ANIMAL WELFARE —
CATTLE DEATHS —NOONKANBAH STATION AND YANDEYARRA RESERVE
1279. Hon Dr STEVE THOMAS to the Minister for Agriculture and
Food:
I refer to question without notice
1213 asked on 4 November 2020.
(1) How many prosecutions have been instigated by the
Department of Primary Industries and Regional Development under the Animal
Welfare Act 2002 since the election of the McGowan government to date?
(2) How many prosecutions and potential prosecutions
under the Animal Welfare Act 2002 have been referred by the minister or the
Department of Primary Industries and Regional Development to the State
Solicitor for action since the election of the McGowan government to
date?
(3) What defences
are allowed to prosecutions under section 19(3)(d) of the Animal Welfare Act?
Hon
ALANNAH MacTIERNAN replied:
I thank the member for the
question.
(1) There have been 14.
(2) The Department of Primary Industries and Regional
Development has referred 16 matters to the State Solicitor's
Office for action since 2017.
(3) Section 19(3)(d)
of the Animal Welfare Act prescribes that a person in charge of an animal is
cruel to that animal if it is not provided with proper or sufficient food or
water. The act includes a number of defences to cruelty charges at sections 20
to 30. An essential step in considering potential prosecution is the consideration of the statutory defences. This
assessment is done recognising the facts and circumstances of the
alleged offending. In the event of a prosecution commencing, the applicability
of a statutory defence will be a matter determined by the court.