CRIMES AMENDMENT (ANIMAL CRUELTY) BILL 2005
Reverend the Hon. Dr GORDON MOYES: The Crimes Amendment (Animal Cruelty) Bill amends the Crimes Act 1900 to create two new indictable animal cruelty offences. In a previous debate on proposed legislation relating to animal cruelty I made reference to the fact that there is much truth in the saying in the biblical book of Proverbs 12:10 that “a righteous man cares for the needs of his animals but the kindest acts of the wicked are cruel”. The Bible never fails to provide insight into the human psyche, and is as relevant today as it has been to past generations. If the kindest acts of the wicked towards animals are cruel, it is also clear that the acts of those who mistreat animals are a reflection of a mental or psychological state of mind that is unsettled and perturbed, a state of mind that can act and react negatively towards humans.
Professor Paul Wilson in the Journal of Psychiatry, Psychology and Law explored the relationship between criminal behaviour and mental illness in young adults in the context of cruelty to animals. He expressed the view that cruelty to animals appears to be a strong indicator or “red flag” in the background of many serial killers and thus, it is suggested, in the history of perpetrators of other forms of major interpersonal violence. In fact, RSPCA New South Wales Chief Veterinarian, Dr Mark Lawrie, addressed the Australian Urban Animal Management Conference in Canberra in October this year, exploring the links between violence towards animals and violence towards people in Australia. In light of the well-publicised cases of animal cruelty at the beginning of this year, one being the violent and heart-wrenching case of the kitten named Shelley, the Minister indicated that he would establish an animal cruelty task force composed of representatives from the Attorney General’s Department, NSW Police, the RSPCA, and the like, to consider issues relating to animal cruelty, including diversion schemes for juvenile offenders. These plans were welcomed by the peak organisation, the RSPCA, advocating for the rights of animals.
This bill arises as a consequence of recommendations made by the Animal Cruelty Taskforce, which was charged with the responsibility of reflecting on and considering changes to animal cruelty laws and procedures. At present, animal cruelty offences are found in the Prevention of Cruelty to Animals Act 1979. The task force recommended that an indictable aggravated animal cruelty offence be created in the Crimes Act 1900 to reflect the gravity of the circumstances surrounding the offence. The task force also made recommendations that measures should be put in place to ensure that when criminal charges are laid by animal welfare organisations, such as the RSPCA and the Animal Welfare League, with no involvement by police in the investigation, any persons convicted can be fingerprinted and the offence recorded on their criminal record.
I will now turn to the specific provisions of the bill. The bill makes an amendment to the Crimes Act 1900 to create a new serious animal cruelty offence, under proposed section 530, with a maximum penalty of five years imprisonment, where the offender intends to inflict severe pain on an animal and kills or causes serious injury or prolonged suffering to the animal. Of course, in some situations it may be viewed as acceptable to inflict severe pain on animals because of the context in which the pain is inflicted. For example, proposed section 530 will not affect such activities as authorised animal research or other lawful activities, routine agricultural or animal husbandry practices, recognised religious practices, pest extermination or veterinary practice, for which defences are provided. However, if there is some contention about whether the pain inflicted is justified in even these circumstances, the Prevention of Cruelty to Animals Act 1979 provides a basis for offences.
Proposed section 530 makes it an offence, with the intention of inflicting severe pain on an animal, to torture, beat or commit any other act of serious cruelty on the animal, and to kill, seriously injure or cause prolonged suffering to the animal. The bill also amends the same Act to create a new animal cruelty offence, under proposed section 531, also with a maximum penalty of five years imprisonment, where the offender intentionally kills or seriously injures an animal knowing that it is being used for law enforcement purposes, or in retaliation for such a use. The offence will relate to dogs, horses and other mammals, other than human beings. Importantly, the offences do not prevent the application of the defence of self-defence under the Crimes Act 1900; the defence is contained in section 418 of the Crimes Act 1900.
The Criminal Procedure Act 1986 is amended to enable the new offences to be dealt with through the local court system, unless the prosecutor otherwise elects. The maximum term of imprisonment that may be imposed for such an offence if dealt with summarily is two years. The bill makes amendments to the Law Enforcement (Powers and Responsibilities) Act 2002 to enable a court that finds certain animal cruelty offences under the Prevention of Cruelty to Animals Act 1979 to be proven to order that the offender submit to the taking of identification particulars, such as the person’s photograph, fingerprints and palm prints, by police. Those who perpetrate unjustified acts of cruelty towards animals are not mentally sound. Though this legislation will make it clear that acts of cruelty towards animals are reprehensible, it is also necessary to understand why people act in this way towards animals. After understanding why, steps need to be taken to encourage those affected by mental health issues in this area to seek help. The Christian Democratic Party commends the bill to the House.