President’s Message

“December was a busy month on quite a number of fronts in our dog world and no doubt on the home front for all of us. I hope that Christmas was a happy time and that you were not too inconvenienced by border requirements with family and friends travelling interstate. I take this opportunity to wish all members a Happy New Year and all the best for 2022.

Covid still provides challenges for us as a community. As I type this a notification has just come through about over 11,000 cases being recorded in NSW overnight. The Omicron variant is a disappointing development and underlines the importance of us following the ever evolving government guidelines.

It has been great that we have been able to continue a good schedule of conformation dog shows and sports events throughout the State. We have tried to be a bit innovative in the way we respond to increased requirements. An example was the show weekend from 17 to 19 December 2021 at Durack. We had an impressive line-up of events that included Double Rally, Tricks Trial and Championship Shows run by the All Dogs Sports Spectacular Committee and the Durack Grounds Committee as well as specialty shows for the Border Collie Club of Qld Inc.

The mandatory check in requirement remained in place but the additional double vaccination requirement on entry had been imposed by the State government. A bouquet to the office that think tanked this requirement and came up with the idea of having printed cards that could be issued to members once proof of double vaccination was provided upon entry. These cards can be presented on subsequent visits to dog events. I did a few long shifts on the gates with Carolyn Ryan and Vicki Schneider and other volunteers, including new Life Member, Ainslie Carius, and numerous office and grounds staff, and can say that this measure really sped up this process. A big thank you to all those who assisted on those checkpoints. It was a massive exercise over this long weekend.

It was a special weekend in a number of ways. In the past we have had a special Christmas sit down dinner for invited guests. This year I thought it would be a better idea to have a Christmas barbeque on the Saturday evening for members and their families. We had nearly 300 people register for the complimentary hamburgers and soft drinks and I know from my “gate duty” that members who had not entered the show also came for the barbeque. A big thank you to Rob Harrison, Michael Yates and Julana Akers for their work on the barbeque!

In addition, thank you to Carolyn Pearen, the ADSS Committee, Mandy Schelbach and the Grounds Committee for their time and dedication in organising the shows over the Christmas Carnival weekend.

Also, it was a Board decision to have the Sunday Show as a fundraiser for Meegan and Layla, the widow and child of Rohan Ally who tragically died after competing in an agility trial at the Redlands Dog Obedience Club. It was truly heart-warming

Continued page 6

seeing little Layla awarding the BIS, RUIS and Baby Puppy in Show awards with the guidance of the General Specials judge, Mr Duncan McAllister. Mr McAllister showed a lovely rapport with Layla. It would have been lovely to have had this on video but Mr McAllister emailed a few days earlier saying he did not give his permission for General Specials to be videoed.

SUPREME COURT PROCEEDINGS

Christopher John Woodrow v Canine Control Council (Queensland) Ltd (Trading as Dogs Queensland) and ASIC.

This court action was heard on 28 October 2021 and the decision of Justice Freeburn was handed down on 10 December 2021.

His Honour decided that a person who is validly disqualified from membership for misconduct (which Mr Woodrow did not contest), does not thereby cease to be a director. Although the disqualified member cannot stand for election as a director, it is necessary first, that the board determine that he/she ought to be removed and then, second, that the members vote for removal at a Special General Meeting.

In the final paragraph 59 of the judgment he states as follows-:

“For those reasons, in my view, the proper interpretation of clause 31 requires Dogs Queensland to hold a Special General Meeting, before a Director may be removed from their position”.

The question of whether such a Special General Meeting should be called will be decided by the Board at their next meeting on 10 January 2022.

Members may be interested in some other aspects of this judgment.

In paragraph 3 of his reasons His Honour noted the following history-:

“From 14 January 2020, Mr Woodrow was subject of three decisions of an internal panel of Dogs Queensland called the Dogs Queensland Breaches Panel (the ‘Panel’). The first decision of the panel, on 26 September 2019, imposed a penalty of suspension for 21 days because of a social media post published by Mr Woodrow. The second decision of the panel, on 14 January 2020, was that Mr Woodrow’s membership be suspended for 12 months on the basis of a contravention of Dogs Queensland’s social media policy. The third and last decision of the panel, on 25 May, 2020, imposed a further suspension of three years, meaning that Mr Woodrow was suspended for a cumulative term of four years from 14 January 2020”

In paragraph 11 His Honour noted that, “Mr Woodrow did not challenge his membership suspensions, or the facts underpinning those suspensions. Instead, Mr Woodrow contends that the suspension of his membership did not bring about the automatic cessation of his directorship.”

In paragraph 24, His Honour found that “Rule 14.1(5) makes clear that the effect of a suspension is to immediately nullify the person’s membership but only for the term of the suspension.” His Honour held that “the suspended member loses his status as a member for the period of the suspension”.

Mr Woodrow’s contention that his legal status as a member survived his suspension was rejected by His Honour and in paragraph 35, His Honour held that Mr Woodrow’s membership ‘ceased ipso facto’ upon the panel suspending his membership. In paragraph 36, he found that “the words of Rule 14.1(5) are plain enough that a suspended member no longer has the status of a member.”

Although His Honour held that being a member of at least 5 years standing is a prerequisite to stand for election as a director, continuing membership is not an ongoing requirement for an elected director during that director’s term of office.

His Honour held in paragraph 58 that, “It can be accepted that, for the period of his suspension, Mr Woodrow lost all of the benefits of membership. That included the right to nominate for a position as a director. However, his loss of those benefits has no consequence because he had already been elected as a director and so the regime for removing directors applied.” As stated above, His Honour goes on to state that clause 31 requires Dogs Queensland to hold a Special General Meeting, before a Director may be removed from their position.

As ever, I will keep members informed of developments.

Ulla Greenwood, President Dogs Queensland 29 December 2021 ”

Breeder Alert –Puppy Scam Websites

Dogs Queensland has become increasingly aware of Puppy Scam Websites using legitimate Dogs Queensland Registration and Queensland Breeder Identification (BIN) Numbers to sell puppies. Dogs Queensland Registration Numbers are obtained from legitimate websites such as Dogs Queensland or DogzOnline, where they are displayed as required by the Queensland Government.

Pixabay

Please see the Queensland Dog Breeder Fact Sheets for regulations and guidelines for Queensland Dog Breeders.

An example of a typical scam is: • A Dogs Queensland Membership number is lifted from current advertising on the internet. • The scammer researches and obtains personal details of the breeder including name, suburb, prefix. • A domain name similar to the Kennel prefix is registered on an offshore registry. • Once the breeder has ceased advertising the litter of puppies a new website is published. • No physical address or phone numbers are advertised on the website. • The seller avoids permitting you to physically see the cyber puppy and only sends non genuine pictures. • The seller insists on only accepting payment by a crypto currency or a funds transfer.

As a breeder what can you do to avoid being an unknowing victim of a Puppy Scam: • Regularly Google search the internet for websites using a similar Domain Name as your Prefix. • Put a warning notification in your online advertising to alert buyers to check any website they are looking at is legitimate. • Encourage puppy buyers to verify breeder information with Dogs Queensland and make direct inperson contact with you. • Ensure puppy buyers check communications are made with verified contact details. • Encourage puppy buyers to meet the puppy and breeder before handing over payments.

As a buyer what can you do to avoid being a victim of a Puppy Scam: • Verify breeder information with Dogs Queensland. • Ensure communications are made to verified contact details. • Meet the puppy and breeder before handing over payments. • If paying online, use a credit card or PayPal where you have a degree of buyer protection. • Check website is an established site with a website security certificate. • Avoid websites without physical address or phone numbers. • Ask for proof, including ANKC registration papers and veterinary health records for any puppy.

Importantly you should report any suspect sites or advertising to the ACCC ScamWatch website. Please let us know about any suspect websites too by contacting Dogs Queensland on 3252 2661 or by email at info@dogsqueensland.org.au.