GIVE ME SHELTERSouth Australia's new dog and cat laws: a guide for shelter and rescue organisations

Information for Animal Shelters and Rescue Organisations

(Called ‘Shelters’ in this paper)Please note, rules are slightly different for the RSPCA and AWL, who are specifically referred to in the Dog and Cat Management Act 1995.

TABLE OF CONTENTS:3. Licensing of shelters3. Dog registration3. Cat registration4. Seizing, detaining and re-homing dogs and cats6. Microchipping7. Desexing7. Breeder registration7. Selling dogs and cats8. Animal welfare standards and guidelines8. Euthanasia9. Working with councils9. Other issues shelters should consider

Dog and Cat Management BoardGPO Box 1047Adelaide SA5001

Phone: 8124 4962Email: dcmb@sa.gov.auwww.dogandcatboard.com.au

Licensing of Shelters Current Rules (until 30 June 2017) Rules after 1 July 2017

Rules after 1 July 2018

Are Shelters in SA required to be licensed or approved?

Unlike Victoria, there is no licensing or approval system for Shelters in SA. However, you may need development approval from your council for structures you build or if you change the use of your property.

Same Same. However, a Shelter may also be a ‘breeder’. See ‘Breeder Registration’, below.

Dog registration Current Rules (until 30 June 2017) Rules after 1 July 2017

Rules after 1 July 2018

Do Shelters need to register dogs in their care?

Yes. All dogs over 3 months of age must be registered

If a Shelter has become an owners or responsible for a dog for more than 14 days, they become responsible for registration (with the exception of the RSPCA, AWL and SE AWL).

Same Same

Are animal shelters or rescue organisations exempt from registering dogs?

No. As a general rule, Shelters are not exempt from dog registration.

Special conditions apply to the RSPCA and Animal Welfare League.

Same Same

Are foster carers, who look after a dog on behalf of a Shelter, exempt from dog registration?

No. The law treats foster carers in the same way as people looking after dogs. . If a foster carer has become responsible for a dog (over 3 months of age) for more than 14 days, they become responsible for registration.

Same Same

Is registration cheaper for a ‘rescue dog’?

Dog registration fees are decided by each of the 68 councils in SA. Some councils offer discounts to dogs sourced from the RSPCA or AWL, often in the first year. As far as we are aware, no council offers a dog registration discount to other Shelters.

Same, however, councils can change their fees and the discounts they offer at any time.

Same, however, councils can change their fees and the discounts they offer at any time.

Cat Registration Current Rules (until 30 June 2017) Rules after 1 July 2017

Rules after 1 July 2018

Do I need to Register my cat?

Some councils do require the registration of cats. Owners in other council areas do not need to register their cat. It may be advisable to check with your council before your kitten is three months old.

Same Same

Are Shelter or foster carers exempt from registering cats?

In those council areas where cat registration applies, the relevant by-laws generally treat Shelters and foster carers in the same was as other cat owners.

Same Same

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Seizing, Detaining and Re-homing Dogs and Cats

Current Rules (until 30 June 2017) Rules after 1 July 2017

Rules after 1 July 2018

A member of the public has delivered a dog or cat to my Shelter. Do I have the right to detain it? Do I become the owner?

If someone a gives you a dog or cat, ask how they came into possession of the animal, if it is theirs and if they have the right to give it to your shelter. If you do not have any rights to possess an animal, acceptance if the animal may constitute possession of stolen property or a ‘Trespass to goods’ and may result in legal action against the shelter holding it.

Same Same

What if the dog or cat has been abandoned?

If goods (including animals) have been left behind at a residential property, they may need to be disposed in accordance with the Unclaimed Goods Act 1987.

Abandonment is also an offence under the Animal Welfare Act 1985 so an animal welfare inspector may take the animal for care and rehoming (if it is not claimed by the original owner).

Example: A tenant leaves their rental property and does not take their dog with them. The owner/property manager may follow the procedure in the Unclaimed Goods Act, to sell or dispose of the dog. If the procedure in the Act is followed, the property manager may give the dog to an animal shelter. The shelter will then become the owner.

If the procedure in the Unclaimed Goods Act is not followed, the shelter may not have any rights to detain or rehome the dog. Alternatively, the property owner may call the RSPCA to intervene and collect the animal.

Same Same

If I see a wandering dog, can I seize it?

Generally only authorised officers from councils have a legal right to seize a wandering dog.

Certain other officers (eg National park rangers) also have powers to seize and detain. If the dog is posing a threat to itself or the public by roaming, you may restrain or confine the dog and alert the local council of the fact as soon as you have done so.

Same Same

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Seizing, Detaining and Re-homing Dogs and Cats (cont)

Current Rules (until 30 June 2017) Rules after 1 July 2017

Rules after 1 July 2018

If I see a wandering cat, can I seize it?

Unidentified cats

Unlike dogs, it is not an offence under the Act for a cat to wander. However, some councils do have By-laws, setting cat curfews or requiring cats to be confined. Any member of the public can seize and detain an unidentified cat, provided that, within 12 hours, they take it to:

• A Vet

• The RSPCA

• The AWL

• A council Cat Management Officer (NB most councils have not appointed these).

Identified Cats

A member of the public has no right to seize or detain a cat that is identified.

Any identified cat that is accidentally trapped or detained should be returned to its owner.

Councils will have the power to nominate other facilities, to which members of the public can deliver a seized cat (s64(2)(c)).

Please contact your council if you would like them to nominate your Shelter.

Note that the Act is silent on the possible financial arrangements between councils and Shelters. Parties would need to reach agreement on terms and conditions.

Same as 1 July 2017.

What about if the cat is more than 1km from the nearest place of residence.

If any cat is found more that 1km for the nearest place of residence then any person may lawfully destroy it.

Note this is 1knm away from the nearest residence, not 1km away from the cat’s residence.

Same Same

What does “Identified Cat” mean?

A cat is identified if:

• it has a collar with an identification tag; or

• it is microchipped.

Same Same

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Microchipping Current Rules (until 30 June 2017) Rules after 1 July 2017

Rules after 1 July 2018

Do Shelters need to microchip dog and cats in their care?

No. However, the DCM Board encourages all owners to microchip dogs and cats.

No. However, the DCM Board encourages all owners to microchip dogs and cats.

Owners will have an obligation to microchip dogs and cats by three months of age. Owners must also microchip dogs and cats before it is sold.

If a dog or cat is “habitually in the apparent ownership of a person”, that person will be taken to be the owner for the purpose of the microchipping rules. (New section 5(2)).

On that test, it is likely that the Operator of a Shelter will be deemed by the Act to be the owners of many of the dogs and cats in their care.

Note that section 5(2) deems certain people to be an owner for the purpose of the allocating responsibility for microchipping and desexing. Section 5(2) does not transfer ownership of the dog or cat from the original owner.

Can anyone implant a microchip?

Yes, provided that they do not ill-treat the animal.

Same. No. New laws will regulate who can implant a microchip.

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Desexing Current Rules (until 30 June 2017) Rules after 1 July 2017

Rules after 1 July 2018

Do Shelters and Animal Rescue groups need to desex dog and cats in their care?

No. However, the DCM Board encourages all owners to consider desexing dogs and cats.

No. However, the DCM Board encourages all owners to consider desexing dogs and cats.

Owners will have an obligation to desex dogs and cats by six months of age. This obligation will apply to dog and cats born after 1 July 2018.

A range of exemptions will apply (eg for breeders).

If a dog or cat is “habitually in the apparent ownership of a person”, that person will be taken to be the owner for the purpose of the desexing rules. (new section 5(2))

Breeder Registration Current Rules (until 30 June 2017) Rules after 1 July 2017

Rules after 1 July 2018

Do breeders of dogs or cats in SA need to register with their council?

No. No. From 1 July 2018, all breeders of dogs or cats who sell an animal they have bred will be required to register with the Dog and Cat Management Board. An annual administration fee will apply. If a Shelter is also a breeder, this new requirement will apply.

Selling Dogs and Cats Current Rules (until 30 June 2017) Rules after 1 July 2017

Rules after 1 July 2018

Do I have a right to sell or give away a dog or cat in my care?

Whilst living creatures, the law treats dogs and cats as property. Acting inconsistently with another person’s property rights could expose a shelter to theft charges. Unlike councils, the RSPCA and AWL, the Act does not give Shelters any special rights to sell or give away dogs and cats. It is important to ensure that the previous owner has transferred ownership or given the shelter permission, before it is sold or given away.

Same Same plus new obligations to disclose information to a purchaser of a dog or cat.

All advertisements for dogs and cats must contain minimum information.

What if a dog or cat in my care is contagious or has a dangerous temperament?

Even if a Shelter has a right to sell a dog or cat, they should not do so if this would pose a threat to community safety.If you suspect the animal is sick or injured, you should consult a Vet. If you have concerns over the temperament of a dog, you should consult with your council, the RSPCA or AWL.

Same Same

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Animal Welfare Standards and Guidelines

Current Rules (until 30 June 2017) Rules after 1 July 2017

Rules after 1 July 2018

In 2016, the Government released new Codes of Practice for breeders and traders of dogs and cats. Do these apply to Shelters?

None. If you sell or exchange dogs or cats, it is likely that these Standards will be mandatory. These Standards have requirements about cage sizes, hygiene, staff training and many other issues. They will come into operation from 1st August 2017.

If you sell or exchange dogs or cats, it is likely that these Standards will be mandatory. These Standards have requirements about cage sizes, hygiene, staff training and many other issues. They will come into operation from 1st August 2017.

Euthanasia Current Rules (until 30 June 2017) Rules after 1 July 2017

Rules after 1 July 2018

When do I have a right to euthanise a dog or cat in my care?

If you are the lawful owner of a dog or cat, you are legally entitled to euthanise it.

Note that you must not euthanise it in a manner that would constitute cruelty or ill-treatment, under the Animal Welfare Act 1985.

If you are not the legal owner of a dog or cat and you have it euthanised, you may be liable to the owner for their losses, unless the euthanasia is carried out by an animal welfare inspector or veterinarian in compliance with the requirements of the Animal Welfare Act 1985.

We are a ‘No Kill’ shelter. We do not want to euthanise animals in our care.

Many animals are abandoned because their owner cannot control them or has fears for their family. Some of these dogs turn up at shelters. It is vitally important that dangerous dogs are not returned to the community.

Some shelters choose to keep a dangerous dog, rather than have it euthanised. That option may be possible, if you have the skills and experience to manage the dog.

Same. Same.

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Working with Councils

I have a lost dog in my care. Should I inform the council?

Yes. Many owners of lost pets will call their council first, even if your website is letting people know that it is in your care.

Informing the local council will give lost dogs and cats the best possible chance of returning safely home.

Councils also have a role in protecting the community and enforcing laws. If a dog has escaped, councils will often work with the owners to ensure that fences are mended, yards are secure, and the animal won’t escape again. If the council is not informed, then their officers are unable to perform this important community safety role.

It bothers me that my local council euthanises so many dogs and cats. I would rather lost pets come to my shelter, than go to the council pound.

Many councils are interested in exploring options for impounded dogs and cats, other than euthanasia. The DCM Board encourages shelters to make contact with their council(s) and discuss how you can work together.

Councils may be prepared to transfer some animals to your shelter, if the original owner cannot be found. This would increase the number of animals they rehome (and decrease the number of pets they euthanise.)

Other issues that Shelters should consider

Insurance There is wisdom in the old saying, “Never work with children and animals.” Many things can go wrong and there is great potential for others to suffer loss and damage from your operations.

All Shelters are encouraged to seek advice on appropriate public liability insurance cover.

Work Health and Safety If you have employees or volunteers on your property, then it is likely you will have obligations under the Work Health and Safety Act 2012. This Act imposes serious financial and criminal penalties on owners and managers of workplaces and undertakings.

Incorporation If you are a growing organisation with lots of financial transactions, you may wish to consider setting up a separate legal structure, so that if the organisation becomes insolvent, your personal assets have a degree of protection.

Legal advice As you can see from this paper, there are many regulatory requirements and legal issues, faced by shelters. It is a good idea to seek your own independent legal advice.

Training The risks of things going wrong are usually reduced by undertaking appropriate training.

Many courses will help shelters provide an even better environment, for animals in their care.

Dog and Cat Management Board

The DCM Board provides advice to government, councils and other stakeholders on dog and cat management issues in South Australia.

If you have suggestions on how we can improve things, we would love to hear from you.

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Dog and Cat Management BoardGPO Box 1047Adelaide SA5001

Phone: 8124 4962Email: dcmb@sa.gov.auwww.dogandcatboard.com.au