,Government of Western AustraliaDepartment of Agriculture and Food

Our ref: DGC151239-3Your ref: RPA

Hon Rick Mazza MLCChairmanSelect Committee into the Operations of the Royal Society for the Prevention ofCruelty to Animals Western Australia (Inc)Legislative CouncilParliament HousePERTH WA 6000

Dear Mr Mazza

ANIMAL WELFARE ACT TRANSFER AND STRATEGIC PLAN

I refer to your letter of 1 February 2016 in relation to questions about theDepartment's administration of the Animal Welfare Act 2002 (AVV Act).Specifically, you seek advice in relation to the following:

• The reason that responsibility for the AW Act was transferred from theDepartment of Local Government (DLG) to the Department of Agricultureand Food WA (DAFWA) in July 2011; and

• if there is a strategic plan and policy framework for animal welfare inWestern Australia and whether such a framework was in place prior toJuly 2011.

Transfer of the AW ActThe key reason for Cabinet's decision to transfer the AW Act from DLG toDAFWA was to enable improved animal welfare outcomes to be provided by theGovernment.

In 2011 the DLG was not in a position to leverage additional resources to meetthe growing pressures on animal welfare services and increasing communityexpectations and had a strong reliance on support from DAFVVA in addressinglegislation and regulation development associated with livestock welfare.

DAFVVA already had a significant role in animal welfare in the animal productionindustries by promoting good animal husbandry practices and managingbiosecurity in the State. DAFWA played an important role in the development ofnational animal welfare standards, particularly through the national PrimaryIndustries Ministerial Council. The Council was the major forum for alignment ofCommonwealth and State policy and legislation on animal welfare.

OFFICE OF THE DIRECTOR GENERAL 3 Baron Hay Court, South Perth, Western Australia 6151 (Locked Bag 4, Bentley Delivery Centre WA 6983)

Telephone: (08) 9368 3236Website: agric.wa.gov.au

DAFVVA had a greater regional presence than DLG with regionally basedveterinary officers who were well placed to oversee animal welfareimprovements in the livestock industries.

The transfer of responsibility for administration of animal welfare legislation toDAFVVA is consistent with most other Australian jurisdictions where equivalentlegislation is located in their agriculture portfolio.

Strategic Plan and Policy Framework

There is currently no overarching and comprehensive strategic plan and policyframework for animal welfare in Western Australia. This was identified andaddressed in Recommendation 1 of the review.

Similarly, no strategic plan was in place when the Act was transferred from theDLG in 2011. In order to clarify the roles and responsibilities for Animal WelfareRegulation between DAFWA and the RSPCA when the AW Act wastransferred, DAFWA created a compliance flow chart (Attachment 1).

The review also proposed (recommendation 19) that government consideradditional funding to pursue the 19 recommendations. Additional funding hasnot yet been provided to DAFWA to implement the recommendations.

Yours sincerely

Rob DelaneDIRECTOR GENERAL

0 Attachment: Animal Welfare Compliance Flowchart

1

..

_ANIMAL WELFARE ACT 2002 COMPLIANCE FLOW CHART --- 1

•1 Small Animal

I RSPCA ,., jNative AnimalNon Commercial Livestock

24 hr Call line

'P4::: i1\ I RSPCA INSPECTORATE RSPCA INSPECTORATE

COM MERCIAL LIVESTOCK INVESTIGATION Significant Breeches i PROSECUTION

I ..... .......1 ._., 1 , \

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LIVESTOCK COMPLIANCE UNITAssessment

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POI Uncooperative ICU Visit (+/- warrant), assess, Industries, Wharf etc

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Monitoring

Feedlots, Intensive Animal

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--report, recommendations —.

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I DAFWA LCUYes PROSECUTION

1. Public Reports

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Category 1 or 2 Offence 1 [ Category 3 OffenceChronic/production/code 1 Violent/deliberate/Overtviolations etc i Cruelty

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...................LCU Assistance

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Minor CodeViolations

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_ ____. ..] *Written Report to ManagerPerson of Interest (POI) ,

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LC_UDirection (Care of Animals)Issued by LCU Officer

Remedial Action Required —540 1

iCooperative

tP -0- ci:7 L -a

I. LCU verify compliance with.

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----__

1• ii T. Districtct Veterinary Officer __.0

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(LIVESTOCK BIOSECURITY)Visit, assess, report,recommendations

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1or Reg Violation