Page 1086 - Week 04 - Tuesday, 5 April 2016
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MS FITZHARRIS (Molonglo—Minister for Higher Education, Training and Research, Minister for Transport and Municipal Services and Assistant Minister for Health) (12.13), in reply: I thank members for their contributions today and thank both the Canberra Liberals and Mr Rattenbury for their support, and, in particular, Mr Rattenbury for initiating this very important work in his previous role as Minister for Territory and Municipal Services.
The bill we have debated today represents the government’s ongoing commitment to targeted and evidence-based legislative reform. By removing barriers to effective action and animal welfare and protection, the bill also delivers on the government’s promise to reduce red tape. The bill continues the important reforms achieved by the Animal Welfare (Factory Farming) Amendment Act 2013 and the Domestic Animals (Breeding) Legislation Amendment Act 2015. These reforms ensure the protection of very vulnerable animals by outlawing certain types of factory farming practices and the intensive breeding of dogs and cats in the territory.
With this bill, the government expresses the core concept of animal welfare and reflects the five freedoms which represent the leading thought in animal welfare. These freedoms are: freedom from hunger and thirst; freedom from discomfort; freedom from pain, injury or disease; freedom to express normal behaviour; and freedom from fear and distress. All these are reflected in the bill through a definition of “cruelty” at new section 6A and a duty to care for an animal at new section 6B.
Section 6A provides that cruelty in relation to an animal includes causing pain that is unjustifiable, unnecessary or unreasonable in the circumstances; beating that causes pain; abusing, terrifying or tormenting; and injuring or wounding that is unjustifiable, unnecessary or unreasonable in the circumstances. This clearly defined list will allow the court to make an objective assessment about alleged conduct.
The previous absence of a definition in the existing cruelty provisions requires the court to make a subjective assessment of intention. The amended provision gives the court a series of actions to contemplate. These will operate in addition to the existing provisions and the new duty to care.
New section 6B provides that a person in charge of an animal has a duty to care for it. Specifically, the person in charge of an animal commits an offence if that person fails to take reasonable steps to provide the animal with: appropriate food or water; shelter and accommodation; opportunity to display behaviour that is normal for that animal; treatment for illness, disease and injury; or if the person abandons the animal.
I have explained the need to correct the operation of the existing neglect offence in the act. The current act does not criminalise neglect. Under the existing provision, neglect is only an offence if the neglect causes an animal pain. This is not an acceptable outcome and does not reflect the community’s expectation that people who keep or care for animals will ensure they are properly treated.
The duty to care for an animal will require an owner to provide for their animal’s basic needs having regard to the species, environment and circumstances of the
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