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INSPECTORS
ANIMAL CRUELTY ACTS
WHAT IS ANIMAL CRUELTY?
Animal cruelty on a basic level includes the following:
- An actual act of cruelty - this includes physically harming an animal with the intention of inflicting pain or distress
- Authorising an act of cruelty
- Failing to exercise reasonable care, control or supervision of an animal to prevent the commission of an act of cruelty upon the animal
- Where pain is being inflicted upon the animal, failing to take such responsible steps as are necessary to alleviate the pain
- Failing to provide veterinary treatment when necessary
Specific acts of cruelty ot omissions are outlined in the Prevention of Cruelty to Animals Act 1979 No 200.
WHAT IS THE LEGAL SYSTEM FOR ANIMAL CRUELTY?
The current legislative framework is the Prevention of Cruelty to Animals Act 1979. Persons who commit offences as outlined in this Act are guilty of an offence and legal action may be taken against them. Types of legal action include but are not limited to:
- Court Attendance Notices - Persons may be summoned by way of a Court Attendance Notice to appear before a court to face a charge of committing an offence under the Act. Similarly Police have the option of formally charging persons with the same result.
- Animals maybe seized from offenders and verbal or written directions to comply with the Act given
- Infringement Notices or 'on the spot fines' may be issued
- Formal warnings or cautions can be issued in cases of a minor nature
WHAT SORT OF PUNISHMENT FOR THOSE WHO HURT ANIMALS?
For the offence of cruelty to animals the current maximum penalty is 250 penalty units in the case of corporation and 50 penalty units or 6 months imprisonment, or both, in the case of an individual. Currently one penalty unit in NSW equates to $110.00.
For the offence of aggravated cruelty to animals the current maximum penalty is 1000 penalty units in the case of a corporation and 200 penalty units or 2 years imprisonment, or both, in the case of an individual.
Recently a new offence has been created under the Crimes Act called 'Serious Animal Cruelty' which raises the maximum imprisonment for serious instances of cruelty to animals to 5 years. This offence is only enforcable by NSW Police.
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