Geraldine Robertson v RSPCA & DPI -  
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Statements of Claims - Pleadings RSPCA Katie Heaton called wet concrete a sludge of Urine and faeces. Geraldine Robertson Guilty

Uniform Civil Procedure Rules for Claims

It is time for you to protest. When Anna Bligh' government does it to one person they can do it to everyone including you. Anna Bligh prosecutes for profit - She takes what is rightfully yours. Protest Now to Politicians and media - their email addresses are below.

It is law that RSPCA can seize your property for their profit. On the 30 Oct 2009 Justice Devereaux ruled that RSPCA have a vested interest in Geraldine Robertson's dogs and should therefore be a party to her appeal to get her dogs back from DPI. RSPCA can lawfully seize your animals and your pets to sell for RSPCA profit. The RSPCA business model.

The servant claiming they have a vested interest in their Master's property? This means your cleaner could lock you out of your house and the Court would agree they have a right to your house because they cleaned it even though you have an agreement that they clean the house and get paid for it. RSPCA contracts to Department of Primary Industries (now DEEDI) for its staff, as inspectors under the Animal Care and Protection Act, to administer the Act with powers to seize property for the Master (DEEDI). Anna Bligh's Law as ruled by Justice Devereaux is that RSPCA Inspectors are seizing property for RSPCA's profit.

You could have everything you own taken from you by Anna Bligh's Government and its agents and you will not be allowed to have a proper hearing in Court. To guarantee their theft Anna Bligh's Government can intimidate and bully you into submission and this will not be considered by a Court. They can assault you, defame you, ruin your business, cause you real fear and terror with many months of abusive telephone calls and cause you massive legal costs till you run out of money and have to be self represented. 

You can prepare a Claim and Statement of Claim against Anna Bligh's Government and its agents and your Statement of Claim will be struck out without leave to re-file. You are not allowed to have a remedy from the Court.

You can claim your property back and you will not get a fair trial and have to suffer fabricated evidence and perjury being accepted by the Magistrate. Your witnesses can be intimidated and you will be vilified to them and this is OK by the Magistrate and you will not be heard on it. Your records and defence can be taken from you on the eve of your trial and this is OK. Having been stripped of all of your evidence you will still have had a "fair trial" and your appeal to the District Court will be struck out without you even being heard.

You will be declared vexatious because you want to have a fair hearing before the Courts and you will then be locked out of the Courts. When Courts fail to deliver a remedy they leave people no other option to either suffer their losses or seek a remedy with guns and bombs. Anna Bligh is taking Queensland down a very perilous path, a path where violence is the only remedy to injustice. Conclusion Anna Bligh is truly evil and Corrupt.

Anna Bligh is funding her government by stealing from people and vilifying and prosecuting them.


Summary of events:

After a prolonged drought and empty dams there was a major rain event that flooded Geraldine Robertson's kennels. Instead of the SES coming to help clean up, RSPCA came on the 9th January 2008 and seized all her valuable Pedigreed Poodles and customer's dogs worth $5million. There were no malnourished, sick or injured or dead dogs.  

Magistrate Court Exhibit of Transcript of RSPCA Inspector L. Stageman " The media is coming with me to film anything that I require for evidence", " I'd give her a direction and then come back because otherwise see really all those dogs need clipping that's all they need I mean you can't say they're underweight." The order "seize all the dogs" was given and repeated by RSPCA Inspector Towers-Hammond on his arrival. Lawrence Stageman's Tape Transcript. Shortly after video appeared on Television and did not explain the drought followed by flooding rains. Only RSPCA defamatory comments falsely claiming the dogs were covered in urine and faeces and other horrors was told to the Public.

RSPCA then vilified Geraldine Robertson in the media as a major dog abuser. What followed was horrific for Geraldine Robertson, she had many months of abusive phone calls, death threats along with vile nasty letters. Garbage was dumped on her property,  strangers come to her property to abuse and assault her. Geraldine Robertson was caused so much fear and terror that she was afraid to have lights on at night because people would realise she was home alone and carry out their threats. When Geraldine Robertson called the Police for help several times the Police also abused her and would not help. 

RSPCA recruited other people, poodle owners, to their cause when they gave Geraldine Robertson's poodles to them. Geraldine Robertson has a fight with a ruthless army of greedy people wanting to keep her valuable poodles. People prepared to fill internet web sites with the most defamatory material and incite others to violence of Geraldine Robertson to keep her dogs. People who are still distributing lies about Geraldine Robertson.

RSPCA came again on the 22nd February 2008, the eve of the deadline for filing her appeal with DPI for the return of her dogs, and seized all her records, evidence and computer system along with private property including jewellery, share certificates, cash, antiques valued at $180,000. The kennel boarding cards according to RSPCA do not exist. These cards were the only records which contained the complete records of her customers, her potential witnesses, contact details of customers who had been to her kennels and placed and retrieved their dogs into her kennels in the Christmas/New Year period. 

Geraldine Robertson's witnesses were contacted by RSPCA and Geraldine Robertson was vilified to them.

Geraldine Robertson knew then that RSPCA were intent on taking everything from her, her valuable pedigreed dogs, her business, her property, her reputation, her safety, her peace, her privacy, her health, her right to be fairly heard in Court, her right to a legal remedy - everything.

Magistrate Strofield restricted his hearing to only the Reasonable belief of the Inspectors and the Forfeiture by DPI. All the evidence of the conduct of RSPCA, the RSPCA and media vilification, the theft of records that were not returned and other issues were not allowed by Magistrate Strofield.

That RSPCA evidence were fabricated and witnesses were perjuring in giving evidence was ignored by Magistrate Strofield and the Government (DPI&F). On the 30th October 2009 t he Judge in Chambers at the District Court struck out Geraldine Robertson's Notice of Appeal with no leave to amend, ignored the Law, S154 of the Animal Care and Protection Act. Judge Devereaus stated RSPCA (who in fact was contractor of the Government under a contract) had a vested propriety interest in Geraldine Robertson's dogs seized by RSPCA inspectors  

The District Court Judge Devereaux, by ruling RSPCA is a party to Geraldine Robertson's Appeal to the District Court meant that the Court and the Government (DPI&F) both supported the theft of Geraldine Robertson's valuable dogs by RSPCA to sell for their profit.  RSPCA is a business trading in pets calling themselves a charity accepting donations and making profits from seized/stolen animal sales. 

RSPCA state that Geraldine Robertson's dogs have been placed into foster homes and RSPCA are asking $1.4 million for the upkeep of Geraldine's dogs, some of whom have died in RSPCA neglectful care, and the others SOLD together with their unaccounted babies/puppies born since seizure. Geraldine Robertson had exported 200 dogs in the 18 months prior to seizure and had orders for many more at up to $6,000 each. All the planned puppies to fill overseas orders, about 300, have disappeared from the RSPCA record.

This interpretation meant that RSPCA admitted their inspectors steal animals under the umbrella of the said Act for RSPCA's benefits supported by the Government and the Courts. DPI&F "formally forfeited all animals seized to RSPCA" for RSPCA as stated by Fiona Ferguson LLB Chief Executive, DPI & F in the Magistrate Court Appeal hearing.  This meant the Court supports and condones the theft from any member of the public who has animals RSPCA wants as sales stock and is entitle to publicise and vilify the poor victims, members of the public in order to cheat the rest of the public who believes RSPCA vilification and donates to "save these poor neglected animals".

Geraldine Robertson's interpretation is that both the Courts and the Government supported RSPCA theft of properties aided and abetted by the Government and the Courts to sell for RSPCA profit.

Yes, Geraldine Robertson has complained to the Police about the crimes RSPCA Inspectors have committed against her and the Police will not investigate. RSPCA are above the law and can steal property - valuables including cash, jewellery, antiques, chattels and the Police support them by refusing to do anything. RSPCA can steal evidence and disappear it and this is OK by the Police. RSPCA can intimidate witnesses and this is OK by the Police, RSPCA can fabricate evidence and this is OK by the Police, RSPCA can give perjured evidence and this is OK by the Police. What RSPCA has done is approved of by Judges as shown by their actions in Courts.

For your information

Geraldine Robertson Notice of Appeal 
Outline of Argument
Reply to DPI Outline of argument
Application that RSPCA be removed as a party
Affidavit supporting this Application RSPCA be removed as a party
    Exhibits in this Affidavit
Affidavit of Defamation of Geraldine Robertson
   Exhibits to this affidavit (too many and large to put here)
Application to Amend Notice of Appeal
Amended Notice of Appeal
Affidavit to Application to amend Notice of Appeal
RSPCA  Letter from A. Deane Clayton Utz.
RSPCA Application
RSPCA Affidavit    
Department of Primary Industries and Fisheries DPI Outline of argument

Technically, if only one (1) ground was a valid ground the Notice of Appeal should not be struck out. There were more than one valid ground submitted.

Judge at the District Court dismissed Geraldine Robertson's Application that RSPCA be removed as a party on the basis that RSPCA had a claim on Geraldine Robertson for her dogs. This means RSPCA can seize dogs to sell for their own profit after they have gained possession of them from DPI, and have a claim against DPI and Geraldine Robertson in Court for these dogs. 

The Judge Devereaux at the District Court also agreed with RSPCA lawyers the RSPCA Inspectorate is a separate "legal entity" different from RSPCA. That is to say that the RSPCA Inspectorate is a separate legal entity that work for DPI seizing dogs for DPI which RSPCA can then claim from DPI. This reasoning is incorrect as stated in the said Act. RSPCA hires and pays the inspectors their salaries, it is RSPCA employees, ie RSPCA, that seize dogs.

What this means for Queenslanders is that Police, RSPCA, Fisheries, and other Government inspectors can seize property, vilify their victim to their witnesses and others, seize their evidence, intimidate witnesses, fabricate evidence and perjure themselves and they will not be heard on Appeal to the District Court.

Beenleigh Magistrates Court Hearing

Geraldine Robertson Application to Magistrate Court Court that charges be dismissed. 
Affidavit supporting this Application
   Exhibits to this affidavit 
Affidavit of Defamation of Geraldine Robertson - Exhibits too large for the Internet over 200 pages.
RSPCA   

The Issues covered in the Affidavit include:

  1. The Defendant has been denied her “every defence”.
  2. Witnesses were tutored in the Preparation of the “RSPCA Animal Rescue” Television show
    Where a breach of Natural Justice could affect the outcome the Court must stay the prosecution.
  3. Pretrial Publicity caused the Defendant to be denied Natural Justice.
  4. Magistrate Morgan and Magistrate White are biased against the Defendant.
  5. An order be made to enable the Beenleigh Magistrates Court Registry to correct the two “clerical errors” and correct or nullify the two Convictions or Orders made and recorded incorrectly (as a result of the two “clerical errors”). 
  6. An order that a Notice of Conviction or Order after the correction of 1. above be then sent to the Defendant clearly showing the removals have been affected.
  7. History
  8. The Complainant conducted a trial by media and a save the poodles campaign against the Defendant.
  9. The Complainant has prosecuted the Defendant for Profit.
  10. The Animal care and Protection Act 2001 was used for purposes that were alien to the administration of the Act. 
  11. The Complainant acted in contempt of Court and in conflict of interest.
  12. Pretrial Publicity – Trial by media has made it impossible for the Defendant to get a fair
  13. Malice
  14. Misfeasance in public office by the Complainant.
  15. The Complainant witnesses had been tutored.

RSPCA Prosecuted Geraldine Robertson for the following profits: 

a.    RSPCA created a media event damnifying Geraldine Robertson and conducted a “Save the Poodles” campaign and received donations estimated at $2million.

b.   RSPCA  invoiced Geraldine Robertson $253,999.46 for the "care" of her dogs for three months. It has now been 21 months with the total bill estimated at $1million +++.

c.   RSPCA sold and will sell Geraldine Robertson ’s dogs. Geraldine Robertson received telephone calls informing her that her best breeding stock numbering 49 rare and extremely valuable (irreplaceable) pedigreed Standard and Toy poodles (pregnant bitches, stud dogs and adolescents) were shipped out immediately to four (4) locations. Value of all her pedigreed poodles is immeasurable .

d.   Geraldine Robertson has been told and verily believes that all those people who purchased Geraldine Robertson ’s dogs (called “fostered”) have been told from on or about the 20 July 2009 by RSPCA, that they can now keep those dogs. This is contrary to the Animal Care and Protection Act 2001 as the Decision of the Brisbane Magistrates Court is being appealed. Geraldine Robertson verily believes she has lost her dogs forever to RSPCA ’s profit motive.

e.   RSPCA  planned to obtain a fine plus their legal fees of some $300,000+++. (reference: Ruth Downey) by charging Geraldine Robertson with 149 criminal charges of animal cruelty and breach of duty of care for 109 dogs..

f.   RSPCA had prepared another major fund raising campaign on Geraldine Robertson with their RSPCA Animal Rescue Television show to be shown when the legal processes had finished. These DVDs were summoned to Beenleigh Magistrate Court. Another large sum in donations for RSPCA and another massive attack from the public with death threats etc all over again for Geraldine Robertson

g.   RSPCA  used the Animal Care and Protection Act to plunder Geraldine Robertson ’s records and personal property including much expensive jewellery, antiques, cash and much more total value about $180,000. 

h.   RSPCA intent upon profiting by taking everything from Geraldine Robertson , her home, her valuable personal property, her income, her reputation, her health, her right to a fair hearing in the Courts – everything.

RSPCA, has taken the following from Geraldine Robertson, 

  1. Geraldine Robertson had her world Famous Pedigreed Neiger Poodles taken from her. Geraldine Robertson’s dogs had twenty plus years of selective breeding with rare irreplaceable imported lineage, bred for temperament, depth of colour, sound genetic health and conformity to the Breed Standard. Geraldine Robertson has been exporting these dogs to the world mainly to increase the gene pool since 1988. In the eighteen months prior to seizure she had exported approximately 200 dogs and had orders for more to be exported some being for puppies. The value of the pedigreed dogs seized were irreplaceable and invaluable.  These dogs were sold to people who were "too caring" to pay the market price for these dogs and recruited by RSPCA to join in the defaming of Geraldine in order to keep her healthy dogs. 
  2. all her customers’ pedigreed dogs taken from her - from them also. 
  3. Geraldine Robertson specialised in overseas shipping of pedigreed dogs. She had all her shipping customers’ pedigreed dogs on consignment taken from her. 
  4. Geraldine Robertson’s loves of her life, her dogs that she so loved and devoted her past 20 years to selective breeding were taken from her.  
  5. The customers that loved and respected her and her dogs. Most of these customers have abandoned her. 
  6. Geraldine Robertson has had her good reputation and respect from 20 years of breeding the best quality Pedigreed Poodles taken from her.
  7.  Prior to owning the kennels Geraldine Robertson was for 20 years in professional employment as a qualified Accountant, Financial Analyst, Taxation and Audit both in the private and public sectors. Her established good reputation was taken from her, 
  8. Geraldine Robertson had her Pedigreed Poodle export business and its income taken from her. 
  9. Geraldine Robertson had her export shipping business on consignment, and its income, taken from her. 
  10. Geraldine Robertson had her boarding Kennel business, and its income, and goodwill taken from her. Under threat of further raids from RSPCA Geraldine Robertson feels she cannot conduct this business anymore. 
  11. Geraldine Robertson had her valued privacy taken from her. Her affairs were made public in Television news, in newspapers and on the Internet. Geraldine Robertson regularly receives calls from people wanting to inspect her property and kennels. Neighbours get requests from Television News reporters wanting to use their property to film Geraldine Robertson’s property. Neighbours were recruited to spy on Geraldine Robertson by RSPCA.
  12.  Geraldine Robertson has had her freedom taken from her. The many months of threatening and abusive telephone calls, the nasty letters, the garbage dumped on her drive way and people coming to her property and abusing and assaulting her made her fearful living in her own home. Living in fear she was unable to have her lights on or watch Television at night for fear someone would come to her home and carry out their threats. This fear lasted for 7 months till she managed to persuade a friend to live with her. Geraldine Robertson is still fearful of being on her own in her own home. 
  13. Geraldine Robertson had her pleasures taken from her. She was unable to visit her local Club or go out in public by herself as people there had come up to her and abused her. 
  14. Geraldine Robertson had the convenience of shopping by herself taken from her. She was fearful because she had members of public come up to her and abuse her. 
  15. Geraldine Robertson had her emotional well being taken from her. She regularly saw and was alerted to comments made about her on Internet web sites and forums and in the media. 
  16. Geraldine Robertson had her good mental and physical health taken from her. The stress, distress, the fear and terror she has experienced and still experiences has taken a toll on her health. Geraldine Robertson had to seek help and medication provided by her doctors. 
  17. Geraldine Robertson had her ability to feel safe in her own home taken from her. She is regularly woken in terror by nightmares of what had happened, is happening to her beloved poodles and people coming into her home to cause her further harm. It has been a very long 20 months since they were "legally" stolen from her by RSPCA fully supported by the Labor Government. A "disgusting act of malicious greed" according to Geraldine Robertson. She will never give up, until "Justice is served".
  18. On the 22 February 2008 RSPCA came with a Warrant and seized her records and other personal effects including jewellery, her wedding ring, cash, antiques, computer system, legal correspondence with her then solicitors, and other personal property. Geraldine Robertson was oppressed and intimidated by RSPCA.
  19. Geraldine Robertson has and is suffering hopelessness from the regular reminding by people who contact her of how she has been portrayed by RSPCA in the media and elsewhere. 
  20. Geraldine Robertson has had the protection of the Police taken from her. When she reported an assault upon herself she called the Beenleigh Police and was abused by the Police, she called the Logan Police and they refused help, she called the Jimboomba Police and they came after five hours and would not help her. They did not collect the bottles, stones and cans that were thrown at her and that hit her on the head. The fingerprints on these bottles would have helped identify her assailants. 
  21. Geraldine Robertson had most of her witnesses taken from her. The records seized contained the contact details of the many people who had boarded their dogs with her over the Christmas New Year period prior to the flash flooding that washed debris into her kennels. These people were witnesses to the conditions of her kennels. 
  22. Geraldine Robertson had her trust in the legal system taken from her. In her Appeal for the return of her dogs: 
    1.  RSPCA was allowed to interfere with the three witnesses that did come forward. 
    2. RSPCA was allowed to put provable lies into Court and have them accepted as evidence. 
    3. RSPCA was allowed to seize her records and other property and ambush her appeal for the return of her dogs by causing her loss of witnesses. 
    4. RSPCA was allowed to use pretrial publicity to scare away witnesses and to cause other RSPCA "witnesses" to harden and fortify against her. 
    5. The Magistrate, against the evidence, denied that the Appellant’s kennels were affected by the flash flooding in the week prior to seizure on the 9th January 2008. when in the transcripts: 
    6. The words rain and raining appears 403 times in all the transcripts.
    7. The word weather appears 83 times in the transcripts.
    8. The words flood and flooding appears 232 times in the transcripts.
    9. The Magistrate allowed and accepted RSPCA witnesses to point to wet concrete and say it was a sludge of faeces and urine. 
    10. There are many incidences and much provable perjury and fabricated evidence and the Magistrate accepted it saying he would consider their evidence when he makes his decision. 
  23. Geraldine Robertson had her trust in the legal system taken from her. In her Appeal for the return of her dogs: 
  24. Geraldine Robertson had her confidence in the legal profession taken from her. Her then Lawyers attempted to have her certified mentally incapable with an administrator appointed when she refused to surrender all the dogs to RSPCA. Her replacement Lawyers, could not, or would not, produce an Appeal for the return of her dogs. Geraldine Robertson had to be self represented after having paid lawyers large sums of money. 
  25. Geraldine Robertson has been stripped of her financial resources by RSPCA negotiating with her then lawyers for Geraldine Robertson to surrender her dogs to RSPCA when RSPCA had no power to make any decisions to return any of her dogs to her. It was a negotiation that was ultra-vires and a contempt of court as the decision was with the then Department of Primary Industries not the RSPCA. 
  26. Geraldine Robertson had her financial security taken from her. When this matter finalises she will have to sell her property as the debt burden is now such that, with her self funded superannuation payments, she has trouble finding the money to live and depends on the charity of friends and some customers who also lost their dogs in the seizure. 
  27. Geraldine Robertson had her lifestyle taken from her. She has to struggle financially to pay her expenses and get by. 
  28. Geraldine Robertson had her right to all her “defences” in her Appeal to the Brisbane Magistrates Court for the return of her dogs taken from her. Magistrates struck out large amounts of evidence and witnesses were made unavailable to her by RSPCA conduct and trial by media exposure that she was left having to try to show how RSPCA had fabricated evidence and perjured themselves with RSPCA's own evidence. 
  29. Geraldine Robertson had her right to live in her own home by herself taken from her. She suffers fear of further abuse made on her by RSPCA as RSPCA did when they raided her. She must have someone else stay with her for protection and peace of mind. 
  30. Geraldine Robertson has had her confidence in the Courts taken from her. When she made an application to the Beenleigh Magistrates Court for the return of her kennel boarding records she was found guilty of 1 x animal cruelty and 3 x breach of duty of care (4 charges out of 149 charges). Penalty $250.00. The Magistrate and RSPCA lawyers told her to ignore the Advice of conviction or order, to tear it up, as it was a “clerical error”. Later she received another advice of convictions or order with a penalty of $250.00 from the same hearing. A total of $500.00 in penalty for making an application for the return of her kennel records to enable her to identify and contact potential witnesses to defend the 149 charges laid against her by RSPCA. 
  31. Geraldine Robertson almost had her right to Appeal the above mentioned penalties taken from her by an attempt to deceive and mislead Geraldine Robertson to persuade her not to appeal the above mentioned guilty findings. Geraldine Robertson has appealed to the District Court against Brisbane Magistrate decision to confirm DPI forfeiture of the dogs. No District Court Judge could return her dogs to her if she is guilty of animal cruelty and breach of duty of care, even if it was caused by a “clerical error” as stated by the Magistrate in the last Beenleigh Magistrates Court mention hearing. 
  32. Geraldine Robertson has a right to conduct any business that has anything to do with animals. RSPCA had threatened to come again and again and start it all over again if she were to conduct any animal related business.   

What happened to Geraldine Robertson is the result of Anna Bligh's Labor Government Prosecution for Profit Policy.  

IT COULD HAPPEN TO YOU.

Cockroaches run for cover when the lights are turned on, so please turn on the lights by distributing this email everywhere including the email addresses below. Let our Politicians and media know you know. Politicians are there to protect us from the tyranny of bureaucracy. Ask them to do something to fix this problem of abuse of citizens.

Queensland Members of Parliament Queensland Cabinet
sandgate@parliament.qld.gov.au
mount.coot-tha@parliament.qld.gov.au
gregory.emerald@parliament.qld.gov.au
mansfield@parliament.qld.gov.au
nicklin@parliament.qld.gov.au
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condamine@parliament.qld.gov.au
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dpi@ministerial.qld.gov.au
redlands@parliament.qld.gov.au
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attorney@ministerial.qld.gov.au
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infrastructure@ministerial.qld.gov.au
ccs@ministerial.qld.gov.au
education@ministerial.qld.gov.au
mainroads@ministerial.qld.gov.au

Other Parliamentary email addresses
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tourism@ministerial.qld.gov.au
catering@parliament.qld.gov.au
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infrastructure.planning@ministerial.qld.gov.au
transport@ministerial.qld.gov.au
Hansard@parliament.qld.gov.au
scrutiny@parliament.qld.gov.au
treasurer@ministerial.qld.gov.au
Neil.Laurie@parliament.qld.gov.au
DeputyClerk@parliament.qld.gov.au
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pcjc@parliament.qld.gov.au
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BillsandPapers@parliament.qld.gov.au
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dpi@ministerial.qld.gov.au
attorney@ministerial.qld.gov.au
police@ministerial.qld.gov.au
childsafety@ministerial.qld.gov.au
localgovernment@ministerial.qld.gov.au
hansard@parliament.qld.gov.au
Kellie.Moule@parliament.qld.gov.au
scrut@parliament.qld.gov.au
ljsc@parliament.qld.gov.au
ccs@ministerial.qld.gov.au
pcmc@parliament.qld.gov.au
edc@parliament.qld.gov.au
meppc@parliament.qld.gov.au
mainroads@ministerial.qld.gov.au
tours@parliament.qld.gov.au


 

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RSPCA Inspectors belong in jail