Code of Practice

The Quick and Dirty Guide to Codes of Practice

Victoria’s ‘Domestic Animals Act 1994‘ includes provision for the Minister to make Codes of Practice for any kind of domestic animal business. Non-compliance with a Code of Practice is an offence.

The Code of Practice for the Management of Dogs and Cats in Shelters and Pounds is currently under review. On Wed 19 May 2010 a document claimed to be a leaked draft of the revised Code was widely circulated amongst the Animal Welfare community. Among other things it contained restrictions on the ability of shelters and pounds to use foster carers as an alternative to killing animals.

“The maximum time any animal selected for sale can be held at a shelter is four weeks.  At the conclusion of this period, the animal must be euthanased or permanently removed from the facility, for example, by placement in a foster program.”

Code of Practice for the Management of Dogs and Cats in Shelters and Pounds 2.3.7

Home foster care is increasingly used by progressive shelters when cage space is scarce or when an animal has not found a new home in the maximum time allowed by the current Code (28 days). Conditions in the “leaked draft” restrict foster care to sick/injured animals or animals that were too young/underweight and specifically stated that “foster care must not be considered as the animal being ‘permanently removed’ from the establishment.”

Update: We’ve been informed that on Thu 21 May 2010 the Animal Welfare Advisory Committee rejected the draft. The following statement has been issued.

‘The AWAC position is that at its last meeting (May 2010) the AWAC did not approve the draft Code and resolved to provide feedback to the Department on the draft within four weeks.  The comments will be considered by the Code writing group and an amended draft returned to AWAC for reconsideration which may take some time, following which it must be made available for public comment before it is finalised.  Whilst AWAC advises the Minister, it is the Minister’s and the Government’ prerogative to accept or decline to accept such advice’.

How does it work? How can we provide input?

Codes of Practice are defined the section of Victoria’s Domestic Animals Act 1994 included below. To my untrained eye, it appears that the minister needs to give notice in a newspaper that he prepares to ‘make Code’ and then must consider any submissions made within 28 days.

Division 4—Codes of Practice

59 Making of Codes of Practice

(1) The Minister may make Codes of Practice which specify standards for the conduct of domestic animal businesses.

(2) A Code of Practice may be prepared for any particular kind of business.

(3) A Code of Practice may specify all or any of the

following—

(a) standards for the keeping, treatment, handling and care of animals;

(b) standards for the facilities, equipment and conditions at business premises;

(c) standards for the procedures and practices to be adopted with animals.

(4) A Code of Practice may apply, adopt or incorporate any matter contained in any

document, standard, rule, specification or method, formulated, issued, prescribed or

published by any person whether—

(a) wholly or partially or as amended by the Code; or

(b) as formulated, issued, prescribed or published at the time the Code is made or at any time before then.

60 Advertisement of making

(1) The Minister must give notice of any proposal to make the Code—

(a) in the Government Gazette; and

(b) in a newspaper circulating generally throughout the State.

(2) A notice under subsection (1) must—

(a) state where a copy of the Code may be obtained; and

(b) state that submissions may be made to the Minister and that they must be made within 28 days of the publication of the notice.

61 Consideration of submissions

The Minister must consider any submissions made to him or her within the time limit fixed under section 60.

62 Notice of making

Before a Code of Practice is made, the Minister must give notice of the making of the Code in a newspaper circulating generally throughout the State.

63 Publication, operation and availability of Code

(1) Upon the making of a Code of Practice, the Minister must cause notice of—

(a) the making of the Code; and

(b) the place where copies of the Code may be obtained— to be published in the Government Gazette.

(2) A Code comes into operation on the day specified in the notice which may be on or after the day on which it is made.

(3) A Code and any documents incorporated in a Code must be kept available for public inspection at the principal office of the Department and a copy of the Code may be purchased by any person at that office upon payment of the fee determined by the Minister.

63A Non-compliance with Code of Practice an offence

(1) A person or body must not conduct a domestic animal business that does not comply with the relevant Code of Practice made under section 59.

Penalty: 10 penalty units.