It is well known that Australia has very strict animal protection laws and adopts a zero-tolerance attitude toward animal cruelty. Two past cases of animal cruelty in Australia attracted widespread public attention:

Case 1:

A social media user posted a video showing that a resident in the apartment building opposite kept their pet dog confined on the balcony all day in 40-degree heat, not allowing it inside. In the video, the dog trapped on the balcony was clearly listless and dehydrated.

Case 2:

Also on an apartment balcony, an international student kept her Maremma Sheepdog on the balcony until it starved to death. When vets at a Sydney veterinary hospital examined the dog’s body, they found no body fat, severe muscle atrophy, protruding bones, a sunken abdomen, and the body covered in maggots, blood, and faeces. They determined the dog had died from starvation and lack of water, and had gone without food or water for at least three months before its death. The judge convicted the international student of aggravated animal cruelty and sentenced her to 16 months in prison with no bail for 8 months. The owner received an additional 4 months for failing to take the dog to a vet in time, with the sentences served concurrently, and was banned from keeping any pets for 10 years.

What Conduct Is Defined as Cruelty?

Taking NSW as an example, under NSW legislation the relevant offences are Cruelty and Aggravated Cruelty.

Cruelty includes the following conduct:

• An animal keeper must not commit acts of cruelty against the animal;
• An animal keeper must not neglect the animal;
• The keeper must provide reasonable care, control, or supervision of the animal to prevent cruelty from occurring;
• If the animal is in pain, the keeper must take steps to alleviate that pain;
• If the animal requires veterinary treatment, the keeper must provide it.

Breach of the above provisions carries a maximum penalty of:

• 2,000 penalty units for a corporation
• 400 penalty units for an individual and/or 1 year imprisonment

[NS Legal Tip]

One penalty unit represents a different dollar amount in different states: $110 in NSW, $181.74 in VIC, and $137.85 in QLD, so you need to multiply the relevant penalty units by the penalty unit value of the applicable state.

Under section 8 of the NSW Prevention of Cruelty to Animals Act, any keeper of an animal must provide it with food, water, or shelter, and in all cases the food, water, and shelter must be sufficient. Breach of these provisions carries a maximum penalty of:

• A maximum of 750 penalty units for a corporation
• A maximum of 150 penalty units for an individual, and/or 6 months imprisonment

If there is evidence that a pet has not been provided with adequate or appropriate food/water or shelter within a 24-hour period, this is taken to prove that the keeper breached the provisions during that time. Case 1 at the beginning of this article may be considered a breach of this provision.

Case 2 at the beginning of this article, given its severity, would be treated as aggravated cruelty. Aggravated cruelty carries a maximum penalty of:

• 5,000 penalty units for a corporation
• 1,000 penalty units for an individual, and/or 2 years imprisonment

In June this year, the NSW Parliament passed a bill imposing a lifetime ban on keeping pets for anyone convicted of animal cruelty. In NSW, a person convicted of aggravated animal cruelty will be banned from keeping pets or working with animals in the future.

How Do You Report Someone for Animal Cruelty?

Each state has dedicated reporting agencies. You can also go directly to the RSPCA website, select your state, and make a report there.

You can also report by phone. Animal cruelty reporting hotlines:

• Australian Capital Territory: 0407 078 221
• New South Wales: 1300 CRUELTY (1300 278 358)
• Northern Territory Government: 1300 720 386
• Queensland: 1300 ANIMAL (1300 264 625)
• South Australia: 1300 4 RSPCA (1300 477 722)
• Tasmania: 1300 139 947
• Victoria: 03 9224 2222
• Western Australia: 1300 CRUELTY (1300 278 3589)