The first proposed changes to South Australia's animal welfare laws in 15 years have largely been well received, enabling harsher punishments for those who inflict cruelty on animals.
The penalties for individuals found guilty of aggravated animal cruelty rise from a maximum of $50,000 and four years jail to $250,000 and 10 years jail. Corporations could face fines up to $1 million.
It comes as RSPCA SA - the organisation tasked with enforcing the Animal Welfare Act - experiences a sharp rise in reports to the inspector, involving farm animals, likely due to the dry autumn.
In March this year, there were reports involving 414 farm animals, including 139 sheep, 88 horses and 81 cattle. This was double the previous month.
Environment Minister Susan Close says the animal welfare reform will ensure the laws governing the treatment of animals match community expectations.
"Most people show great care towards animals, but those who deliberately mistreat them deserve to face serious consequences," she said.
"Tougher penalties, along with other reforms to the Animal Welfare Act, will play an important role in reducing incidents of animal cruelty."
The draft legislation introduces a 'duty of care' for the owners to "provide adequate food, water and living conditions", which the RSPCA says will be critical in enabling their inspectors to intervene in matters where animals are at-risk and before any harm is done.
But Opposition agriculture spokesperson Nicola Centofanti say clarity will be needed about the definition of "adequate food and water".
As a veterinarian, she says she takes animal welfare extremely seriously and will be looking over the legislation with a "fine tooth comb", but any new inclusions must be "measured and appropriate for the many industries captured in the legislation."
"Industry needs to be clear around the meaning of terms such as 'all reasonable and practicable measures in the prevention or minimisation of harm to the animal'," Dr Centofanti said.
"Everyone stands united against animal cruelty, but we can't have a situation where farmers dealing with harsh conditions for the sake of their animals are captured and penalised because of these changes."
Livestock SA president Joe Keynes says they will also look at the document closely to ensure there are "no negative outcomes" for good livestock producers, but at first glance could not see any major issues.
"As an industry we have been very focused on setting high animal welfare standards and we know most producers look after their animals well," he said.
"The increase in penalties will only be a concern for those doing the wrong thing."
He did note that the statement "appropriate feed and water" could also be very subjective
RSPCA head of animal welfare, inspector Andrea Lewis, says the duty of care provision would greatly improve animal welfare.
Under current laws, by the time the RSPCA has legal authority to act, Ms Lewis says animals have suffered and the inspectors are dealing with sick and emaciated animals.
She says the seizure and holding of animals subject to cruelty charges has been burdensome to the RSPCA in the past, so new provisions for the forfeiture of animals are also a welcome improvement.
"The care of seized livestock (including veterinary care in some cases) costs the charity tens of thousands of donated dollars as cases proceed through the courts," she said.
"Some cases take many months - even years - to finalise and the money spent on animal care is rarely recovered via the court process."
Ms Lewis said adequate feed could be defined as "the provision of feed to keep the animal in a physical condition that allows it to live a normal life without the stressor of feed shortage".
One of the last convictions of livestock by RSPCA SA - in March 2023 - involved two Mid North brothers who pleaded guilty to four counts of failure to provide appropriate and adequate feed and water for their sheep and cattle.
After a report from the public of severely emaciated cattle, the RSPCA investigated finding 50 dead cattle and seizing 76 cattle and 11 sheep.
The second-time offenders were placed on two-year good behaviour bonds of $500 and ordered to pay $6600 in legal costs.
To have your say on the proposed changes, head to the Your Say page.
Submissions close on May 19, with the final Bill to be tabled in parliament later this year.
- Details: yoursay.sa.gov.au/animal-welfare-draft-bill
