Law and Legislation

Keeping Pets in Strata Schemes

Keeping Pets in Strata Schemes (NSW Young Lawyers, Animal Rights Committee)

Holding v Parkin [2012]

Domestic violence against a woman and a child, where the perpetrator also maimed and killed a family pet as ‘punishment’ to the mother.

“Such acts of violence against domesticated pets are invariably likely to occur behind closed doors and are relatively easy to conceal from authorities, although clearly your intention here was to make the death very visible to your partner. Such violence targets a victim that cannot seek help nor, if they happen to survive, communicate what has happened other than by the physical evidence of their injuries. For all these reasons such offences are by their nature, in my view, difficult to detect and prosecute. There needs to be a penalty, in my view, that makes it clear to you and more importantly, to the community, that such violence towards animals will not be tolerated.

“Domesticated animals completely vulnerable to the petty whims and emotional fluctuations of those who are responsible for their care deserve the utmost protection of the law. The punishment that I impose in this case must properly reflect the seriousness of this offence. Denunciation is also an important factor in sentencing for an offence such as this, that is, a penalty that appropriately reflects the community’s legitimate disgust and condemnation for this kind of behaviour. General deterrence demands a punishment that makes it clear to the community at large that this kind of behaviour will not be tolerated, the message being this: that if you kill an animal in your care out of anger and spite you can expect a severe penalty.”


 

 

Comparing State Legislation on Animal Abuse, Domestic Violence and Pets in Rental Accommodation

State Legislation Relevant section/s Link/comments
ACT Family Violence Act 2016 Sect 8 meaning of family violence http://www.austlii.edu.au/cgi-bin/viewdoc/au/legis/act/consol_act/fva2016158/s8.html#family_violence
ACT Unit titles (management ) Act 2011 Sec 126 Disputes involving the owners corporation-particular matters http://www.austlii.edu.au/cgi-bin/viewdoc/au/legis/act/consol_act/uta2011243/s126.html?context=1;query=Pets;mask_path=au/legis/act/consol_act
ACT Retirement Villages Act 2012 Sec 78 subject –matter of village rules http://www.austlii.edu.au/cgi-bin/viewdoc/au/legis/act/consol_act/rva2012217/s78.html?context=1;query=Pets;mask_path=au/legis/act/consol_act
NSW Local Court Act 2007 Sec 34A Jurisdiction in company title home unit disputes http://www.austlii.edu.au/cgi-bin/viewdoc/au/legis/nsw/consol_act/lca2007131/s34a.html?context=1;query=pets ;mask_path=au/legis/nsw/consol_act
NSW Prevention of Cruelty to Animals Act 1979 Sec 4 http://www.austlii.edu.au/cgi-bin/viewdoc/au/legis/nsw/consol_act/poctaa1979360/s4.html?context=1;query=animals;mask_path=au/legis/nsw/consol_act
NSW Companion Animals Act
NSW Crimes Act 1900 Sec 530 serious animal cruelty http://www.austlii.edu.au/cgi-bin/viewdoc/au/legis/nsw/consol_act/ca190082/s530.html?context=1;query=animals ;mask_path=au/legis/nsw/consol_act
NT Animal Welfare Act Sec 10 Aggravated Cruelty
NT Domestic and family violence Act Sec 5 http://www.austlii.edu.au/cgi-bin/viewdoc/au/legis/nt/consol_act/dafva254/s5.html
NT Prevention of Cruelty to Animals Ordinance 1935 http://www.austlii.edu.au/cgi-bin/viewdoc/au/legis/nt/reprint_ord/poctao1935413/poctao1935413.html?context=1;query=animal abuse;mask_path=au/legis/nt/consol_act+au/legis/nt/num_act+au/legis/nt/num_ord+au/legis/nt/reprint_ord+au/legis/nt/repealed_act+au/le
QLD Animal Care and Protection Act 2001 Sec 18 http://www.austlii.edu.au/cgi-bin/viewdoc/au/legis/qld/consol_act/acapa2001229/s18.html
QLD Domestic and Family Violence Protection Act 2012 Sec 8, 2 (g) http://www.austlii.edu.au/cgi-bin/viewdoc/au/legis/qld/consol_act/dafvpa2012379/s8.html#domestic_violence
QLD Sec 59 recovery of personal property http://www.austlii.edu.au/cgi-bin/viewdoc/au/legis/qld/consol_act/dafvpa2012379/s59.html
QLD RESIDENTIAL TENANCIES AND ROOMING ACCOMMODATION ACT 2008 – SECT 36 Temporary refuge accommodation http://www.austlii.edu.au/cgi-bin/viewdoc/au/legis/qld/consol_act/rtaraa2008420/s36.html
QLD SEC 184 tenants use of premises http://www.austlii.edu.au/cgi-bin/viewdoc/au/legis/qld/consol_act/rtaraa2008420/s184.html
QLD SEC253 e Residents obligations generally http://www.austlii.edu.au/cgi-bin/viewdoc/au/legis/qld/consol_act/rtaraa2008420/s253.html
QLD Sec 266 House rules http://www.austlii.edu.au/cgi-bin/viewdoc/au/legis/qld/consol_act/rtaraa2008420/s266.html
SA Animal Welfare Act 1985 Sec 13 ill treatment of animals http://www.austlii.edu.au/cgi-bin/viewdoc/au/legis/sa/consol_act/awa1985128/s13.html
SA Residential tenancies Act 1995 Sec 49, 1. B) VI g Residential tenancy agreements http://www.austlii.edu.au/cgi-bin/viewdoc/au/legis/sa/consol_act/rta1995207/s49.html
SA 105 R, 1.b) general obligations of resident http://www.austlii.edu.au/cgi-bin/viewdoc/au/legis/sa/consol_act/rta1995207/s105r.html
TAS Family Violence Act 2004 Sec 7 family violence http://www.austlii.edu.au/cgi-bin/viewdoc/au/legis/tas/consol_act/fva2004158/s7.html
TAS Sec 9 emotional abuse http://www.austlii.edu.au/cgi-bin/viewdoc/au/legis/tas/consol_act/fva2004158/s9.html
TAS Animal Welfare Act 1993 Sec 6 http://www.austlii.edu.au/cgi-bin/viewdoc/au/legis/tas/consol_act/awa1993128/s6.html
TAS Sec 8 cruelty to animals http://www.austlii.edu.au/cgi-bin/viewdoc/au/legis/tas/consol_act/awa1993128/s8.html
TAS Sec 9 aggravated cruelty http://www.austlii.edu.au/cgi-bin/viewdoc/au/legis/tas/consol_act/awa1993128/s9.html
TAS Residential Tenancy Act 1997 Sec 10 Residential tenancy agreement http://www.austlii.edu.au/cgi-bin/viewdoc/au/legis/tas/consol_act/rta1997201/s10.html
VIC Family Violence Protection Act 2008 Sec 5 meaning of family violence http://www.austlii.edu.au/cgi-bin/viewdoc/au/legis/vic/consol_act/fvpa2008283/s5.html
Residential Tenancies Act 1997 Sec 22 Temporary crisis accommodation http://www.austlii.edu.au/cgi-bin/viewdoc/au/legis/vic/consol_act/rta1997207/s22.html
Prevention of cruelty to animals Act 1986 Part 2 http://www.austlii.edu.au/cgi-bin/viewdb/au/legis/vic/consol_act/poctaa1986360/
WA Animal Welfare Act 2002 Sec 19 http://www.austlii.edu.au/cgi-bin/viewdoc/au/legis/wa/consol_act/awa2002128/s19.html

*** Vic legislation amendments to still be assented to:

Residential Tenancies Amendment (Long-term Tenancy Agreements) Bill 2017 passed 7/9/17 introduced and 2nd reading moved 7/9/17

Changes recommended as part of the review are expected to be introduced into the Victorian Parliament in 2018.

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