Animal cruelty includes any act or failure to act that causes an animal to suffer unnecessarily. Situations that may form the basis of a cruelty complaint include:

• animals left in vehicles or exposed to extreme heat or cold without adequate shelter
• animals not provided with proper food or clean water
• animals that are physically hurt, abused, or mistreated
• animals that are not treated after injury or illness
• animals abandoned or left without regular care
• animals kept in environments unsuitable for their size, breed, age, or health condition
• animals used in illegal activities, such as dog or cock fighting

In NSW, three organisations are authorised to enforce the Prevention of Cruelty to Animals Act 1979:

• RSPCA NSW
• Animal Welfare League NSW
• NSW Police

When lodging a complaint, please be prepared to provide the following:

• Your name, address and telephone number - this information will be kept in the strictest confidence, however, it is required to investigate a complaint.  Further, the investigating officer may need to contact you to verify details of the complaint.
• The location of the animals - if this is at a fixed location, you will need to provide the address details.  If the animals are located on or within a vehicle, you will need to provide the registration details, and a description of the vehicle.
• The people involved - if you have the information, the name and phone number of the person/s involved in the offence will be taken.  If not, a clear description of all people involved should be provided.
• Your concern about the animals - you need to provide information about the type and number of animals involved, the problem, and as much detail as possible about the animal's condition.
• Time and date of the alleged offence - you will need to advise of the date and time when you noticed the problem.
• Any other information - if you are aware of any information which will help the inspector to investigate the complaint, for example if there are savage dogs, if the people involved are known to be violent, or the names and addresses of other witnesses to the cruelty.

Please be aware that providing false or misleading information is an offence under the Prevention of Cruelty to Animals Act 1979.

An inspector will investigate the complaint, and make a decision based on the evidence he/she can find as to what will be done.

The inspector may take one or more of the following actions:

• provide advice on appropriate care
• officially warn the person/s
• issue directions to the owner to address welfare issues
• issue an infringement notice
• collect evidence to begin a prosecution
• seize the animal/s.

The inspector may then re-visit to ensure that directions or advice have been followed, and if they have not, may elect to take other action.

To make a complaint under the Exhibited Animals Protection Act 1986 about the treatment or condition of an animal in:

• a zoo, fauna park, or oceanarium
• a circus
• a mobile reptile display
• a mobile animal nursery or
• some other type of animal exhibit.

Email: quarantine@dpi.nsw.gov.au
Phone: 1800 680 244

If you have a concern for the welfare of an animal used in research or teaching in NSW, please visit the Animal Ethics Infolink for information about lodging a complaint.

No. The Department of Primary Industries and Regional Development is not an enforcement agency under the Prevention of Cruelty to Animals Act 1979. While DPI administers the Act, it does not have enforcement powers.

Cruelty concerns should be reported to one of the authorised enforcement agencies:

• RSPCA NSW
• Animal Welfare League NSW
• NSW Police

The primary purpose of an inspection is to ensure that animals are being cared for appropriately.

Inspections are usually triggered by a complaint made to one of the animal welfare enforcement agencies. Once a complaint is received, the agency will assign an inspector to investigate by visiting the premises in question.

If the concern involves the welfare of livestock, the enforcement agency may request support from Local Land Services to provide expert advice. A visit from an enforcement agency does not automatically lead to a penalty notice or prosecution.

Providing false or misleading information is an offence under the Prevention of Cruelty to Animals Act 1979. False or vexatious complaints are taken seriously and may be subject to investigation.

Authorised inspectors will often seek the consent of the property owner or occupier before entering to carry out an inspection.

However, inspectors may enter private property without consent if they reasonably suspect that an offence under the Prevention of Cruelty to Animals Act 1979 or its Regulation is being, has been, or is about to be committed in relation to an animal.

Inspectors may also enter land without consent where animals are kept or used for commercial purposes, in order to assess animal welfare and/or gather evidence. This includes land where animals are used or kept in connection with any trade, business, or profession — for example, a saleyard.

If an enforcement agency visits your property, the best approach is to cooperate with the inspectors.

Remember, the primary purpose of inspections is to ensure that animals are being appropriately cared for.

Authorised inspectors can provide advice and education and issue instructions to the person caring for the animals to improve animal welfare outcomes.

You are encouraged to answer the inspector’s questions openly. If you are given advice or instructions, make sure you fully understand what is required — don’t hesitate to ask questions if anything is unclear.

If you need a translator or other support to help you participate in the discussion, let the inspector know so appropriate assistance can be arranged.

Inspectors authorised under the Prevention of Cruelty to Animals Act 1979 may enter land to examine animals and gather evidence if there are reasonable grounds to suspect that an offence is, has been, or is about to be committed in relation to an animal.

Inspectors have a range of options available to resolve animal welfare cases - beginning with no action taken, to seizure, the provision of veterinary treatment, or euthanasia of animals in more serious cases.

In most cases, inspectors aim to resolve animal welfare issues by providing education and advice to the owner or person in charge. They may also issue written instructions to guide improvements in animal care.

Inspectors are required to apply procedural fairness when investigating complaints. This means they follow fair and proper processes when deciding how best to improve animal welfare outcomes.

It’s important to note that not all complaints will lead to enforcement action. Each situation is assessed individually, and outcomes depend on the evidence and circumstances involved.

If an inspector provides you with advice or issues you with written instructions, be sure you understand what is required and ask questions if you need to.

You must follow written instructions within the time frame specified.

An inspector may revisit a property following the initial inspection to ensure that directions or advice have been followed. If directions have not been followed and the animal/s remains at risk, an inspector may elect to take additional action.

Failure to comply with written instructions without a reasonable excuse, is an offence under the Prevention of Cruelty to Animals Act 1979.

If you need a translator or any other support to understand or comply with instructions, it’s important that you ask for assistance.

A visit from an enforcement agency will not necessarily result in enforcement action being taken.

In the majority of cases, enforcement agencies will seek to resolve animal welfare issues through the provision of education and advice.

The enforcement agencies consider a range of factors when deciding whether to prosecute for breaches of the Prevention of Cruelty to Animals Act 1979 or Regulation.

Depending on the circumstances, an inspector may take one or more of the following actions to improve animal welfare outcomes:

• provide advice on appropriate care
• officially caution the person/s
• issue written directions to address welfare issues
• issue a penalty infringement notice
• collect evidence to begin a prosecution
• immediately seize any animal found to be in distress.