NSW passes bill to ban ‘convenient’ killing of shelter animals
On February 17, 2022, the New South Wales (“NSW”) Legislative Assembly passed a bill to ban the “convenient” killing of shelter animals across the state, marking an important first step towards the protection of impounded animals in NSW.
The Companion Animals Amendment (Rehoming Animals) Bill 2021 (the “Bill”) was introduced by Animal Justice Party member Emma Hurst, in response to the tragic shooting of 15 dogs (including 10 puppies) by Bourke Shire Council in August 2021. The dogs were killed despite rescue groups from a nearby local government area offering to rehome them, due to the council’s interpretation of the COVID-19 travel restrictions at the time. The news sparked public outcry across the nation and prompted investigations by the Royal Society for the Prevention of Cruelty to Animals, the NSW Ombudsman and the Office of Local Government. The council was eventually cleared of any legal wrongdoing, as there were no laws in place at the time to hold the council accountable.
Animal shelters in NSW have long been criticised for euthanising animals as a cheaper and more convenient practice than finding them a permanent home. According to Hurst, one NSW pound euthanised nearly 150 dogs and over 130 cats but released less than 40 animals to rescue groups. She also revealed that in the period of 2019 to 2020, almost 4000 dogs and 8000 cats were killed in NSW pounds, with only 10% of these animals killed due to illness or disease. The high kill rates highlight the lack of cooperation between council pounds and rescue organisations in NSW, which has led to the unnecessarily killing of many impounded animals.
The Bill sets out certain actions which a council must take towards rehoming a seized or surrendered animal before considering euthanisation, including cooperating with rescue groups to provide such animals a chance to be rehomed.
The key proposed reforms are as follows:
Before euthanising a seized or surrendered animal, councils must give written notice to at least 2 rehoming organisations to inform them that the animal is available for rehoming, and take reasonable steps to advertise the animal as available.
The written notice must specify the period of time, not less than 7 days from the date the notice is given, during which the animal is available for rehoming.
If a rehoming organisation (whether or not the organisation was given written notice) provides the council written notice that it is able to rehome an animal, the council must not euthanise the animal and must make arrangements to transfer the animal to the organisation.
Councils must keep records identifying animals that have been rehomed and those that have been euthanised. With respect to animals which have been euthanised, councils must keep a record of the actions they took to rehome the animal and alternative actions which were considered prior to euthanising the animal.
Hurst views the Bill as a ‘mandate’ for council pounds to work closely with rescue organisations, which will hopefully save the innocent lives of many impounded animals and prevent their unnecessary killing in circumstances where they can be rehomed by a rescue group.
