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Animal Law Guide,New South Wales,youngLAWYERS,The Law Society of New South Wales. Animal Law Committee,The Law Society of New South Wales. New South Wales Young Lawyers,Animal Law Committee 2010. A project of the NSW Young Lawyers Animal Law Committee. This guide is available for students and self represented litigants at. http www lawsociety com au resources reports handbooksandguides index htm. This publication is designed as a guide to provide general legal information only This. publication does not provide legal advice, The Law Society of New South Wales on behalf of itself and any other person involved. in the production of the contents of this publication disclaims any liability for direct. indirect or consequential loss arising in connection with the use of the contents of this. publication or reliance on those contents by any person whether used in the original. form or altered in some way by the user, The Law Society of New South Wales gives no warranties nor makes any representation.
in respect of the contents of this publication,ISBN 978 0 9756002 9 0. Copyright NSW Young Lawyers Animal Law Committee, Cover art Copyright Christine Townend Reproduced with permission. Cover design by fisheye design, Typeset by The Federation Press Pty Ltd Sydney NSW. Printed by Ligare Pty Ltd Riverwood NSW,Table of Contents. Acknowledgments v,1 The Legal Framework in New South Wales 1.
2 Animals and Cruelty 2,3 General Requirements for Animal Ownership 5. 4 Nuisance Animals 8,5 Dangerous and Restricted Dogs 10. 6 Animals and Injury 14,7 Pets and Property 17,8 Assistance Animals 21. 9 Pets and Wills 23,10 Pets and Family Law 28,Legislation 31. Useful Contacts and Resources 32,Glossary 33,Acknowledgments.
The Animal Law Committee is a volunteer organisation which operates. under the umbrella of New South Wales Young Lawyers NSW Young. Lawyers exists under the auspices of the New South Wales Law Society. Committee members are drawn from practitioners who are under the. age of 36 within their first five years of practice and all law students. The would like to thank the following people and organisations who. very kindly and graciously donated their time effort and resources into. the immense task of authoring editing reviewing designing publish. ing and launching of the Guide, Animal Law Committee members including in alphabetical order. Amy Alrawi Zuleika Duncombe Bitna Kim Lauren McHugh. Stephen Lee Ruth Pollard Angela Radich Daniella Rostirolla. Rasha Skybey and Edyta Zurawski, Ms Celeste Black Associate Dean Learning Teaching Faculty of. Law University of Sydney,Ms Christine Townend,The Federation Press. The Honourable Michael Kirby AC CMG,New South Wales Young Lawyers. Production of this publication has been proudly sponsored by. The Federation Press www federationpress com au,The Legal Framework in.
New South Wales, Within New South Wales there are a number of legislative tools which. aid in the regulation and management of animals and animal welfare. The two most important and comprehensive regulatory frameworks. are the Prevention of Cruelty to Animals Act1 and the Companion Animals. The Prevention of Cruelty to Animals Act provides for the protection of. animals and deems certain acts as offences which are punishable by. fines and imprisonment This Act covers a vast majority of animals. within New South Wales although there are a number of exceptions. particularly relating to various procedures carried out on livestock. animals used for human consumption and animals used in research 3. none of which has been included in this Guide On the other hand. the Companion Animals Act regulates the management and welfare of. companion animals such as domestic pets, There are also a number of other Acts that concern animals For example. the Animal Research Act4 governs the use of animals in research and. teaching and establishes independent bodies to oversee and regulate. the use of animals for such purposes The Exhibited Animals Protection. Act5 governs the exhibition of vertebrate animals in establishments such. as zoos aquariums and circuses 6, References to animals can also be found both directly and indirectly in. other miscellaneous legislation for example traffic legislation which. provides for the safe transportation of animals within vehicles. A full list of the legislation referenced in this book is found on page 31. 1 Prevention of Cruelty to Animals Act 1979 NSW herein referred to at POCTA. 2 Companion Animals Act 1998 NSW herein referred to as CAA. 3 CAA s 24 This section lists a number of defences such as castrating certain. livestock at specified ages ear marking stock animals and mulesing sheep. under 12 months of age, 4 Animal Research Act 1995 NSW which incorporates the National Health and. Medical Research Council s Australian Code of Practice for the Care and Use of. Animals for Scientific Purposes 7th Edition 2004, 5 Exhibited Animals Protection Act 1986 NSW herein referred to as EAPA.
6 EAPA s 5,Animals and Cruelty,What is cruelty, The Prevention of Cruelty to Animals Act defines an animal as a member. of a vertebrate species including any amphibian bird fish mammal. apart from humans reptile and crustacean but only when being used. for food preparation or when offered for consumption 1. The Act specifically states that it aims to,a prevent cruelty to animals and. b promote the welfare of animals by requiring a person in charge. of an animal to,i provide care for the animal,ii treat the animal in a humane manner and. iii ensure the welfare of the animal 2, The Act states that a person shall not commit an act of cruelty authorise. such an act or fail to take reasonable care to prevent an act of cruelty. fail to take steps to alleviate pain where cruelty is being inflicted and. where necessary provide veterinary treatment 3 An act of cruelty is. defined as an act or omission as a consequence of which an animal is. unnecessarily or unjustifiably, a beaten kicked killed wounded pinioned mutilated maimed.
abused tormented tortured terrified or infuriated,b overloaded over driven or over used. c exposed to excessive heat or cold or,d inflicted with pain 4. 1 POCTA s 4,2 POCTA s 3,3 POCTA s 5,4 POCTA s 4 2,Animals and Cruelty. It is clear that under the Act a number of acts or omissions are prohib. ited due to their nature including,abandoning an animal 5. poisoning an animal 6,animal baiting 7,bull fighting and trap shooting 8 and.
docking tails and cropping ears de barking dogs de clawing cats. or branding the face of an animal 9, The Act also requires certain things to be done including. providing animals with food and water 10, exercising confined animals although there are significant excep. tions including stock animals 11 and, reporting injuries to animals caused whilst driving 12. An act of aggravated cruelty is defined as an act of cruelty the author. isation of such an act or the failure to take reasonable care to prevent. an act of cruelty take steps to alleviate pain where cruelty is being. inflicted and where necessary provide veterinary treatment which. results in the death deformity or serious disablement of the animal or. the animal being so severely injured so diseased or in such a physical. condition that it is cruel to keep it alive 13, The Act is criminal in nature and sets penalties including fines. and imprisonment for its contravention For example the offence of. abandoning an animal can carry a penalty of up to 50 penalty units. to a maximum fine of 5 500 14 and or 6 months imprisonment. for an individual 15 poisoning an animal can carry a penalty of up. to 200 penalty units to a maximum fine of 22 500 and or 2 years. 5 POCTA s 11,6 POCTA s 15,7 POCTA s 18,8 POCTA s 18A.
9 POCTA s 12 1,10 POCTA s 8,11 POCTA s 9,12 POCTA s 14. 13 POCTA s 4 3, 14 The Crimes Sentencing Procedure Act 1999 NSW currently sets the rate at 110. per penalty unit,15 POCTA s 11,Animals and Cruelty. imprisonment 16 RSPCA Inspectors charged with the duty of investigat. ing alleged breaches of and enforcement of the Act have wide powers. to search enter premises examine and seize animals 17. It should be noted that the way in which an animal is transported. may cause significant concerns about its welfare In New South Wales. for example the Act contains an offence relating to driving with an. unrestrained animal including carrying dogs on open utes without. a restraint as this may unreasonably unnecessarily or unjustifiably. inflicts pain upon the animal 18 Such an act is punishable by a penalty. of up to 50 penalty units calculated at 110 per penalty unit to a. maximum fine of 5 500 under the Act and or 6 months imprison. ment 19 Additionally due to concerns for both animal and human safety. it is a traffic offence to drive with an animal on your lap or to ride. a motorcycle with an animal on the petrol tank These offences are. punishable by hefty fines and carry a 3 or 4 demerit point penalty with. a higher penalty if the offence occurs in a school zone 20. 16 POCTA s 15,17 POCTA Pt 2A Div 2,18 POCTA s 7,19 POCTA s 7. 20 Road Rules 2008 NSW r 297 1A 3 see also Road Transport Driver Licensing. Regulation 2008 NSW Sch 2 r 297 1A 3,General Requirements for.
Animal Ownership,I would like a pet What laws should I be aware of. Australia has one of the highest rates of pet ownership in the world 1 To. ensure the safety and wellbeing of the whole community the Companion. Animals Act regulates the responsible ownership of companion animals. in New South Wales, The Act sets down the following main requirements for pet owners. Dogs and cats must be implanted with a microchip from the time. they are 12 weeks of age at the point of sale or change of owner. ship whichever occurs first 2 and must be registered with the local. Council by 6 months of age 3, Dog owners must take all reasonable precautions to prevent the dog. from escaping from the property in which it is being kept 4 For the. purposes of this requirement owner includes any person who is. for the time being in charge of the dog 5, Cats are prohibited from food preparation and consumption areas. and from all wildlife protection areas 6, Dogs with the exception of assistance animals 7 are prohibited from.
the following areas whether or not they are leashed or otherwise. controlled 8,a children s play areas, b food preparation consumption areas although it should be. noted that recent amendments to the Act now permit pet. 1 NSW Government Department of Local Government Companion Animals. home page http www dlg nsw gov au dlg dlghome dlg InformationIndex. asp areaindex CA index 301 mi 9 herein referred to as Companion. Animals home page,4 CAA s 12A,5 CAA s 12A,6 CAA s 30 1. 7 CAA s 8 8,8 CAA s 14,General Requirements for Animal Ownership. owners to take their pets to outdoor caf s provided that the. caf owner allows this the animal is restrained unless it is. a designated off leash area remains on the ground in the. outdoor area at all times and is not fed 9, c recreation areas where dogs are expressly prohibited. d public bathing areas where dogs are expressly prohibited. e school grounds child care centres, f shopping areas where dogs are expressly prohibited and.
g wildlife protection areas where dogs are expressly. prohibited, When in public places dogs must wear collars identifying the. dog s name and address or phone number of the dog s owner 10 The. animal must also be attached to an adequate chain cord or leash but. is exempt if being exhibited at a show engaging in obedience trials. secured in a cage or vehicle or is in an approved off leash area 11. Greyhounds must at all times have a muzzle securely fixed when. in a public place 12 There are also specific requirements regarding. dangerous and restricted dogs in public see page 11. Dog owners must pick up and dispose of the dog s faeces. immediately 13, No person may have more than four dogs under his her control at. any one time in any public area 14,9 CAA s 14A,10 CAA s 12 1. 11 CAA s 13 1,12 CAA s 15,13 CAA s 20,14 CAA s 13 4 5 a. General Requirements for Animal Ownership,What happens if my animal goes to the pound.
Any animal that is found must be either returned to the owner or. taken to the local council pound or any approved premises as soon as. possible and the owner must be notified as soon as possible 15 A stray. or injured animal can be taken to an approved premises such as the. local vet However if the animal is not claimed within 72 hours that. premises is obliged to hand the animal to the local pound 16. Unclaimed or surrendered animals can be sold or destroyed by the. pound after 14 days but if there is no owner or the owner cannot be. identified then the number of days is reduced to 7 17 Councils can. determine any fees and charges that they wish to charge in relation to. the seizure and sale of an animal Councils cannot sell dangerous or. restricted breed dogs 18, If an animal is surrendered by the owners then the animal can be sold. or destroyed at any time 19 The Council however has a duty under the. Act to consider whether there is an alternative action and if practicable. ing and launching of the Guide Animal Law Committee members including in alphabetical order Amylrawi A Zuleika Duncombe Bitna Kim Lauren McHugh Stephen Lee Ruth Pollard Angela Radich Daniella Rostirolla Rasha Skybey and Edyta Zurawski Ms Celeste Black Associate Dean Learning amp Teaching Faculty of Law University of Sydney Ms Christine Townend The Federation

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