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House of Assembly - Fifty-Second Parliament, Second Session (52-2)
2013-09-11 Daily Xml
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CRIMINAL LAW CONSOLIDATION (PROTECTION FOR WORKING ANIMALS) AMENDMENT BILL

Introduction and First Reading

The Hon. J.R. RAU (Enfield—Deputy Premier, Attorney-General, Minister for Planning, Minister for Industrial Relations, Minister for Business Services and Consumers) (12:06): Obtained leave and introduced a bill for an act to amend the Criminal Law Consolidation Act 1935. Read a first time.

Second Reading

The Hon. J.R. RAU (Enfield—Deputy Premier, Attorney-General, Minister for Planning, Minister for Industrial Relations, Minister for Business Services and Consumers) (12:06): I move:

That this bill be now read a second time.

I seek leave to have the second reading explanation inserted in Hansard without my reading it.

Leave granted.

On 26 August 2013, police dog Koda, a German shepherd, was stabbed while detaining an offender. The injury was life-threatening. Koda was treated by a nearby vet and underwent emergency surgery followed by a period of recovery. A 30 year-old man has been charged with attempted aggravated robbery, four counts of theft, aggravated serious criminal trespass, aggravated assault police, property damage and injuring an animal, being Koda.

There are currently no specific laws in South Australia that target offenders who intentionally harm animals used in law enforcement roles.

The most serious offence available that deals with harm to animals is s 13 of the Animal Welfare Act 1985. It says:

13—Ill treatment of animals

(1) If—

(a) a person ill treats an animal; and

(b) the ill treatment causes the death of, or serious harm to, the animal; and

(c) the person intends to cause, or is reckless about causing, the death of, or serious harm to, the animal, the person is guilty of an offence.

Maximum penalty: $50,000 or imprisonment for 4 years.

On 27 August 2013, the Premier and the Commissioner of Police announced that the Government would propose to Parliament the enactment of a serious criminal offence, punishable by up to 5 years imprisonment, that dealt with harming animals used for law enforcement purposes.

On 28 August 2013, the Premier indicated that there was a case for extending this measure to guide dogs.

The South Australian Police Force currently has 25 dogs and 36 horses.

The Premier and the Commissioner of Police announced that 'The new laws will not only provide more protection for the animals but also deter criminals from targeting them.'

Further, the Premier has stated that 'In addition to any penalty that may be imposed, the Court will also be able to order the person to pay a reasonable amount for the treatment, care, rehabilitation and retraining of the animal.'

The proposed Criminal Law Consolidation (Protection for Working Animals) Amendment Bill 2013 contains the new offence of causing death or serious harm to a working animal by an intentional act. Serious harm is defined in a way that is consistent with the current definition of serious harm as it applies to humans. The applicable maximum penalty will be 5 years imprisonment. The definition of working animal explicitly covers a police dog, a police horse, a guide dog and a correctional services dog. Other working animals can be prescribed by regulation. The public has been invited, via Your SAy, to comment on the proposal generally and further listing in particular.

It is not necessary that, at the time the offence is committed, the offender knows that the animal is a working animal as defined. In almost all cases either the circumstances surrounding the incident or the accoutrements of the animal will make that obvious.

In accordance with the policy announced by the Premier, the Bill provides for an extensive set of court powers to award compensation for various effects of causing the death of or serious harm to a working animal. The extent of the order will be up to the court.

I commend the Bill to Members.

Explanation of Clauses

Part 1—Preliminary

1—Short title

2—Commencement

3—Amendment provisions

These clauses are formal.

Part 2—Amendment of Criminal Law Consolidation Act 1935

4—Insertion of Part 3C

This clause inserts new Part 3C into the principal Act as follows:

Part 3C—Protection for working animals

83H—Interpretation

This clause defines key terms used in the new Part 3C.

83I—Causing death or serious harm etc to working animals

This clause creates an offence for a person to intentionally cause death or serious harm to a working animal. The relevant terms are defined in proposed section 83H. The maximum penalty for an offence is 5 years imprisonment.

The clause sets out circumstances in which the offence does not apply, and makes provision relating to the defences available in respect of the new offence.

83J—Court may order compensation and other costs

This clause allows a court to make orders for compensation for expenses arising out of the harm caused to the working animal (for example, for replacement, retraining, rehousing and similar costs).

83K—Enforcement of order for compensation etc

This clause provides that an amount ordered under new section 83J is enforceable under the Criminal Law (Sentencing) Act 1988.

83L—Evidentiary

This clause allows certain matters relating to an offence to be proved by certificate.

Debate adjourned on motion of Mr Pederick.

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