On 17 November 2005, the Legislative Council of the NSW Parliament passed changes to the NSW Companion Animals Act, and it is anticipated that the Governor will sign this bill into law shortly.
On behalf of the Board of Directors, I have been in negotiations/discussions with the Director General of the Department of Local Government since early May this year and more recently with the Minister, the Honourable Kerry Hickey MP (Member for Cessnock).
As most members are aware the primary aim has been to ensure that our registered breeds are protected under this Act and that additional funding is made available to enhance general community education.
Please find below quotes from the Ministers second reading to the Legislative Assembly, which clearly indicates that we have obtained the concessions we have fought extremely hard for:
The Minister said *"The Government maintains the view that any dog can be dangerous, regardless of its breed, which is why this bill further tightens the legislative provisions for declared dangerous dogs, dog attacks, nuisance dogs and cats, and promotes the responsible management of all companion animals*.
This bill provides a council with the power to declare a dog as a restricted dog if, in the opinion of the council, the dog is a restricted dog, or the offspring of a restricted dog. This gives councils the power to make owners of these dogs comply with the Act.
When a council proposes to declare a dog a restricted dog, the owner will be able to seek the opinion of an approved breed assessor to confirm the breed of the dog. If it is not confirmed to be another breed of dog, the council will make the declaration. If the dog is confirmed as a crossbreed restricted dog, the owner will then have to seek a temperament test by an approved temperament assessor. If the dog is assessed as not being a likely danger to the public, the dog will not be declared a restricted dog. Breed identification will be the challenge with this legislation. We are trying to avoid a high rate of disputation regarding decisions on breed classification and temperament assessment by legislating for a council declaration system that includes an option for an assessment of the dog by expert breed and temperament assessors.
The Director General of the Department of Local Government will approve breed and temperament assessors.
The Government has the commitment of the Royal New South Wales Canine Council, as experts in dog breeding and identification, to conduct breed identification assessments of dogs that are thought to be restricted by councils. The Director General will approve the Canine Council as an approved breed assessor*.
The Canine Council's involvement as a breed assessor will benefit its many members and the people who buy their dogs from registered breeders. A Canine Council registration or identification certificate, which includes the dog's unique microchip number, will be sufficient proof that a council cannot proceed to declare that dog is a restricted dog; this will be prescribed in the regulation.
A temperament assessment system will also be developed to enable appropriately approved temperament assessors to make an informed judgment about the behaviour of a dog and whether it is likely to be a risk to public safety*.
A community education and council officer training program will be developed and funded from the Companion Animals Fund to assist local councils to implement the new laws. The Government has listened, and will continue to listen, to the companion animals industry when implementing this new legislation*.
It could be argued that the restrictions being placed on the 5 breeds which have been federally banned imports since the early 90's, may be the start of Breed Specific legislation in New South Wales. However I would argue that the need for cross breeds from these types, to actually fail a temperament test before being restricted in any way, is more a government initiative to
"PREVENT THE DEED NOT PUNISH THE (CROSS) BREED"
Members are urged:
1. To ensure that registration certificates (either main or limited register) with the microchip number printed thereon is provided to ALL future puppy buyers.
2. That a microchip number is placed on ALL registration certificates for all dogs currently owned.
3. To ensure that ALL breeders, make certain that the registration certificate provided to the new buyer is actually transferred into the name of the new owner.
Implementation
It is anticipated that the regulations when passed will set a 12 month transition period, during which time we will set up an implementation working party. We will advertise for not only breed but also temperament assessors and develop the necessary training, assessment and accreditation program needed for both groups of assessors.
Whilst some dog owners and indeed a small minority of our members, may not be in favour of some aspects of the amendments passed by State Parliament, I wish to assure all members that what we have ended up with, is the best possible outcome for this organisation and the membership as a whole.
Keith Irwin
President
RNSWCC
24th November 2005
