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Legislative Council - Fifty-Fourth Parliament, Second Session (54-2)
2020-07-22 Daily Xml
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Statutes Amendment (Animal Welfare Reforms) Bill

Second Reading

Adjourned debate on second reading.

(Continued from 3 June 2020.)

The Hon. I.K. HUNTER (21:48): I rise on behalf of the Labor opposition to make a very brief contribution to the Statutes Amendment (Animal Welfare Reforms) Bill. The opposition supports the proposal by the Hon. Tammy Franks to establish a joint committee to consider and report on the bill. Labor governments have a proud history of animal welfare reform, including the significant revamping of the laws and regulations governing dog and cat management, and I would like to acknowledge the leadership of the former premier, the Hon. Jay Weatherill, in leading these reforms and implementing real change.

In government, Labor introduced new mandatory standards for dog and cat breeders aimed at unscrupulous puppy and kitten farmers in South Australia who operate with little or no consideration for animal welfare. We also worked with local government to implement and develop an online registration system, and we introduced mandatory microchipping, mandatory desexing and breeder registration. These reforms were a significant step forward. Having bedded those down, it is reasonable to consider what further changes can be made now to advance the cause of animal welfare law and protection of companion animals in particular.

After consultation with animal welfare groups, including the RSPCA and the Animal Welfare League, the opposition is pleased to support the establishment of a joint committee to examine how existing laws can be improved upon.

The Hon. C. BONAROS (21:49): I rise to speak briefly in broad support of the Statutes Amendment (Animal Welfare Reforms) Bill 2020, which is to be referred to a joint committee for further examination. I understand that the bill has been developed to respond to the public's demand for more humane and accountable treatment of animals. It is well known that South Australia has the weakest animal welfare laws in the country, and those responsible for enforcing and prosecuting these laws have, over many years, expressed their frustration about their inability to effectively police and address animal cruelty in this state.

As members here would know, we have been strong advocates for increased penalties for those who offend against officers of agencies like the RSPCA, who have none of the protections of police officers, and have advocated also for them to be afforded increased protections in the Criminal Law Consolidation Act. They do remarkable work, and I thank the Hon. Tammy Franks for bringing this bill to parliament, and acknowledge the extensive consultation, research and finessing she and her staff have undertaken to bring this bill to this stage.

I think it is a very smart move to send the bill to a joint committee as the bill is comprehensive. This work has been a long time coming and we certainly need to get it right. The measures in the bill are such that they have a great deal of support in terms of smart sheltering, in terms of reducing the number of dogs and cats that are needlessly euthanised, and in ensuring the rescue organisations are licensed. We do have some minor concerns about the proactive actions to prevent animal cruelty, but I think these can be fully examined by the joint committee.

Just going on in terms of that list, the bill would enable inspectors and the RSPCA to take action to prevent animal cruelty, which they have not really been able to do under the current legislative framework. The RSPCA has long advocated for animal cruelty intervention orders to prevent cruelty to animals, particularly while legal proceedings are ongoing. The bill's provisions, as they currently stand, for a more transparent greyhound racing industry are extraordinarily welcome. Like all Australians, I was horrified to see the abuse of greyhounds in the racing industry exposed in the media, especially the high number of greyhounds abandoned and euthanised when they are of no further value in their industry.

I understand the bill mirrors those in a number of states in America, and results from there have been highly encouraging. I will be interested to see how this bill compares with some of the laws in other jurisdictions, particularly those that have been more effective than ours. With those words, I indicate again our principle support for the bill and look forward to the report of the joint committee.

The Hon. J.M.A. LENSINK (Minister for Human Services) (21:52): I commend the mover of this bill for bringing it forward and seeking to reform various animal welfare laws, including to create a code of conduct and licensing requirements for animal shelters; rehousing services and for animal rescues, including puppy farms; reducing the number of dogs and cats that are euthanised by rescue organisations and shelters; creating the power for magistrates to issue animal cruelty intervention orders; creating provisions relating to the greyhound racing industry, requiring them to submit to various reporting requirements; and become subject to freedom of information requests.

These reforms are aimed at contemporising the standard of animal welfare protections to be consistent with evolving community expectations, in particular around increasing the transparency and accountability of animal shelters and rescue organisations that are largely unregulated at present. They may also deliver improved efficiency, reducing the burden on the judicial system by providing welfare inspectors with an alternative to proceeding to a full prosecution.

I would also like to acknowledge the work of the honourable member in this area, particularly in the last parliament, 2014 to 2018. Ms Franks was very active in the animal welfare space, in particular advocating for what is referred to as 'no kill shelters'. I also acknowledge Mia from the Paw Project, who contacted a number of us in relation to these issues.

I do hold concerns in relation to these areas as well. I think we are all aware from time to time of people who say that they are running animal shelters informally. The potential for hoarding of animals and a range of things I think is something that probably needs to be looked at in this context. Therefore, the government is supporting the referral to a select committee as a sensible way to find a way forward.

The Hon. T.A. FRANKS (21:55): I thank the speakers who have made a contribution to this bill tonight: the Hon. Ian Hunter, the Hon. Connie Bonaros and the Hon. Michelle Lensink. I also thank both minister Speirs and the shadow minister, Susan Close, and minister Speirs' adviser Pia George, who have all been most constructive in working to progress this matter. I note that this bill does indeed seek to have more humane and accountable laws and protections in this state but it does absolutely build on the work that has been done in recent years by many, including former minister Hunter, and I commend him again for that.

I note that this has had some input from the RSPCA, the Animal Welfare League and, quite importantly, from Mia Auckland of the Paw Project. In particular, minister Lensink and the Hon. Connie Bonaros noted that it is based on that Paw Project work and the advocacy that comes from what is called companion animal protection acts in the United States in some jurisdictions, including in our sister city of Austin, Texas.

I thank, in particular, my adviser Malwina Wyra for the enormous amount of work that she has put in to get it to this stage, but I also note that there is an enormous amount of work to come and that there are some concerns about some of the minor details that I think will best served by proper community consultation, ensuring that the voices of the voiceless are indeed heard through the consultation.

Bill read a second time.

The Hon. T.A. FRANKS (21:58): Contingently, on the Statutes Amendment (Animal Welfare Reforms) Bill being read a second time, I seek leave to move contingent notice of motion No. 2 in an amended form.

Leave granted.

The Hon. T.A. FRANKS: I move:

1. That the bill be withdrawn.

2. That, in the opinion of this council, a joint committee be established to consider and report on the Statutes Amendment (Animal Welfare Reforms) Bill 2020.

3. That, in the event of a joint committee being appointed, the Legislative Council be represented thereon by two members who shall also form a quorum of council members necessary to be present at all sittings of the committee.

4. That this council permits the joint committee to authorise the disclosure or publication, as it thinks fit, of any evidence presented to the committee prior to such evidence being reported to the council.

5. That standing order 396 be suspended to enable strangers to be admitted when the joint committee is examining witnesses unless the committee otherwise resolves, but they shall be excluded when the committee is deliberating.

6. That a message be sent to the House of Assembly transmitting the foregoing resolution and requesting its concurrence thereto.

Motion carried.

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