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House of Assembly - Fifty-Fifth Parliament, First Session (55-1)
2024-10-29 Daily Xml
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Bills

Animal Welfare Bill

Second Reading

Adjourned debate on second reading.

(Continued from 11 September 2024.)

Mr COWDREY (Colton) (17:35): I rise today as the lead speaker for the opposition in regard to the bill before us today, the Animal Welfare Bill, and in doing so place on the record the opposition's position in regard to this bill, particularly at first instance, that we will not be opposing the passage of the bill through this place.

Given the nature of the bill, and the significant volume and changes that are being made through this bill, it is our belief that we should ensure that we have the appropriate level of scrutiny in regard to the significant changes and that there be a reasonably significant committee process to tease out some of the issues that have been raised both through stakeholder consultation and more broadly through the operation of the bill. Particularly in the context that a significant portion of the potential operational issues in regard to this bill are largely going to be borne out through regulation rather than legislation, I think it is imperative to have a good and clear understanding for the house as to the purpose and underlying reasoning that sits behind the particular clauses, providing the house an opportunity to scrutinise regulations when they are made under this potential future act.

In regard to my contribution more broadly on the bill, the minister stated in her introduction to the bill that this was one of the commitments the government made, to modernise animal welfare laws and to bring them into a manner that is more consistent with contemporary practices, science and community expectation. While I understand that there has been significant community interest in the review—at times I think the minister has used the number of more than 1,000 submissions received as part of the two-stage consultation process that has informed the bill—I think that is a good thing, that there is such significant interest in these reforms, but, again, I think there are still some questions to be asked and some issues to be teased out further through the committee process.

It is also important to note that the bill willlead the nation in some areas. In particular, certainly it has become clear that there is a view from this government that penalties are going to lead the nation in regard to animal welfare and, more broadly, if we look at the Dog and Cat Management Board and other reforms that are potentially entering this place, the disincentive of significant financial penalties are at the forefront of some of the government's thinking in regard to this area.

In regard to the particular issues that this bill deals with, there were seven key reform areas that were identified through the process. Regarding the eighth area of reform around shelter licensing, the government has made a decision not to progress it as part of this bill and will signpost it, at least to the parliament, that they will progress with that more discrete reform in relation to shelter licensing at some stage in the next 12 months. Perhaps we can get some further details as to when the parliament can expect that reform as well and why that particular aspect of the reform is not included in such a significant bill that we see before us that has outlined the other seven areas that were identified through consultation. To outline the areas of the bill they touch on, they include:

updating the purpose and including objects in the act to better explain why the law exists and to help readers interpret its intent;

better recognising animal sentience to acknowledge that animals experience feelings, both positive, such as pleasure, and negative, such as pain and fear;

broadening the definition of 'animal' so that more types of animals are covered by law—the exclusion of fish has been removed and cephalopods such as squid, octopus and cuttlefish are included in the context of scientific purposes;

introducing a duty of care provision to create a positive requirement to provide a minimum level of protection;

in the government's view, improving regulation, oversight and transparency of the research and teaching sectors, which enables greater accountability and addresses community concern;

increased abilities to administer and enforce the act so that people who do not meet animal welfare requirements can be held to account and that cruelty can ultimately be prevented and welfare promoted; and

contemporising the government's administrative provisions for the Animal Welfare Advisory Committee to ensure that animal welfare advice comes from a transparent and diverse group.

The government also says that this bill does a range of things to provide that reform as outlined. It does so through introducing a new framework with a multitude of improvements that puts animal welfare at the centre of decision-making. It also states that animals are recognised as living beings with the ability to experience positive and negative states. A broader range of animals were included in the definition so that law has a wider reach in protecting animal welfare and preventing harm. The bill introduces a new duty of care that proactively obliges owners to provide food, water and appropriate living conditions.

The bill also seeks to provide greater accountability within the research and teaching sectors, which will be introduced through updated terminology and improved licensing and registration requirements. The bill also for the first time creates an animal welfare fund to capture licence fees, fines and penalties that can be put back into supporting and promoting animal welfare outcomes. I think it will be no surprise to the minister that we are keen to understand exactly what the purposes of that fund are, how those funds can be expended and how the licensing fees associated will be collected and under what timeframe and, more broadly, the operation of that particular section.

Some of the enforcement tools included within the bill include seizure as a consequence of noncompliance. The seizure of animals is never undertaken lightly, as everybody can understand, but it also needs to be used when required for the welfare of the animal. Under the changes proposed, the ongoing welfare of the seized animal is a priority.

The bill also proposes that, instead of seized animals being held for long periods of time while waiting for court outcomes, sometimes for years as noted by the minister in her second reading speech, the bill proposes and provides for the animal to be considered forfeited after 30 days unless the owner uses the appeal processes that are provided under the bill.

The bill also proactively prevents harm by addressing interstate offenders coming into South Australia through the recognition of interstate animal welfare orders. Additionally, the government has incorporated a recommendation from the Independent Inquiry into the Governance of the Greyhound Racing Industry within this bill.

Rightfully, I think the minister acknowledged in her second reading speech that perhaps some members of this place may feel cautious that the bill expands the definition of 'animal' to include fish and cephalopods, such as cuttlefish, squid and octopus for scientific purposes. I hope that we can take her on her word that the house can have assurance that the fishing and aquaculture industries will not be impacted or affected in any way whatsoever. I think there will be some questions in the committee stage to ensure that that specific carve out operates in a way that does exclude the activity that so many in our community undertake for pleasure on quite a regular occasion.

I know there are many jetties both in my electorate and more broadly around the state. Members opposite are chuckling a little bit. I think there is a jetty down the Minister for Human Services' way, so I am sure that she likewise would be seeking an assurance that fishing will be continued in her neck of the woods as well.

As I said earlier in this speech, I do have some concerns with the significant reliance on regulation, regulations that have not yet been drafted or presented in any way, shape or form to the opposition or for consultation, as I understand it, more broadly with other stakeholders in relation to the bill. As I said, those regulations will sway the operational effect of many of the aspects that are contained in the bill.

I look forward to a useful committee process where we will look to interrogate the bill clause by clause in more detail to ascertain as best we can and provide as much information for the house in regard to how the government proposes the practical operation of how a number of these issues will play out on a day-to-day basis and how things like the fund will be used, distributed and have funds collected.

With those short words, I again state the opposition's position in regard to the bill, that we will not be opposing the passage of the bill through this house, but of course we do reserve the right to draft some amendments to the bill for presentation in the upper house, based on the information that is obtained through the committee process.

Ms HUTCHESSON (Waite) (17:46): I rise today in support of the Animal Welfare Bill 2024. It is a piece of legislation that will replace the Animal Welfare Act 1985, and it represents a significant step forward in modernising our animal welfare laws, aligning them with contemporary practices, scientific understanding and community expectations. Our government made a clear election commitment to update our animal welfare laws, and I am proud to say that we are delivering on that promise.

The journey to this moment has been marked by extensive community engagement. Through two rounds of consultation we received over 1,000 submissions each time, demonstrating the deep interest and concern our citizens have for animal welfare. This bill addresses seven key areas for reform. First, we are updating the purpose and including objects in the act to better explain why the law exists and help readers interpret this intent.

Second, we are better recognising animal sentience, acknowledging that animals experience both positive and negative feelings. My dog Bowdee is a perfect example. When I come home late, she is there to greet me with a massive smile on her face. When it is time for a walk, she literally dances, smiling and so very excited about what is coming. On the flip side, when I am putting my runners on and have to break it to her that I am off to the gym rather than a walk, her attitude is real. When my son is out late, both the cat and the dog worry about him and will sit at the front door until he comes home safe. They most definitely experience both positive and negative feelings.

Third, we are broadening the definition of 'animal' to include species under the law's protection. Notably, the exclusion of fish has been removed, and cephalopods such as squid, octopus and cuttlefish are now included in the context of scientific purposes. How good are our giant cuttlefish that inhabit the seas near Whyalla? These chameleons of the sea are one of the largest species of cuttlefish found, reaching up to 60 centimetres in length and weighing up to 5 kilos. They are intelligent creatures, able to change their colour, shape and texture as they move along the seabed to imitate rocks, sand and seaweed.

These giant sea creatures are already protected in the area, with the targeting and taking of all cephalopod species—that is, squid, cuttlefish and octopus—being prohibited at all times in the cephalopod exclusion zone in the waters of False Bay, Spencer Gulf near Whyalla. The targeting and taking of cuttlefish species, including giant Australian cuttlefish, is prohibited at all times in the Upper Spencer Gulf in the waters north of the line between Arno Bay and Wallaroo. These animals will now be protected more broadly in the context of scientific purposes. Fishing and aquaculture practices, however, will not be affected. These activities will continue to be regulated under the Fisheries Management Act 2007 and the Aquaculture Act 2001.

We are also introducing a duty of care provision, creating a positive requirement for owners to provide a minimum level of protection for their animals. If you are going to provide a home for an animal, it should be a loving one. You need to take care of them, nurture them and protect them from harm. They trust you with their lives and it is our responsibility to do good by them. The new duty of care provision proactively obliges owners to provide appropriate food, water and living conditions, and I am pleased to report that eight out of 10 respondents supported this provision during our consultation process.

We are also improving regulation oversight and transparency in the research and teaching sector, enabling greater accountability and addressing community concerns. This includes updated terminology and improved licensing and registration requirements. We are also increasing our ability to administer and enforce the act, ensuring that those who do not meet animal welfare requirements can be held accountable, cruelty can be prevented and welfare can be promoted. Lastly, we are modernising the governance and administrative provisions for the Animal Welfare Advisory Committee, ensuring that animal welfare advice comes from a transparent and diverse group.

This bill provides a new framework that puts animal welfare at the centre of decision-making. Furthermore, the bill creates, for the first time, an Animal Welfare Fund to capture licence fees, fines and penalties that can be reinvested in supporting and promoting animal welfare outcomes. The range of enforcement tools available in this legislation will make its implementation much more effective, swift and animal-focused. Tools such as interim orders, notices to comply and enforceable undertakings are modern ways to achieve outcomes tailored to specific circumstances.

I want to highlight the significant increases in penalties for animal welfare offences. The bill includes fines of up to $250,000 or 10 years in jail for people who mistreat animals, a substantial increase from the current maximum fine of $50,000 or four years in jail for aggravated ill-treatment of an animal. This change follows extensive community consultation which showed widespread support for stronger penalties. To support these changes, the 2024-25 state budget has provided an extra $16.4 million over four years to the RSPCA to deliver animal welfare compliance activities. This is in addition to the $1 million provided to the organisation over four years by our government upon its election.

We have seen terrible things in the media about the mistreatment of greyhounds, such that we established the Independent Inquiry into the Governance of the Greyhound Racing Industry. Recommendations from this review have been incorporated into this bill, including animal welfare reporting obligations for employees, contractors and volunteers in the sector to report any suspicions of animal welfare offences. We are also bringing the provisions known as Koda's law to this legislation, recognising that harming or causing death to a working animal is a specific offence with penalties commensurate to other ill-treatment offences.

This bill represents a significant leap forward for animal welfare in South Australia. It reflects our community's values and expectations, provides stronger tools for enforcement and puts animal welfare at the centre of our decision-making. It presents a robust framework that will be of immediate use in responding to animal welfare issues and anticipates potential future regulatory needs.

Our community is blessed to live in an incredible part of the state, with national parks and recreational areas brimming with wildlife. Almost every home owner has a dog or a cat or both. I know that they would do anything to protect their animals and I am glad that these protections will be in place for those who do not value the joy animals can bring. I commend the Animal Welfare Bill to the house.

Debate adjourned on motion of Ms Thompson.

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