Statutory review of the Cat Act 2011 and Dog Amendment Act 2013

Executive summary

The Department of Local Government, Industry Regulation and Safety (the department) has completed a statutory review of the Cat Act 2011 (Cat Act) and the Dog Amendment Act 2013 (Dog Amendment Act).

The Cat Act fully commenced in 2013 and was introduced to provide for the control and management of cats and to promote the responsible ownership of cats. The Dog Amendment Act was introduced in 2013 and includes provisions for the compulsory microchipping of all dogs and new dangerous dog requirements to improve community safety through stricter control of dangerous dogs.

The review commenced on 12 May 2019 for a 12-week period with the release of the consultation paper: Pause for Paws, Feedback on Dog and Cat Laws in WA. The department received over 1250 written submissions (of which 1192 related only to greyhounds) and 5822 online survey responses. Workshops were held in the metropolitan area and in regional centres to gather feedback from rangers and other local government staff. The department also met with stakeholders including the Cat Haven and Dogs Refuge Home.

The purpose of the review was to gather feedback and information about how effective the Cat Act and the Dog Amendment Act have been, whether they should continue and whether there is the need for a full review of both Acts. Following analysis of the issues raised during the consultation period, a number of findings have been made as outlined in this report.

It should be noted that while the review focused on the entire Cat Act, it only focused on the amendments made to the Dog Act in 2013.

While submissions received during the review indicated that many of the provisions of the Cat Act and Dog Amendment Act have been (or may be) effective overall, feedback also showed that an important component to improving the operation and effectiveness of both Acts is providing suitable education campaigns to the public to promote responsible pet ownership and greater understanding of the laws that currently exist, and for more effective and consistent enforcement of laws.

Cats

The review found that the Cat Act has generally been well accepted by the community and most local governments, particularly with regards to microchipping and sterilising of cats (although the age of sterilisation continues to be an issue).

The aim of cat sterilisation through the Cat Act was to provide for the control and management of cats and to support the responsible ownership of cats. This is a long-term aim of the legislation and it is acknowledged there are continuing problems in WA with cat overbreeding. The Cat Haven reported that the numbers of kittens surrendered to them have slightly improved overall since the Cat Act commenced in 2013. However, as they are now receiving cats from local governments and from regional areas, there has been an increase in the total number of cats being surrendered to them.

Consistency in the number of cats allowed per household and nuisance/wandering cats are areas where the Cat Act could be more effective. It has been suggested that the Cat Act should contain provisions about confining cats to premises and the number of cats allowed so that the same rules apply across the State and local governments do not have to make  their own local laws about these matters.

Dogs

The review found that the changes introduced by the Dog Amendment Act in 2013 were generally viewed positively, with some improvements needed around the management of nuisance barking dogs and other enforcement provisions to allow rangers to be able to more effectively undertake their duties.

The review highlighted support for replacing the breed specific provisions, namely “dangerous dog (restricted breeds)” with a model that promotes responsible dog ownership and management for improving public and pet safety. A significant number of submissions advocated for pet greyhounds not to be muzzled.

Feedback

Feedback to the review indicated that the Cat Act 2011 and provisions introduced by the Dog Amendment Act 2013 have been generally effective. While there is a need for the continuation of both Acts, there are improvements that could be made. A summary of the findings highlighted in the report is at Appendix 1.

The feedback and information gathered from this review could be used to inform a full review of both Acts, with a focus on the following key themes:

• Greyhounds not to be muzzled when in public places
• Confining cats to premises
• Limiting the numbers of cats kept at premises
• Consistency of the laws across the State (noting that this is also being considered as part of the review of the Local Government Act 1995)
• Review of penalties, enforcement and the powers of rangers to enter premises, seize animals etc
• Combine the cat and dog Acts into one Act.

Mandatory sterilisation of dogs and a central registration database were key themes raised in the feedback received. It should be noted that these matters are being examined separately under the Stop Puppy Farming initiative.