Domestic Animals Act What s in it; why and how will that affect me?

Transcription

1 Domestic Animals Act 1994 What s in it; why and how will that affect me?

2 Why have issues just emerged? Veterinary engagement project

3 History of legislation The Dog Act : A discussion paper, proposing to introduce new legislative controls for the management of dogs and cats 1989: Victorian Social Development Committee held a public inquiry into "The Role and Welfare of Companion Animals in Society" The Committee's report stated they: attempted to balance the rights of those people who wished to own, breed or sell pets, with the rights of all members of the community to "reasonable freedom from nuisance by animals"

4 History of legislation (cont ) These nuisance issues included: dog aggression and attacks in public places, fouling of public places by dog faeces excessive noise from barking dogs or yowling cats, wildlife predation, the spread of zoonotic disease property damage such as dogs upturning rubbish bins or cats digging up gardens other problems included the odour caused by cats spraying, traffic hazards caused by wandering pets, fights between wandering dogs and cats, animals trespassing on private property, and the breeding of unwanted animals. As a result of the report, the Domestic (Feral and Nuisance) Animals Act came into effect in The Bill protected the rights of pet owners, while still addressing community concerns about animal nuisance, by targeting the estimated 20% of pet owners who were irresponsible and the source of more than 90% of complaints to councils.

5 Domestic Animals Legislation Purpose: The purpose of this Act is to promote animal welfare, the responsible ownership of dogs and cats and the protection of the environment by providing for - (a) a scheme to protect the community and the environment from feral and nuisance dogs and cats; and (b) a registration and identification scheme for dogs and cats which recognises and promotes responsible ownership; and (c) the identification and control of dangerous dogs, menacing dogs and restricted breed dogs; and (d) a registration scheme for domestic animal businesses which promotes the maintenance of standards of those businesses; and (f) payments to the Treasurer from fees received by Councils under this Act; and (g) other related matters. (e) matters related to the boarding of dogs and cats; and (ea) the regulation of the permanent identification of dogs, cats, horses and other animals; and

6 Definitions in the legislation Animal shelter: any premises maintained for the purpose of providing shelter to, or finding new homes for, stray, abandoned or unwanted dogs or cats but does not include premises that are part of a community foster care network Board: taking custody or possession of a dog or cat for keeping, accommodation, care, training or feeding for fee or reward Domestic Animal Business (DAB): (a) an animal shelter, Council pound or pet shop; or (b) an enterprise which carries out the breeding of dogs or cats to sell**, where (i) in the case of an enterprise whose proprietor is a member of an applicable organisation, the enterprise has 10 or more fertile female dogs or 10 or more fertile female cats; or (ii) in the case of an enterprise whose proprietor is not a member of an applicable organisation, the enterprise has 3 or more fertile female dogs or 3 or more fertile female cats; or (c) an enterprise that is run for profit which carries out the rearing, training or boarding of dogs or cats Pound: any premises maintained for the purpose of impounding dogs or cats ** sell includes barter or exchange and also agreeing to sell or offering or exposing for sale or keeping or having in possession for sale or sending forwarding delivering or receiving for or on sale or authorizing directing causing suffering permitting or attempting any of such acts or things

7 Definitions in the legislation Pet shop means a shop: (a) situated in a permanent location; and (b) open not less than 5 days a week, excluding a public holiday appointed under the Public Holidays Act 1993; and (c) where a dog, cat, rabbit, guinea pig, mouse, reptile, caged bird or any other similar animal of a class or kind prescribed by the regulations is offered for sale, sold or bought and sold A person must not sell any animal referred to in the definition of pet shop: (a) unless the animal is sold in the course of conducting a domestic animal business in a premises that is registered under Part 4 for that purpose; or (aa) unless the animal is sold in a place that is a private residence; or (b) unless the sale is approved under the Wildlife Act Penalty: In the case of a body corporate, 150 penalty units (up to $21,126 in court); In any other case, 30 penalty units (up to $4,225 in court).

8 Domestic Animal Businesses must comply with the relevant mandatory code of practice

9 How might the laws apply to a vet? Are you providing shelter to, or finding new homes for, stray, abandoned or unwanted dogs or cats? If YES your options are: Register as the relevant DAB (shelter) and comply with the mandatory code of practice. Enter into an 84Y agreement with council to sell seized dogs and cats but note strict conditions on sale. Become part of a community foster care network but note strict conditions on sale (fact sheets available on community foster care) Cease the activity. Are you boarding of dogs or cats, for reasons other than veterinary care or holding a seized dog or cat? If YES your options are: Register as a boarding DAB (where the business is run for profit to provide overnight, daycare or homecare boarding) and comply with the mandatory code of practice. Cease the activity. Are you selling** dogs and cats or rabbits, guinea pigs, mice, reptiles or caged bird? If YES your options are: Register as the relevant DAB (petshop) and comply with the mandatory code of practice. Cease the activity Are you holding on to a dog or cat until the owner is found? (presented to clinic for scanning as found) ** remember definition of sell

10 Definitions in the legislation Owner: owner in respect of a dog or cat, includes a person who keeps or harbours the animal or has the animal in his or her care for the time being whether the animal is at large or in confinement;

11 How might these laws apply to a vet? Vets scanning and accepting lost pets Pros for return: owner happy and so may become customer or stay customer no fine for owner animal returned home quickly Cons: risk of fine for owner if accept animal, you must deliver to up to council as soon as practical risk if dog had just attacked then returned to owner risk if animal returned to wrong owner (divorce/old details) see notes on owner risk if dog was a dangerous dog owner escapes fine and taking responsibility for; numerous escapes/ unregistered animal /attack /faeces on grass /rubbish spread /barking /caterwauling /spraying on door step /rushing at people Community do not see it as a favour as the owner was never held responsible Solution: Do not accept animal Offer up to council as soon as practical 84Y agreement

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13 What laws** are there for pet owners and how does that help? Registration at 3 months of age, dog or cat to wear identification marker if off property Microchip pet before registration Dog/cat can be seized if on private property Dogs and cats required to be confined to property (and not in certain areas) Offence to train dog to attack or set a dog to attack Penalty for various levels of dog attack/rush Dog or cat cannot create a nuisance Dog can be declared dangerous/menacing or Restricted breed Legal link to ownership/reunification see what registration pays for Reunification (esp if no collar) and accountability of owner is required A person can remove the animal from the property Decrease risk of rush/attack out of home and nuisance behaviours Public protection Accountability Public protection Public protection ** incomplete list paraphrased see DAA for full details

14 But there are other laws**??? Councils can also make orders under the Act AND local laws in relation to: Mandatory desexing at time of registration Cat confinement order (cat curfew) Number of dogs or cats that can be kept on premises Prohibiting the keeping of dogs or cats in a specified area of the municipal district where threatened native fauna are at risk or in a public place Impose conditions as to the means of restraint of dogs and cats, times which they can be present or other conditions Requiring owners of dogs to remove and dispose of faeces deposited by dogs in public places ** there are 79 local councils so you need to check

15 It s all just revenue isn t it? Yes registration and fines collected by council (for pets) pay for: A council identification marker and a Lost and found service Authorised Animal Management Officers and their vehicles Council response to calls about wandering dogs or dog attacks The removal of aggressive dogs from the streets Council services to deal with nuisance problems like barking dogs, cat trespass, etc Council control of dangerous, menacing and restricted breed dogs Council monitoring of domestic animal businesses Activities to encourage dog owners to pick up dog faeces in public places. This may include education, fines, or providing bins and/or scoop facilities in parks. Signs for dog on-leash and off-leash areas, and patrols by officers Education on how to be a responsible pet owner. This may include the publication of brochures, pet expos, microchip events, promotions etc. Programs to subsidise the de-sexing of pets Council collects a levy on top of registration for the State Government. The levy funds: Free education program for schools, kindergartens, maternal child heath centres and antenatal hospital programs Research into dog and cat welfare and control issues Council Officer training and support Stakeholder engagement programs Management of the Domestic Animals Act

16 What is an 84Y agreement? An 84Y agreement is an agreement in writing between a council with a person or body for the person or body to carry out the following in accordance with the Act: (a) seize any dog or cat found: on private property without permission; outside the premises of their owner or not securely confined to the owner's premises; and/or on public or private places specified by council to prohibit the presence of dogs or cats; (b) retain the custody of any seized dog or cat; (c) sell or destroy any seized dog or cat; Under an 84Y(ca) agreement Council can give a seized dog or cat to a community foster care network on the condition that the dog or cat is desexed and microchipped prior to being given to the network. 84Y(cb) allows a council to enter into an agreement with a person or body to allow them to give a seized dog or cat to an animal shelter.

17 Moving forward BAW recognises the value of vets, in promoting responsible pet ownership. Quantum Research recently found that pet owners consider vets to be one of their most trusted sources of information. The Bureau of Animal Welfare is working to facilitate greater communication with the Victorian veterinary community. The Bureau is developing a range of resources for veterinarians. Resources will include responsible pet ownership publications for clients, a veterinary toolkit, and possibly also courses which would attract continuing education points.

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19 Thank you Dr. Stephen Tate Director Bureau of Animal Welfare Tracy Helman Manager of Domestic Animal Legislation Steven Moore Licensing and Audit Officer Deb Morrison Local Government Liaison Officer Dr. Mariko Lauber Project Officer Neva Gladman Project Officer Lily Petreska Office manager