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NSW Department of Primary Industries and Regional Development

Prevention of Cruelty to Animals Amendment (Transparency and Fit and Proper Persons) Act 2024

What does the Act do?

The Act amended the Prevention of Cruelty to Animals Act 1979 (POCTAA) to increase transparency in Approved Charitable Organisation (ACO) enforcement activities and to strengthen animal welfare protections by expanding the fit and proper person regime currently legislated under POCTAA.

Key amendments

Increasing transparency and accountability of approved charitable organisations
  • Clarifying that the ACOs (RSPCA NSW and Animal Welfare League NSW) are subject to the requirements of the Government Information (Public Access) Act 2009 (which sets out how members of the public can access government information) in relation to their POCTAA enforcement functions.
  • Subjects ACOs to the oversight of the NSW Ombudsman with respect to their statutory enforcement functions.
  • Enhances the information required to be provided by the ACOs to the Minister in their annual reports and requiring those reports to be tabled in Parliament.
  • Making changes to the appointment process for ACO officers and inspectors to include terms of appointment; require identification showing evidence of appointment; and making it an offence for failing to comply with a direction to return evidence of appointment.
Fit and proper person regime
  • Extending the circumstances in which a Court must make a disqualification order to also apply where the Court has found a person guilty of either repeat or multiple section 5 animal cruelty offences. The Court will retain its discretion to decide not to make a disqualification order if it is satisfied that special circumstances exist.
  • Providing that a Court may make a disposal or disqualification order where a person has been found guilty of an animal cruelty offence or where a person has been dealt with under the provisions of Mental Health and Cognitive Impairment Forensic Provisions Act 2020 in relation to an animal cruelty offence.
Information sharing
  • Introduces information sharing provisions enabling relevant agencies to collect, use or disclose information if it is reasonably necessary for the purposes of administering or enforcing POCTAA or the regulations.

When does the Act commence?

The legislation was passed by Parliament on 7 August 2024. The provisions of the Act are now in force.