AVA Member Input Needed for the Review of NSW Companion Animal Laws

28 Feb 2025

Review of the NSW Companion Animals Act 1998

The NSW Office of Local Government (OLG) is currently reviewing the Companion Animals Act 1998 (CA Act), and it is crucial that veterinary perspectives are included in this process. AVA members are encouraged to contribute to this important review through the AVA and individually.

The review aims to update the CA Act to address key issues such as:

  • clarifying the roles of those involved in managing animals
  • achieving consistency in animal management processes
  • training for enforcement officers
  • implementing recommendations from the coronial inquest into dog attacks

It will also explore actions taken in other jurisdictions and the role and enforcement responsibilities of councils. Key issues under consideration include:

  • cat management
  • preventing dog attacks
  • pounds and rehoming services
  • registration and desexing
  • stakeholder roles and responsibilities and the regulatory tools available under the legislation
  • responsible pet ownership education and training

To inform the review, the OLG has released a discussion paper for consideration and a submission form to shape feedback.  The OLG form asks the following questions in the three focus areas:

1. Strategic framework for encouraging responsible ownership of companion animals 
     a)    Do you support the CA Act being amended to focus more on encouraging responsible pet ownership outcomes over  strict compliance processes?
     b)    How can responsible pet ownership education be used to manage menacing or dangerous dogs?
     c)    How could the legislation be improved to motivate better dog owner behaviour and encourage owners to manage their dogs more responsibly? (For example, what does responsible dog control in public look like?)
     d)    How could the legislation be improved to motivate better cat owner behaviour and encourage owners to manage their cats more responsibly? (For example, cat containment)
     e)    Are there other matters that should be considered?
2. Compliance and enforcement role of councils 
     a)    What changes to NSW laws, regulations, codes or guidelines could be provided to councils and other enforcement authorities to better support responsible pet ownership?
     b)    How could NSW laws, regulations, codes or guidelines be improved to support councils to better manage dangerous and restricted dogs?
     c)    Are the current enforcement provisions under the Act (including penalties for offences - see Appendix B of the discussion paper) appropriate? If not, what enforcement provisions should be changed?
     d)    Are there other compliance and enforcement matters that should be considered?
3. Companion animal population and rehoming
     a)    What more could be done to reduce stray and homeless cats and dogs in NSW?
     b)    What changes can be made to NSW laws, regulations, codes or guidelines to reduce the number of companion animals entering the pound and rehoming system in the first place?
     c)    For companion animals needing to enter the ‘pound’ system, what could be done to increase rehoming?
     d)    Are there other dog and cat population and rehoming matters that should be considered?

How to Get Involved

A collective AVA submission carries weight, but individual submissions from veterinarians further reinforce our key messages and demonstrate widespread industry support.

To maximise impact, we encourage members to contribute to AVA representations and provide individual feedback to government. Engaging in both strengthens the profession’s influence, ensuring veterinary expertise is recognised in NSW Government policy decisions.

The OLG consultation period is open from 26 February 2025 to 4 May 2025.

To ensure your contributions inform the AVA’s submission, please provide your feedback to AVA Senior Advocacy Officer, Liz.Gemes@ava.com.au by 31 March 2025. This will allow us sufficient time to collate responses and develop a comprehensive submission on behalf of AVA members.

You can make your own submission to OLG by the 4 May 2025 here.

AVA Recent NSW Advocacy on the Issues with the NSW Management of Strays, Cat Populations, and Pounds

The AVA have made extensive representatives advocating on the issues experienced by veterinary practices regarding the management of strays and pounds in NSW. 

AVA Key Advocacy Points include:

Veterinary practices often are the first port of call for many people who have found stray dogs, cats or litters and other community requirements in respect to animal care and reliable information. The community has a perception and/or preference to bring stray dogs and cats to veterinary practices instead of direct to council rangers and pounds through the important and regulated role of veterinarians for animal health and welfare and public safety.

The issues with veterinary practices often being the entry point for strays in the rehoming process but without the support to do so, is clearly demonstrated in the results from the September 2022 AVA survey: stray and veterinary practices engagement with NSW councils/pounds. The survey results include:

  • 96% of respondents advise they receive stray dogs and cats at their veterinary practices.
  • 81% advised they don’t receive payment for looking after strays.
  • 92% advised the payment does not cover the practices full costs for housing and treating strays.

The provision of services by council pounds is extremely challenging, especially if the animal is diseased or injured. Some councils work with private veterinary practices to provide care and temporary housing where council pounds are not open or accessible when required by the public. However, these arrangements are not consistent across all local government areas.

AVA Recent Submissions Include: 

AVA Recommendation 3.3 Stray Animals and Pounds - The AVA urgently calls upon the NSW Government to fund the investigation and implementation of a state-wide consistent policy for the interaction between local government and veterinary practices in management of stray dogs and cats. 

The report from the Inquiry into Pounds in NSW examined these issues and acknowledged the:

  • the lack of recompense provided to vets who board and treat stray animals presented to them by members of the public, and cost shifting from government authorities to veterinary clinics. The committee also recognised that 'local government authorities vary in their interpretation of the Companion Animals Act 1998 and how they manage strays
  • that veterinarians generally do not receive payment for the care of stray animals, and that if payment is provided, it does not cover the full cost of housing and treatment.

AVA Recommendation 9: The AVA calls upon the NSW Government to explore solutions that support the veterinary sector in its role with stray animals, addressing the key issues outlined and promoting overall animal health, welfare, and public health.

The report from the Inquiry into Veterinary Workforce Shortage in NSW included the following recommendation and findings:

Recommendation 2 – That the NSW Government consider amending the Companion Animals Act 1998 to: ensure local government authorities collect stray animals from licenced veterinary clinics and ensure that appropriate funding is provided to local government authorities to ensure there is a consistent interpretation of the Act across all local government areas.

Finding 3 - That veterinarians provide a significant public good by providing services to injured wildlife, and stray, lost and homeless animals that is not currently appropriately recompensed by the NSW Government.

Finding 6 - That veterinary practices in New South Wales are financially vulnerable due to:

    • the cost of maintaining and delivering the standard of veterinary care expected by the public and required in the current regulatory environment
    • the ability of clients to pay for care
    • the expectation that discounted or free care will be provided to strays and injured wildlife
    • the rising cost of salaries due to the veterinary workforce shortage.

AVA Recommendation: The AVA urgently calls upon the NSW Government to investigate and implement state-wide consistent policy for the interaction between local government and veterinary practices in management of stray dogs and cats. This policy needs to address the issues identified with the stray animal intake process to councils, the management of injured strays, including reimbursement for veterinary treatment, housing, and arrangements addressing the associated financial impacts on veterinary practices for receiving/treating/housing strays.

Of Note, Extracts from OLG Resources to Councils Informing Their Responsibilities Regarding Strays

Guideline on the Exercise of Functions under the Companion Animals Act

6.7 Injured stray animals

6.7.1 Under the provisions of the Prevention of Cruelty to Animals Act 1979, any member of the public who finds an animal that is injured may take the animal to a vet for treatment rather than immediately contacting council.

6.7.2 If the vet is an approved person under section 62A and therefore authorised to have access to the Register, they should search the Register and make any necessary enquiries to find out who the owner of the animal is and reunite the animal with its owner.

6.7.3 Vets that are not authorised to access the Register for the ‘animal search' function should contact their local council within business hours to find out the owner’s contact number.

6.7.4 If ownership of the animal cannot be established, or the owner cannot be contacted, the vet should notify council as soon as possible and make arrangements to transfer the animal to the pound

Guideline for approved persons to access the NSW Companion Animal Register

Councils’ responsibility

3.2.15 Councils will be advised by the Office of Local Government of approved premises that are operating in the council area. This is important to ensure that councils are aware of all persons in their area that are able to accept lost, stray or injured animals.

3.2.16 Councils are encouraged to liaise closely with approved premises in their area and consider entering an agreement to address issues such as:

(a) procedures for notifying council of a lost animal where the owner cannot be located

(b) how animals will be transferred to the council’s pound facility

(c) recording information about animals that have been delivered to approved premises and the contact details of the person that delivered the animal and the name and contact details of the person that collected the animal

(d) ensuring that approved persons are aware of any council policies relating to cats and dogs management

3.2.17 Councils must cooperate with approved premises in cases where the owner of an animal is unable to be identified. If an approved person is unable to identify an animal’s owner they can contact council at any time within a period of up to 72 hours from accepting the animal. The approved premises must contact council when it has been held for 72 hours.

3.2.18 The animal then becomes the responsibility of the council in the area the approved premises is located. The council must accept and facilitate delivery of the animal to its owner or to council’s pound facility.

Office of Local Government Circular - Cat Management requirements for councils.

  • Councils are reminded of their cat management responsibilities and of available companion animal and responsible pet ownership resources.
  • Councils are reminded of certain requirements under the Companion Animals Act 1998 (CA Act) in relation to the management of cats, including:
    • cats may be lawfully seized in specific circumstances and, where that is the case, the cat must be delivered to its owner, a council pound or other approved premises,
    • it is implicit from the CA Act that a council must have a pound in order for it to properly discharge the functions which the CA Act confers on it,
    • a council must accept a cat that was lawfully seized by a member of the public under the CA Act and must accept cats from approved premises in the circumstances set out in section 63A of the CA Act, and
  • Before exercising any of its functions, a council must also take into consideration the Guidelines on the Exercise of Functions under the Companion Animals Act issued by the Office of Local Government. Section 6.5 of these guidelines state:
    • the provisions of section 64A of the CA Act apply to surrendered animals, and
    • council pounds should not refuse to accept surrendered animals, which are those that have come into the possession of a council pound, but have not been seized under the Act, and may include animals that have been given up to the pound by their owners, or lost or injured animals that have been ‘rescued’ by the public.
  • Councils receive significant ongoing revenue from the Companion Animals Fund (Fund) to undertake companion animals’ functions, drawing on local registration fees for this purpose. Any money paid to a council from the Fund can only be used by the council for the management and control of companion animals in its area.
  • Councils who fail to appropriately manage cats in their area can greatly contribute to local cat management issues and place an unreasonable burden on their community, neighbouring councils, rescue groups and local veterinarians.