20 years of the Domestic Animals Act 1994 Bureau of Animal Welfare Steve Moore
Repeal of the Dog Act 1970 • Registration of dogs • Public protection legislation • Offences for at large, attacks and nuisance • Breed specific legislation – German Shepherds – Greyhounds • Cats not identified in this Act
Legislative amendments process • Idea • Consultation/debate/discussion • Proposed Bill at Parliament • Parliament debates • Passed by Parliament • New law in Victoria
Stakeholders • Government [policy makers] • Department [administrators] • Councils [implementation] • RSPCA [enforcement/lobby group] • Industry [domestic animal business] • Lobby groups [interest groups] • Community [expectations]
Your role as a stakeholder • Depends on your focus:- • Education • Implementation • Enforcement
Legislative change • Domestic (Feral and Nuisance) Animals Act 1994 :- • Repealed the Dog Act 1970 • Introduced cat registration and identification • Introduced power to declare dogs dangerous • Introduced power to make Codes of Practice • Boarding requirements for dogs and cats • Subordinate Regulations
Domestic Animals Act 1994 • The purpose of the DAA:- • Promote animal welfare • Promote responsible pet ownership • Protection of the environment
Domestic Animals Act 1994 • Purpose achieved through:- • Registration and identification of dogs and cats • Identification and control of declared dogs • Registration domestic animal business [DAB] • Minimum standards for DABs • Matters related to boarding dogs/cats [liens] • Regulation of microchips • Payments to Treasurer
Legislative instruments • Regulations [declared dog collars, enclosures, signs and microchip provisions] • Codes of practice [DABs] • RBD Standard • Council Orders [desexing, restraint in public, etc] • Governor in Council Orders [Guide Dogs, etc] • Secretarial Orders [Prescribed qualifications]
Hierarchy of Legislation Prevention of Cruelty Domestic Animals Act Planning and Local Government to Animals Act 1986 1994 (DAA) Environment Act 1987 Act 1989 (POCTAA) Planning and Domestic Animals POCTA Regulations Environment Regulations 2005 2008 Regulations 2005 Mandatory Codes of Council orders Codes of Practice Council local laws Practice Responsible breeding of animals with 6 mandatory Codes of Planning permits heritable defects that Practice cause disease Tethering animals Others
Significant Dog Attacks Dog Act 1970- Domestic Animals Act (DFNA) 1996 - 1996 RBD Destruction RBD Introduced 2001 and prohibition of Development registration 2007 Dog Attack Public of DFNA Places Pilot 2000 LG Benchmark begins 1988 begins 2003 DD Bill 2010 DD Declaration tools 1996 RBD Panel 2003 1990 1993 1996 1999 2002 2005 2008 2011 AMO seminars LG Pro Dog Safety Mass /website 2003 Manual 2006 Media 1998 RPO Primary RPO Kinder We are Family Begins 2000 Begins 2004 Begins 2008
Legislative change • Domestic (Feral and Nuisance) Animals (Amendment) Act 2000 :- • Simplify trespass by dogs and cats • Introduce menacing declaration • Regulate DABs conducted by Councils • Introduce search warrants for certain offences
Legislative change • Animal Legislation (Responsible Ownership) Act 2001 :- • Introduce restricted breed dog declaration • Controls for restricted breed dogs • Ministerial Review Panel
Legislative change • Animal Legislation (Animal Welfare) Act 2003 :- • Introduce laws for microchip implantation • Introduce licensing of Domestic Animal Registries • Appointment of contracted Authorised Officers • Court orders
Legislative change • Primary Industries Legislation (Further Miscellaneous Amendments) Act 2004 :- • Dogs and cats to be registered at 3 months • Register for declared dogs [VDDR] • Court can cancel DAB registration
Legislative change • Primary Industries Acts (Amendment) Act 2005 :- • Microchipping of menacing dogs • Power to seize cats not wearing identification in public places • Power to destroy dogs where owners cannot be located
Legislative change • Primary Industries Acts (Further Amendment) Act 2005 :- • Introduce desexing/microchipping Orders • DAB must microchip dogs and cats before sale • Prohibition on registration of RBDs • Pounds and shelters must accept surrendered dogs and cats • Requirement for Council to establish a domestic animal management plan
Legislative change • Animals Legislation Amendment (Animal Care) Act 2007 :- • Rename the D(FN)A to DAA • Introduce horse microchip regulations • Reference to ‘conviction’ removed from offences • Rewrite of seizure and recovery powers
Legislative change • Primary Industries Legislation Amendment Act 2009 :- • Separation of owner and person in apparent control in dog attack offences • Power for Courts to declare a dog menacing after an attack • Power to serve infringements for certain dog attack offences
Legislative change • Domestic Animals Amendment (Dangerous Dogs) Act 2010 :- • RBD amnesty • VCAT review RBD appeals • Definition of “desexing” • Powers of destruction of dogs in certain circumstances
Legislative change • Domestic Animals Amendment (Restricted Breeds) Act 2011 :- • Limitation of registration of RBDs • Crimes and Domestic Animals Acts Amendment (Offences and Penalties) Act 2011 :- • Offences for declared dogs attacking a person
Legislative change • Domestic Animals Amendment (Puppy Farm Enforcement and Other Matters) Act 2011 :- • Increase in penalties for non-compliant domestic animal business • New seizure powers from unregistered DABs • New Court Orders • Definition “Community Foster Care Network” • Establish the Animal Welfare Fund
Legislative change • Primary Industries Legislation Amendment Act 2012 :- • Written veterinary reasons regarding exemption from Council desexing Orders • Age for ownership of a dog or cat increased from 17 to 18 years of age • Removal of reduced fee for microchipping
Domestic Animals Act 1994 • Purpose of the DAA:- • Promote animal welfare • Promote responsible pet ownership • Protection of the environment
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