Legislation and Regulations

RSPCA NSW not only strives to enforce existing animal welfare legislation, but also to reform existing regulations to create a better, more compassionate world for people and animals alike.

There are currently no federal laws governing animal welfare in Australia. In fact, all Australian states and territories regulate animal welfare within their jurisdiction. In NSW, animal welfare is primarily governed by the Prevention of Cruelty to Animals Act 1979 (POCTAA), which authorises RSPCA NSW to investigate cases of animal cruelty and enforce animal welfare legislation throughout NSW. 

Recently, legislation has evolved to broaden its scope from simply prohibiting acts of cruelty to animals, to actively promoting the welfare of animals. As the leading animal welfare organisation in NSW, our mission to protect and care for animals goes beyond fighting animal cruelty. Through advocacy, research, education, and outreach assistance, we’re helping build a brighter future for vulnerable animals across NSW. 

Prevention of Cruelty to Animals Act 1979

Under the Prevention of Cruelty to Animals Act 1979 (POCTAA), our Inspectorate has the power to remove animals from owners who are cruel, neglectful, or indifferent to their animals’ suffering.  

POCTAA also authorises RSPCA NSW Inspectors to enter private land to examine animals if they have reasonable grounds to suspect an offence is, has, or is going to be committed with respect to an animal. Inspectors can enter private dwellings with either the consent of the occupier of the home, the authority of a search warrant, or if the Inspector has reasonable grounds to believe that an animal has suffered significant physical injury, is in imminent danger of suffering significant physical injury, or has a life-threatening condition that requires immediate veterinary treatment. 

RSPCA NSW Inspectors investigate more than 15,000 complaints a year. Many issues are dealt with on the spot by educating animal guardians regarding their responsibilities, whereas more serious deliberate cruelty cases are referred to a court for prosecution. Our team is trained to investigate complaints against all kinds of animals in all kinds of situations. The most common complaints are failure to provide adequate food, shelter, or veterinary treatment. Inspectors also frequently investigate:

  • Animal abandonment  
  • Failure to provide animals with proper or sufficient food  
  • Failure to provide animals with veterinary treatment  
  • Acts of intentional cruelty and harm  
  • Continually tethered animals  
  • Drought-affected livestock  
  • Animal hoarding  
  • Pet shops  
  • Animal breeding facilities  
  • Sale yards  

RSPCA NSW Inspectors are on the front lines in the fight against animal cruelty. As the largest animal welfare enforcement agency in NSW, our Inspectorate is key to our mission to protect and care for vulnerable animals. Our dedicated team responds to a wide array of cruelty complaints, from reports of deliberate cruelty to instances of unintentional neglect.

RSPCA NSW has a dedicated Breeders Compliance Unit (BCU) committed to ensuring the welfare of breeding animals across the state. When not responding to complaints pertaining to unethical breeding practices, our team proactively inspects known breeding establishments to ensure they are complying with the Breeding Code for Cats and Dogs. 

If you have suspicions or concerns that an animal is being mistreated or neglected, please submit an animal cruelty report to RSPCA NSW.

Frequently asked questions

Is there federal legislation governing animal welfare in Australia?

There are currently no national laws that govern animal welfare in Australia. All Australian states and territories regulate animal welfare within their jurisdiction. In NSW, animal welfare is primarily governed by the Prevention of Cruelty to Animals Act 1979 (POCTAA). 

Visit the RSPCA Knowledgebase to discover more about how animal welfare legislation provides protection for animals in Australia. 

Most farm animal welfare is the responsibility of state and territory governments. However, if you have concerns relating to farm animal welfare, you can write to the Federal Minister for Agriculture, Fisheries and Forestry. 

The Hon Julie Collins MP 

Minister for Agriculture, Fisheries and Forestry 

PO Box 6022 

House of Representatives 

Parliament House 

Canberra ACT 2600 

Email: julie.collins.mp@aph.gov.au 

Phone: (02) 6277 7190 

 

If you witness any animal cruelty or suspect an emergency involving an animal, please contact RSPCA NSW straight away. The animal emergency hotline number is 1300 CRUELTY (1300 278 3589). You can also submit an animal cruelty report using the online form found here.