LSB December 2021 HR

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ANIMAL LAW Animals and intervention orders: tree hugging nonsense or natural evolution of domestic violence laws? RONAN O’BRIEN AND DIANA THOMAS, ANIMAL LAW COMMITTEE The statistics don’t lie. The link between domestic violence and animal abuse is well known with some studies showing 53% of women escaping domestic violence report their pets were harmed and 35% state they delayed seeking refuge out of concern for the welfare of their pet. 1 The Royal Commission into Family Violence in 2016 heard testimony from numerous victims illustrating how animals are often used in coercive control: 2 • Once he cut the head off my mother’s pet to ‘teach her a lesson’. • He regularly beat – and I mean beat – the shit out of our dogs. • He killed my animals. • He would say to me, ‘Here’s your precious dog, this is what you do to me’, and pretend to snap her neck. 3 Animal abuse cases, often prosecuted by state-based RSPCAs, regularly involve an element of domestic violence. • In Bond v RSPCA 4 the appellant was fighting with his girlfriend. During the argument, he picked up her dog, slashed its throat and stabbed the dog four times. He then threw the bloodied body of the dog in the bin. • In a 2019 ACT case 5 CCTV footage shows the abuser smiling as, instead of feeding his ex-girlfriend’s dog, he punched, kicked, and hit the animal with a shovel for 20 minutes. The dog was euthanised due to its injuries. ABUSED ANIMALS TREATED AS DAMAGED PROPERTY Animals are specifically mentioned within the Intervention Orders (Prevention of Abuse) Act 2009 (SA) (“the Act”) regarding examples of emotional or psychological harm: 6 …an act of abuse against a person resulting in emotional or psychological harm may be comprised of any of the following: causing the death of, or injury to, an animal. The legislation allows for intervention orders to be issued for the protection of a person if it is “reasonable to suspect that the defendant will, without intervention, commit an act of abuse against a person.” 7 Whilst the above clauses show there can be preventative measures put in place for the safety of a protected person, the current legislation is not specific in its ability to protect the actual animals that are at risk of abuse. Given that animals are regarded as property in SA, it is possible for animals to fall within the provisions of the Act that state: 8 An act is an act of abuse against a person if it results in or is intended to result in— damage to property in the ownership or possession of the person or used or otherwise enjoyed by the person. Further, given the proprietary status of animals, the following intervention terms within the Act may be relevant to protecting specified animals: 9 • Prohibit the defendant from damaging specified property; • Prohibit the defendant from taking possession of specified personal property reasonably needed by a protected person; • Require the defendant to return specified personal property to a protected person. Specifying animals as requiring protection Rather than implying that animals may fall within the preventative measures of the Act used to protect property, South Australia could look to other jurisdictions that have specifically identified animals as requiring protection. The NSW parliament addressed this problem in March 2021 by specifically recognising the intersection between animal abuse and domestic violence in their Crimes (Domestic and Personal Violence) Act 2007. 10 Every apprehended violence order in NSW is now taken to specify that the defendant is prohibited from harming an animal that belongs to or is in the possession of the protected person with whom the protected person has a domestic relationship. 11 Victoria has taken a further step forward, specifically recognising that the animal threatened with harm may not necessarily be a pet of the victim. Their definition of family violence includes: “causing or threatening to cause the death of, or injury to, animal, whether or not the animal belongs to the family member to whom the behaviour is directed so as to control, dominate or coerce the family member.” 12 This overcomes circumstances where an abuser may obtain for themselves a new animal with the intent to threaten or coerce the protected person, or indeed circumstances where they may threaten to harm a stray animal or wildlife. In Queensland, as a condition of a domestic violence order, the court may prohibit the respondent from possessing a thing used, or threatened to use, in committing domestic violence. 13 Whilst the legislation extends the definition of “things” to include animals, this would not prevent a perpetrator from obtaining a new animal to harm as the restriction 8 THE BULLETIN December 2021
ANIMAL LAW only applies to the animal used within the alleged offence. The way forward Along with the measures introduced interstate, South Australia could consider further legislative amendments to prevent a perpetrator of domestic violence having immediate access to an animal to threaten harm. In circumstances where an animal has been threatened or harmed, a condition of an intervention order could be that the defendant is forbidden from being the owner of any animal. Further, the definition of “owner” should include “a person who has the custody and control of the animal” to be consistent with the definition of owner within the Animal Welfare Act 1985 (SA). This prevents scenarios of defendants attempting to avoid ‘ownership’ of an animal by simply registering the animal in another person’s name. The correlation between cruelty to animals and domestic violence is increasingly being recognised and greater legislative measures should be implemented to ensure the safety of animals in the same vein as protecting partners and children escaping violence. B Endnotes 1 Is there a link between Domestic Violence and animal abuse? RSPCA 8.10.2019, https:// kb.rspca.org.au/knowledge-base/is-there-a-linkbetween-domestic-violence-and-animal-abuse/ 2 Royal Commission into Family Violence – Final report (March 2016), http://rcfv.archive. royalcommission.vic.gov.au/MediaLibraries/ RCFamilyViolence/Reports/RCFV_Full_ Report_Interactive.pdf 3 https://www.abc.net.au/news/2021-03-01/ calls-for-domestic-violence-pets-legislation-invictoria/13199928 4 Bond v Royal Society For the Prevention Of Cruelty to Animals (SA) [2011] SASC 19. 5 https://www.abc.net.au/news/2019-10-12/ canberra-man-jailed-for-fatally-beating-dog-withshovel-handle/11595670 6 Intervention Orders (Prevention of Abuse) Act 2009 (SA) S 8 (4)(d). 7 Intervention Orders (Prevention of Abuse) Act 2009 (SA) S 6(a). 8 Intervention Orders (Prevention of Abuse) Act 2009 (SA) S 8 (2)(d). 9 Intervention Orders (Prevention of Abuse) Act 2009 (SA) S 12. 10 Crimes (Domestic and Personal Violence) Act 2007 (NSW) s 9 (3) (f2). 11 Crimes (Domestic and Personal Violence) Act 2007 (NSW) s 36(c). 12 Family Violence Protection Act 2008 (Vic) s 5 (2) (e). 13 Domestic and Family Violence Protection Act 2012 (QLD) s 81. EXCLUSIVE MEMBERSHIP DISCOUNT AVAILABLE ON GOODLIFE HEALTH CLUBS MEMBERSHIPS FOR YOU AND YOUR IMMEDIATE FAMILY* • ACCESS TO ALL GOODLIFE HEALTH CLUBS NATIONALLY • VIP ACCESS AT ADELAIDE CBD LOCATION • 2 COMPLIMENTARY SESSIONS WITH A FITNESS PROFESSIONAL • FREE TOWEL HIRE • FREE GUEST PASS: FRIDAY-SUNDAY 21-DAY FREE MEMBERSHIP WHEN PRESENTING THIS FLYER/VOUCHER. *option to trade the voucher in for huge savings. SCAN TO REDEEM. P 08 7420 2200 E cgmadelaidecity@goodlife.com.au December 2021 THE BULLETIN 9
Page 1 and 2: THE BULLETIN THE LAW SOCIETY OF SA
Page 3 and 4: This issue of The Law Society of So
Page 5 and 6: PRESIDENT’S MESSAGE I look forwar
Page 10 and 11: RENTING WITH PETS IN THE DOG HOUSE?
Page 12 and 13: Q&A Know Your Council Member: Melan
Page 14 and 15: IN HONOUR Vale: Mark Glencraig Nich
Page 16 and 17: DISABILITY JUSTICE More collaborati
Page 18 and 19: FEATURE THE NEED TO THINK OUTSIDE C
Page 20 and 21: FEATURE Western Law as having judge
Page 22 and 23: ANIMAL LAW Therapy or assistance an
Page 24 and 25: YOUNG LAWYERS facebook.com/YLCSA Yo
Page 26 and 27: WELLBEING & RESILIENCE It's OK to g
Page 28 and 29: RISK WATCH Culturally and linguisti
Page 30 and 31: FEATURE The existing legal safeguar
Page 32 and 33: FEATURE Turkeys and the law DIANA T
Page 34 and 35: TAX FILES DGRs that are not already
Page 36 and 37: FAMILY LAW CASE NOTES Family Law Ca
Page 38 and 39: GAZING IN THE GAZETTE REGULATIONS P
Page 40: We manage one of SA’s largest soc

LSB December 2021 HR

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