The NSW Government has announced plans to introduce a new offence for leaving dogs unattended in hot vehicles, but uncertainty remains over when the laws will be finalised, with consultation still underway despite an announcement earlier this week that the legislation is being drafted.
The proposed offence forms part of a broader review of the Prevention of Cruelty to Animals Act 1979, aimed at strengthening animal welfare protections and closing gaps in the current law.
Minister for Agriculture, Regional and Western NSW Tara Moriarty said the Minns Government was moving to draft legislation to modernise animal welfare laws as part of delivering on an election commitment.
“The Minns Government is committed to protecting animals from harm and promoting their welfare,” Ms Moriarty said.
“These proposed changes mark the most significant reform to the state’s animal welfare laws in years, delivering modern legislation that reflects contemporary community expectations.
“Leaving dogs in locked cars on hot days is not acceptable,” she said.
“I’ve heard firsthand community views that put expectations on our government to take action and set these matters right.
“Now we are getting on with the job of drafting a bill to change the Prevention of Cruelty to Animals Act.”
However, a spokesperson for the NSW Department of Primary Industries and Regional Development said key elements of the proposed offence are still being developed through consultation, highlighting a gap between the government’s policy intent and the practical detail required for legislation to be drafted.
“Currently there are no clearly defined thresholds or criteria around when leaving a dog in a hot car becomes an offence. The new offence will provide certainty around the requirements people must meet to protect dogs from this type of harm,” the spokesperson said.
Importantly for many with working dogs in the New England, proposed changes would likely also address risks faced by dogs travelling on the trays of utes during hot weather.
“The surface of a ute’s tray can heat up significantly on hot days. Currently there are no clearly defined requirements that ensure dogs travelling in a tray are appropriately protected from this surface heat,” the spokesperson said.
“The offence is intended to include time and temperature thresholds to clearly explain unacceptable behaviour, while also recognising actions a person can take to keep their vehicle cooled,” the spokesperson said.
This approach will be similar to laws currently in place in Victoria, but there is more work to do before the final rules will be clear.
“The details of the offence will be finalised following engagement with key stakeholders, including enforcement agencies, to ensure the laws are practical and proportionate,” the spokesperson said.
Animal welfare laws in NSW are enforced by RSPCA NSW, Animal Welfare League NSW and NSW Police.
“As with existing animal welfare laws, enforcement agencies will be able to consider the circumstances and use their professional discretion when responding to different situations,” the spokesperson said.
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