PUPPY FARMS & ANIMAL WELFARE REFORMS
My views thus far;
It is
important to note that while we debate the way forward, specifically with
measures to address the breeding of dogs, the legislative framework proposed
should also apply equally to the breeding of cats and any future companion
animals.
I would
recommend that state and territory governments include the breeding of cats in
any legislative reforms.
I would
recommend that responsibility for the administration and enforcement of these
initiatives be shared between state and territory departments of local
councils, and state and Territory divisions of the RSPCA, in the case of the
RSPCA powers of litigation must include debate in relation to set prosecution,
enforcement and procedural guidelines.
I note that
a number of states are already engaging in legislative reforms that will give
effect to many of the strategies proposed. It is important that such amendments
are nationally consistent) to prevent regulatory “black holes” which may
undermine efforts to address these concerns.
Traceability
The ability
to trace the origin of puppies to their mothers and breeders is crucial for
facilitating appropriate regulation and transparency in dog breeding
activities.
It will
provide local government with a cost-effective mechanism for auditing and
monitoring breeders to ensure they are complying with their statutory
obligations.
It will also
give prospective dog owners the reassurance they are seeking to ensure they do
not contribute to the perpetuation of unscrupulous puppy farming/breeding
operations.
Registration of breeders
All people
who wish to engage in breeding companion animals should be required to register
as a dog breeder with their local council. The application of this requirement
should be broad and apply to any person who wishes to keep more than one entire
female regardless of whether that person has a stated intention to engage in
breeding.
Different
registration requirements can of course apply to individuals seeking to
register two breeding dogs, as opposed to those seeking registration for the
operation of a larger scale commercial breeding establishment, which may
consist of 4 or more breeding dogs.
All
registration details should be collated in a state-based breeder register
maintained by the administering authority, in this case it may be best to have
the data base managed by local councils.
Members of
the public should be able to search the register to ensure the accuracy of the
breeder registration number provided by a breeder.
State and
territory animal management legislation should be amended to provide for these
requirements and the associated registration procedure.
The
legislation should make compliance with a prescribed breeding standard a
condition of registration, with an accompanying regular inspections regime to
verify compliance.
Microchipping
State and
territory animal management legislation should provide for a requirement to
microchip puppies before they reach say “12 weeks of age” and prior to their
sale or transfer.
The
legislation should also require the information recorded on the microchip
database to include the microchip ID number for the animal’s mother, and the
breeder’s registration number and details.
The process
of recording such information should be prescribed in legislation and include
requirements for the owner to provide evidence of the accuracy of the details
to be recorded.
Such
evidence may include the provision of a driver’s licence or other personal
identification, and registration certificate for the breeder bitch for
instance. The microchip database should be licensed and regulated by the
responsible authority.
To enable
effective monitoring and enforcement, microchip databases should have a
mechanism for recognizing maximum numbers of puppies that can be recorded to
any one breeding bitch or breeder registration number, to again ensure accountability.
For
instance, if a breeder is registered as having two entire females, the maximum
number of pups that can be linked to that breeder’s registration number within
one year may be set at an educated quantity.
If the
maximum number is exceeded this should be flagged in the microchip database and
an automated notification sent to the relevant local government authority. A
local government officer could then contact the breeder to establish the reason
for exceeding the prescribed limit and conduct further investigation if
necessary.
Disclosure of breeder
registration number
The animal
management legislation should also impose a requirement for the breeder
registration number to be displayed at the point of sale and in all
advertisements for a companion animal. This would enable a prospective buyer to
search the relevant breeder register to ensure the breeder number is
legitimate.
Breeder Standards
Each state
and territory should adopt mandatory standards for the breeding of dogs under
their animal welfare legislation. Compliance with the standards should also be
made a condition of registration as a breeder. Breaching the standards could
therefore attract punitive penalties under animal welfare legislation, and
revocation of the breeder’s registration at law.
To ensure
the welfare of breeding animals, the breeder standards should include the
following key welfare standards. Breeder standards should be informed by the
five freedoms and ensure the animals’ physiological, behavioral and social
needs are met.
Exercise and socialization
Daily
opportunities to exercise, play, explore and socialize are necessary to
maintain the mental and physical health of animals. Exercise and socialization must be sufficient to meet the animals’ behavioral, physiological and social
needs.
These same
standards should also be applied to shelters and organisations like the RSPCA
and AWL.
Animals must
be provided with opportunities to socialize not only with their peers, but also
humans in a secure environment on a daily basis. The exercise area must be an
additional and separate area to the area where the animal is normally housed.
In addition,
opportunities to exercise in a secure outdoor area with natural lighting must
be provided daily.
Staff / animal ratios for
breeders
The ratio of
staff to animals must be sufficient to ensure that each individual animal’s
physiological, behavioral and social needs are met and that a high standard of
care is provided.
Animal
shelters and pounds should offer similar practice models.
Housing
Housing must
meet the physiological, behavioral and social needs of the breeding animals
and their offspring. Housing facilities must be designed and maintained to
provide a clean, comfortable and safe environment.
The housing
space should be as large as possible. At a minimum, the housing area must
provide sufficient space to allow animals to walk around freely without
obstruction, and to sleep and eat away from areas where they defecate.
In addition,
housing should be designed to make use of natural lighting and to provide
animals with access to outdoor enclosures. Animals should be housed as
appropriate for the individual animal, individually or in compatible groups.
Housing
standards must cover aspects including temperature, ventilation, clean air,
noise, light, spaces, drainage and security etc.
Animals in
non-kill shelters MUST be allowed to be housed in larger enclosures that offer
greater room to move, and ought to allow areas that are not concreted.
Breeding Management
Breeding
animals must be physically healthy, free of disease and inherited disorders.
Prior to using an animal for breeding, the breeder must consult with a
registered veterinarian to determine whether the animal is suitable for
breeding.
If deemed
suitable, the breeder must develop an appropriate breeding management program
for each individual breeding animal based on veterinary advice.
Breeding
animals must have reached full physical development (maturity) prior to
breeding based on veterinary advice.
Breeders
must screen potential breeding animals under veterinary advice for health
problems (inherited disorders, genetic defects and exaggerated physical
features) and behavioural problems. If such problems are detected the animal
should be excluded from breeding.
Breeding
mates must not be closely related to each other.
Where an
animal exhibits or produces offspring with an inherited disorder or
characteristic that has been identified as compromising the animal’s quality of
life, health or welfare, that animal should be excluded from breeding and
should be de-sexed.
Any animal
that does not meet with the requirements to breed, must be either provided with
a high standard of housing and care at the breeder facility or re-homed to a
suitable carer. These animals should not be euthanized unless it is deemed
necessary and in the best interests of the animal by a veterinarian.
The breeder
must not euthanasia/cull healthy offspring simply because they do not conform
to a ‘breed standard’, to ensure compliance all births and deaths should be
covered in a yearly report.
Veterinary and General Care
Veterinary
care and general care (e.g. grooming, parasite control etc) must be provided as
required to ensure the health and welfare of the animal, as found in present
animal welfare legislation
All animals
in shelters or breeding facilities must be checked every day and receive
appropriate and sufficient food and water.
If an animal
displays signs of illness or injury, veterinary care must be provided
immediately. Euthanasia of all companion animals, must only be performed by a
veterinarian.
Retirement and re-homing policy
Retired
breeding animals, animals that are unable to breed or animals that are
unsuitable for breeding, should be de-sexed and either provided with a high
standard of housing and care at the breeder facility or re-homed to a suitable
carer or re-homing facility.
Any unsold
or returned animals must be provided with a high standard of housing and care
at the breeder facility either permanently or until they can be re-homed to a
suitable carer or re-homing facility.
Transfer/transport of animals
Animals must
be transported safely, securely and comfortably. Transportation must be
appropriate for the animals’ biological needs and must not compromise animal
health or welfare.
Animals must
be in good health and fit for the intended journey. The only exception to this
requirement is when the animal is being transported to a veterinarian for
treatment.
Transport
containers should enable the animal to lie down flat, turn around, stand erect
and stretch with clearance. They should be robust and escape-proof,
sufficiently enclosed to provide a sense of security whilst allowing adequate
ventilation, appropriate temperature and the ability to inspect the animal
during the journey.
Transfer/transporting
guidelines must be researched and apply to all carriage of animals.
Animals must
be provided with sufficient food, water and rest before, during and after the
journey, according to their biological needs.
The
transporters/handlers must be trained and competent in the transport of
companion animals to ensure the health and welfare of the animal. The
transporter is responsible for the care of the animal
Interim Orders
It is not uncommon
for defendants in animal management and welfare prosecutions to challenge
enforcement action, and to appeal court decisions resulting in long and
drawn-out legal proceedings.
I have also
seen the court process dragged out by prosecution authorities (abuse of
process) where there is financial gain in doing so, all prosecutions must meet
a national set of procedural guidelines to ensure just and equitable use of the
courts time.
When this occurs
it is important that the welfare of any seized animals can be appropriately
provided for while the matter is before the courts. Often in cases involving
puppy farms the number of animals seized and the ongoing veterinary treatment
and care required can result in the incursion of significant costs.
State and
territory animal management and welfare legislation must provide mechanisms for
the relevant prosecuting agency to apply for orders with respect to the ongoing
ownership of the animals, the costs associated with the ongoing care of the
animals, and prohibiting the defendant(s) from continuing to engage in the
business of puppy farming while the matter is before the courts.
Any party
that is found to abuse the court system as either a defendant or prosecutor
ought to be responsible for all costs orders.
No animals seized
should be killed or adopted out until ownership has been fully debated, the
original owner should be able chose where they are housed and cover the costs
until an outcome has been concluded.
Interim Ownership Orders
Most state
animal welfare Acts already have provisions which allow inspectors to apply to
a magistrate for an order that any seized animal(s) be forfeited (transfer of legal
ownership) to the State while legal proceedings relating to those animals are
still before the courts.
Presently
these orders of forfeiture award the power to deal with the animal in any way
fit, including destruction, changes need to me made to ensure the best services
for the animals, until any legal proceedings are concluded.
In most
cases, such an application will be decided “in the interests of the animal(s)”
concerned. Equivalent provisions should also be inserted into animal management
Acts to allow for such applications to be made following enforcement action
taken by government departments for breaches of breeder licencing obligations,
for instance “non-compliance with mandatory breeder standards”.
Orders
against an animal’s owners ought to allow freedom of choice as to which
authority looks after the animals during the court process, to ensure
transparent cost and support factors.
Interim Prohibition Orders
It is not
uncommon for unscrupulous breeders to continue engaging in the business of
puppy farming while legal proceedings are still before the courts. This puts
further animals at risk and places additional strain on the resources of
enforcement agencies.
Should
further enforcement action be required, Animal welfare and management
legislation should provide for an application to be made to a magistrate for
such defendants to be prohibited from engaging in puppy farming activities
while legal proceedings against them are before the courts.
If the prosecuting
agents case is found wanting, under current animal welfare legislation it is
the minister who is responsible, in such cases the minister ought to find
remedy in the courts against said authority.
Contracts
between the minister, appointed inspectors or their employing agency’s must be available
for public scrutiny.
Monitoring and Enforcement
In recent
times there have been many issues with the RSPCA’s awarded powers of
prosecution, which appear to have no procedural checks and balances, the RSPCA
indeed have the Experience to police animal welfare legislation, but
prosecution practices may be best left to Police services.
Monitoring
and enforcement operations for any new legislative agenda, best be shared
between local government animal management officers and state and territory
RSPCA inspectors.
A targeted
inspections regime that consists of both proactive routine (yet unannounced)
inspections, and a reactive inspections strategy that responds to identified data
discrepancies and complaints from the general public, should be developed
between the relevant government authorities who are empowered to do so by
animal welfare legislation reforms.
Prosecutions
must be kept in line with community expectations and best practice; this would
be best achieved by the development of a nationwide set of Compliance
Prosecution and Enforcement Policies.
Said
guidelines could be in line with the present Department of Agriculture policy
in WA, to ensure openness and transparency, consistency and public interest
criteria, and any contractual agreements between government and corporate
entity’s empowered by animal welfare legislation, Must be made public as should
any Compliance, Enforcement and
Prosecution policy.
Intent;
In recent
years while doing an over view of current animal welfare legislation in most
states, it has become relevant to debate animal abuse cases in relation to
intention, presently animal welfare legislation in terms of recent litigation,
uses wording that is open to misrepresentation and misunderstanding..
Failure to
mitigate harm, has been a charge laid on carers, where the animal in question
came into their care with existing medical or behavioral conditions, the lack
of the inclusion of the intention has seen many carers face unwarranted
charges, creating even more reason for improved prosecution guidelines.
Support
services, improved education and animal welfare orders are a much more
pro-active approach to ensure the best interests of the animals and their
carers is paramount.
Overview;
Support for
those who care for or rescue companion animals or in fact native animals is
very limited, as are their protections.
Improved and
understandable regulatory reforms are long overdue, to ensure animal welfare
standards are kept up with community expectations across the board.
QUESTIONS ALSO RAISED;
The ability of people to purchase entire animals, I suggest an application for a permit through the regulatory authority.
Working dogs and animals used in rural locations.
Kill rates in shelters and the use of Behavioral issues to excuse kill rates.
Genuine financial reporting of government funded charity's and rescue groups.
The need for an ombudsman to address complaints against entities and inspectors empowered under animal welfare legislation
We have a
long way to come to bring animal welfare protections up to meet the
expectations of the community at large. Educated debate is the only way
forward, which is best served by community forums with a view to legislative
reform.
I am only an
amateur, but every little step in the right direction is a good step.
Mark
Aldridge
Community
advocate & animal and civil rights lobbyist
Legislative
reform “Puppy Farms” & Animal welfare…..questions raised.
Legislation
needs to define; what is a puppy farm?
·
Over 10
fertile females to be classed as a puppy farm, and registered accordingly?
·
Under 4
fertile females to be accessed as a private breeder?
·
Limitations
to how many litters a female may have, in line with best practices.
·
Legislation
must cover exercise, health concerns, and socialisation
·
Veterinarian
reports of all fertile females on a yearly basis
Registration of all breeders
through council permits, and the award of a licence.
All
advertisements need to include the breeders licence number.
All animals
put for sale are to carry a microchip, said chip to identify the breeder, the
blood line and the animal’s details.
Any pet
stores wishing to sell animals, to display the breeders full details, licence
number and the animal’s identification numbers.
All licenced
breeders to allow on the spot inspections by council officers or licensed
inspectors.
The sale of
private animals will also be required to include the identifying number of the
animal (microchip)
On-line
access to all ID numbers and corresponding details of the animal
Legislative reforms to the Animal
welfare Act;
To ensure
abuse cases adopt a guide to ensure intent of the person in custody of any
animal.
That all
prosecutions abide by a code of practice “in line with community expectations”
The
application of changes to ensure timely and equitable prosecutions.
Animals
forfeitured by the courts, to be given to an authorised shelter of the previous
owner’s choice.
Changes to
define ownership, custody and control issues
Intentional abuse:
Intentional abuse to be met with increased penalties including up to 7 years
jail.
My views;
It is
important to note that while we debate the way forward, specifically with
measures to address the breeding of dogs, the legislative framework proposed
should also apply equally to the breeding of cats.
I would
recommend that state and territory governments include the breeding of cats in
any legislative reforms
I would
recommend that responsibility for the administration and enforcement of these
initiatives be shared between state and territory departments of local
councils, and state and Territory divisions of the RSPCA, in the case of the
RSPCA litigation must include debate in relation to prosecution and procedural guidelines.
I note that
a number of states are already engaging in legislative reforms that will give effect
to many of the strategies proposed. It is important that such amendments are
nationally consistent) to prevent regulatory “black holes” which may undermine
efforts to address.
Trace-ability
The ability
to trace the origin of puppies to their mothers and breeders is crucial for
facilitating appropriate regulation and transparency in dog breeding
activities. It will provide local government with a cost-effective mechanism
for auditing and monitoring breeders to ensure they are complying with their statutory
obligations.
It will also
give prospective dog owners the reassurance they are seeking to ensure they do
not contribute to the perpetuation of unscrupulous puppy farming/breeding
operations.
Registration of breeders
All people
who wish to engage in breeding dogs should be required to register as a dog breeder
with their local council. The application of this requirement should be broad
and apply to any person who wishes to keep more than one entire dogs regardless
of whether that person has a stated intention to engage in breeding.
Different
registration requirements can of course apply to individuals seeking to
register two breeding dogs, as opposed to those seeking registration for the operation
of a larger scale commercial breeding establishment, which may consist of 4 or
more breeding dogs.
All
registration details should be collated in a state-based breeder register
maintained by the administering authority, in this case it may be best to have
the data base managed by local councils.
Members of
the public should be able to search the register to ensure the accuracy of the
breeder registration number provided by a breeder.
State and
territory animal management legislation should be amended to provide for these
requirements and the associated registration procedure.
The
legislation should make compliance with a prescribed breeding standard a
condition of registration, with an accompanying regular inspections regime to
verify compliance.
Microchipping
State and
territory animal management legislation should provide for a requirement to
microchip puppies before they reach say “12 weeks of age” and prior to their
sale or transfer.
The legislation
should also require the information recorded on the microchip database to
include the microchip ID number for the puppy’s mother, and the breeder’s
registration number.
The process
of recording such information should be prescribed in legislation and include
requirements for the owner to provide evidence of the accuracy of the details
to be recorded.
Such
evidence may include the provision of a driver’s licence or other personal
identification, and registration certificate for the breeder bitch for
instance. The microchip database should be licensed and regulated by the
responsible authority.
To enable
effective monitoring and enforcement, microchip databases should have a
mechanism for recognizing maximum numbers of puppies that can be recorded to
any one breeding bitch or breeder registration number, to again ensure accountability.
For
instance, if a breeder is registered as having two entire females, the maximum number
of pups that can be linked to that breeder’s registration number within one
year may be set at say an educated number.
If the
maximum number is exceeded this should be flagged in the microchip database and
an automated notification sent to the relevant local government authority. A
local government officer could then contact the breeder to establish the reason
for exceeding the prescribed limit and conduct further investigation if
necessary.
Disclosure of breeder
registration number
The animal
management legislation should also impose a requirement for the breeder
registration number to be displayed at the point of sale and in all
advertisements for a puppy. This would enable a prospective dog owner to search
the relevant breeder register to ensure the breeder number is legitimate.
Breeder Standards
Each state
and territory should adopt mandatory standards for the breeding of dogs under
their animal welfare legislation. Compliance with the standards should also be
made a condition of registration as a breeder. Breaching the standards could
therefore attract punitive penalties under animal welfare legislation, and
revocation of the breeder’s registration at law.
To ensure
the welfare of breeding dogs, the breeder standards should include the following
key welfare standards. Breeder standards should be informed by the five
freedoms and ensure the animals’ physiological, behavioral and social needs
are met.
Exercise and socialization
Daily
opportunities to exercise, play, explore and socialize are necessary to
maintain the mental and physical health of animals. Exercise and socialization must be sufficient to meet the animals’ behavioral, physiological and social
needs.
These same
standards should also be applied to shelters and organisations like the RSPCA
and AWL.
Animals must
be provided with opportunities to socialize not only with their peers, but also
humans in a secure environment on a daily basis. The exercise area must be an
additional and separate area to the area where the animal is normally housed.
In addition,
opportunities to exercise in a secure outdoor area with natural lighting must
be provided daily.
Staff / animal ratios for
breeders
The ratio of
staff to animals must be sufficient to ensure that each individual animal’s
physiological, behavioural and social needs are met and that a high standard of
care is provided.
Animal
shelters and pounds should offer similar practice models.
Housing
Housing must
meet the physiological, behavioral and social needs of the breeding animals
and their offspring. Housing facilities must be designed and maintained to
provide a clean, comfortable and safe environment.
The housing
space should be as large as possible. At a minimum, the housing area must provide
sufficient space to allow animals to walk around freely without obstruction,
and to sleep and eat away from areas where they defecate.
In addition,
housing should be designed to make use of natural lighting and to provide
animals with access to outdoor enclosures. Animals should be housed as
appropriate for the individual animal, individually or in compatible groups.
Housing
standards must cover aspects including temperature, ventilation, clean air,
noise, light, spaces, drainage and security etc.
Animals in
non-kill shelters MUST be allowed to be housed in larger enclosures that offer
greater room to move, and ought to be allowed to have areas that are not concreted.
Breeding Management
Breeding
animals must be physically healthy, free of disease and inherited disorders.
Prior to using an animal for breeding, the breeder must consult with a
registered veterinarian to determine whether the animal is suitable for
breeding.
If deemed
suitable, the breeder must develop an appropriate breeding management program
for each individual breeding animal based on veterinary advice.
Breeding
animals must have reached full physical development (maturity) prior to breeding
based on veterinary advice.
Breeders
must screen potential breeding animals under veterinary advice for health
problems (inherited disorders, genetic defects and exaggerated physical
features) and behavioral problems. If such problems are detected the animal
should be excluded from breeding.
Breeding
mates must not be closely related to each other.
Where an
animal exhibits or produces offspring with an inherited disorder or characteristic
that has been identified as compromising the animal’s quality of life, health
or welfare, that animal should be excluded from breeding and should be de-sexed.
Any animal that does not meet with the requirements
to breed, must be either provided with a high standard of housing and care at
the breeder facility or re-homed to a suitable carer. These animals should not
be euthanized unless it is deemed necessary and in the best interests of the
animal by a veterinarian.
The breeder
must not euthanasia/cull healthy offspring simply because they do not conform
to a ‘breed standard’, to ensure compliance all births and deaths should be
covered in a yearly report.
Veterinary and General Care
Veterinary
care and general care (e.g. grooming, parasite control etc) must be provided as
required to ensure the health and welfare of the animal, as found in present
animal welfare legislation
All animals
in shelters or breeding facilities must be checked every day and receive
appropriate and sufficient food and water.
If an animal
displays signs of illness or injury, veterinary care must be provided
immediately. Euthanasia of all companion animals, must only be performed by a
veterinarian.
Retirement and re-homing policy
Retired
breeding animals, animals that are unable to breed or animals that are
unsuitable for breeding, should be de-sexed and either provided with a high
standard of housing and care at the breeder facility or re-homed to a suitable
carer or re-homing facility.
Any unsold
or returned animals must be provided with a high standard of housing and care
at the breeder facility either permanently or until they can be re-homed to a
suitable carer or re-homing facility.
Transfer/transport of animals
Animals must
be transported safely, securely and comfortably. Transportation must be
appropriate for the animals’ biological needs and must not compromise animal
health or welfare.
Animals must
be in good health and fit for the intended journey. The only exception to this
requirement is when the animal is being transported to a veterinarian for
treatment.
Transport
containers should enable the animal to lie down flat, turn around, stand erect
and stretch with clearance. They should be robust and escape-proof,
sufficiently enclosed to provide a sense of security whilst allowing adequate
ventilation, appropriate temperature and the ability to inspect the animal
during the journey.
Transfer/transporting
guidelines must be researched and apply to all carriage of animals.
Animals must
be provided with sufficient food, water and rest before, during and after the
journey, according to their biological needs.
The
transporters/handlers must be trained and competent in the transport of
companion animals to ensure the health and welfare of the animal. The
transporter is responsible for the care of the animal
Interim Orders
It is not
uncommon for defendants in animal management and welfare prosecutions to
challenge enforcement action, and to appeal court decisions resulting in long
and drawn-out legal proceedings.
I have also
seen the court process dragged out by prosecution authorities (abuse of
process) where there is financial gain in doing so, all prosecutions must meet
a national set of procedural guidelines, and to be debated in future documents.
When this
occurs it is important that the welfare of any seized animals can be
appropriately provided for while the matter is before the courts. Often in
cases involving puppy farms the number of animals seized and the ongoing
veterinary treatment and care required can result in the incursion of
significant costs.
State and
territory animal management and welfare legislation must provide mechanisms for
the relevant prosecuting agency to apply for orders with respect to the ongoing
ownership of the animals, the costs associated with the ongoing care of the
animals, and prohibiting the defendant(s) from continuing to engage in the
business of puppy farming while the matter is before the courts.
Any party
that is found to abuse the court system as either a defendant or prosecutor
ought to be responsible for all costs orders.
Interim Ownership Orders
Most state
animal welfare Acts already have provisions which allow inspectors to apply to
a magistrate for an order that any seized animal(s) be forfeited (transfer of
legal ownership) to the State while legal proceedings relating to those animals
are still before the courts.
Presently
these orders of forfeiture award the power to deal with the animal in any way
fit, including destruction, changes need to me made to ensure the best services
for the animals, until any legal proceedings are concluded.
In most
cases, such an application will be decided “in the interests of the animal(s)”
concerned. Equivalent provisions should also be inserted into animal management
Acts to allow for such applications to be made following enforcement action taken
by government departments for breaches of breeder licencing obligations, for
instance “non-compliance with mandatory breeder standards”.
Orders
against an animal’s owners ought to allow freedom of choice as to which
authority looks after the animals during the court process, to ensure
transparent cost and support factors.
Interim Prohibition Orders
It is not
uncommon for unscrupulous breeders to continue engaging in the business of
puppy farming while legal proceedings are still before the courts. This puts
further animals at risk and places additional strain on the resources of
enforcement agencies.
Should
further enforcement action be required. Animal welfare and management
legislation should provide for an application to be made to a magistrate for
such defendants to be prohibited from engaging in puppy farming activities
while legal proceedings against them are before the courts.
If the prosecuting
agents case is found wanting, under current animal welfare legislation it is the
minister who is cope able, in such cases the minister ought to find remedy in
the courts against said authority.
Monitoring and Enforcement
In recent
times there have been many issues with the RSPCA’s awarded powers of prosecution,
which appear to have no procedural checks and balances, the RSPCA indeed have
the Experience to police animal welfare legislation, but prosecution practices
may be best left to Police services.
Monitoring
and enforcement operations for any new legislative agenda, best be shared
between local government animal management officers and state and territory
RSPCA inspectors.
A targeted
inspections regime that consists of both proactive routine (yet unannounced) inspections,
and a reactive inspections strategy that responds to identified data
discrepancies and complaints from the general public, should be developed between
the relevant government authorities who are empowered to do so by animal
welfare legislation reforms.
Prosecutions
must be kept in line with community expectations and best practice; this would
be best achieved by the development of a nationwide set of Compliance
Prosecution and Enforcement Policies.
Said guidelines
could be in line with the present Department of Agriculture policy in WA, to
ensure openness and transparency, consistency and public interest criteria, and
any contractual agreements between government and corporate entity’s empowered
by animal welfare legislation, Must be made public as should any Compliance, Enforcement and Prosecution
policy.
Intent;
In recent
years while doing an over view of current animal welfare legislation in most
states, it has become relevant to debate animal abuse cases in relation to
intention, presently animal welfare legislation in terms of recent litigation,
uses wording that is open to misrepresentation and understanding..
Failure to
mitigate harm, has been a charge laid on carers, where the animal in question
came into their care with existing medical or behavioral conditions, the lack
of the inclusion of the intention has seen many carers face unwarranted
charges, creating even more reason for improved prosecution guidelines.
Support services,
improved education and animal welfare orders are a much more pro-active approach
where intent was in doubt.
We have a
long way to come to bring animal welfare protections up to meet the
expectations of the community at large. Educated debate is the only way
forward, which is best served by community forums with a view to legislative
reform.
I am only an
amateur, but every little step in the right direction is a good step.
Mark
Aldridge
Community
advocate & animal and civil rights lobbyist
Oscars Law, Debra Tranter, Oscars Law reforms, Pets, Animal welfare reform, Oscar, Tranter, Debra Tranter of Oscars law, Puppy farms, stopping puppy farms, animal breeders, Pet shops, Stopping pets shops, Puppies for sale, animal welfare reform, desexing, Non kill shelters, RSPCA, Australian animal welfare, Oscars law Australia, Stopping puppy farms, Animal rights, Animal justice party, Regulating dogs sales, Animal shelters, Mark Aldridge, The Australian Alliance, Kill rates in shelters, Deb Tranter, Oscars laws,