LSB June 2022 LR

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FEATURE TRAVELLING WITH PETS: WHAT THE LAW SAYS JILLIAN SMITH, LEGAL COUNSEL, RSPCA OF SA AND MEMBER, ANIMAL LAW COMMITTEE When I was a child our black Labrador, Ben, would travel with us in the Ford LTD, nestled happily in the foot-well by the backseat. A well-behaved and chilled individual, Ben would fall asleep almost as soon as the engine turned over for our road trips to Yorke Peninsula or the beaches of the South East, and wake up only at road stops for a quick sniff and cock of the leg before happily retiring back to the car. At night on these caravan holidays, Ben would sleep tethered in a pop-up canvas kennel my father had fashioned. It must have been comfortable as Ben’s loud and guttural snoring reverberated on the night air and was interpreted as Dad’s by the neighbouring campers, much to the chagrin of my mother. We were lucky to have such a superrelaxed hound as Ben, who never barked, never reacted poorly to other animals or people and treated the car as his own personal sleeping compartment. Not all pets are such pleasant travelling companions. They can be lethal distractions and potential missiles in a car and overstimulated animals can be difficult to control whether in the car or in new unfamiliar surroundings. They are also a constant responsibility when travelling. This article provides a brief overview of the regulatory and legislative provisions regulating how and where pets may travel. WHERE CAN I TRAVEL WITH PETS IN AUSTRALIA? All pets must be cared for at all times whether on holiday or at home and failure to do so may constitute ill treatment of an animal under the Animal Welfare Act 1985 (SA) or its interstate equivalent. 1 The responsibility of pet ownership may limit trips to the pub, theme park, sightseeing trip or other holiday activity. 2 The Dog and Cat Management Act 1995 (SA) provides that dogs must be under the effective control of the owner, 3 therefore their presence inevitably limits the available activities while away from home. Pets cannot be left to their own devices in camp grounds or caravan parks. Domestic animals (other than accredited assistance dogs) are prohibited from most national parks, 4 and dogs are prohibited also in schools, childcare centres and shops unless permission is sought. 5 Dog owners may be fined for a dog’s persistent barking 6 (something which may be harder to prevent when a dog is in unfamiliar surroundings) and owners will need to be prepared with plenty of poo bags as fines apply for failing to immediately clean up when a dog defecates in a public space. 7 DO ANIMALS NEED TO BE RESTRAINED IN CARS? Unrestrained animals can jump from open windows and can easily be injured or injure others within the car if braking suddenly. The RSPCA has reported that 5000 dogs each year are either injured or killed in Australia as a result of jumping from a moving car. 8 Given this alarming figure, it is somewhat surprising that in no Australian jurisdiction other than the ACT 9 is there a blanket requirement that animals be safely restrained while travelling inside a vehicle. There are however provisions in all Australian jurisdictions (other than the Northern Territory) prohibiting dogs travelling unrestrained or untethered on the back of a ute, (with exceptions applying for working farm dogs). 10 The Australian Road Rules specifically prohibit driving with an animal in your lap or between the handlebars on a motor bike. 11 This is not only because of the distraction lap-held pets pose to the driver or rider but also the horrifying fact that pets have caused serious injury, notably when an airbag propels the pet into the body of the driver or other passengers in the vehicle. 12 For this reason, while not expressly prohibited, pets should not be allowed to travel on a lap of any passenger in a car. The distraction an unrestrained animal provides in the car is akin to that of a mobile phone, 13 and may amount to driving without due care or attention. 14 Further, failing to restrain an animal in a car may negate car insurance. The terms and conditions of many comprehensive policies providing that insured parties must “take all reasonable precautions to prevent or reduce loss or damage to the insured property”. A distracting unrestrained pet may fall foul of such a clause. The SA Standards and Guidelines for Breeding and Trading Companion Animals 2017 provides enforceable minimum standards and recommended guidelines to those involved in the pet trade. Part 11 sets out the responsibilities of breeders, sellers and commercial transporters of pets to ensure animal welfare while in transit. This includes mandating the use of appropriate containers or a suitable restraint with noncompliance being a breach of the Animal Welfare Regulations 2012 and punishable by fine. 15 Sellers and transporters of pets 14 THE BULLETIN June 2022
FEATURE are therefore held to higher account in the restraint of pets in vehicles than the general public in South Australia. WHAT CONSTITUTES ILL TREATMENT OF AN ANIMAL WHILE TRAVELLING? At RSPCA SA, where I am legal counsel, the lack of application of common sense has seen Animal Welfare Inspectors intervene where animals travelling with their owners have their welfare put in jeopardy. Animal ill treatment is an offence in each Australian State and Territory punishable by a fine or imprisonment. 16 In South Australia, causing an animal unnecessary harm and failing to provide appropriate living conditions (whether permanent or temporary) for an animal are general heads of ill treatment listed in section 13(3) of the Animal Welfare Act 1985 which have been enlivened in cases where: • Dogs have fallen from ute trays, causing injury, including strangulation of animals inappropriately tethered. • Animals have been left in hot cars (in one bizarre case a dog was left in a car while its owners visited the zoo, also leaving a portable stove going inside the car complete with the billy boiling for a cup of tea, adding to the temperature within). • Dogs have been inappropriately restrained for long periods in harnesses which are too small such that the harness itself injures the animal. • A dog was confined to a carry crate strapped to the roof of the car. • Cats were inappropriately housed in a temporary outdoor enclosure in belowzero temperatures. Some jurisdictions have specific welfare provisions in relation to the transport of animals. In Victoria, the Prevention of Cruelty to Animals Regulations 2019 prohibit leaving an animal unattended inside a car for more than 10 minutes when outside temperatures are at or above 28 degrees Celsius, or to secure a dog directly on a metal tray of a ute or trailer in these temperature conditions. There is also a specific regulation preventing the transport of animals in the boot of a car. 17 In the ACT, 18 it is a specific offence to transport an animal in a way that causes or is likely to cause death, injury, pain or stress to the animal. In Queensland 19 the Animal Care and Protection Act 2001 provides that it is an offence to transport an animal in a way that is inappropriate for its welfare, while in NSW 20 a person cannot carry or convey an animal in a manner which unreasonably, unnecessarily or unjustifiably inflicts pain upon it. In Tasmania 21 a person must not drive, convey, carry or pack an animal in a manner that subjects it to unreasonable pain or suffering. And in Western Australia an explicit head of animal cruelty is transporting an animal in a way that causes or is likely to cause unnecessary harm. 22 CAN PETS BE TAKEN ON PUBLIC TRANSPORT? In Australia it is relatively uncommon to see animals (other than assistance dogs or therapy animals) taken on public transport. 23 The rules regarding this question vary somewhat across Australia. For example, in South Australia taking pets (other than assistance animals) on public transport is prohibited unless special permission has been granted beforehand 24 but in Victoria taking small animals in suitable carry containers is permitted, and dogs may be taken on trains if they are muzzled and on a lead. 25 In New South Wales, similar rules apply, but the driver may refuse an animal entry if the service is nearing capacity or if the animal appears likely to misbehave. 26 FLYING WITH PETS WITHIN AUSTRALIA Flying is stressful for animals, which despite recent regulatory change, are still considered cargo by the airlines and confined to pet carriers in the freight area of the plane. 27 It is not unusual for pets to die during flights (drops in pressure, temperature, noise and unfamiliar surroundings are frightening and stressful for animals) 28 . Sedation of an animal is not recommended due to health risks while unsupervised in the hold and the RSPCA recommends a vet check prior to flying to confirm that the pet is fit for travel. 29 Approved guide, hearing and assistance dogs may travel in the cabin, if they meet certain criteria set by the airline. 30 IMPORTING AND EXPORTING PETS Australia’s strict biosecurity laws can make importing pets from overseas a difficult and expensive proposition, with the level of difficulty depending upon the country of origin. For example, dogs and cats from New Zealand do not require an import permit to enter Australia but a veterinary health certification is required. Dogs from some rabies-free countries may be imported if granted an import permit with post arrival quarantine required. June 2022 THE BULLETIN 15
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 Society busy
Page 7 and 8: FEATURE • What level of Covid-19
Page 9 and 10: PUBLIC HEALTH LAW direction made un
Page 11 and 12: TRAVEL (such as on public transport
Page 16 and 17: FEATURE Imports from rabies-affecte
Page 18 and 19: FEATURE SPACE TRAFFIC MANAGEMENT: E
Page 20 and 21: MENTAL HEALTH LAWS Increasing the P
Page 22 and 23: MENTAL HEALTH LAWS capacity test ac
Page 24 and 25: CLOUD COMPUTING An Analysis of the
Page 26 and 27: RISK WATCH Waive goodbye? A new cas
Page 28 and 29: FAMILY LAW CASE NOTES Family Law Ca
Page 30 and 31: YOUNG LAWYERS facebook.com/YLCSA Ju
Page 32 and 33: BOOKSHELF D Brennan The Federation
Page 34 and 35: TAX FILES attention. Examples of a
Page 36: We manage one of SA’s largest soc

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