NSW Legislated Enforcement Bodies –Animal Welfare…
NSW has 3 enforcement bodies approved to enforce the Prevention of Cruelty to Animals Act 1979 (POCTA Act):
Royal Society for the Prevention of Cruelty to Animals (RSPCA)
Animal Welfare League (AWL)
NSW Police
These enforcement bodies are authorised to conduct inspections that are either triggered by a welfare complaint or a regulated check of Code of Practice compliance.
Your Rights if an Inspector Presents to your Property
Most Inspectors will arrive unannounced. If their timing is not suitable to you e.g. you have a medical appointment to attend,or you’re about to go to work, or collect or drop off children etc. advise that you will need them to come back at a mutually convenient time. Get the Inspector’s details and make an appointment
Inspectors can enter your property and out-buildings, but without your consent or a warrant (issued in serious animal welfare matters), they cannot come into your home
You can have a friend or relative be with you during the conduct of an audit
You can ask questions of the Inspector
You do not have to answer all or some of the Inspector’s questions but you are encouraged to be polite and co-operate
You can record the audit/inspection BUT you must ask the Inspector for consent
You can ask that the audit/inspection not be recorded (enforcement bodies are permitted to record video and audio)
What do you need to do to prepare?
Ensure you have read and understand the Animal WelfareCode of Practice for Breeding Dogs and Cats ‘Standards’ requirements
Have a minimum of the last 3 years of records available for viewing
Records must cover:
Full details and description of all dogs on the premises; all dogs need to be easily identified
Vaccination, worming, flea/tick/mite control, heartworm preventative, pest control on property, whelping details, breeding details, puppy records, rehoming details, details of leased dogs, neutering/desexing details
Evacuation plan
Vet details
Feeding guide/diet particulars
Veterinary treatments
Veterinary reports
The AWCOP references in 2.2 that:“It applies to the welfare of dogs and cats which are involved in the business of breeding and raising puppies and kittens”.
Neutered dogs do not fall under that category
Ensure adequate facilities for the housing of dogs, providing:
Pen sizes meeting minimum Standard at the least
Sufficient bedding for all dogs
Clean, dry environment
***It should be noted that the RSPCA Chief Inspector Scott Meyers has recently (16-12-2020) advised DOGS NSW that as long as boundary fencing meets the 1.8m height requirement OR that dog pens or housing is inside a building or shed that can securely confine the dogs, pen heights of less than 1.8m within those areas would meet compliance.
***PLEASE HAVE A COPY OF THE ANIMAL WELFARE CODE OF PRACTICE FOR BREEDING DOGS AND CATS (AWCOP) WITH YOU DURING AN AUDIT/INSPECTION