What are my animal welfare responsibilities?

If you are a person in charge or control of an animal, you should be aware of your obligations in relation to the health, safety and welfare of the animal. The Animal Welfare Act sets out high-level offences for all species defined as animals by the legislation, such as the offence of being cruel to an animal. Further information on offences under the Animal Welfare Act can be found on the Animal Welfare Legislation page. 

The tail docking of dogs is prohibited, unless the removal is performed by a veterinarian and the tail docking is clinically indicated to cure or alleviate a disease or injury from which the dog suffers. 

If you intend to use a device that is designed or modified to deliver an electric shock to an animal, such as an electronic collar, you should be aware of your responsibilities regarding using ‘inhumane devices’. 

The department has published Standards and Guidelines for the Health and Welfare of Dogs in WA that set out the minimum standards that owners and people responsible for dogs ought to follow to ensure the health and welfare of dogs kept in WA.

Download the Dog Standards and Guidelines document below. While compliance with this document is voluntary, regulations are being drafted based on the standards in the Dog Standards and Guidelines. Further information on this project is available on the Animal Welfare Reform page. 

While owning a pet can be rewarding, it is a big responsibility and needs careful planning and consideration before buying any pet. If you are considering buying a pet, the Department of Mines, Industry Regulation and Safety and the Royal Society for the Prevention of Cruelty to Animals Western Australia (RSPCA) have published the brochure A guide to consumer rights when buying a pet to assist consumers in making an informed decision. 

Additional information on the welfare of companion animals can be obtained from the RSPCA website or your local veterinarian.

The Animal Welfare Act applies to the welfare of all animals in WA. This includes animals that are used in entertainment, such as circuses, zoos (including petting zoos), rodeos and racing. There are various codes of practice for the care of exhibited animals and animals used for entertainment that provide useful guidance about the management and care of these animals. These include: 

• The code of practice for the conduct of circuses in Western Australia 

• The code of practice for exhibited animals in Western Australia 

• The code of practice for pigeon keeping and racing in Western Australia 

• The code of practice for the conduct of rodeos in Western Australia 

More information on codes of practice can be found on the Animal Welfare Legislation webpage.

Visit the Animal Welfare Legislation page

Rodeos 

Rodeos are a competitive event made up on various western style competitions, such as bull riding, steer wrestling, barrel racing and rope and tie events. Rodeos involve horses, bulls, steers and calves. Regardless of the animal type and how the animal is used, all animals used in rodeos must be treated humanely and everyone involved in rodeos must comply with the Animal Welfare Act and relevant regulations, such as the Animal Welfare (Transport, Saleyards and Depots) (Cattle and Sheep) Regulations 2020.  

Proper consideration must be given to the health and welfare of all animals used in rodeos. The competitions, procedures and practices in rodeos should be designed in such a way that not only prevents cruelty, but also minimises the impact on the animal’s welfare. 

People who have responsibilities regarding the organisation and running of rodeos must have appropriate training to ensure that the animal welfare needs are met. The Rodeo Manager, veterinarians, competitors, stock contractors and judges must have a high level of knowledge of animal welfare and must ensure the welfare of all animals used within their areas of responsibility. 

Calf roping events 

Calf roping is a race against time where a calf is released from the chute with the rider and horse chasing behind. The aim is for the rider to catch the calf via roping and immobilise the calf by tying three of the calf’s legs. 

In calf roping events, it is not acceptable to pull an animal backward off its feet (jerk down) or to drag a roped animal. Contestants must ensure that they use not only appropriate techniques, but also appropriate and properly fitted equipment, to protect the animal against an abrupt stop after being roped and to prevent the rope horse from dragging a roped animal. Calves must also be weaned. 

Under the Animal Welfare Act, it is an offence for a person in charge to confine, restrain or catch an animal in a manner that causes or is likely to cause unnecessary harm or in any other way cause the animal unnecessary harm. Therefore, if a person in charge of an animal roped a calf in a way that caused it unnecessary harm or was likely to cause it unnecessary harm, that action may constitute an offence of being cruel to an animal. 

More information on minimum welfare requirements for the care and management of animals being used in rodeos can be found in the Code of Practice for the Conduct of Rodeos in Western Australia. The code is supported by the Western Australia rodeo industry, and it is expected that any rodeos conducted in WA comply with it. 

Responsibility for the regulation of thoroughbred, harness and greyhound racing in WA falls with Racing and Wagering WA (RWWA), as established by the Racing and Wagering Western Australia Act 2003. Queries for RWWA can be directed to info@rwwa.com.au.  

General inspectors appointed under the Animal Welfare Act can respond to, and investigate, alleged cases of animal cruelty in the racing industries. If you have any specific details related to instances of animal cruelty, these should be reported to the RSPCA.

DPIRD are in the process of drafting Standards and Guidelines for the Health and Welfare of Horses in WA, which will address the health and welfare of all horses kept in WA, including racehorses.

It is important for veterinarians to understand that, when examining and treating an animal in a veterinary practice, you or your staff have temporary custody of the animal. As such, you or your staff may, for the purposes of the Animal Welfare Act, be the person in charge or control of the animal.

This means that veterinarians and their staff have the same responsibilities to animals under the Animal Welfare Act as the rest of the community. This responsibility extends to animals brought into your practice where the owner is not known and you accept care of the animal. 

Veterinarians are sometimes asked to provide expert opinion to a general inspector investigating a complaint under the Animal Welfare Act and may be required to provide expert evidence in court in the event of a prosecution. In order to assist veterinarians who are asked to provide an expert opinion, the department has produced the Veterinarian’s Guide to Animal Welfare Cases.  

The Animal Welfare Act provides for the protection of animals by prohibiting inhumane and improper treatment of animals. The use of an inhumane device on an animal is an act of cruelty and a person using the inhumane device may be prosecuted. Inhumane devices include: 

• a device that is designed or modified to deliver an electric shock to an animal (other than an electric fence) 

• jawed traps of any kind 

• spurs that have sharpened or fully-fixed rowels 

• spurs that are reasonably capable of penetrating the skin of the animal on which they are intended to be used. 

However, the Animal Welfare Act and the Animal Welfare (General) Regulations 2003 have built in provisions to take into consideration using some of these devices in limited, specified circumstances, such as jawed traps, an electric stock prod and electronic collars. 

It is an offence under the Animal Welfare Act to engage in a prohibited activity. Under the Animal Welfare Act, a prohibited activity is an activity that involves releasing an animal, or putting an animal somewhere, for the purpose of enabling the animal to be: 

1. shot at (whether with a firearm or any other weapon)
2. hunted by a person or another animal 
3. fought by a person or another animal, or 
4. chased by another animal, other than an animal of the same species. 

This offence does not only apply to the person who released or put the animal in the place. A person is considered to be engaging in a prohibited activity if they take part, spectate, organise, promote, keep an animal for the purpose of it, allow it to occur at a place owned or operated by them, or in certain circumstances, encourages an animal to participate in it. 

Severe penalties apply for a person convicted on engaging in a prohibited activity. 

Defences have been built into the offence to take into consideration feeding predatory animals kept in captivity. Where the prohibited activity is releasing an animal for the purpose of it being hunted by another animal, it is a defence for a person to prove that: 

• the animal was released as food for a predatory animal kept in captivity,
• the diet of captive predatory animals of that kind ordinarily includes animals of the kind released, and
• the captive predatory animal will not ordinarily eat dead meat.