Laws regulating animal welfare
Cruelty to animals is regarded as unacceptable and all jurisdiction have enacted legislation making it an offence. Cruelty, however, is common and the courts deal with large numbers of cruelty cases every year. The majority deals with pets, but mistreatment of livestock and especially horses is not uncommon. For example, it is an offence if owners fail to provide an animal with proper and sufficient food, drink and shelter. A fine of 60 penalty unit and/or 6 months gaol could apply.
The legal framework for animal welfare in Victoria is contained in the following sources:
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Prevention of Cruelty to Animals Act 1986 (Vic)
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Prevention of Cruelty to Animals Regulations 1997 (Vic)
Many national and Victorian codes of practice are also implemented into Victorian law under s 7 of the Prevention of Cruelty to Animals Act 1986 (Vic).
The Act and the Regulations can be viewed at www.dms.dpc.vic.gov.au (select 'Victorian Law Today ') or through AUSTLII at www.austlii.edu.au.
What is an 'animal ' under the Act?
'Animal ' is defined in the Act as a live member of a vertebrate species including any fish, amphibian, reptile, bird, mammal (other than a human being)or any reptile, bird or other mammal that is below the normal mid-point of gestation or incubation for the particular class of reptile, bird or mammal, or a live adult lobster, crab or crayfish.
What is a "Farm Animal" under the Act?
'farm animal' means—
(a) if kept for or used in connection with primary production—cattle, sheep, pigs, poultry, goats and deer; and
(b) horses other than horses kept for or used in connection with sporting events, equestrian competitions, pony clubs, riding schools, circuses or rodeos;
The meaning of 'cruelty ' and 'aggravated cruelty ' to animals
Cruelty as defined in the Prevention of Cruelty to Animals Act 1986 (Vic), can range from wounding, torturing and overworking animals to neglect, abandonment, ear cropping and debarking. 'Aggravated cruelty ' occurs where a person commits any act of cruelty and the animal dies or is so seriously disabled that it is cruel to leave it alive.
Penalties for animal cruelty
Penalties differ depending on whether you are an individual, a corporation (companies), a partnership or an unincorporated body.
Where a corporation is found guilty of an offence, not only can the corporation be fined but also 'anyone who is concerned in or takes part in the management of the company '.
If a partnership or unincorporated body is convicted of an offence under the Act, each partner or each member of the management committee (as the case may be) may also be guilty of that offence.
The penalty for cruelty to animals can lead to fines of up to 120 penalty unit or imprisonment for up to twelve months. For aggravated cruelty, you may be fined up to 240 penalty units or be imprisoned for up to 2 years. A corporation may be fined 600 penalty units for cruelty and 1200 penalty units for aggravated cruelty.
You may also be disqualified for up to ten years from having custody of an animal in addition to imposing penalties. The court could also place conditions on how you keep any animal for a specified period of time.
Two cases of successful prosecutions for cruelty.
Starving Cattle
In February 2007 an RSPCA inspector was advised by phone by the police that they had found on a property in Western Victoria three cows who were down and could not get up. The police later advised that the cows had been euthanaised by a veterinary surgeon. A field post-mortem found that they had been suffering from starvation.
On visiting the property the Inspector found a large herd of Angus cattle in a state of emaciation. The owner admitted he had probably not fed them enough. The inspector issued him with a Notice to Comply to feed proper and sufficient feed to the cattle.
Subsequent visits to the property by the inspector found little change and a second Notice to Comply was issued. A fourth cow was euthanased because she could not get up.
In December 2007 the owner of the cattle was charged and convicted in Colac Magistrate’s Court on 3 charges of failing to provide sufficient feed, and 2 charges of aggravated cruelty. He was fined $2500 and ordered to pay $1050 costs.
Starving Horses
In February 2007 an RSPCA Inspector visited a property in Western Victoria in reponse to a complaint about starving horses. The Inspector found eight horses in a yard, of which 5 were in poor body condition. In a paddock north of the dwelling there were eight more horses, all of which were in poor condition. To stallions in smaller yards were in very poor condition. The paddocks were bare of pasture.
The inspector told the owner that he though a veterinary examination of the horse was needed. She decline so the Inspector arranged for a veterinary surgeon to examine the horses. The Vet’s report stated that all the horses on the property were malnourished. The vet was also critical of the owner’s general animal husbandry competence.
The Inspector issued a notice to comply instructing the owner to provide sufficient feed to her horses and to reduce their number to a manageable level.
After numerous visits to the property the Inspector finally obtained a warrant to seize seven horses and executed this warrant in March 2007. A further warrant to seize four more horses was executed shortly afterwards.
In September 2007 the horse owner was charged and convicted in the Geelong Magistrates Court on 38 counts of breach of the Prevention of Cruelty to Animals Act.
She was sentenced to 6 months imprisonment (suspended for two years) fined $6000 and prohibited from having custody of any animal for five years. Costs were reserved pending agreement.
Source:
To see other cases go to www.rspcavic.org/aboutus. Scroll down and click on Inspectorate
Defences to charges of cruelty
It is a defence to a charge of cruelty or aggravated cruelty if you acted reasonably in defence of yourself or another person against attack by an animal.
If an individual is charged on the basis of corporate liability, that person can use a defence to the charge if they can prove that the corporation committed the offence without their knowledge.
Also, the cruelty or aggravated cruelty provisions do not apply to the following situations:
- any conduct that complies with a code of practice that is part of Victorian law (unless conduct procedures were not carried out in accordance with that code).
- the slaughter of animals done according to the Meat Industry Act 1993 (Vic) or any Commonwealth law or on a farm under certain conditions.
- any act done according to the Catchment and Land Protection Act 1994 (Vic) or the Wildlife Act 1975 (Vic)
- the treatment of any animal by a veterinarian that is done for the purpose of promoting the health or welfare of the animal
- any fisheries activity done within the Fisheries Act 1995 (Vic).
Allegations of animal cruelty can be reported to an animal health officer of the Department of Primary Industries (DPI), inspectors for the Royal Society for the Prevention of Cruelty to Animals (RSPCA), police or authorised council officers. Allegations of cruelty to farm animals are normally reported in the first instance to the local DPI office inspectors. Companion animal cruelties are normally reported to the RSPCA.
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