Increasing penalties and improving court orders

In June 2021, NSW Parliament passed the Prevention of Cruelty to Animals Amendment Act 2021 which made several important changes to the Prevention of Cruelty to Animals Act 1979 (POCTAA).

The NSW Government made these changes as an interim step ahead of delivering its commitment to reform the NSW animal welfare legislative framework. Public consultation undertaken as part of the reform process in 2020 showed strong community support for modernising NSW animal welfare laws. The NSW Government will continue to consult with the community as the reforms progress.

What are the changes?

Penalties

The changes increase both maximum financial penalties and gaol time for key animal welfare offences to make them some of the highest in Australia.

Offence

Current maximum penalty

New penalty

Cruelty 

(section 5)

Individual: $5,500 and/or 6 months imprisonment

Corporation: $27,500

PIN: $500 ($1,500 for corporations)

Individual: $44,000 and/or 12 months imprisonment

Corporation: $220,000

PIN: $1,000 ($5,000 for corporations)

Aggravated Cruelty

(section 6)

Individual: $22,000 and/or 2 years imprisonment

Corporation: $110,000

Individual: $110,000 and/or 2 years imprisonment

Corporation: $550,000

Fail to Provide

(section 8)

Individual: $5,500 and/or 6 months imprisonment

Corporation: $27,500

PIN: $200 ($1,000 for corporations)

Individual: $16,500 and/or six months imprisonment

Corporation: $82,500

PIN: $500 ($2,500 for corporations)

Non-compliance with a court order

Individual: $2,750

Individual: $5,500 and/or 6 months imprisonment

* “PIN” is a Penalty Infringement Notice

Other Changes

  • Making existing POCTAA court orders and alternative summons provisions available for the most serious animal cruelty and related offences under the Crimes Act 1900. This provides courts with more options to deal with animal welfare cases and closes a gap in existing laws, where people convicted of the most serious cruelty offences under the Crimes Act 1900 cannot have a POCTAA court order applied to them.
  • Introducing interim disqualification orders for animal welfare charges brought under POCTAA and the Crimes Act 1900. This allows a court to prevent a person charged with an animal cruelty offence from having control or influence over animals until court proceedings are finalised, but only when the court is satisfied that the person would be likely to commit an animal welfare offence if they were in charge of animals.
  • Automatically prohibiting persons convicted of the most serious animal cruelty and related offences under the Crimes Act 1900 from purchasing, owning or working with an animal.
  • Extending the statutory limitation period for commencing proceedings to 3 years from the date evidence of the alleged offence first came to the attention of an officer.
  • Revising the Animal Welfare Code of Practice – Breeding dogs and cats before 31 August 2021.