Key Points
- In Australia, animals are protected by state and territory laws
- Animal neglect and abandonment is a criminal offence
- Penalties include fines and jail terms
- Native animals have special protections
Caring for animals is the law
Australia is a nation of animal lovers, with one of the highest pet ownership rates in the world. The country is home to unique native wildlife.
Australia's animal welfare laws are regulated by the states and territories under various animal welfare Acts.
They all prohibit causing physical and mental harm to animals, says Dr Sarah Zito, Senior Scientific Officer for companion animals with the Royal Society for the Prevention of Cruelty to Animals, more commonly known as .
Many jurisdictions have additional animal welfare legislation so that owners have a duty of care.
“Duty of care means that the person in charge must ensure that the animal has appropriate food and water, that they have appropriate living conditions and that any harm to the animal is prevented or mitigated,” says Dr Zito.
Duty of care also applies when caring for someone else’s animal in your home or vehicle.Dr Sarah Zito, Senior Scientific Officer for companion animals- RSPCA Australia.
Legally, animal owners must provide prompt and appropriate preventative and veterinary care.
It must also be ensured that the animal can express natural behaviours and that they’re handled in a way that is appropriate to the species.
Those in charge of an animal include the legal owner, someone who has custody or control of the animal, or the owner of a breeding facility or kennel, for example.
Neglecting or abandoning an animal in our care is a serious offence.
Source: Getty Images/John McKeen
What are puppy and kitten farms?
Puppy and kitten farms are intensive businesses in which animals are housed, bred and sold for profit.
Animals bred for aesthetic features, such as flat-faced dogs, frequently suffer from major health issues.
Many assume that these farms are banned in Australia, but breeders can obtain a licence.
“Some states are moving forward in restricting the number of animals that can be bred on a single premises,” says Laura Weyman-Jones, spokesperson for People for the Ethical Treatment of Animals () Australia.
“Victoria is probably leading the way at the moment.”
It's generally better to adopt from a rescue group. Even healthy pets in rescue centres can be euthanised if they can’t find homes.
Do native animals have rights?
The government regulates how we can interact with wild and Australian native animals, says Tara Ward, volunteer Principal Solicitor with the Animal Defenders Office.
“That’s in addition to the general animal welfare laws that apply to all animals.”
It’s a criminal offence to take or harm most native animals unless you have a government-issued licence.Tara Ward, volunteer Principal Solicitor-Animal Defenders Office.
Some endangered species have added protections.
Injured wallaby at a wildlife hospital Source: James D. Morgan/Getty Images
Can you keep native animals as pets?
It is not permitted to take a native animal and keep it as a pet due to the protection of endangered species and welfare concerns. Wild animals can become stressed through human handling.
Depending on , however, you may keep native animals as pets if you acquire a licence. Some birds and lizards don’t require a licence.
The laws in most areas do allow us to take an injured native animal to a vet or a wildlife carer.
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What are the penalties?
Just as the laws differ from state to state, so do the for both deliberate acts of cruelty and negligence.
Jail terms can be up to seven years under the Animal Welfare and the Prevention of Cruelty to Animals Acts.
Fines for ‘aggravated animal cruelty’ can amount to over $200,000 or over $1 million for a corporation.
Reporting animal cruelty
If you see someone causing harm to any animal, including neglect or abandonment, contact the relevant authority. In most cases, this is the , which is present in each state and territory.
Your details remain confidential.
If an animal is in immediate danger, such as locked in a hot car, you should contact the police.
Report sick, injured or orphaned native animals to the Wildlife Rescue Australia 24-hour hotline: 1300 596 457.