Increased penalties and improved court orders passed by parliament…

A message from the NSW Chief Animal Welfare Officer

In June 2021, NSW Parliament passed the Prevention of Cruelty to Animals Amendment Act 2021 which made several important changes to the Prevention of Cruelty to Animals Act 1979 (POCTA).

What are the changes?

The changes increase maximum financial penalties and gaol time for significant animal welfare offences including cruelty, aggravated cruelty and failing to provide food, drink or shelter. These penalties are now some of the highest in Australia.  

The changes also expand the range of tools available to courts to effectively deal with animal welfare cases by introducing interim disqualification orders, as well as making existing POCTA court orders and alternative summons provisions available for the most serious animal cruelty offences. The changes also increase the financial penalty and introduce a gaol term for the offence of failing to comply with a court order under both POCTA and the Crimes Act 1900. 

Additional changes see persons guilty of certain animal cruelty offences under the Crimes Act 1900 automatically prohibited from purchasing, owning or working with an animal, as well as an extension to POCTA’s statutory limitation period and a revised ‘Animal Welfare Code of Practice - Breeding dogs and cats’ published before 31 August 2021. 

Why have the changes been made?

The NSW Government made these changes as an interim step ahead of delivering its commitment to reform the NSW animal welfare legislative framework. The NSW Government will continue to consult with the community as the reforms progress. 

More details on the changes and the full Act can be found here.