Acronyms and terms - agriculture.vic.gov.auagriculture.vic.gov.au/__data/assets/word_doc/...foster...groups.docx · Web viewSupplying to a pet shop. VEFCs selling to a pet shop

Community Foster Care Networks and Rescue Organisations

Questions and Answers

All question below were raised during or after Animal Welfare Victoria’s presentation to Community Foster Care Networks and Rescue Organisation in May 2018.

Acronyms and terms 84Y agreement: an agreement to seize, retain or dispose of dogs or cats with council under the Domestic Animals Act 1994

AWV: Animal Welfare Victoria

CFCN: Community Foster Care Network

DA Act: Domestic Animals Act 1994

PER: Pet Exchange Register

PFPS Act: Domestic Animals Amendment (Puppy Farms and Pet Shops) Act 2017

The review: the review into the regulatory frameworks for CFCNs and rescue organisations in Victoria

VEFC: Voluntarily enrolled foster carer

Purpose of changes/ How is DEDJTR helping?1. What was the purpose of introducing the changes to foster carers? What were you trying

to achieve?

It is important to recognise the individuals who are undertaking foster care in the community. It is the responsibility of the individual foster carers to register each animal in their care with their local council. The scheme allows for cheaper registration if foster carers choose to enrol.

2. You are drawing a distinction between for profit and not-for-profits. Why do you care about the not-for-profits?

Animal welfare is important regardless of whether an animal is being housed by a for profit organisation or a not for profit organisation.

3. What support can you offer groups rehoming from illegal breeders?

It is important the CFCNs work directly with the councils in which they have an 84Y agreement with. If animals have been seized, it is important that the processes are followed prior to rehoming. This includes an individual delivering any seized animal/s to council and stipulated waiting times for owners to have the opportunity to reclaim their animal. Foster carers who are taking on previously seized animals may become a VEFC in order to receive a reduced registration rate for those animals.

4. How will this include people who are individuals who occasionally rehome an animal as a foster carer directly?

Individuals who rehome animals directly may become a VEFC, and utilise pet shops as an outlet for adoption.

New definitions1. With foster carers now being individuals under the code, has the definition of rearer

changed?

The definition of rearer has been amended to be:

An enterprise which rears o keeps dogs (other than GRV greyhounds) or cat:

a) for the purpose of profit or sale, orb) for a fee or for exchange of services.

The definition of foster care is:

The care of a stray, abandoned or unwanted dog or cat (whether or not as part of a CFCN) that is temporary or for the purpose of finding a new home for the dog or cat and that takes place on a premise on which the care is being provided to no more than:

a) five dogs or adult equivalent dogs,b) five cats or adult equivalent cats, orc) a combination of five dogs or cats or animal adult equivalent dogs or cats.

2. We are supportive of things that increase transparency but now anyone can say they are a foster carer. Just anyone shouldn’t get to use that name. What is the policy behind this scheme?

It is important to recogise foster carers. We understand that registration fees for animals can become very expensive for foster carers, the scheme will allow for VEFCs to have a reduced registration rate. Further, as not all animals needing rehoming are from registered shelters and pounds, and CFCNs are not currently registered anywhere, it was important to have an outlet for these foster carers to also be able to supply pet shops.

animalwelfare.vic.gov.au

Council registration fees1. How much will it cost me to keep each animal? Are there more fees now?

Foster carers have always been required to pay registration fees on all dogs or cats over three months of age they keep at their property. This requirement has not changed.

If a foster carer chooses to enroll on the foster carer scheme, they may be charged a fee by their council for enrollment. VEFCs are then entitled to a reduced registration rate on animals under their foster care.

AWV has heard the concerns regarding costs of registration and it has been included for consideration in the review.

2. Many kittens still die after 12 weeks, why should I have to pay full registration for these?

Registration is required on all dogs or cats over three months of age, regardless of if you are a foster carer or the new owner.

You may be entitled to a partial refund from your council, however, this is council by council, and needs to be negotiated individually.

3. I’m concerned about rescuers that are already in debt and under the pump. Why can’t the government learn how to say thank you? Currently $8 per animal (rego) is too much.

The requirement to register a dog or cat has not changed. $8 for registration is a significant reduction from the previous rate, which may have been up to $100 per animal, depending on the council. AWV has heard the concerns regarding costs of registration and it has been included for consideration in the review.

4. NSW has section 16D which means free registration for 1 year for animals from a pound or shelter. Can Victoria do this?

Thank you for this suggestion. It has been included for consideration in the review.

5. Why can’t registration fees for all foster carers be zero?

Currently, under the DA Act councils cannot set registration fees at $0. It has been included for consideration in the review.

6. Can CFCNs register the dogs on behalf of foster carers, and provide the CFCN phone number as the point of contact?

Yes. You may register a dog or cat under the person responsible for the CFCN. You must however ensure that the place of residence is updated to the fosters carer’s home address.


Council registration (animal housing limits)1. Why permits for only 5 dogs? Number is too low, unrealistic for a recue group. Why can a

breeder have 50 and we can have only 5?

Several CFCNs informed AWV, both during consultation after the PFPS Act was first introduced into Parliament, that managing five animals requiring rehoming was an appropriate limit to place on foster carers. Holding more than five animals is considered a ‘large’ business under all the Domestic Animals Act 1994 code of practice. As such, over five animals is considered a shelter.

Council and the government regulate and inspect commercial breeders and such breeders must abide by a strict Code of Practice.

2. Why are there limits on how many animals you can keep?

Several CFCNs informed AWV, both during consultation after the PFPS Act was first introduced into Parliament, that managing five animals requiring rehoming was an appropriate limit to place on foster carers. Holding more than five animals is considered a ‘large’ business under the DA Act codes of practice. As such, over five animals residing in one location is considered a shelter.

3. Cats are different to dogs, can the number be revisited for cats?

Thank you for this suggestion. It will be considered in the review.

4. How long can we house an animal before we must find a foster carer?

You may house an animal for whatever length of time you choose to. Please note that all animals must be registered with council at the premises they are being kept. There is currently no time limit on this requirement, and it has been noted as an issue to be raised in the review.

5. If a foster carer has more than five foster animals do they have to become a shelter regardless of if they are the owner of a dog/cat or not? What if the property is a private home?

If over five adult equivalent dogs or cats are kept at the one property, that property must be registered as a shelter, regardless of if the property is in a commercial or residentially zoned area.


Voluntarily enrolled/registered foster carer1. Is the fee to register VEFCs set by councils? Is it council by council? Won’t implementation

be patchy? Who do we talk to if there are problems with that?

Individual councils set registration fees. AWV’s understanding is that most councils have set the fee at $50. If you are having trouble with your council, please email AWV at [email protected]. AWV provides advice to councils regarding the implementation of the DA Act, this includes the VEFC scheme. In terms of the VEFC scheme, AWV has provided sample registration templates, guidance materials and specific, tailored advice according to the circumstances to councils.

2. What will be the total cost of all new fees and charges on VEFC and CFCNs?

There are no compulsory new fees for CFCNs.

If a CFCN wants to hold an animal sale, it will cost to apply for the animal sale permit. The animal sale permit scheme is a new scheme to enable such sales. There fees vary for not-for-profits and for-profits.

VEFCs may need to pay a fee to council to enroll on the scheme. However, if individuals do enroll, they are then eligible for the reduced registration rate for each animal in foster care.

3. Can there be a clearer link between VEFC and CFCNs?

Thank you for this suggestion. It will be considered during the review.

Animal ownership1. The registration in the carer’s name will trump the microchip for ownership of the animal.

That means the individual carer are legally the owner, not the network. What is the department doing to change this?

Animals must be registered to the address in which they are being kept. The concerns of CFCNs has been noted and will be addressed through the review.

2. Can we still register our foster dogs as we used to – paying the registration fee, accepting it is in the foster carer’s name, but supplying our phone numbers as first contact?

Council registration forms vary from council to council. It is important to work with your individual councils. The issue has been noted and will be considered in the review.


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Supplying to a pet shop1. VEFCs selling to a pet shop is not clear. Is this not an opportunity for people to operate as

an individual outside the network to supply to pet shops? If the law is changed so that people can’t sell to a pet shop at all, won’t that fix it?

CFCNs and rescue groups may manage their own foster carers as they choose to, which may include not allowing a foster carer to enroll as a VEFC and supply a pet shop.

Thank you for your suggestion. It will be considered in future amendments.

2. What if breeders want to sell +6mths dogs?

Breeders are unable to supply pet shops, regardless of the age of the dogs or cats.

3. What about interstate sales – could a pet shop source dogs from an interstate breeder to sell?

No. Pet shops in Victoria can only source from registered Victorian shelters, pounds or VEFCs.

4. Do dogs and cats need to be desexed to be sold in a pet shop? Whose responsibility is it to desex them?

Shelters and pounds must desex animals before they are supplied to a pet shop. There is no requirement for VEFCs to desex animals before supplying to a pet shop. Pet shops do not have a requirement to desex animals before sale.

5. Will a VEFC sell from the pet shop or via the pet shop like adoption days?

Pet shops are only allowed to sell animals from their premises if it is in the course of conducting their business. This requirement has not changed. As such, a VEFC can sell an animal to a pet shop, for the pet shop to on sell.

An organisation can now utilise a pet shop for adoptions through an animal sales permit.

6. How do we know that brokers won’t pretend to be VEFC and provide animals to pet shops?

Council must exercise due diligence in approving VEFCs. AWV has provided sample VEFC registration templates, guidance materials and specific, tailored advice according to the circumstances to councils.

Councils have the right to refuse a registration as a foster carer if:

the applicant has failed to comply with any requirement of the DA Act or regulations

the applicant has been found guilty of certain offences or subject to orders under the Prevention to Cruelty to Animals Act 1986

the premises are registered as a domestic animal business the applicant is a proprietor of a domestic animal business, within the same council

or a different council.


Further, if a broker becomes a VEFC, they will not be able to supply puppies to pet shops until they are six months old.

7. We would rather not have any animals sold out of pet shops, but if we have to, what changes have been made to the conditions that animals are kept in whilst they are the responsibility of a pet shop?

Pet shops must abide by the Code of Practice for the Operation of Pet Shops. It is the intention of AWV to undertake a review of the Pet Shop code in the future.

8. Do I have to apply as a VEFC?

No. But there are benefits if you do enroll as a VEFC. If enrolled, you can supply pet shops and receive the reduced registration rate when registering dogs or cats with council.

Enforcement1. What is the role of councils in monitoring pet shops and VEFCs?

Councils are responsible for auditing and registering pet shops, including auditing the records kept.

Councils do not have any monitoring powers for VEFCs, however, if they suspect that a VEFC is running an unregistered domestic animal business, they have powers under the DA Act to investigate.

2. We know “foster carers” who just work for puppy farms. What’s to stop that?Council must exercise due diligence in approving VEFCs. AWV has provided sample VEFC registration templates, guidance materials and specific, tailored advice according to the circumstances to councils.

Councils have the right to refuse a registration as a foster carer if:

the applicant has failed to comply with any requirement of the DA Act or regulations

the applicant has been found guilty of certain offences or subject to orders under the Prevention to Cruelty to Animals Act 1986

the premises are registered as a domestic animal business the applicant is a proprietor of a domestic animal business, within the same council

or a different council.3. What are the repercussions for people pretending to be a foster carer but are actually

brokers?

If someone is running an unregistered domestic animal, there is a penalty of up to 600 penalty units. A VEFC may only keep up to 5 adult equivalent dogs or cats, and as such, going over that number would be considered running an unregistered domestic animal business.

4. Are the puppy farmers/breeders going to be audited?


Council are responsible for auditing all breeding domestic animal businesses upon registration or registration renewal. Commercial breeders will also be subject to departmental audits.

5. Will councils allocate resources to enforcement and close the loop holes?

Councils fund enforcement activities from dogs and cat registrations.

Pet Exchange Register (PER) (commencing on 1 July 2019)1. Does the PER source code apply to advertisements on our website and Facebook?

Yes. It will apply to all advertisements.

2. If I keep not registering, is it just the annual PER fee that I have to pay?

If you are advertising animals, you will need to pay the annual fee to register on the PER.

Currently, there are no registration fees to register as a CFCN or rescue group. All dogs and cats must continue to be registered with council.

3. Once councils get my info on PER, can they see how many cats I rehome each year? Will council use that information for compliance?

Council authorised officers are only able to view the information on the PER when undertaking compliance. The number of cats you rehome each year will not be recorded on the PER.

It is important to note that the AWV compliance team will monitor the use of source numbers in advertisements.

4. Will the PER apply to free to good home listings? Could it be used to make people get the animal desexed?

Yes. Free to good home advertisements will require a source number from the PER.

It is not intended to use the PER to enforce mandatory desexing.

5. What will the PER tell people? How does the source number tell people if it is a good or bad organisation, what are the criteria?

The PER will enable people to see if the organisation selling is registered or not, and certain information as per the DA Act e.g. the council name. To assist purchasers, the intent is that a prefix on the source number will indicate what type of organisation it is.

6. What reasons would the Secretary have to refuse a source number?

The Secretary can refuse to issue a source number if:

(i) the applicant has committed a specified animal cruelty offence in Victoria or interstate

(ii) the applicant has ever had a DA Act banning order(iii) the applicant has given false or misleading information in their application


(iv) any other prescribed reason (no other reason yet prescribed).


(v)7. What happens when people don’t want to get a source number?

Without a source number, dogs and cats will not be able to be legally advertised.

To further enhance traceability the intent is to amend the Domestic Animals Regulations 2015 to include the requirement to include the source number on a microchip. If the amendment proceeds, microchipping a dog or cat will not be possible without a source number.

8. Who is monitoring source numbers and their misuse? How will the department know if somebody is misusing another person’s number? How will you monitor that?

AWV will have a dedicated compliance team that will be responsible for monitoring source numbers and their misuse. Further, the public will be able to report the misuse of source numbers.

9. What happens to a source number if the animal is rehomed multiple times?

The advertiser will be required to use their own source number. However, the intent is that the breeder’s source number will remain on the microchip records of each individual dog and cat.

10. Why won’t you store all the source numbers against the microchip?

We are still looking into this possibility.

11. Will the department monitor source numbers for big breeders? Is it possible that they will try to have multiple source numbers?

Councils will be responsible for providing data on registered domestic animal businesses into the PER. If an individual also attempts to register themselves, this would be considered using false or misleading information, and the application would be rejected.

12. What if a dog hasn’t been microchipped before I get it. Do I need a source number?

We are still working through how this policy will affect those needing to microchip an animal who are not the breeder.

13. What are the information requirements for different types of source numbers?

Domestic animal business must provide:

(i) proprietor name**(ii) name of office holders if a body corporate(iii) address(iv) telephone number**(v) email address**(vi) for each registered dog or cat:

a. microchipb. name, breed, sex, age and colourc. number of littersd. fertile status


(vii) known offences(viii) details of any banning orders(ix) source number (if known) *(x) council*(xi) domestic animal business registration number*(xii) type of domestic animal business(xiii) owner of the land on which the premises is located(xiv) registration date(xv) date of most recent inspection

VEFC must provide:

(i) name**(ii) telephone number**(iii) email address**(iv) residential address(v) source number (if known) *(vi) council*

Recreational breeders must provide:

(i) name**(ii) address (iii) telephone number**(iv) email address**(v) for each registered dog or cat:

a. microchipb. name, breed, sex, age and colourc. number of littersd. fertile status

(vi) known offences(vii) details of any banning orders(viii) source number (if known) *(ix) council*(x) applicable organisation*(xi) applicable organisation membership number*(xii) date of most recent inspection by applicable organisation

Microbreeders must provide:

(i) name(ii) address(iii) telephone number(iv) email address(v) for each registered dog or cat:

a. microchip


b. name, breed, sex, age and colourc. number of littersd. fertile status

(vi) source number (if known) *(vii) council*

All other persons (including CFCNs) must provide;

(i) name(ii) telephone number(iii) email address(iv) source number (if known) *(v) council*

* = publicly available information** = only publicly available if requested

14. How will the department ensure that a source number doesn’t provide legitimacy to backyard breeders and people who may funnel puppies through the VEFC scheme?

For the first time, AWV will have a compliance team. This team will be responsible for ensuring the validity of the data on the PER, including the number of animals being sold under the source numbers.

15. How will it work for CFCNs that are located in one council, but the dog/cat is listed as residing in another area?

It is proposed that CFCNs will be clearly identified as such on the PER. It will be the responsibility of the advertiser, which AWV understands would be the CFCN, to have a source number.

16. Can this system be adjusted to monitor and track a dog? Including the amount of litters they have when they are surrendered, etc to further support their care and welfare. There doesn't seem to be a reporting process for Breeders and Pet Shops to ensure the well-being of dogs and cats.

AWV will look into this suggestion.

Domestic animal businesses, microbreeders and recreational breeders are required to provide the number of litters along with other features of registered dogs and cats.

17. Will the Pet Exchange Register be able to be in the Group’s name with no residential address supplied?

CFCNs will not have to provide a residential address in their application or a source number. Only the relevant local council area for the CFCN manager.

18. Instead of foster carers having a source number and registering the dogs or cats with council could a database be developed alongside the Pet Exchange Register?

AWV will look into this suggestion. AWV’s first priority is to build the PER to meet legislative requirements. All suggestions for enhancements and/or additional functionalities will be recorded and considered at a later stage.


19. How will you ensure that individuals only have one source number, and breeders are not trying to hide behind multiple?

AWV will have a dedicated compliance team responsible for assessing the applications to be on the PER.

Animal sale permits 1. Permits required for adoption days – what’s behind that? Why did you introduce it?

Prior to the introduction of the permit system, under the DA Act, if a group was holding an adoption day, they could not sell a pet unless the sale was happening at a private residence or a registered domestic animal business. With the permit system in place, CFCNs and rescue groups will be able to sell animals at public adoption days rather than just holding adoption awareness days.

2. Why do we have to have sale guarantees?

It is important that buyers have cooling off periods, or the ability to return animals, if they quickly realise they are unable to keep them.

3. What kind of good is a pet under consumer law?

Under the Competition and Consumer Act 2010 (Cth) pets are considered “goods - animals”. As such, all consumer protection around goods apply.

4. What should a sale guarantee look like?

AWV recommend that organisations use or adapt the sale guarantee from the Code of Practice for the Operation of Pet Shops, or the Code of Practice for the Management of Dogs and Cats in Shelters and Pounds.

AWV is also able to assist individuals applying for a permit directly.

5. What is the turnaround time on ASPs - how far in advance do we need to apply?

Turnaround time varies depending on the complexity of the application. AWV recommends you allow at least two weeks for applications to be processed.

6. Why is there a 28-day reporting requirement? What is the purpose of the report back on ASPs?

A report is required for accountability of the holders of the permits. Further, it allows permit holders to self-report any issues that arose.

7. What will be the role of councils in compliance?

Councils will be informed of all animal sale permit events. If a council authorised officer attends the events and finds an animal welfare breach, they may immediately shut down the sale.

8. Why is there no sale permit required when selling from a private residential address? This is often the source used for what will be called Commercial Breeders.


The DA Act allows for pets to be sold from a private residence or registered domestic animal business. The permit system is designed for sales that may occur in a public space.

Approved Commercial Breeders may sell puppies from their registered domestic animal business premises or residential premises.

9. Is the sale permit more focused on public liability? It doesn't appear to have a direct link to animal welfare.

The DA Act, prior to the amendment that passed in December last year, did not allow the sale of an animal unless it was sold from a registered domestic animal business or a residential property. This was to stop the sale of pets at markets etc. The Animal Sale Permit scheme allows sale events to be held in any appropriate location in Victoria. Sales under the Animal Sale permit will occur in public spaces. As such, public liability insurance is required.

To ensure animal welfare is considered in the design of the sale, permit applications also require emergency management plans and animal care policies.

10. Can multiple permits be easily put in? It all needs preplanning when often we don’t know if we will have cats available at that time. Surely there can be a more open-ended permit?

You may apply for as many permits as you like in one application, however, the applications must relate to a specific time, date and place.

AWV can assist animal sale permit applications with the process.

11. Do I have to become a VEFC to get a permit for my group?

No. Anyone can apply for an animal sales permit.


Shelters1. Can a shelter also run as a CFCN?

A registered shelter must abide by the Code of Practice for the Management of Dogs and Cats in Shelters and Pounds. They may also utilise foster carers as part of their business model.

Shelters may run two separate models for the rehoming of their animals. When animals are being kept in the shelter, they must be kennelled or kept as per the relevant code of practice. If a shelter also runs a CFCN where animals are not kept at one premises, but fostered through a network they manage, the animals must be registered with council as per the other requirements for CFCNs.

2. Can a shelter claim to be a CFCN to avoid meeting the Code of Practice? For example: In the Code a shelter must return their foster care animals to the shelter to be rehomed. CFCNs operate completely differently by rehoming straight from the foster carer’s residential property.

No. If the business meets the definition of an animal shelter, they must register with their local council. Similarly, if a CFCN changes their business model, and starts operating as a shelter, they must register as such with its council.

3. What is the difference between a CFCN and a shelter? How do they work together in legislation?

A CFCN must not keep more than 5 adult equivalent dogs or cats at the one property and coordinates a network of individual foster carers. A shelter must be registered with council and abide by the relevant business Code of Practice.


Documents

Acronyms and terms - agriculture.vic.gov.auagriculture.vic.gov.au/__data/assets/word_doc/...foster...groups.docx · Web viewSupplying to a pet shop. VEFCs selling to a pet shop