Wednesday, 13 August 2025

Bills

Domestic Animals Amendment (Rehoming Cats and Dogs and Other Matters) Bill 2025

Statement of compatibility

Ros SPENCE (Kalkallo – Minister for Agriculture, Minister for Community Sport, Minister for Carers and Volunteers) (11:17): In accordance with the Charter of Human Rights and Responsibilities Act 2006, I table a statement of compatibility in relation to the Domestic Animals Amendment (Rehoming Cats and Dogs and Other Matters) Bill 2025:

Opening paragraphs

In accordance with section 28 of the Charter of Human Rights and Responsibilities Act 2006 (the Charter), I make this statement of compatibility with respect to the Domestic Animal Amendment (Rehoming Cats and Dogs and Other Matters) Bill 2025 (the Bill).

In my opinion, the Bill, as introduced to the Legislative Assembly, is compatible with the human rights protected by the Charter. I base my opinion on the reasons outlined in this statement.

Overview

The main purposes of the Bill are to amend the Domestic Animal Act 1994 to repeal the foster care registration scheme under Part 5B of that Act and provide for an authorisation scheme for pet rehoming organisations. The new scheme will provide for councils to be informed about animals in foster care in their municipal districts and provide for the collection of information about outcomes of efforts to rehome dogs and cats by the authorised pet rehoming organisations.

It also includes:

• an amendment to section 74(2) of the Domestic Animal Act 1994 to clarify that authorised officers have the power to enter any part of a premises (including a backyard), excluding a building that is occupied as a residential home, and any vehicle that is not used as a residence (e.g. campervan or caravan) in order to determine compliance with the Act, regulations, licences and notices to comply.

• an amendment to ensure there is clear authority for regulations to prescribe a class of dog for which reduced registration fees are payable.

Human Rights Issues

Human rights protected by the Charter that are relevant to the Bill

The right to privacy (section 13 of the Charter), property rights (section 20 of the Charter) and the right to a fair hearing (section 24 of the Charter) may be relevant to the Bill.

In practice, it is likely that the Bill’s provisions relating to the new pet rehoming authorisation scheme will mostly regulate entities rather than natural persons. To be able to apply for authorisation under the new scheme an applicant must provide the applicant’s ABN and confirmation of Charity registration with the Australian Charities and Not-for-profits Commission. The applicant may be an incorporated entity, an unincorporated entity or a natural person. Corporate entities are not considered a ‘person’ under the Charter and as such, do not engage human rights specified in the Charter.

For the following reasons, I am satisfied that the Bill is compatible with the Charter and, if any rights are limited, those limitations are reasonably and demonstrably justified having regard to the factors in section ‍7(2) of the Charter.

Right to privacy (section 13 of the Charter)

Section 13(a) of the Charter provides that a person has the right not have their privacy or home unlawfully or arbitrarily interfered with.

Part 4 of the Bill inserts a new requirement for the Secretary to maintain an information register (pet rehoming register) which will contain information pertaining to a pet rehoming organisation including the names and contact details of the person or persons who are or will be responsible for administering that organisation. Persons whose information must be included in the register are those who have voluntarily chosen to participate in the scheme.

New section 68ZJ in clause 39 of the Bill will enable certain persons to inspect, in accordance with any regulations, information on the pet rehoming register. These persons include –

• the Secretary or a person employed in the Department, acting in the course of the Secretary or person’s duties under the Domestic Animal Act 1994;

• a Council or person engaged or employed by the Council acting in the course of the Council or person’ duties under the Domestic Animal Act 1994;

• a departmental authorised officer or a Council authorised officer acting in the course of the officers duties under the Domestic Animal Act 1994;

• a person responsible for administering an authorised pet rehoming organisation for the purpose of providing information regarding the organisation as required under the Domestic Animal Act 1994 or regulations;

• an animal shelter or Council pound for the purpose of providing information in accordance with the Domestic Animal Act 1994, regulations or a business code of practice.

Access to the information is to either enable those persons to undertake their duties or, in the case of non-governmental employees, to access and update their own data. As such access to the information on the pet rehoming register is limited to legitimate purposes.

New section 68ZK provides that the general inspector, as identified under section 18(1)(b)(ii) under the Prevention of Cruelty to Animals Act 1986, may request in writing that the Secretary provide the general inspector with information from the pet rehoming register that relates to the fate and location of an animal under the management and direction of an authorised pet rehoming organisation. Information disclosed under this new section does not include personal information of natural persons and therefore does not limit the right to privacy.

Under clause 42, members of the public will have access to source numbers of pet rehoming organisations for the purpose of purchasing or obtaining a cat or dog. The source number assists members of the public to ensure that animals they purchase or obtain are from a valid source.

The right to privacy may also be engaged by amendments to section 74 of the Domestic Animal Act 1994, which enables authorised officers to access any premises other than a building occupied as a home or any vehicle that is not used as a place of residence. The purpose of this access is to enforce compliance with the Domestic Animal Act 1994, regulations and other instruments issued under that Act. Excluding buildings occupied as a home and vehicles used as a place of residence from the scope of the power, reduces any impact on the right to privacy.

The collection and disclosure of information for the purposes of the pet rehoming register is neither unlawful nor arbitrary. It is limited to clearly defined circumstances and for a legitimate purpose. Similarly, the powers conferred on authorised officers to access premises is clearly defined and is therefore neither unlawful nor arbitrary. Therefore, in my opinion the right to privacy is not limited.

Property rights (section 20 of the Charter)

Section 20 of the Charter provides that a person must not be deprived of their property other than in accordance with law. For the purposes of section 20, property includes all real property interests recognised under the general law. This right relevantly requires that powers which authorise the deprivation of property are conferred by legislation, are confined and structured rather than unclear, are accessible to the public, and are formulated precisely.

For property rights to be limited, any interference must constitute a deprivation of property. International jurisprudence indicates that a deprivation of property will extend to include a substantial restriction on a person’s use or enjoyment of their property.

Clause 45 of the Bill amends section 74(2) of the Domestic Animal Act 1994 to clarify that an authorised officer may enter any premises other than a building occupied as a home, or any vehicle that is not used as a place of residence, for the purpose of enforcing compliance with the Act, regulations and other instruments issued under that Act. It is important that authorised officers have clear powers to access premises to enable timely action to be taken under the Domestic Animal Act 1994, for example, to seize animals that may pose a threat to public safety.

While this may restrict a person’s use or enjoyment of their property, it is confined to circumstances clearly set out in legislation and for a legitimate purpose. The amendment does not remove the need for an authorised officer to obtain a warrant before entering into a person’s private home.

Therefore, in my opinion the amendment does not limit property rights under section 20 of the Charter.

Right to a fair hearing (section 24 of the Charter)

Section 24(1) of the Charter relevantly provides that a party to a civil proceeding has the right to have the proceeding decided by a competent, independent and impartial court or tribunal after a fair and public hearing. The concept of a ‘civil proceeding’ is not limited to judicial decision makers but may encompass the decision-making procedures of many types of tribunals, boards and other administrative decision-makers with the power to determine private rights and interests. This right may be engaged by new section 68KF, inserted by clause 7 of the Bill, in relation to revocation of pet rehoming organisation authorisation. In relation to decisions to issue or renew a licence, unless a decision determines existing rights, it is understood the fair hearing right is unlikely to apply. Accordingly, the Secretary’s power to revoke an authorisation – which is similar to a licence – in clause 7, revokes an existing interest and therefore could engage the right to fair hearing. In any case, the Bill applies various procedural fairness safeguards to a decision to revoke an authorisation. New section 68KF(2) requires the Secretary to give notice to the holder of an authorisation and to consider any response made by the holder of authorisation before making a decision to revoke an authorisation. New section 68KF(3) requires the Secretary to give notice of a decision to revoke, including reasons for the decision. On this basis, the right to a fair hearing may be engaged but is not limited by the Bill.

Ros Spence MP

Minister for Agriculture

Second reading

Ros SPENCE (Kalkallo – Minister for Agriculture, Minister for Community Sport, Minister for Carers and Volunteers) (11:17): I move:

That this bill be now read a second time.

I ask that my second-reading speech be incorporated into Hansard.

Incorporated speech as follows:

I am pleased to rise to speak on the Domestic Animals Amendment (Rehoming Cats and Dogs and Other Matters) Bill 2025.

The Victorian Government recognises the valuable services provided by Victoria’s pet rehoming sector.

We are committed to supporting the sector and its people, most of whom volunteer their time and dedication to take in, rehabilitate and find new homes for cats and dogs in Victoria. This Bill has its origins in the Taskforce for Rehoming Pets, which our government established to investigate and recommend ways the government could improve and further support the rehoming of dogs and cats in Victoria.

The Bill demonstrates the government’s commitment to implementing all 17 recommendations the Taskforce made in its final report.

This Bill formally recognises, for the first time in our state, the significant contribution that Victoria’s pet rehoming organisations make in finding homes for cats and dogs.

The Bill delivers on five recommendations of the report from the Taskforce on Rehoming Pets.

This includes recommendations to implement a regulatory framework which creates a voluntary authorisation scheme for pet rehoming organisations. This scheme would achieve two key improvements:

• First, organisations authorised with the scheme can access specific benefits to reduce financial burdens and enhance rehoming opportunities for animals under their management.

• Second, organisations authorised with the scheme must meet certain requirements including the reporting of animal fate data, harmonising requirements amongst all pet rehoming services including shelters and pounds.

A growing number of cats and dogs in Victoria need new homes, and it is vital that local and state government have a better understanding of where these animals are, and how they’re being rehomed.

Extensive consultations with the pet rehoming sector over the past 4 years has informed the Bill and the regulatory framework it proposes.

A Rehoming Pets Working Group was established, comprising representatives from community pet rehoming organisations, pounds, shelters and local government, who have provided their advice and input.

Surveys and workshops with pet rehoming organisations have also informed these important reforms.

I take this opportunity to thank members of the Rehoming Pets Working Group and all those who have contributed their advice and input to date.

Overview of the Domestic Animals Amendment (Rehoming Cats and Dogs and Other Matters) Bill ‍2025

Preliminary matters

The Bill provides for delayed commencement of 10 April 2027, but some Parts can be proclaimed earlier than 10 April 2027 where required.

The proposed commencement period is intended to support the development of subordinate instruments and to enable Agriculture Victoria, local governments, pet rehoming organisations, and shelters and pounds to transition to the new arrangements.

This Bill will establish the Pet Rehoming Authorisation Scheme.

This scheme will enable charitable pet rehoming organisations to apply to the Secretary of my department to be authorised.

Authorisation will be granted subject to certain conditions imposed by the Secretary and/or prescribed in regulations and remain in place for no more than 3 years, at which time a pet rehoming organisation could apply to renew its authorisation.

The Authorisation Scheme will be voluntary for pet rehoming organisations, with benefits offered to incentivise their participation.

If a group chooses not to become an authorised pet rehoming organisation, they will still be able to operate, but they could not access these benefits, which I’ll speak about shortly.

The Bill provides for the State Government to undertake the administrative, regulatory and compliance functions for the Pet Rehoming Organisation Authorisation scheme.

Subject to the Bill passing, regulations will set out additional requirements that authorised pet rehoming organisations must meet.

These requirements will include reporting on the location of animals under the care of an authorised pet rehoming organisation and may include mandatory pre-adoption activities such as desexing and vaccination, or the reporting of animal fate data to government.

Setting these requirements will improve animal welfare outcomes for cats and dogs in the rehoming sector and enable pet rehoming organisations to demonstrate their high standards of animal management and care.

The Bill proposes to repeal the current voluntary Foster Care Registration Scheme from the Domestic Animals Act 1994.

There has been very low take up of the Foster Care Registration Scheme since its introduction as part of the puppy farm and pet shop reforms we made in 2017. Acknowledging this, and the sector-identified need to recognise organisations rehoming cats and dogs, rather than individual foster carers, the Bill will remove the Foster Care Scheme.

Instead, the Pet Rehoming Authorisation Scheme will centralise animal foster care activities under authorised and regulated rehoming organisations; whether they are an authorised pet rehoming organisation, or an animal shelter or pound.

Foster carers will continue their valuable role in the cat and dog rehoming and care process, but the proposed changes will alleviate regulatory and administrative burden for volunteer foster carers and recognise the critical role of pet rehoming organisations.

The Bill will require the Secretary to keep and maintain a Pet Rehoming Information Register to record the granting, renewal or cancellation of the authorisation of pet rehoming organisations.

This Information Register will support notification requirements from pet rehoming organisations to state government and local government.

The Information Register will also support the reporting requirements of pet rehoming organisations, pounds and shelters to state government on the fate of animals in their care.

A central repository for all reporting information requirements of the Pet Rehoming Authorisation Scheme will eliminate administrative complexity and burden for authorised organisations, most of which are led and operated by volunteers.

The Bill proposes a range of amendments to the Domestic Animals Act 1994 to support the rehoming activities of organisations that participate in the Pet Rehoming Authorisation Scheme.

These amendments include enabling authorised pet rehoming organisations to hold adoption days to rehome cats and dogs at pounds, animal shelters and at pet shops.

The Bill will enable pet rehoming organisations to hold adoption days in pet shops that are prescribed as domestic animal businesses under the Domestic Animals Act 1994.

This will provide similar rehoming opportunities to pet rehoming organisations as are currently available to pounds and shelters.

Adoption days at pet shops will provide a wider exposure to animals available for adoption by authorised pet rehoming organisations, and support the rehoming of more animals.

Pet rehoming organisations will be able to promote their activities on these adoption days, and to educate the community about the rehoming work they do.

This is not a relaxation of Government policy in relation to the sale of dogs and cats at pet shops. Strict conditions will apply to adoption days held by pet rehoming organisations at pet shops.

Current minimum age requirements for the sale of cats and dogs at these events will remain unchanged, at 6 months for dogs and 8 weeks for cats.

Consistent with current offences set out in the Domestic Animals Act 1994, penalties will apply to any authorised pet rehoming organisation that sells or gives away a dog or cat at a pet shop under these ages.

Notification and reporting requirements are proposed before an adoption day and to confirm ‘sales’ after an event, which aim to support compliance and monitoring by the state government and local councils.

Authorised officers will have powers to shut down adoption days if they reasonably believe the welfare of animals is at risk.

The Bill also provides for benefits which are aimed at reducing the financial and administrative costs for scheme participants. The scheme allows for participants to access an exemption from registering foster cats and dogs with their local council for the first 12 months an animal is held in foster care, while a permanent home is being sought.

The Domestic Animals Act 1994 requires the owner of a cat or dog to register an animal with their local council if the animal is over 3 months of age.

Our consultation with pet rehoming organisations highlighted that registering cats and dogs in their temporary care with their local council can be a financial and administrative burden.

Many animals are coming into their care often for only short periods of time, which means that council registration can be cost prohibitive.

The exemption from registering an animal in their care with the local council for the first 12 months will alleviate cost and administration pressures for authorised pet rehoming organisations.

An authorised pet rehoming organisations will be issued with a 3-year, no-cost source number via the Pet Exchange Register to match the period the authorisation remains in place. This will remove the need for scheme participants to renew and pay for a source number every year, as is currently the case.

The Bill also provides a head of power to prescribe the types of organisations that local councils can enter into agreements with to undertake animal management activities such as giving animals to pet rehoming organisations to facilitate and permit permanent rehoming.

These agreements, known as 84Y agreements, are currently available to local councils.

This change will not impact the ability of local councils to enter into agreements with other rehoming partners such as animal shelters and veterinary clinics.

The Bill also provides for an authorised pet rehoming organisation to have limited access to inspect the Victorian Declared Dog Register, to review the declared or menacing status of a dog surrendered to them.

Providing limited access to the Declared Dog Register is necessary, as it is intended that pet rehoming organisations be prohibited from rehoming dogs declared on the Register, consistent with requirements for pounds and shelters which are prohibited from rehoming aggressive or antisocial animals.

To appropriately manage privacy and information security, an authorised pet rehoming organisation will not have access to all information on the Declared Dog Register, or be able to amend information on the Register, such as the identifying information of a dog owner.

An authorised pet rehoming organisation will only have access to the Declared Dog Register to determine the status of a dog.

Organisations that choose not to participate in the Pet Rehoming Authorisation Scheme will not be able to access these benefits.

Those organisations will still need to meet the requirements of the Domestic Animals Act 1994 and local laws, including registering animals in their care.

For non-authorised pet rehoming organisations, failure to meet these requirements could result in penalties or offences under the relevant legislation.

Definitions

The Bill replaces the definition of community foster care network with pet rehoming organisation.

The term pet rehoming organisation more accurately describes the activity of the sector, which is made up of organisations that label themselves as community foster Care networks, rescue groups, or pet adoption groups.

These groups conduct the same core activity; that is, arranging temporary housing for cats and dogs in private residential premises, and seeking permanent homes for these animals.

The term pet rehoming organisation is more inclusive than community foster care network, and reflects the entire sector and its activity.

Minor consequential amendments to three other sections of the Domestic Animals Act 1994 will also be made to support this change.

Australian Charities and Not-for-profits Commission registration

The Bill sets out that a pet rehoming organisation may apply to the Secretary for authorisation on the condition the organisation is registered under Part 2-1 of the Australian Charities and Not-for-profits Commission Act ‍2012 (Commonwealth).

The key principles set out in the Victorian Permissions Framework were considered during the development of the Pet Rehoming Authorisation Scheme. The Permissions Framework was also applied throughout the development of the draft Bill.

The Bill includes two additional amendments to the Domestic Animals Act 1994 to clarify two minor issues in relation to Powers of Entry and Registration Fees.

Powers of entry

The proposed Bill amendment will clarify that authorised officers may enter whole or part of any premises, excluding a building that is occupied as a residential home.

Specifically, this amendment will clarify that authorised offices can enter a residential backyard.

Currently, section 74(2) of the Domestic Animals Act sets out the arrangements for entry by authorised organisations exercising a power under sections 72(1), (1A) or (1B) – to determine whether the Act and its regulations as well as licences and notice to comply are being complied with.

The Domestic Animals Act prescribes that authorised officers may at any reasonable time and by any reasonable means, and with any assistance which an authorised officer require entry to any premises or part of a premises not occupied as a place of residence or any vehicle; or search the whole or any part of any premises or any vehicle.

The phrase ‘premises not occupied as a place of residence’ as described has given rise to legislative uncertainty as to whether an authorised office can enter a residential backyard. This change will remove any legislative uncertainty and clarify this provision to align with the original intention of the section.

Authorised officers currently require a warrant to enter the inside of a home. There is no intention to change this requirement.

Reduced Registration Fees

Regulation 13 in the Domestic Animal Regulations 2015 is currently relied on to allow microchipped hounds registered with the Game Management Authority to qualify for a reduced registration fee with councils.

To ensure there is clear authority for the regulations to provide for these reduced registration fees, the Bill will amend the Schedule in the Domestic Animals to clarify that regulations can prescribe a class of dog that is entitled to a reduced registration fee. This amendment will also remove current inconsistencies and ambiguity within the DA Act, specifically within the Schedule, about whether all animals that are microchipped (other than dangerous, menacing or restricted breed dogs) are entitled to a reduced registration fee with councils. This is a legacy issue. Microchipping was once a criteria that made an animal eligible for a reduced registration fee. However, microchipping has been compulsory for 20 years. All animals should now be microchipped. It is now inappropriate for microchipping to be legislated as a criteria for a reduced registration fee.

Other currently listed criteria for dogs that are eligible for a reduced registration fee would not change.

I commend the Bill to the house.

Tim BULL (Gippsland East) (11:18): I move:

That debate be adjourned.

Motion agreed to and debate adjourned.

Ordered that debate be adjourned for two weeks. Debate adjourned until Wednesday 27 August.