Your guide to proposed animal welfare law changes

Heard about changes to the Animal Welfare Act but not quite sure what it means or how it could affect you? We have you covered with this guide.

Whether you have pets at home, work in the agriculture sector, enjoy fishing, or simply appreciate our unique and vibrant native species – animal welfare is an important subject to many of us.

Last updated in 2008, the state government has reviewed the Act with the understanding that our expectations for animal welfare have evolved.

During 2 public consultations and stakeholder engagement sessions, more than 2,000 people have shared their thoughts about how the Animal Welfare Act 1985 could be modernised and better meet community expectations.

Now, a Bill, which incorporates the changes identified throughout the review process, to replace the current Act has been introduced to Parliament.

What is the Animal Welfare Act?

The Act is the main piece of legislation for animal welfare in South Australia. It aims to prevent harm and ill treatment of animals, as well as protect their welfare.

What’s been involved in the Animal Welfare Act review?

The review of the existing Act started in early 2023.

The first stages gathered feedback from the community on their thoughts about the Act and changes they’d like to see made. Feedback from more than 1,000 people informed the development of various reform opportunities.

These were tested with key stakeholders to better understand how proposed changes may affect people and industries.

The public was then invited to share their thoughts on a draft version of the Bill. Of the 1,002 participants, most proposed reforms received strong support. This process also helped identify areas that could be improved in the draft Bill, which you can read more about in the consultation report.

A Bill has been introduced to Parliament, where it will be debated. If it’s passed by both houses, the Bill will become South Australian law.

What are the proposed changes?

Various reforms were identified throughout the review process and have been incorporated into the Bill, including:

• Tougher maximum penalties – $100,000 or 5 years’ jail for individuals, and $500,000 for businesses, for the ill-treatment of an animal.
• This increases to $175,000 or 7 years’ jail for individuals, and $750,000 for businesses, convicted of recklessly causing death or serious harm to an animal.
• Individuals convicted of intentionally causing death or serious harm to an animal face a penalty of up to $250,000 or 10 years’ jail, while businesses could be fined up $1,000,000.
• A proactive ‘duty of care’ provision that would require owners to provide their animals with a minimum level of care, including adequate food, water and living conditions, and improves the pathway for authorities to address neglect more easily before an animal is harmed.
• Defining fish as an animal, which recognises their capacity for suffering and provides them with the same protection as other animals by allowing authorities to prosecute deliberate acts of cruelty.
• Better oversight of animals used in research and science through an updated licensing system.
• New reporting requirements for those who work or volunteer in the greyhound industry and see someone doing the wrong thing.

What would the new ‘duty of care’ mean?

The Bill includes a new ‘duty of care’ that would require owners to provide animals with a minimum level of care, including adequate food, water, living conditions.

Not only does this ensure that animals are looked after by those responsible but it also improves the pathway for authorities to address neglect more easily before an animal is harmed.

Would proposed changes to the Animal Welfare Act affect me if I want to go fishing?

No. Proposed changes to the Animal Welfare Act would not affect people who fish responsibly in South Australia.

Recreational and commercial fishers need to continue to adhere to the Fisheries Management Act 2007, and those who undertake aquaculture activities need to comply with the Aquaculture Act 2001.

These laws and their regulations tell you what you can and can’t do, including the gear you can use.

These proposed changes aim to protect fish from deliberate acts of cruelty, including cutting the fin off a live shark. The changes would extend to fish kept as pets or displayed in restaurants.

What do all these proposed changes mean for me?

The Act sets an expectation and standard of behaviour for how we treat animals.

The proposed changes would better align South Australia with some of the leading states and territories for animal welfare protection.

That said, whether you have fur-babies at home, or you work in the agriculture or fishing sector, chances are that you already treat your animals well above this standard.

In fact, the feedback received throughout the consultation process showed strong support for strengthening protections for animals against activities or practices that are unacceptable or cause harm.

The proposed changes to the Act aim to improve animal welfare, so if you’re doing the right thing, they won’t affect you.

However, it does provide greater powers to act if someone does the wrong thing.

I provided feedback as part of the review. How do I know how it was used?

A consultation report has been prepared, summarising what was heard through the latest consultation process and what changes to the Bill were made.

You can view this report and a copy of the final draft Bill that was tabled in Parliament on the YourSAy page.

How do I keep updated on these proposed changes?

If you would like to stay updated, you can subscribe to receive updates or visit the Department for Environment and Water’s website.

Interested in animals? Be sure to learn how to keep your pets cool this summer and what to do if you see a snake in the wild.