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Legislative Council - Fifty-Third Parliament, Second Session (53-2)
2015-05-12 Daily Xml
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Animal Welfare (Live Baiting) Amendment Bill

Second Reading

Adjourned debate on second reading.

(Continued from 7 May 2015.)

The Hon. K.L. VINCENT (15:55): I do not intend to make a lengthy contribution on this bill, and that is mostly because I think my track record in this place will indicate what is probably predictable support for this bill. I understand from a briefing I have received from the minister's office, and from further research that I myself have done, that live baiting is already illegal under the existing animal welfare legislation in this state. The intent of this bill is merely to attempt to close some further loopholes to make it absolutely clear that this practice is illegal and inhumane and that we as a community do not and will not tolerate the archaic practice of live baiting.

It is important to put on the record that it is my understanding that this particular bill has the support of both Greyhound Racing SA and the RSPCA, which is important because I do not think it would surprise many people to know that those two organisations would have very different views on a lot of things, but the fact that they have managed to come together in an accountable and mature way on this issue shows how important it is. It is important that we as a parliament reflect community views on this issue and make sure that that good work does not go to waste. Therefore, I support the bill.

The Hon. T.T. NGO (15:58): I will briefly speak to this bill. I am happy that there seems to be a significant amount of consensus reached on the need to stamp out live baiting through this bill. I place on the record my acknowledgment of the work the Hon. Michelle Lensink has put into this matter. I am aware that the honourable member has a private member's bill on the Notice Paper on this very issue, and I know that she is very passionate about animal welfare.

It is important, however, to briefly note some of the important progress the government's bill has made from the opposition's bill. That private member's bill required the licensing of training facilities. This had the potential of pushing this practice into the back paddock, where it would be even harder to detect. This is why the government has introduced this bill after significant consultation, and it contains recommendations of the RSPCA and Greyhound Racing SA.

It was important for the government to work in a considered and measured approach with Greyhound Racing SA, rather than being seen to be working against it. This is important to note, given that there are no reported examples of live baiting occurring in South Australia, and Greyhound Racing SA has been very public in expressing its disgust at the live baiting practice.

By working with the industry rather than responding inadequately through moral panic, the government has been able to pursue important reforms with Greyhound Racing SA, which would have always been necessary to administer the harsher penalties contained in this bill. Greyhound Racing SA chief executive Matt Corby says Greyhound Racing SA has bolstered its resources. I quote:

'We're in the process of recruiting one additional full-time staff with two more to come,' he said. 'We're training our staff in the use of aerial drones to inspect larger properties.

We have significantly elevated our inspection rate of properties, so within our powers we're doing everything we can.

We take some comfort from the fact we haven't found any evidence (the practice is occurring)—we're trying to make sure the possibility of that is reduced to zero.'

I suspect we are seeing these outcomes from the industry because the government has worked constructively with it. The opposition's approach would have been to penalise, perhaps unintentionally, the industry, even though there have been no known cases of live baiting in South Australia.

While the industry has been quiet about the licensing requirements required in the opposition's bill, I would hazard a guess that concern would have arisen at the potential cost to the industry of having to establish and maintain a licensing register. As we know, it does not stop the potential for rogue elements to continue the practice. The education and support provided by the industry to its participants will do much more to manage the problem.

We were all left disgusted with what was shown on the Four Corners show. It is easy to rush legislation when wanting to fix the matter. However, it is vital to draft legislation which is measured and considered and will actually have a positive practical effect on the industry. The industry in SA has suffered unwelcome publicity. It is important that we do not rush into decisions that may have long-term negative impacts on the industry.

Some of the important measures this bill will cover include organising, promoting and/or allowing a prohibited activity, as well as knowingly providing an animal or thing for a prohibited activity. Some of these prohibited activities include:

releasing an animal from captivity for the purpose of the animal being hunted or killed;

selling or supplying the fighting animal or the bait; and

keeping or preparing an animal to be bait or an animal to fight or hunt.

It is also an offence to be present at a place where any of these offences I have explained are occurring. I, like many South Australians, was left deeply disgusted at the images of defenceless piglets, rabbits and possums being left to the mercy of greyhounds. This bill has my full support because the government has widely consulted with the industry.

The Hon. I.K. HUNTER (Minister for Sustainability, Environment and Conservation, Minister for Water and the River Murray, Minister for Climate Change) (16:04): I think it is safe for me to rise and close the debate at this stage. I would like to thank all honourable members for their careful consideration and indications of support for this bill. From their contributions, it is clear that all of us are as shocked as I was at the footage of small defenceless animals being used as lures to so-called 'train' greyhounds.

While the Four Corners program did not show any greyhound trainer in South Australia using these methods, I think it is incumbent on us to understand that an absence of evidence does not mean the action has not been happening, as much as we might hope it hasn't. We do need to work together to design measures to provide assurances that this disgusting practice will not occur here into the future, and I am very pleased with the support offered by the chamber for this legislation.

I would like to acknowledge, as other members have done, the contributions that Greyhound Racing SA and the RSPCA have made in developing this bill. It shows a very mature approach on behalf of both organisations that they could work together in common cause but, again, I think that is an indication of how shocking the footage was and how both organisations knew that they needed to come together to work on this solution.

I would also like to thank minister Bignell in the other place for working with us and driving part of this change. Together with officers from my department and his, we have cooperatively and quickly provided some agreed recommendations from the RSPCA and Greyhound Racing SA which formed the basis of these amendments and provided comments on a draft version of the bill through its developmental stages. I again say that the fact we could act so quickly is a credit to both these organisations. Their willingness to come together to solve a problem together with government reflects well on them. I look forward to them working more closely together on other issues that they have in terms of animal welfare.

If anything good has come out of the revelation of live baiting in the Eastern States, it is the development of the strengthened relationship between these two organisations, the RSPCA and Greyhound Racing SA. They are communicating more than ever before, and I am very hopeful that this relationship will develop further into the future, as I said. I thank members for their constructive comments and look forward to passing this bill.

Bill read a second time.

Committee Stage

In committee.

Clause 1.

The Hon. J.M.A. LENSINK: I might seek some responses from the minister, if that is appropriate. I note that the bill is not a lengthy bill and really addresses some of the animal cruelty penalties. In setting up new penalties, it is going to make it easier for the relevant authorities, being the RSPCA and SAPOL, to take matters to prosecution. However, I think one of the most important aspects of this, which is outside of the legislation, is the fact that we are going to have improved protocols between the RSPCA and GRSA to enable linkages to be made in relation to potential cruel practices.

This is all very well while we have the current personnel who have been through this particular crisis and who understand the depth of feeling, but it does not necessarily mean that into the future the same vigilance is going to continue. I wonder if the minister can comment on how he sees that the vigilance into the future will continue once the relevant personnel who are working in those particular organisations may have moved on to other positions.

The Hon. I.K. HUNTER: I thank the honourable member for her most excellent question. In fact, she is quite right: the provisions in the bill do go to those issues of increasing fines and creating aggravated offences. The key component in terms of those provisions that will be enacted outside of the legislation, if you like, really go to changes to the racing code. It is not just reliant on individual passions to make sure the racing industry is cleaned up, so to speak; it is actually to make changes to the racing code and the licensing provisions under the code so that, should members of the greyhound racing association transgress those code changes, they will be dealt with very severely, to the point of potentially losing their licence to race.

So, these are the things we will be watching very closely. These are things that Greyhound Racing and the RSPCA have been working on together, and we will be asking Greyhound Racing to expedite those changes to the code. Should there be a change down the track in terms of personnel who have been part of this process and lived through this process, that code will enshrine the expectations on trainers in the industry and, again, should they transgress those, they run the very real risk of losing their licence.

I understand that GRSA have written to me today about how they will work with the RSPCA into the future. As I have said, they have given me the indications I was after to change their racing code to make those changes permanent.

The Hon. J.M.A. LENSINK: I thank the minister for that explanation. In relation to the code, I did, when this issue first arose, download and print off one of their particular codes of practice. I am wondering whether the minister can give a commitment to go back to GRSA to request that they ensure that their code is kept up to date and is publicly available at all times, because I think that level of transparency is going to be very important for anyone who may see something they think is suspicious and may wish to report it. I think that ensuring that, into the future, that information is publicly available at all times and current is pretty important.

The Hon. I.K. HUNTER: I am very happy to take the Hon. Michelle Lensink's advice to the greyhound racing association; I think that is prudent. I will write to them and pass on that information and request.

Clause passed.

Remaining clauses (2 to 5) and title passed.

Bill reported without amendment.

Third Reading

The Hon. I.K. HUNTER (Minister for Sustainability, Environment and Conservation, Minister for Water and the River Murray, Minister for Climate Change) (16:13): I move:

That this bill be now read a third time.

Bill read a third time and passed.

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