New laws designed to prevent puppy farms cannot come soon enough for RSPCA South Australia, with today's finalisation of a case involving a commercial breeding operation with more than 300 dogs further highlighting the inadequacy of current laws.
A 48-year-old woman and her 64-year-old former partner were originally jointly charged in relation to the Murray Mallee breeding facility they co-managed. The pair faced six counts of failure to comply with Animal Welfare Notices and a further count of failing to meet the standards within the SA Standards and Guidelines for Breeding and Trading Companion Animals.
In addition, the pair was charged with ten counts of animal ill-treatment involving ten Border Collie dogs that were seized from their Parrakie property by RSPCA inspectors on 23 October 2018. The charges were for animal ill-treatment due to the mental harm caused by the chronic neglect of these ten dogs at the facility, which was also held to have been inadequate for the number of dogs housed there.
The male defendant plead guilty to having a limited role in the enterprise. In the Adelaide Magistrates Court on 9 August 2021, he was convicted on one of the ten counts of animal ill-treatment and all six counts of failure to comply with Animal Welfare Notices. In imposing penalties totalling $8050, Magistrate John Fahey took into account the defendant's early guilty plea that made him eligible for a 30% discount.
The defendant was prohibited from owning any dogs other than four dogs that were in his care, and he was required to provide proof of the dogs' desexing and registration to RSPCA SA within 28 days.
The female defendant contested all 17 charges, and the matter went to trial.
In his judgement in the Adelaide Magistrates Court on 28th April 2023, Magistrate Karim Soetratma found the female defendant guilty of all but one charge (one of the six charges of failure to comply with an Animal Welfare Notice). His Honour's findings followed a seven-day trial.
The couple had a development application approved by the Southern Mallee Council that permitted a maximum of 100 dogs, but when RSPCA inspectors attended at the property on 23 October 2018, there were approximately 300 dogs. It was the fourth time inspectors had attended at the property since July 2018 in response to reports from members of the public, including people with puppies bought from the couple that had subsequently developed significant health and behavioural issues.
The court heard that the dogs lived in external enclosures that:
- Lacked protection from weather
- Lacked visual barriers between enclosures, causing heightened anxiety
- Exposed the dogs to excessive noise from other dogs
- Lacked environmental enrichment
- Were too small (many enclosures had been divided into two) and therefore reduced the dogs' capacity to demonstrate normal behaviours
- Provoked aggressive behaviour due to resource guarding and competing for food
SA currently has no legislated limit on the size of "large-scale breeding facilities", no dogs-to-staff ratio requirements and no staff training or qualification requirements. Under proposed new dog and cat breeding laws, breeders will be legally obligated to comply with much tighter specifications relating to:
- Enclosures – their size, shelter design and environmental enrichment
- Daily exercise and enrichment activities for the animals
- Appropriate levels of veterinary care including preventative action like vaccination
- Employment of staff with appropriate, specified qualifications
- Specific staff toanimal ratios
- The maximum number of fertile female dogs they can have for breeding purposes
Ahead of the March 2022 state election, both major parties indicated they supported the new laws, which will be in the form of amendments to SA's Dog and Cat Management Act. The laws will replace the current SA Standards and Guidelines for the Breeding and Trading of Companion Animals that came into effect in 2017. (While it is compulsory for breeders to comply with the 173 Standards contained in this Code of Practise, the 83 guidelines are recommended practises only and not legally enforceable.)
According to RSPCA SA's Head of Animal Welfare, Andrea Lewis, the need for greater regulation is increasingly obvious, as ongoing demand for puppies draws more people into the industry.
"We now have a dog and cat breeding industry in SA that is conservatively estimated to be worth more than $34 million per year," Ms Lewis said.
"And we have around 4800 registered companion animal breeders who – under current laws - have just had to register online, pay $75 and comply with some vaguely worded, difficult to enforce standards in order to run legal businesses.
"Of-course, many breeders are running very professional businesses that prioritise their animals' welfare, but there is a minority whose motivation to make money comes at the expense of their animals' wellbeing.
"Given the weakness of our current laws, it's little wonder that breeders are continuing to cross the border to SA to avoid significantly stronger laws in other states.
"This latest case is an example of just that, with a defendant who was banned from breeding dogs in Victoria moving to SA and setting up shop again."**
Magistrate Soetratma today sentenced the woman to a three-month term of imprisonment, suspended on condition of a $500 Good Behaviour bond for a period of three years. He ordered the defendant to pay a total of $5000 in fines for the five counts of failure to comply with an Animal Welfare Notice and for failing to comply with the SA standards for breeding animals.
His Honour ordered legal costs to the RSPCA of $21,593 to cover some of the expenses incurred by the organisation in bringing the matter to trial and engaging appropriately qualified expert veterinary witnesses to provide evidence. The defendant is prohibited from having care or custody of any animals other than two pet dogs, four rabbits and seven budgerigars currently in her care. The dogs are required to be desexed and registered.
In sentencing, His Honour said it was clear that the defendant had not learned the lessons from previous convictions imposed on her in Victoria.
"You, of all people, should never have involved yourself in a breeding facility unless you could comply with all the laws and regulations, and had the knowledge to ensure proper care for all animals," His Honour said.
"People who earn money from the raising of animals have a particular responsibility to understand the relevant laws around that kind of enterprise."
**The female defendant was previously found guilty in Victoria of a total 136 animal breeding regulatory offenses (in 2015 and 2016) and one cruelty offence (in 2017) relating to the breeding of border collies and other dogs. She was fined a total of $101,572. She is currently subject to a ten-year order issued in 2017, banning her from owning dogs in Victoria. RSPCA South Australia wants SA's Animal Welfare Act amended to make court orders (that prohibit or restrict animal ownership) enforceable across state borders. (Refer Background Information document)
