NSW has 3 enforcement bodies approved to enforce the Prevention of Cruelty toAnimals Act 1979 (POCTA Act):

  • Royal Society for the Prevention of Cruelty to Animals (RSPCA)
  • Animal Welfare League (AWL)
  • NSW Police

These enforcement bodies are authorised to conduct inspections that are eithertriggered by a welfare complaint or a regulated check of Code of Practicecompliance.

Your Rights if an Inspector Presents to your Property

  • Most Inspectors will arrive unannounced. If their timing is not suitable to you e.g. you have a medical appointment to attend,or you’re about to go to work, or collect or drop off children etc. advise that you will need them to come back at a mutually convenient time. Get the Inspector’s details and make an appointment
  • Inspectors can enter your property and out-buildings, but without your consent or a warrant (issued in serious animal welfare matters), they cannot come into your home
  • You can have a friend or relative be with you during the conduct of an audit
  • You can ask questions of the Inspector
  • You do not have to answer all or some of the Inspector’s questions but you are encouraged to be polite and co-operate
  • You can record the audit/inspection BUT you must ask the Inspector for consent
  • You can ask that the audit/inspection not be recorded (enforcement bodies are permitted to record video and audio)

What do you need to do to prepare?

  • Ensure you have read and understand the Animal WelfareCode of Practice for Breeding Dogs and Cats ‘Standards’ requirements
  • https://www.dpi.nsw.gov.au/__data/assets/pdf_file/0004/299803/Breeding-dogs-and-cats-code-of-practice.pdf
  • Have a minimum of the last 3 years of records available for viewing

Records must cover:

  • Full details and description of alldogs on the premises; all dogs need to be easily identified
  • Vaccination, worming, flea/tick/mite control, heartworm preventative, pest control on property, whelping details, breeding details, puppy records, rehoming details, details of leased dogs, neutering/desexing details
  • Evacuation plan
  • Vet details
  • Feeding guide/diet particulars
  • Veterinary treatments
  • Veterinary reports

The AWCOP references in 2.2 that:“It applies to the welfare of dogs and catswhich are involved in the business of breeding and raising puppies andkittens”.

  • Neutered dogs do not fall under that category
  • Ensure adequate facilities for the housing of dogs, providing:
  • Pen sizes meeting minimum Standard at the least
  • Sufficient bedding for all dogs
  • Clean, dry environment

***It should be noted that the RSPCA Chief Inspector Scott Meyers hasrecently (16-12-2020) advised DOGS NSW that as long as boundary fencing meetsthe 1.8m height requirement OR that dog pens or housing is inside a buildingor shed that can securely confine the dogs, pen heights of less than 1.8mwithin those areas would meet compliance.

***PLEASE HAVE A COPY OF THE ANIMAL WELFARE CODE OF PRACTICE FOR BREEDING DOGSAND CATS (AWCOP) WITH YOU DURING AN AUDIT/INSPECTION

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