Pounds in NSW – RSPCA NSW Provides Feedback on Committee Recommendations Ahead of NSW Government Report Posted on January 14, 2025 On 29 June 2023, a Parliamentary Inquiry was established to investigate and report on pounds across New South Wales, focusing on a range of critical issues. RSPCA NSW provided a detailed submission and gave evidence before the Committee, based on our extensive experience working with the Office of Local Government, pound facilities across the state, and fulfilling our enforcement obligations under the Prevention of Cruelty to Animals Act 1979 (NSW) (POCTAA or the Act). In our submission, we proposed 13 recommendations, including: an urgent review of POCTAA, its associated Regulations and Codes of Practice, the development and implementation of mandatory welfare standards for pounds and shelters, increased resourcing for targeted, free desexing programs, outreach initiatives in rural and regional areas, and better support for semi-owners of cats. We also emphasised the need for modernised council pound facilities, training for staff in animal behaviour and welfare, and addressing veterinary industry shortages to improve access to care and ensure the successful rehoming of companion animals. Following the inquiry the Committee released a report containing 24 recommendations. In advance of the Government reply, RSPCA NSW responds below to the recommendations: Committee Recommendations RSPCA NSW Response Recommendation 1 - That the NSW Government provide grants to councils and rescue and rehoming organisations to carry out large scale targeted desexing programs across the state, including community cat desexing programs, with a specific focus on disadvantaged communities and areas with large homeless cat populations.Supported - Targeted, free desexing has proven to reduce the intake of cats into pounds and shelters. RSPCA NSW is well placed to implement these programs if funded to do so. RSPCA NSW recommends that criteria be adopted to guide the implementation and utilisation of funding by rescue and rehoming organisations. We also recommend government maximise the opportunity by specifying locations for the rollout of the program so that the work is conducted in as part of a coordinated, methodical approach. Recommendation 2 - That the NSW Government review the need for reforms to ensure that community cats do not have to be microchipped and registered to an individual and can be microchipped and registered to an organisation.Supported - Ideally, all cats should have one or more individuals who take responsibility for their care and welfare. However, it is apparent that there are many cats being cared for in the community by informal rescue or community groups. RSPCA NSW supports amendments to permit cats being microchipped and registered to rescue groups provided there is a person locally responsible for the welfare of the cats. The major barrier to registration (including for passively acquired cats) is the financial impost of the registration fees. This should be reviewed urgently. Recommendation 3 - That the NSW Government seek to amend the Prevention of Cruelty to Animals Act 1979 to clarify that Trap Neuter Release programs are legal.Provisionally Supported - The management of semi-owned and unowned cats is a complex issue, requiring a range of options available to address the problem across a range of circumstances. It is clear that the current approaches to cat management are not effective. Trap-neuter-release (TNR) type programs are only appropriate where they can be well resourced and managed. The main factors which contribute to successful TNR programs that have been identified include a high level of desexing in a targeted area, removal of kittens and socialised adults for adoption, monitoring and rapid desexing of immigrant cats, strong community engagement, support from the community, and ongoing data collection and evaluation. The best outcomes for unowned cats occur when there is someone who is willing to be responsible for their ongoing monitoring and care. Research demonstrates that most unowned cats have one or more caregivers. Therefore, RSPCA NSW supports the resourcing of targeted trapping and desexing programs that include the step of engaging with the relevant communities to designate a caregiver as an owner who will continue to support the desexed cats. This may be more resource intensive than traditional trap-neuter-release programs but is more effective and does a better job of safeguarding cat welfare. It is not clear that any of the above requires the amendment of POCTAA. Given RSPCA NSW’ longstanding concerns about the piecemeal amendment of POCTAA, statutory amendment should not be undertaken to permit TNR programs to be properly conducted. Recommendation 4 - That the NSW Government further investigate the need to provide lower income earners with companion animals specific funding support, with a focus on the evidence linking financial hardship to the surrendering of companion animals in pounds, and make funding available to assist lower income earners to pay for: • Microchipping and registration fees • Food • Behavioural training • Impoundment fees • Secure containment • Veterinary services, including desexing Supported - RSPCA NSW data indicates that financial constraints are a major factor in the relinquishment of animals to our shelters. Common reasons given for surrendering an animal to RSPCA NSW include: • I can't afford them • Animal has a medical condition/ I cannot afford vet fees • I have too many animals RSPCA NSW has formalised a surrender intervention process, for owners who have a bond with their animal and wish to keep them but cannot meet an acute financial need. This includes options for: • Free or subsidised veterinary care through RSPCA NSW or private vet clinics • Free or subsidised behaviour support through RSPCA NSW behaviour clinics • Free food, preventative care and kennels/beds • Crisis boarding RSPCA NSW also provides free and subsidised desexing to prevent animal owners from ending up with too many animals that then require surrendering. Of clients accessing RSPCA NSW's subsidised Access to Veterinary Care program, 50% reported they would otherwise have had to surrender their pet, and 25% would have had to euthanase their pet. RSPCA NSW also spends several hundreds of thousands of dollars every year to support these owners to stay with their pets, but the demand far outweighs our resource capacity. Recommendation 5 - That the NSW Government urgently introduce legislation to ensure tenants can rent with animals and to ensure these laws place the onus on the landlord to apply to the NSW Civil and Administrative Tribunal if they want to refuse an animal.Supported – This is a position RSPCA NSW has communicated in relation to the NSW Government consultation on Keeping Pets in Rental Homes. Recommendation 6 - That the NSW Government implement relevant recommendations set out in the report of the Select Committee on Puppy Farming in New South Wales, including that the NSW Government: • Urgently introduce legislation on puppy and kitten farming in New South Wales • Introduce a cap on the number of female breeding animals that a proprietor of a companion animal breeding business may have lifetime litter limits for cats and dogs used for breeding and staff to animal ratios for companion animal breeding businesses • Introduce a well-resourced breeder licensing scheme in New South Wales that contains robust licensing conditions for breeders • Move towards restricting the sale of dogs and cats in pet shops to those sourced from pounds, shelters, or rescue groups • Ensure proper traceability of animals and breeders to assist both the public and enforcement agencies to identify unethical breeders • Introduce an 'extended liability' scheme whereby breeders are responsible for congenital, genetic and/or other health issues that arise in the first year of an animal's life.Provisionally Supported – Refer to RSPCA NSW submission and subsequent response to the Puppy Farm Bill. Recommendation 7 - That the NSW Government urgently introduce legislative reforms to address backyard breeding.Provisionally Supported - RSPCA NSW supports the introduction of regulatory schemes to ensure that all dog and cat breeding is conducted in an ethical and responsible way. Primarily, an updated Animal Welfare Breeding Dogs and Cats Code of Practice is required to provide detail on the conditions that must be afforded breeding animals and their offspring. Although ‘backyard breeding’ is not a well-defined term, it is understood that this might capture the unplanned and inadvertent breeding of undesexed animals that people own. The litters bred in these situations are at high risk for relinquishment to shelters and pounds. Regulatory amendment is not an effective mechanism for addressing this issue. Efforts, instead, should be directed at accessible and/or incentivised desexing initiatives. Recommendation 8 - That the NSW Government roll out an ongoing public education campaign encouraging New South Wales residents to 'adopt, don't shop' and further educational programs about the lifetime care needs of companion animals.Supported – RSPCA NSW supports education initiatives that encourage people to carefully consider where and how they acquire companion animals. We strongly support the recommendation to include education on how to meet the needs of these animals and appropriate training and handling approaches. Recommendation 9 - That the NSW Government remove the 'annual permit fee' for undesexed cats over 4 months old, to remove this barrier to adopting, microchipping, and registering community cats.Supported - The annual permit fee is presenting a barrier for people wanting to access desexing programs and take responsibility for unowned cats. There is no evidence available to indicate that the permit has had the desired effect of motivating early age desexing of cats. Recommendation 10 - That the NSW Government review the fees and processes associated with the companion animal registration framework, with a view to reduce costs.Supported - RSPCA NSW supports a review of the registration framework to ensure that it is not a barrier to reclaiming pets or taking responsibility for unowned or semi-owned animals. The low compliance with the current registration system suggests it is not an effective framework. Recommendation 11 - That the NSW Government, in consultation with the rescue and rehoming organisations and other key stakeholders, enhance and standardise annual reporting of pound data to the Office of Local Government, including by requiring council pounds to collect and report on the reasons for animal surrenders.Supported - RSPCA NSW collects and publishes detailed animal outcomes data annually. Similar data from the pound sector and animal rescue organisations in a coordinated and standardised way, would be helpful to understand more completely the challenges associated with rehoming stray and unwanted animals. Recommendation 12 - That the NSW Government provide increased funding for council pounds and call upon local government authorities to provide increased funding for council pounds.Supported - Council pound facilities must be resourced appropriately to meet their responsibilities for preventative animal management as well as quality care of animals entering the facilities. This funding should be linked to a mandatory Animal Welfare Code of Practice for Pounds to ensure that the funding is deployed to the priority areas of infrastructure, environment, physical and emotional health care, and staff training. Funding should also extend to ensuring that all Council Pounds are equipped to appropriately care for and shelter cats, and begin taking them in. It is RSPCA NSW’s experience that many Councils in NSW refuse cats presented to their pounds. Recommendation 13 - That the NSW Government commission a report to determine the appropriate amount of funding required to support council pounds across New South Wales.Supported - To make this determination, a minimum standard of care for animals in pounds must be defined. Subsequently, a mandatory Animal Welfare Code of Practice must be developed to guide the cost of care of animals within pounds. It also must be based on the ‘real’ number of stray animals, including cats and not just the number recorded currently by council pounds as their intake. RSPCA NSW’s experience is that there are a significant number of stray animals that flow through organisations and rescue groups that are not affiliated with Council Pounds and these numbers must be quantified and factored in if we are to have a robust budget allocation for Council Pounds across NSW. Recommendation 14 - That the NSW Government require councils to publicly report budget allocations for pound operations.Supported - RSPCA NSW supports transparency in all animal welfare and management reporting, including financial allocation and expenditure. Recommendation 15 - That the NSW Government develop an enforceable Code of Practice containing standards for construction, and the care and housing of companion animals, in New South Wales pounds, including, but not limited to: • Minimum space requirements for animals • Quarantine and isolation areas • minimum size for exercise areas for animals, as well as minimum requirements (including time) for exercise • Housing design that ensures animals’ health, welfare, physiological, psychological, behavioural, and social needs are met • Appropriate heating, cooling, air quality, ventilation, lighting, and noise control • Separation of dogs and cats in pound facilities, so they cannot see, hear, or smell each other, and consideration of other species if the pound is not limited to cats and dogs • Other requirements including access to veterinary care, appropriate first aid facilities, food storage, waste removal, hot and cold running water, vaccinations, and desexing Supported - The Code of Practice is required as a matter of urgency to protect the welfare of animals in pounds and allow for enforcement of a minimum required welfare standard. To reflect the Five Domains of Animal Welfare, the Code must also include details on how humans are to interact with the animals. This should be supported by a minimum knowledge and competency requirement for staff working with, and making decisions for, the animals. Recommendation 16 - That the NSW Government review and update the Companion Animals Act 1998, including to further specify the obligations of councils regarding companion animals’ management.Supported – A review of the Companion Animals Act 1998 (NSW) (CAA) is urgently required. The current legislation is not fit for purpose and results in gaps and inconsistencies with other legislative instruments, particularly POCTAA. Recommendation 17 - That the NSW Government introduce reforms to give the POCTA enforcement agencies powers to enforce the Companion Animals Act 1998 in relation to New South Wales pounds, and ensure adequate funding is secured for POCTA enforcement agencies undertaking this work.Partially Supported - On the basis that there is a wholistic review of the CAA, POCTAA, its Regulations and the development of a Pounds Code of Practice, in addition to those charged with enforcing the legislation, are fully funded. Recommendation 18 - That the NSW Government introduce reforms to make it mandatory for New South Wales pounds to desex and vaccinate all animals before they are adopted, and support councils to implement these reforms with appropriate funding.Supported - RSPCA NSW supports animals being adopted with the appropriate preventative health care measures, especially desexing. However, any regulatory amendment, supporting policy and funding arrangement, must recognise the interplay between the veterinary industry shortage, length of stay, capacity for care and animal welfare and associated enforcement obligations. Recommendation 19 - That the NSW Government develop a new oversight and enforcement framework to empower enforcement agencies to conduct routine audits, and regular and unannounced inspections in New South Wales pounds.Supported - A review of POCTAA, its Regulations, and the development of an Animal Welfare Code of Practice for Pounds is required to best support the auditing and enforcement of animal welfare requirements in pounds. Currently, the Prevention of Cruelty to Animals Regulation 2012 (NSW) (POCTAR or the Regulation) provides for a series of trades that may be subject to proactive auditing against a Code of Practice. Pounds require inclusion within this list of trades. Because of the extremely high volume of cruelty complaints requiring investigation, RSPCA NSW Inspectors have limited capacity for proactive auditing of trades. In the same way that a Breeder Compliance Unit has been developed to focus on oversight of this industry, the same is possible for the pounds sector, but only with sufficient resourcing. Recommendation 20 - That the NSW Government provide ongoing grant funding to rescue and rehoming organisations.Supported - It is appropriate that the government recognise the vital role that volunteer, and charity organisations play in supporting animal management issues in NSW. The financial and emotional burden of care associated with this work is immense. However, funding should be linked to compliance with an animal welfare code of practice for shelters to ensure that an acceptable standard of care is being delivered. Recommendation 21 - That the NSW Government undertake a campaign to support community members to become foster carers with their local rescue and rehoming organisation and promote collaboration between foster care networks and New South Wales pounds.Supported - Foster care programs require significant training investment and management to ensure public safety, animal welfare and risk minimisation, including infectious and zoonotic disease control. Recommendation 22 - That the NSW Government implement relevant recommendations in Portfolio Committee No. 4 – Regional NSW's Veterinary workforce shortage in New South Wales report, including that the NSW Government: • Consider amending the Companion Animals Act 1998 to ensure local government authorities collect stray animals from licensed veterinary clinics, and to ensure that appropriate funding is provided to local government authorities to ensure that there is a consistent interpretation of the Act across all local government areas • Consider amending the Veterinary Practice Act 2003 and other relevant legislation to ensure that mobile veterinary clinics can be easily registered to deliver veterinary care, particularly in areas with no clinic within a reasonable distance. Any changes must ensure mobile clinics work collaboratively to ensure they can provide essential additional veterinary services without causing detriment to local clinics. • Seek to introduce a regulatory framework for veterinary nurses and veterinary technicians in New South Wales • Review the Veterinary Practice Act 2003 to determine whether some restricted acts of veterinary science could be extended to veterinary nurses and technicians who are regulated under the same legislative framework • Investigate strategies to best ensure veterinary care for pet owners, particularly low-income earners can be made more affordable • Investigate providing subsidised vet care to low-income earners, pensioner, and animal rescue groups • Consider options for trialling companion-animal friendly public transport.Supported - The intersection between the veterinary shortage and the challenges with accessing timely and affordable vet care for private citizens, organisations and other rescue groups is undeniable and a critical key to the effective implementation of any of the recommendations within this report. Refer to RSPCA NSW submission to the NSW Veterinary Shortage Workforce Inquiry. Recommendation 23 - That the NSW Government, in consultation with key stakeholders, develop a behavioural assessment protocol that requires all behavioural assessments to be conducted by staff that have been trained in this area (ideally, by a qualified behaviouralist and in a foster care environment) and in manner that is consistent with current research.Provisionally Supported - There is no evidence that behaviour tests have a significant predictive value so the contents of any protocol would need to be evidence-based and not include any prescriptive or provocative testing elements. However, it is important that trained and qualified individuals make some assessment of an animal’s behaviour prior to outcome decision making. The success of this recommendation also hinges on an effective and appropriately resourced education, training and employment framework surrounding animal behaviour. Recommendation 24 - That, in addition to Recommendation 11, the NSW Government make the following revisions to annual reporting of pound data to the Office of Local Government: • The reason for euthanasia currently classified as 'feral/infant' be split into 'infant' and 'behaviour' • Report reasons for 'owner-requested euthanasia' • Report reasons for animals being classed as 'unsuitable for rehoming'Supported - There is a need to clarify and refine the euthanasia reasons to ensure meaningful reporting and to permit evaluation and assessment of interventions in this context.
