Your responsibilities
If you are a person in charge or control of an animal then the welfare of that animal and the provision of reasonable care is your responsibility.
Reasonable care for animals includes but is not limited to:
- provision of adequate food and water
- suitable living conditions, including appropriate shelter
- prompt treatment of illness or injury
- appropriate handling, restraint and transport
- humane euthanasia when required.
Section 19 of the Animal Welfare Act 2002 (the Act) contains a number of provisions directly and indirectly related to the provision of care to livestock. These include Section 19(3), where a person in charge of an animal is cruel to an animal if the animal:
a. is transported in a way that causes, or is likely to cause, it unnecessary harm
b. 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
c. is worked, driven, ridden or otherwise used:
i. when it is not fit to be so used or has been over used, or
ii. in a manner that causes, or is likely to cause, it unnecessary harm
d. is not provided with proper and sufficient food or water
e. is not provided with such shelter, shade or other protection from the elements as is reasonably necessary to ensure its welfare, safety and health
f. is abandoned, whether at the place where it is normally kept or elsewhere
h. suffers harm which could be alleviated by the taking of reasonable steps
i. suffers harm as a result of a prescribed act being carried out on, or in relation to, it
j. is, in any other way, caused unnecessary harm.
The Act provides a range of defences to a charge of cruelty in sections 20 to 30, including acting in accordance with a relevant (prescribed) code of practice.
Severe penalties apply for a person convicted of cruelty. A minimum penalty of $2000 up to a maximum of $50 000 or five years imprisonment apply for each offence.
For more information see our Codes of Practice section.
Under nutrition
The person in charge of livestock is responsible for ensuring the welfare of their animals as seasonal conditions deteriorate, and must plan accordingly. Where feed requirements for livestock are not being met due to a drought, poor season or other reasons, the person in charge must provide supplementary feed, and/or agist or sell livestock that are fit to transport. Animals that are not fit to transport and cannot be treated must be humanely destroyed.
It is not acceptable to allow animals to starve to death.
Livestock transport
Assessing livestock for transport
Assessing livestock for transport and ensuring that livestock are fit to transport is essential. For further information on selecting fit to load animals, please see:
- Fit to Load guide (MLA)
- Are sheep and cattle fit to load? (DPIRD)
Transporting livestock
All livestock in Western Australia, including livestock raised for food, are protected by the Act. Under the Act, a person in charge or control of an animal is responsible for the health, safety and welfare of the animal. A person found guilty of animal cruelty under this legislation will face some of the harshest penalties in Australia (up to a $50,000 fine and 5 years imprisonment).
The Department of Primary Industries and Regional Development (DPIRD) is responsible for the administration of the Act and together with inspectors from the Royal Society for the Prevention of Cruelty to Animals, Western Australia (RSPCA) have authority under animal welfare legislation to investigate complaints of animal cruelty and to undertake a range of compliance and enforcement actions.
The driver of a transport vehicle has responsibility for the welfare of livestock in his or her care during transport. It would be expected that a leg or head of an animal protruding from the side of a vehicle would warrant the attention of the driver. However, it is not always possible for a driver to stop and rectify the matter immediately, particularly on a busy suburban street or where there may be no safe place for the driver to stop the truck to safely make a welfare check.
Codes of Practice and the Australian Animal Welfare Standards and Guidelines for the Land Transport of Livestock
Western Australia has codes of practice for the transportation of livestock such as sheep, cattle and chickens. These codes of practice are prescribed in Schedule 1 of the Animal Welfare (General) Regulations and provide the minimum welfare requirements for the care and management of respective livestock during transport.
The codes of practice for the transportation of livestock in Western Australia have recently been updated. The Australian Animal Welfare Standards and Guidelines for the Land Transport of Livestock have been developed nationally involving a wide range of stakeholders including State and Territory Departments of Agriculture, animal user groups and major animal welfare organisations. The Australian Animal Welfare Standards and Guidelines for the Land Transport of Livestock replace all existing codes of practice for livestock transportation.
While the Australian Animal Welfare Standards and Guidelines for the Land Transport of Livestock have not been incorporated into Western Australian animal welfare legislation, there is widespread acceptance of the standards by the livestock transport industry.
Even though livestock transport standards have not been regulated in WA, it does not limit the power the Act has in protecting animals from cruelty. For example, DPIRD has successfully prosecuted a person for transporting an animal in a way that was likely to cause the animal unnecessary harm.
DPIRD is in the process of incorporating the current Animal Welfare Standards and Guidelines into Schedule 1 of the Animal Welfare (General) Regulations.
Further information
Further information regarding animal welfare in Western Australia, including the abovementioned documents, can be found in the relevant sections of the animal welfare web pages.
Reporting cruelty
Any specific instances of animal cruelty should be reported to the RSPCA by completing the RSPCA online complaints form or by calling on (08) 9209 9300 or 1300 278 3589 (emergencies only).
Monitoring compliance
Since taking over the administration of the Act in July 2011, the Livestock Compliance Unit (LCU) has conducted over 1000 inspections at points of livestock aggregation across the state of Western Australia. These inspections include; saleyards, abattoirs, export depots, live export loadings at ports.
In addition, the LCU regularly conducts inspections at commercial animal farms such as piggeries, poultry farms and feed lots. The purpose of an inspection is to identify any risks of non-compliance with the Act, and use compliance tools including education and extension to minimise that risk.
The LCU also monitors compliance with the Act at events and facilities where commercial livestock are used for entertainment, such as rodeos.