20 years of the Domestic Animals Act 1994 Bureau of Animal Welfare - - PowerPoint PPT Presentation

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• Repealed the Dog Act 1970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

Planning and Environment Act 1987 Planning permits Planning and Environment Regulations 2005 Local Government Act 1989 Council local laws Domestic Animals Act 1994 (DAA) Mandatory Codes of Practice 6 mandatory Codes of Practice Council orders Domestic Animals Regulations 2005 Prevention of Cruelty to Animals Act 1986 (POCTAA) Codes of Practice Responsible breeding

• f animals with

heritable defects that cause disease Tethering animals Others POCTA Regulations 2008

1990 1993 1996 1999 2002 2005 2008 2011

Development

• f DFNA

begins 1988

Dog Act 1970- 1996 Domestic Animals Act (DFNA) 1996 -

RBD Introduced 2001 RPO Primary Begins 2000 RPO Kinder Begins 2004 We are Family Begins 2008

Dog Safety Mass Media 1998 Dog Attack Public Places Pilot 2000

AMO seminars /website 2003

DD Bill 2010

LG Pro Manual 2006

DD Declaration tools 1996

LG Benchmark begins 2003

RBD Panel 2003 RBD Destruction and prohibition of registration 2007

Significant Dog Attacks

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
• ffences
• 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