DISCLAIMER This presentation is provided for the purposes

DISCLAIMER This presentation is provided for the purposes of general information and education, and is not intended as specific legal advice on any matter. If you or your client’s have a legal problem you should consult a lawyer. To the extent permissible by law, the Northern Rivers Community Legal Centre disclaims all liability for any detriment arising from reliance upon this publication.

Animal Law & Education Project Purpose To assist the Northern Rivers community to access legal advice and representation to advance animal welfare through the legal system, and engage in law reform and community education activities to improve the legal protections for animals. Objectives • Act as a referral service to pro-bono legal assistance • Assist in the development of law and policy reform to better protect animals • Raise awareness and educate the public about animal welfare legal issues via community education, promotional activities, workshops • Raise awareness among the legal profession about animal interest issues • Increase understanding in the community of the legal avenues available to further protect animals • Maintain up-to-date knowledge on animal interest issues, projects and the law • Operate with a holistic approach to animal welfare legal issues and not represent the views of one particular group • Effectively respond to the diversity of the Northern Rivers community

Companion Animals & The Law There are two main pieces of legislation that relate to Companion Animals: Prevention of Cruelty to Animals Act 1979 (NSW) Companion Animals Act 1998 (NSW) They mandate minimum responsibilities of pet owners.

Model Codes of Practice • These are drafted by animal industries and are usually “best practice” rather than legally enforceable • Compliance with the Model Code will usually b a defence to a charge of animal cruelty

More than just legal obligations

We are failing our pets • The NSW RSPCA receives over 15, 000 complaints of animal cruelty each year • Tens of thousands of unwanted dogs and cats are euthanased each year

The Prevention of Cruelty to Animals Act (1979) NSW stipulates that Confined animals must be exercised (1 http: //pets 8 care. blogspot. com. au/

What is adequate exercise? s 9 Confined animals to be exercised • (1) A person in charge of an animal which is confined shall not fail to provide the animal with adequate exercise. Maximum penalty: 250 penalty units in the case of a corporation and 50 penalty units or imprisonment for 6 months, or both, in the case of an individual. • (2) In any proceedings for an offence against subsection (1), evidence that an animal referred to in that subsection was not released from confinement during a period of 24 hours is evidence that the person accused of the offence has failed to provide the animal with adequate exercise during that period. • (3) A person in charge of an animal (other than a stock animal) shall not confine the animal in a cage of which the height, length or breadth is insufficient to allow the animal a reasonable opportunity for adequate exercise. Maximum penalty: 250 penalty units in the case of a corporation or 50 penalty units or imprisonment for 6 months, or both, in the case of an individual.

Victoria: Code Of Practice For The Private Keeping Of Dogs, Appendix 4: Minimum enclosure sizes for housing per adult dog Height of dog Min area (Sq. m) Min width (cm) Min height (cm) 70 cm & above 15 240 180 40 – 70 cm 10 180 less than 40 cm 7 120 180

In Victoria, there is a Code of Practice for Tethering Animals. No such luck for NSW dogs unless they are working dogs.

s 8 Animals to be provided with food, drink or shelter • (1) A person in charge of an animal shall not fail to provide the animal with food, drink or shelter, or any of them, which, in each case, is proper and sufficient and which it is reasonably practicable in the circumstances for the person to provide. Maximum penalty: 250 penalty units in the case of a corporation and 50 penalty units or imprisonment for 6 months, or both, in the case of an individual. • (2) In any proceedings for an offence against subsection (1), evidence that an animal was not provided with clean water during a period of 24 hours is evidence that the person accused of the offence has failed to provide the animal with proper and sufficient drink during that period. • (3) In any proceedings for an offence against subsection (1), evidence that an animal was not provided with food or shelter during a period of 24 hours (or, in the case of an animal of a class prescribed by the regulations, during the period prescribed for that class of animal) is evidence that the person accused of the offence has failed to provide the animal with proper and sufficient food or shelter during that period.

https: //www. google. com. au/search? hl=en&site=imghp&tbm=isch&source=hp&biw=1366&bih=622 &q=amber+horse+cruelty&oq=amber+horse+cruelty&gs_l=img. 12

: The Companion Animals Act 1998 (NSW) details the responsibilities of owners of companion animals. The requirements in this Act also aim to help protect native birds and animals by regulating the behaviour of companion animals.