POCTA

If the Minister for Agriculture were to endorse at least one officer from each local council under the Prevention of Cruelty to Animals Act 1986 (POCTA) provisions (section 18), this would add at least 120 new animal welfare officers/inspectors to combat animal cruelty within their area. This would alleviate the workload of authorised enforcement agencies i.e.( RSPCA/VicPol) in the town or city in which an alleged offence has occurred. A section should also be added into POCTA as it was back in the 80’s before it was repealed, that half of the fines from a successful prosecution be paid to council and the other half to state revenue. This would also give council an incentive to work toward costs as RSPCA now do subsequently no out of pocket expenses.

In the past I have advocated for an Independent Office of Animal Welfare, but further research and forward thinking has changed my mind and I therefore submit the following suggestions regarding the above.

There are 120 municipalities in the state of Victoria, each have a local laws team that deal with animals including the Domestic Animals Act and other related acts of parliament. Some councils/shires may already have their officers endorsed under section 18 of POCTA to enforce and act under the provisions of POCTA.

From the 120 councils/shires each have officers that total at least 1 and some 12+ in the bigger councils and towns i.e. Shepparton, Bendigo, Ballarat, Geelong and Casey. Casey was the first to prosecute under POCTA new puppy farm sections successfully. If the Minister would endorse at least one officer from each council under POCTA provisions (section 18) that will at least give animal welfare 120 + new officers/inspectors to combat animal cruelty within the region of their area.

This would alleviate the workload of authorised enforcement agencies i.e.( RSPCA/VicPol) in the town or city in which an alleged offence has occurred. Plus a section should also be added (into POCTA) as it was back in the 80’s before it was repealed, that half of the fines from a successful prosecution be paid to council and the other half to state revenue. This would also give council an incentive to work toward costs as RSPCA now do subsequently no out of pocket expenses.

Training of these officers are on par with RSPCA inspector, rangers having the opportunity of courses offered prior to starting their occupation at council. Court and prosecutions would also be on par with RSPCA procedures.

RSPCA could then engage in their policies of supplying pet ambulance services, animal rescues, education and rehoming.
Sincerely,

Barrie R Tapp
Animal Cruelty Hotline Australia; Dipl. equine studies, Police academy det training; JP.

The Prevention of Cruelty to Animals (POCTA) Regulations 2008 sunset on 15 December 2019. New regulations need to be made before this date.

Following a thorough review of existing regulations and extensive consultation with a range of stakeholders, the Victorian Government has developed the proposed POCTA Regulations 2019 and associated Regulatory Impact Statement (RIS). These documents are now available for public comment.

The POCTA Regulations 2019 aim to protect the welfare of animals in Victoria by supporting requirements set under Victoria’s primary piece of animal welfare legislation – the Prevention of Cruelty to Animals Act 1986.

This is achieved by preventing, or minimising, harm through regulation of specific activities.

The RIS examines the costs and benefits of the proposed POCTA Regulations 2019 and considers possible alternatives.

New or amended regulations include:

· Animal transportation and tethering requirements

· Use of pain relief for mulesing

· Sale and use of wildlife safe fruit netting

· Sale and use of electronic devices

· Approvals and other processes related to the use of traps

· Operational and administrative processes for Rod Scientific Procedure record-keeping, the sourcing of animals, and training of Animal Ethics Committee members

· Fees

You are encouraged to contribute your views, expertise or ideas on the draft proposed regulations and options presented in the Regulatory Impact Statement. Consultation is open until midnight on Thursday 26 September 2019.

Copies of the RIS and the proposed regulations may be obtained from the Engage Victoria website at https://engage.vic.gov.au/prevention-cruelty-animals-draft-regulations-2019

The Engage Victoria website is the preferred method for receiving submissions.

Please note that all comments and submissions received will be treated as public documents.

Thank you and regards

Animal Welfare Victoria

Horses need an identity urgently, but in the State of Victoria there currently is no system nor accountability to accurately determine the number of horses. Nor is it compulsory to register them, unless your horse is a particular breed, in some cases. Some horse breed associations RVL, HRV, require mandatory registrations of both horses and owners, whilst other horse breed societies don’t subscribe to any such manner of registration. Editor: We have put this article up at the top of the front page again in view of the ABC program, "The dark side of the horse racing industry," broadcast 17 October 2019.

Victoria is undoubtedly a very large populated horse industry and, as the welfare of horses, in the opinion of experts, is maintained by the above-mentioned, cruelty and abuse is rife and expanding, as our database and evidence of proof show. Horses must be registered. The animal welfare agencies that are privileged to have the monopolized responsibility to enforce the Prevention of Cruelty to Animals Act (POCTA) in this state are overloaded. Resourses, so they tell us, are limited. Furthermore, horses are not consistently categorized as livestock or domestic animals within the animal welfare act. In consequence, they unfortunately fall between the cracks of the animal welfare system!

The upshot is that policing is left to voluntary rescue organizations, and the community, to report infringements that are observed. This also put a heavier burden on the authorized
protectors. Councils and Shires also have the responsibility to investigate animal welfare complaints within their areas but seldom do. In any case they always pass the complaint onto RSPCA where once again the burden overloads!

The initiative or the ability to perform duties to investigate animal welfare complaints appears unfruitful within some councils. This, even though most local laws officers have been
endorsed by the minister for “general inspector qualification 18”. At times ti seems they do not enforce the action, through inexperience!

An exception is the local laws in South East Victoria. There is a great record of animal welfare within their shire, as proven by their ability to prosecute all offences under POCTA. Horses are a great contributor to the economy of Victoria through many outlets, for instance racing, trotting, breeding, pleasure, and as a companion animal. Unfortunately, however, many end up at the slaughter yards or sent overseas for human consumption.

The complaints we receive at Animal Cruelty Hotline must be passed onto the appropriate authorities but without any feedback forthcoming from these two authorities that claim, “privacy laws inhibit us to allow feedback!” Racing Victoria and Harness Racing have a duty of care to monitor their members regarding infringements of cruelty and abuse and should not leave it up
to RSPCA alone to investigate problems.

This government must undertake to introduce mandatory registrations/ micro chipping for all horses which will then give them at least an identity and will then curtail the continuance of abuse, cruelty and neglect.

The government introduced new "Puppy Farm laws" "to control abuse, cruelty and indiscriminate breeding." Well Minister, the same alleged abuse happens within the horse industry and, at present, anyone can hang out a shingle in the front paddock and say, "Here I am. I am a dealer/breeder. I can breed anything I like and sell the product without fear of intervention, no license, no experience needed."

We register all other animals before sending them off to sale yards, including cattle, sheep, pigs, calves - all ear-tagged and/or tattooed sowhy not register horses? There is no difference between puppy farming and horse farming, in this respect. Cruelty has no monopoly. It belongs to all and it exists within the horse industry, where a permit or license to trade or breed is not needed. Animals will still suffer.

In conclusion the state government cannot keep their heads buried in the sand whilst these animals, which helped settle this country, ploughed the fields, went off to war (none came back,) continue to suffer without the privilege of the mandatory requirements of all creatures great and small!

Defining the correct category in POCTA is a must and should be supported by more resources and aid to fight the war on cruelty and abuse to an animal that is not categorized as an identity!!

***. . Barrie TAPP Animal Cruelty Hotline Australia Operates 24/7. To report animal cruelty anonymously free call 1800751770 anytime/anywhere 24/7.

All councils in Victoria have the ability and the authority to elect at least one local laws officer to represent an inspector, as defined in the “Prevention of cruelty to animals act” (POCTA) under section 18 defined as a “general inspector”, warranted and authorized by” the minister of the time”, to enforce the POCTA as such. All it takes is the stroke of a pen.

There are 79 councils/shires in the state of Victoria . Each has in their employ at least two local laws officers and, in the larger towns there are up to 14 local laws officers on staff. For instance, Geelong, Bendigo, Ballarat, City of Casey (13),Sale, Bairnsdale, City of greater Shepparton and many many more all have at least 5.

It would be true to say that all councils in Victoria have the ability and the authority to elect at least one local laws officer to represent an inspector, as defined in the “Prevention of cruelty to animals act” under section 18 defined as a “general inspector”, warranted and authorized by” the minister of the time”, to enforce the POCTA as such.

All it takes is the stroke of a pen. So, if this was considered by council, Victoria would then have the luxury of an additional 150 + officers to work under POCTA and RSPCA would then have the assistance of all officers around this state and I am happy to inform all, at no expense to the state government. The duty of care and protection for all creatures would therefore not be the responsibility alone of a private charitable organisation(such as RSPCA) to enforce a government act of parliament.

Casey Council has 13 such officers authorised to enforce POCTA (Prevention of Cruelty to Animals Act), and other Councils should now follow this example. Casey Council have used the new “puppy farm laws” and was the first to bring about a prosecution under this new law, with great success.

If all councils allowed this to happen it would certainly help solve the animal welfare crisis that is occurring in this state. We have the redundancy of hundreds of DEPI personnel and RSPCA always “bemoaning” no recourses no man power, no money”. Well, wouldn’t the proposal that we have suggested be a great gift to animal welfare?

To think of over an extra 200 authorised inspectors “out there” helping animals. Who knows, we could possibly see the “emergency animal ambulance” starting up again. The RSPCA no longer services this. Animals might actually be physically rescued by these inspectors instead of private and volunteered personnel doing the work. Even - God forbid - an afterhours emergency cruelty “call-out service”, as cruelty surely doesn’t stop at 5 o’clock.

Barrie Tapp . I care!Do YOU?