Animal welfare: horses, donkeys and hybrids

Page last updated: Monday, 18 May 2020 - 12:13pm

Please note: This content may be out of date and is currently under review.

Persons in charge of a horse have a legal responsibility to care for the horse. While most often it is the owner of a horse who is the ‘person in charge’ of the horse, the Animal Welfare Act 2002 defines a person in charge to include a person who has actual physical custody or control of the horse and the owner or occupier of land where the horse is kept.

Regardless of the purpose of the horse or the husbandry practices, there are basic requirements that must always be adhered to for the welfare of the horse.

Every reference to horses on this page refers to horses, donkeys and hybrids.

Horses are kept in Western Australia for a variety of purposes, including:

  • work (for example stock work, tourism, commercial, trail riding and carriage work)
  • competition (such as racing, eventing, jumping, showing and endurance riding)
  • pleasure riding or driving
  • breeding
  • as pets and companion animals
  • slaughter for meat and by-products.

Horses may be kept under a variety of conditions, from extensive grazing on unfenced land to intensive housing in individual stalls.

Welfare

Regardless of the purpose of the horse or the husbandry practices, there are basic requirements that must always be adhered to for the welfare of the horse. These include:

  • ready access to adequate food and water
  • freedom to move and exercise
  • access to suitable accommodation and shelter
  • social contact with other horses or other suitable companions
  • regular inspections to assess the need for attention to hooves, teeth and parasite control
  • rapid identification and treatment of injury and disease.

Responsibility

The Animal Welfare Act 2002 defines a person in charge to include a person who has actual physical custody or control of the horse and the owner or occupier of land where the horse is kept.

For example, a property owner who permits a horse to be agisted on their property may be considered to be a ‘person in charge’ of the horse under the Act.

Persons in charge of horses should possess knowledge of the basic behavioural and physical needs of horses. Assistance or advice on management of horses can be obtained from appropriately skilled equine veterinarians or other qualified equine advisers, including riding clubs, instructors and nutritionists.

The cost of maintaining a horse, and determining who will be responsible for the horse, should be considered before acquiring one. Prospective purchasers and breeders of horses should be aware that proper feeding, maintenance and training of horses represent long-term responsibilities as horses have a long lifespan (30 or more years).

Offences

Section 19 of the Animal Welfare Act 2002 contains a number of provisions directly and indirectly related to the provision of care to horses. These include Section 19(3), where a person in charge of an animal is cruel to an animal if the animal:

  1. is transported in a way that causes, or is likely to cause, it unnecessary harm
  2. is confined, restrained or caught in a manner that:

i. is prescribed (regulation 4 of the Animal Welfare (General) Regulations deals with prescribed acts), or

ii. causes, or is likely to cause, it unnecessary harm

  1. is worked, driven, ridden or otherwise used:

i. when it is not fit to be so used or has been overused, or

ii. in a manner that causes, or is likely to cause, it unnecessary harm

  1. is not provided with proper and sufficient food or water
  2. is not provided with such shelter, shade or other protection from the elements as is reasonably necessary to ensure its welfare, safety and health
  3. is abandoned, whether at the place where it is normally kept or elsewhere
  4. suffers harm which could be alleviated by the taking of reasonable steps
  5. suffers harm as a result of a prescribed act being carried out on, or in relation to, it
  6. is, in any other way, caused unnecessary harm.

Inhumane devices

The Act provides for the protection of animals by prohibiting inhumane and improper treatment of animals. The use of an inhumane device on an animal is an act of cruelty and a person using the inhumane device may be prosecuted. Inhumane devices include:

  • a device that is designed or modified to deliver an electric shock to an animal (other than an electric fence)
  • jawed traps of any kind
  • spurs that have sharpened or fully-fixed rowels
  • spurs that are reasonably capable of penetrating the skin of the animal on which they are intended to be used.

For further information, visit the inhumane devices page.

Useful links

Racing and Wagering Western Australia (RWWA)

Victorian Code of Practice for the Welfare of Horses

Equine Veterinarians Australia (EVA)

Equestrian Australia

Contact information

Animal Welfare General Enquiries

Animal welfare: horses, donkeys and hybrids

Further information on reporting animal cruelty is available.