Usherwood v Keegan

The case of Usherwood v Keegan involved an RSPCA inspector, the applicant, who had executed a warrant under the Animal Care and Protection Act 2001 (Qld), resulting in the seizure of three dogs from the second and third respondents. The applicant sought a declaration that the first respondent did not have the authority to order the return of the dogs, arguing that the order was invalid and should be set aside. The first respondent had ordered the return of the dogs and directed a trial of the complaints, but the applicant contended that the power to make such an order was subject to internal review and appeal processes, neither of which had been engaged. The second and third respondents argued that the first respondent had the power to order the return of the dogs under section 39 of the Justices Act 1886 (Qld).

The legal issues the court had to decide included whether the first respondent had the power to order the return of the seized dogs, whether the internal review and appeal processes were a precondition to making such an order, and whether the RSPCA inspector who seized the dogs qualified as a ‘public officer’ under section 39 of the Justices Act. The court considered that the internal review and appeal processes were indeed a precondition to making a stay order requiring the return of the dogs. Additionally, the court found that the RSPCA inspector was not a public service officer or employee but was employed by the RSPCA, thus not qualifying as a ‘public officer’. Consequently, the court concluded that the first respondent did not have the authority to make the order for the return of the dogs.

The court declared that the order made by the first respondent on 13 July 2020, concerning the three dogs seized by the RSPCA on 8 April 2020 and which were the subject of proceedings before the Magistrates Court at Townsville, was invalid. This determination resolved the immediate dispute over the authority of the first respondent and the procedural requirements that must be met before such an order can be made.