What is tail docking?
To dock the tail of an animal means to remove all or part of the tail of the animal (other than a part of the tail consisting only of fur, hair, feathers or the like), whether by surgical or other means.
On 1 June 2004 it became an offence under the Prevention of Cruelty to Animals Act 1979 to dock the tail of a dog in NSW.
POCTA is enforced by the NSW Police, RSPCA NSW and the Animal Welfare League NSW.
The maximum penalty for this offence is $5,500 for individuals or six months imprisonment, or $27,500 for corporations.
Exceptions
- A dog’s tail can only be docked if the procedure is performed by a veterinary practitioner and it is in the interests of the dog’s welfare.
Any person that is not a registered veterinary practitioner who docks a dog’s tail is liable for prosecution. Any veterinarian who docks a dog’s tail not in the interest of the dog’s welfare is also liable for prosecution.
What situations are likely to be regarded as 'in the interests of the dog's welfare'?
A registered veterinarian can decide if tail docking is in the interests of a dog’s welfare.
Situations in which a veterinarian may decide that a dog’s tail should be docked may arise in response to damage, disease or other abnormality that are considered as likely to cause the dog continuing pain, dysfunction or behavioural problems or be a risk to the dog’s health.
What situations are not likely to be regarded as 'in the interests of the dog's welfare'?
Veterinarians, breeders and owners should be aware that the purpose of the legislation is to ban tail docking for 'routine', 'prophylactic' or 'cosmetic’ purposes, which has been traditional for many dog breeds.
It is generally considered inappropriate to dock the healthy tail of a dog for the prevention of a possible future painful event.
Although each situation will be considered on its merits, enforcement agencies can investigate any tail docking. The enforcement agencies consider a range of factors when deciding whether to prosecute for breaches of the Prevention of Cruelty to Animals Act 1979 (the Act) or Regulation.
An enforcement officer who reasonably suspects that the Act has been contravened after 1 June 2004 has the power to require information, from a breeder or owner who has puppies or dogs, concerning the tail docking of those animals.
Is there an exemption for tail docking puppies that are less than a certain age?
No. It is an offence under the Prevention of Cruelty to Animals Act 1979 to dock the tail of any age of dog in NSW.
What can a dog breeder do if they have puppies that are born with bob tails?
Dog breeders should keep accurate records regarding the breed, take photographs of newborn pups and show reliable witnesses the animals soon after birth. This is recommended particularly for dog breeds where bob tails are uncommon. It could be useful to obtain a supporting statement from your veterinarian if you believe you may be challenged over the occurrence of a short tail on your dog.
Is the ban being implemented Australia wide?
Yes.
In 2002 the Primary Industries Ministerial Council agreed in principle to a nationally coordinated ban on the routine tail docking of dogs for non-therapeutic purposes. Each state and territory has its own animal welfare laws, so each one had to introduce its own ban.
The key elements of the ban are that non-therapeutic tail docking of dogs is prohibited and therapeutic tail docking is only able to be carried out by a registered veterinarian.
All jurisdictions have introduced bans effectively limiting tail docking of dogs to therapeutic situations only.