Animal welfare legislation

The Animal Welfare Act applies to all live vertebrates (including amphibians, reptiles, birds and mammals) other than humans or fish (as defined in the Fish Resources Management Act 1994). This includes companion animals, native animals, livestock and animals used for research and teaching but does not extend to invertebrates or fish. 

The Animal Welfare Act sets out high‑level offences for all species defined as animals by the Animal Welfare Act, such as the offence of being cruel to an animal. As well as behaviours such as torturing, mutilating or otherwise ill-treating an animal, cruelty includes behaviours such as failing to provide an animal with proper and sufficient food or water, abandoning an animal, or failing to take reasonable steps to alleviate harm suffered by an animal. 

There are also separate offences for possession of things intended to inflict cruelty and shooting, hunting or fighting captive animals. Further information on offences under the Animal Welfare Act can be found in the factsheets below. If you witness or suspect animal cruelty is occurring, you can report it.

The Animal Welfare Act also: 

1. establishes the licensing system for research, teaching and other activities in which animals are used for scientific purposes
   
2. provides for the appointment, functions and powers of inspectors
   
3. provides for matters important to enforcement of the Act, such as the commencement of proceedings for an offence and issuing of infringement notices. 
   
4. provides for other high-level matters to support its efficient and effective operation, such as the process for review of certain decisions made under the Act

Animal welfare regulations are a type of legislation (known as delegated legislation) made under the authority of the Animal Welfare Act. Where the Animal Welfare Act says that a thing or matter can be ‘prescribed’, it means it can be set out in regulations.  

Regulations support the aims of the Animal Welfare Act by regulating specific activities (such as transport) or animal species (such as poultry) to provide more detail and set clear expectations for animal management and care. Regulations often address duty of care requirements, that is, requirements to prevent or minimise adverse impacts to the welfare of animals. 

Having a duty of care for an animal means that a person is legally obliged to provide for the animal’s needs in a reasonable way. 

The types of matters that are covered include: 

• provision of food and water; 
• provision of appropriate living conditions; 
• appropriate treatment of disease and injury; and 
• use of correct procedures for handling the animal. 

Duty of care provisions are proactive, rather than reactive. Their goal is to avoid and resolve animal welfare problems before they become acts of cruelty.  

The regulations also provide more detail on certain matters to support the operation of the Animal Welfare Act, including matters that might need to be updated frequently, such as forms to be used under the Animal Welfare Act.  

The following regulations have been made under the Animal Welfare Act: 

1. Animal Welfare (General) Regulations 2003 
   
2. Animal Welfare (Scientific Purposes) Regulations 2003 
3. Animal Welfare (Pig Industry) Regulations 2010 
   
4. Animal Welfare (Transport, Saleyards and Depots) (Cattle and Sheep) Regulations 2020
5. Animal Welfare (Poultry) Regulations 2024 

Codes of practice for animal welfare provide useful guidance about the management and care of animals. Like regulations, the codes are generally about a particular animal species (such as cattle, pigs or poultry) or situation (such as circuses, saleyards or abattoirs). The codes generally provide minimum standards for care and management, as well as guidelines detailing recommended practice. 

Some codes of practice are adopted by the Animal Welfare (General) Regulations 2003. While they are not directly enforceable, the adopted codes of practice must be used by the courts as a yardstick to assess animal husbandry and management practices in cases of alleged cruelty. Where a person is charged with cruelty, the fact that a person has failed to act in accordance with a relevant code of practice must be taken into consideration by the court but is not sufficient on its own to prove that a person committed the offence. 

Copies of the codes of practice that have been adopted by the Animal Welfare (General) Regulations can be found below. In addition to these documents, the Australian Rules of Racing and the Rules of Harness Racing have been adopted as a code of practice.

The enforcement of the Animal Welfare Act is divided into two key parts: 

• General inspectors enforce the provisions concerning offences against animals (including cruelty against animals) contained in Part 3 of the Animal Welfare Act and the regulations. 
• Scientific inspectors enforce the provisions concerning the use of animals for scientific purposes under a licence contained in Part 2 of the Animal Welfare Act. 

In addition, designated inspectors are a general inspector employed by DPIRD with the additional power to proactively inspect abattoirs, knackeries and intensive production places, such as intensive poultry farms and piggeries, to monitor their compliance with the Animal Welfare Act.  

A general inspector (including designated inspectors) and a scientific inspector have different powers and functions under the Animal Welfare Act. This page provides information on general inspectors. 

The enforcement of the provisions concerning offences against animals in Part 3 of the Animal Welfare Act is primarily conducted by general inspectors from the Royal Society for the Prevention of Cruelty to Animals Western Australia (RSPCA) and the department. General inspectors of both organisations investigate complaints of cruelty against animals and carry out a range of compliance and enforcement actions. 

The RSPCA may have or advocate policies that differ from those of the Western Australian Government.  

In addition, members of the staff of the Department of Biodiversity, Conservation and Attractions (DBCA) and Local Government Authorities can be appointed as general inspectors. All WA Police officers have the powers of a general inspector. 

Where instances of potential non-compliance are identified, general inspectors may take one or more of the following actions: 

• Take no further action – the inspector may find that an offence has not occurred and/or appropriate action is being taken to address the welfare issues in relation to the animal/s. 
• Provide education – an inspector may provide education or advice on the appropriate care of the animal/s. 
• Issue a direction notice – the inspector may issue a formal written direction to a person requiring that person to do specific things within a specified time to rectify animal welfare problem/s. The inspector will check to ensure the direction has been followed. It is an offence to not follow a lawful direction. 
• Removal of animals – the inspector may decide that an animal should be seized and removed from its present situation to protect the welfare, health and safety of the animal. The Animal Welfare Act requires an inspector who seizes an animal to ensure that it is properly treated and cared for. 
• Issue an infringement notice – infringement notices can be issued for some specified offences. The inspector may collect evidence and may issue an infringement notice if the inspector reasonably suspects that the person has committed one of these offences.  
• Collect evidence to prosecute an offence – the inspector may decide that an offence has occurred. The inspector will collect evidence for a prosecution case. This may lead to a person or persons being charged with an offence and the matter proceeding to court. 

The action taken by the general inspector will depend on the circumstances, including the risk or level of harm and the person’s willingness to do the right thing in order to comply with the legislation. 

General inspectors are appointed under the Animal Welfare Act. They respond to animal welfare complaints and have the authority to commence a prosecution, if needed. 

The Director General of the department has the power to appoint general inspectors under the Animal Welfare Act. In appointing a general inspector, the Director General may set out terms or conditions of the appointment. 

RSPCA officers and certain local and state government officers may be appointed as general inspectors under the Animal Welfare Act. All WA Police officers have the powers of a general inspector. 

Appointments as a general inspector remain in force for five years unless the inspector is no longer a member of staff of the nominating organisation, the inspector resigns by written notice to the Director General of the department, or the appointment is revoked by the Director General.  

The Director General of the department may suspend any inspector’s appointment as a general inspector. The Director General may by written notice restrict the authority of an inspector, other than a police officer, by limiting the functions performed by the inspector of the places, times and circumstances in which an inspector may perform their functions. 

For further information on being appointed as a general inspector, including a copy of the relevant nomination forms, email compliance.IDcards@dpird.wa.gov.au or phone +61 08 9363 4047. 

Drafting of a Bill to modernise the Animal Welfare Act has commenced, which will implement many of the recommendations made by the independent panel that reviewed the operation and effectiveness of Animal Welfare Act (for more information, see ‘Implementation of Review of the Animal Welfare Act’ below). 

When an exposure draft is ready, public consultation will be undertaken to seek feedback on the draft Amendment Bill. 

The consultation process will include release of a consultation paper and an exposure draft for public comment. 

In May 2019, the McGowan Government commissioned an independent review (the Review) of the operation and effectiveness of the Animal Welfare Act. The 18-month Review included extensive industry and public consultation, with the report finalised in December 2020. The independent panel made 52 recommendations. On 2 June 2021, the Government released its response to the Review recommendations. 

The Government Response to the Review recommendations identified five key areas of reform: 

1. Modernise the Animal Welfare Act.
2. Strengthen the authority and capability of animal welfare inspectors. 
   
3. Deliver more efficient and effective law enforcement. 
   
4. Seek independent advice and expertise. 
   
5. Provide open and effective communication. 

A copy of the Animal Welfare Act Review Report and the Government Response can be found in the document list below. 

As part of its review of the Animal Welfare Act, the independent panel called for written submissions from stakeholders and the public, and hosted four public forums, to seek input on matters of importance to the operation and effectiveness of the Act. 

Consultation summary reports have been published for both components of the consultation. The Summary Report on the Public Consultation provides an overview of comments submitted to the panel through the written consultation. The Summary Report on the Public Forums summarises the discussions that took place at those forums. 

Many recommendations of the Review are being progressed by the Animal Welfare Amendment Bill (for more information, see above), whilst some are being addressed by amendment to regulations, policy development and further reviews. 

National standards and guidelines for livestock welfare are being developed, cooperatively with federal and state government agencies. The Australian Animal Welfare Standards and Guidelines aim to harmonise and streamline livestock welfare legislation and enforcement across Australia. 

The development of Standards and Guidelines includes a process of national consultation with stakeholders, which provides an opportunity for all members of the public and industry to comment on the draft standards and guidelines before they are published. 

Australian Animal Welfare Standards and Guidelines have replaced some of the model codes of practice. For other industries, the model codes remain useful guidance on animal welfare. 

The current endorsed Standards and Guidelines are: 

In March 2023, the State Parliament passed the Animal Welfare and Trespass Legislation Amendment Act 2023 (Amending Act). The Amending Act made changes to the Animal Welfare Act, The Criminal Code and the Restraining Orders Act 1997. 

The Amending Act sought to address two issues: 

1. Trespass on agricultural properties
   
   The Amending Act responded to incidents of animal activism-related trespass on agricultural properties in recent years by introducing a new aggravated trespass offence. This offence carries a penalty of two years’ imprisonment, a fine of $24,000, or both. The increased penalties are intended to reflect the seriousness of the conduct. For more information about this aspect of the changes, please contact the Department of Justice.
   
2. Protecting the welfare of farmed animals
   
   The Amending Act also enables DPIRD to implement a proactive modern inspection regime by giving designated inspectors the power to enter certain places to monitor compliance with the Animal Welfare Act. 
   
   Consultation on the Amending Act showed that many in the community believed that the trespassing of activists was the only way for animal welfare issues to be exposed. The new powers should give the community confidence that DPIRD inspectors are monitoring compliance with animal welfare legislation at high-risk facilities. 

On 2 October 2020, the Animal Welfare (Transport, Saleyards and Depots) (Cattle and Sheep) Regulations 2020 (Transport Regulations) were gazetted and subsequently introduced in WA. 

Visit the Western Australian Legislation website:

Transport Regulations

The Transport Regulations implement the standards set out in two Australian Animal Welfare Standards and Guidelines, to ensure the welfare of sheep and cattle during land transport, and at saleyards and depots. They apply to sheep and cattle at all stages of the transport process, including mustering, assembling, holding at a livestock handling facility (e.g. yards, saleyards, depots), selecting, loading, holding on a vehicle while the vehicle is stationary, transporting, unloading and spelling.  

Many of the requirements in the Transport Regulations are similar to the recommendations in existing Western Australian codes of practice relevant to transport and saleyards, and the Meat and Livestock Australia (MLA) publication ‘Is the Animal Fit to Load?’ (revised 2019). 

Under the Transport Regulations, animal welfare inspectors have new options for responding to non-compliance with expected standards during the transport process and while animals are at saleyards and depots. 

Before introduction of the Transport Regulations, allegations of non-compliance with the Animal Welfare Act were addressed through charges for cruelty, which were decided by a court. In contrast, non-compliance with the Transport Regulations can be dealt with by an infringement notice with fines ranging from $500 to $750. Serious incidents or matters in which a person refuses to pay an infringement notice may still be dealt with by prosecution in the Magistrates Court. If non-compliance with the Transport Regulations is dealt with in court (rather than by issuing and payment of the infringement notice), penalties of up to $15,000 will apply.

In 2020, the department published Standards and Guidelines for the Health and Welfare of Dogs in Western Australia, which established minimum requirements and recommended practices to protect and promote the welfare of dogs.  

This work also supports the Government’s election commitment to the Stop Puppy Farming initiative, which includes the introduction of Mandatory Standards for Dog Breeding, Housing, Husbandry, Transport and Sale.

For more information on the Dog Standards and Guidelines, visit the page What are my animal welfare responsibilities? and also the Stop Puppy Farming initiative via the Department of Local Government, Sport and Cultural Industries. 

The department is working with the Parliamentary Counsel’s Office to draft regulations giving the standards in the Dog Standards and Guidelines legal effect under the Animal Welfare Act.