Page 4181 - Week 12 - Wednesday, 23 October 2019

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Domestic Animals (Disqualified Keepers Register) Amendment Bill 2019

Ms Lawder, pursuant to notice, presented the bill and its explanatory statement.

Title read by Clerk.

MS LAWDER (Brindabella) (10.16): I move:

That this bill be agreed to in principle.

I rise today to introduce the Domestic Animals (Disqualified Keepers Register) Bill 2019. This bill amends the Domestic Animals Act 2000. The act currently has provisions for the disqualification of a person from keeping animals for various reasons. The reasons a person may be prohibited from having animals are varied but all are serious. They include circumstances where animals are mistreated, where large numbers of animals are kept often in unhygienic and squalid conditions. The reason a person may be prohibited from keeping animals may often have its origin in a mental health condition.

The court may find that if a person is convicted or found guilty of an animal welfare offence or an offence against this act other than an excluded offence it may disqualify the person from keeping an animal for a period decided by the court. This disqualification may prevent a person from keeping a particular animal, a particular kind of animal or any animal. Persons may be disqualified for animal welfare reasons, including the cruelty of keeping animals in an unsafe manner.

Unfortunately, sometimes when a person is declared a disqualified keeper there is a continued pattern of the behaviour that disqualified the person from keeping an animal in the first place. When this happens, the lengthy court process may have to be resumed. This is expensive for all concerned, as well as time consuming and stressful. It may also result in many years of seemingly never-ending cycles of court action. This is clearly distressing for all involved, including neighbours.

When this happens currently the pattern of behaviour that disqualified a person from keeping an animal in the first place—for example, animal hoarding—means it is not easy for the community, especially neighbours, to have action taken. The aim of this amendment bill is to ensure that mechanisms are in place which ensure that a disqualified person adheres to the conditions of the disqualification and which give neighbours or other community members a pathway to stop that person from keeping an animal they are not supposed to have.

The bill creates a disqualified keeper register and allows access in a restricted form to the register and facilitates complaints, especially by neighbours, regarding illicit ownership of animals. Privacy considerations have been taken into account. The bill compels investigation in relation to complaints that are made. This is a power neighbours have called for so that once a complaint is made an investigation follows. This would speed up the process of resolution.


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