{"id":"BILL-WA-87C43A57E2A70C3248258D080081B074","name":"Animal Welfare Amendment (Chief Animal Protection Officer) Bill 2025","slug":"animal-welfare-amendment-chief-animal-protection-officer-bill-2025","collection":"bill","jurisdiction":"wa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":"2025-09-18","administeringDepartment":null,"currentVersion":{"id":446149,"registerId":"BILL-WA-87C43A57E2A70C3248258D080081B074:current","compilationNumber":null,"startDate":"2025-09-18","status":"in_force","reasons":null,"registeredAt":"2026-05-08T16:47:23.423Z"},"sections":[{"sectionNumber":"retrieval-0001","sectionType":"document_chunk","heading":"Document excerpt 1","content":"# Animal Welfare Amendment (Chief Animal Protection Officer) Bill 2025\n\n40—1 page i\nWestern Australia\nAnimal Welfare Amendment (Chief Animal\nProtection Officer) Bill 2025\nContents\nPart 1 — Preliminary\n1. Short title 2\n2. Commencement 2\nPart 2 — Animal Welfare Act 2002\namended\n3. Act amended 3\n4. Section 3 amended 3\n5. Section 5 amended 3\n6. Part 1A inserted 4\nPart 1A — Office of Chief Animal Protection Officer\nDivision 1 — Preliminary\n5A. Terms used 4\nDivision 2 — Office of Chief Animal Protection\nOfficer\nSubdivision 1 — Appointment\n5B. Appointment of Chief Animal Protection\nOfficer 4\n5C. Remuneration, terms and conditions 5\n5D. Oath or affirmation 5\n5E. Persons eligible for appointment 6\n5F. When office becomes vacant 7\n5G. Resignation 7\n5H. Suspension or removal from office 7\n5I. Outside employment 8\n5J. Conflict of interest 9\n5K. Public service officer appointed as Chief\nAnimal Protection Officer 9\n5L. Appointment of Acting Chief Animal\nProtection Officer 10\n\nAnimal Welfare Amendment (Chief Animal Protection Officer) Bill 2025\nContents\npage ii\nSubdivision 2 — Functions of Chief Animal\nProtection Officer\n5M. Functions of Chief Animal Protection\nOfficer 12\n5N. Delegations 13\nSubdivision 3 — Notices to produce or attend\n5O. Term used: notice to produce or attend 14\n5P. Purposes for exercise of powers 14\n5Q. Notice to produce or attend 14\n5R. Contents of notice to produce or attend 15\n5S. Variation or withdrawal of notice to\nproduce or attend 16\n5T. Powers of Chief Animal Protection Officer\nin relation to persons attending and\ndocuments 16\n5U. Failure to comply with notice to produce or\nattend 16\nSubdivision 4 — Staff and related provisions\n5V. Staff 17\n5W. Use of government staff and facilities 17\n5X. Engagement of service providers 18\nSubdivision 5 — Chief Animal Protection Officer’s\nrelationship with Minister\n5Y. Independence of Chief Animal Protection\nOfficer 18\n5Z. Minister may give directions 18\n5ZA. Minister may request information 19\nDivision 3 — Independent Office of Animal\nProtection\n5ZB. Independent Office of Animal Protection 21\nDivision 4 — Animal Protection Advisory Committee\n5ZC. Animal Protection Advisory Committee\nestablished 21\n5ZD. Membership of Committee 21\n5ZE. Function of Committee 22\n5ZF. Regulations about Committee 22\n5ZG. Annual report of Committee 23\nDivision 5 — Reporting requirements for Chief\nAnimal Protection Officer\nSubdivision 1 — Preparation of reports by Chief\nAnimal Protection Officer\n5ZH. Annual reports 24\n5ZI. Reports on other matters 24\nSubdivision 2 — General provisions\n5ZJ. Terms used 25\n5ZK. Information included in reports 25\n\nAnimal Welfare Amendment (Chief Animal Protection Officer) Bill 2025\nContents\npage iii\n5ZL. Adverse matters in report 26\n5ZM. Minister to be given and may comment on\ndraft reports 26\n5ZN. Reports to be laid before Parliament 27\n5ZO. Publication of reports 27\nDivision 6 — Regulations\n5ZP. Regulations about Chief Animal Protection\nOfficer 28\n7. Section 33 amended 28\n8. Section 35A amended 29\n9. Section 64 replaced 29\n64. Appointment of authorised persons 29\n10. Section 65 amended 30\n11. Section 82 amended 30\n12. Section 89 deleted 31\n13. Section 90 amended 31\n14. Section 90A inserted 31\n90A. Information sharing 31\n15. Section 92 amended 33\n16. Section 94 amended 33\n17. Section 94A inserted 34\n94A. Transitional provisions for Animal Welfare\nAmendment (Chief Animal Protection\nOfficer) Act 2025 34\n18. Various references to “CEO” amended 35\nPart 3 — Cat Act 2011 amended\n19. Act amended 37\n20. Section 3 amended 37\n21. Section 86A inserted 37\n86A. Report for Chief Animal Protection Officer 37\nPart 4 — Dog Act 1976 amended\n22. Act amended 39\n23. Section 3 amended 39\n24. Part X Division 1A inserted 39\nDivision 1A — Report for Chief Animal Protection\nOfficer\n53. Report for Chief Animal Protection Officer 39\n\nAnimal Welfare Amendment (Chief Animal Protection Officer) Bill 2025\nContents\npage iv\nPart 5 — Consequential amendments\n25. Biodiversity Conservation Act 2016 amended 41\n26. Biosecurity and Agriculture Management Act 2007\namended 41\n\npage 1\nWestern Australia\nLEGISLATIVE COUNCIL\n(Introduced by Hon. Ms Amanda Dorn, MLC)\nAnimal Welfare Amendment (Chief Animal\nProtection Officer) Bill 2025\nA Bill for\nAn Act to amend the Animal Welfare Act 2002 and to make\nconsequential amendments to —\n• the Cat Act 2011; and\n• the Dog Act 1976; and\n• various other Acts.\nThe Parliament of Western Australia enacts as follows:\n\nAnimal Welfare Amendment (Chief Animal Protection Officer) Bill 2025\nPart 1 Preliminary\ns. 1\npage 2\nPart 1 — Preliminary1\n1. Short title2\nThis is the Animal Welfare Amendment (Chief Animal3\nProtection Officer) Act 2025.4\n2. Commencement5\nThis Act comes into operation as follows —6\n(a) Part 1 — on the day on which this Act receives the7\nRoyal Assent (assent day);8\n(b) the rest of the Act — on the day after the period of9\n6 months beginning on assent day.10\n\nAnimal Welfare Amendment (Chief Animal Protection Officer) Bill 2025\nAnimal Welfare Act 2002 amended Part 2\ns. 3\npage 3\nPart 2 — Animal Welfare Act 2002 amended1\n3. Act amended2\nThis Part amends the Animal Welfare Act 2002.3\n4. Section 3 amended4\nAt the beginning of section 3 insert:5\n6\n(1A) This Act establishes the office of the Chief Animal7\nProtection Officer, responsible for —8\n(a) the administration and enforcement of this Act;9\nand10\n(b) the oversight and review of animal welfare11\nActs; and12\n(c) the preparation of various reports, as required13\nby this Act, to be tabled in Parliament.14\n15\n5. Section 5 amended16\n(1) In section 5(1) delete the definitions of:17\nAgriculture WA18\nCEO19\nDepartment20\nFisheries Western Australia21\nRSPCA22\n(2) In section 5(1) insert in alphabetical order:23\n24\nanimal welfare Act means —25\n(a) this Act; and26\n(b) the Cat Act 2011; and27\n\nAnimal Welfare Amendment (Chief Animal Protection Officer) Bill 2025\nPart 2 Animal Welfare Act 2002 amended\ns. 6\npage 4\n(c) the Dog Act 1976; and1\n(d) any other Act prescribed by the regulations;2\nChief Animal Protection Officer means the person3\nappointed to the office of Chief Animal Protection4\nOfficer under section 5B(2);5\n6\n6. Part 1A inserted7\nAfter section 5 insert:8\n9\nPart 1A — Office of Chief Animal Protection10\nOfficer11\nDivision 1 — Preliminary12\n5A. Terms used13\nIn this Part —14\nActing Chief Animal Protection Officer means a15\nperson appointed as an Acting Chief Animal Protection16\nOfficer under section 5L(1);17\nCommittee means the Animal Protection Advisory18\nCommittee established under section 5ZC;19\neligible person means a person who is eligible for20\nappointment under section 5E.21\nDivision 2 — Office of Chief Animal Protection Officer22\nSubdivision 1 — Appointment23\n5B. Appointment of Chief Animal Protection Officer24\n(1) An office called the Chief Animal Protection Officer is25\nestablished.26\n\nAnimal Welfare Amendment (Chief Animal Protection Officer) Bill 2025\nAnimal Welfare Act 2002 amended Part 2\ns. 6\npage 5\n(2) The Governor may, on the recommendation of the1\nAttorney General, appoint an eligible person to be the2\nChief Animal Protection Officer.3\n(3) Before making a recommendation under subsection (2),4\nthe Attorney General must consult with the Committee.5\n(4) The office of Chief Animal Protection Officer is not an6\noffice in the Public Service.7\n(5) Subject to section 5H, the Chief Animal Protection8\nOfficer holds office for the period, not exceeding9\n5 years, specified in the instrument of appointment.10\n(6) A person who has been appointed as the Chief Animal11\nProtection Officer is eligible for reappointment once.12\n5C. Remuneration, terms and conditions13\n(1) Subject to the Salaries and Allowances Act 1975, the14\nChief Animal Protection Officer is entitled to be paid15\nthe remuneration determined by the Governor.16\n(2) The Chief Animal Protection Officer’s rate of17\nremuneration must not be reduced during a term of18\noffice of the Chief Animal Protection Officer without19\nthe Chief Animal Protection Officer’s consent.20\n(3) The Governor may determine —21\n(a) the leave of absence to which the Chief Animal22\nProtection Officer is entitled; and23\n(b) other terms and conditions of service that apply24\nto the Chief Animal Protection Officer.25\n5D. Oath or affirmation26\n(1) Before performing the functions of the Chief Animal27\nProtection Officer for the first time, the Chief Animal28\nProtection Officer or a person appointed to act in the29\n\nAnimal Welfare Amendment (Chief Animal Protection Officer) Bill 2025\nPart 2 Animal Welfare Act 2002 amended\ns. 6\npage 6\noffice of Chief Animal Protection Officer must take an1\noath, or make an affirmation —2\n(a) that they will faithfully and impartially perform3\nthose functions; and4\n(b) that they will not, except in accordance with an5\nanimal welfare Act, divulge any information6\nreceived in the performance of those functions.7\n(2) The oath or affirmation must be administered by the8\nGovernor.9\n5E. Persons eligible for appointment10\n(1) Subject to subsection (2), a person is eligible for11\nappointment as the Chief Animal Protection Officer if12\nthe person is, in the opinion of the Governor, suitable13\nfor appointment as the Chief Animal Protection Officer14\nby reason of the person’s —15\n(a) good character; and16\n(b) knowledge and expertise in 1 or more of the17\nfollowing areas, whether in this State or18\nelsewhere —19\n(i) animal welfare regulation or20\nenforcement;21\n(ii) veterinary science, animal science or22\nanimal welfare science;23\n(iii) law (particularly administrative law or24\npublic law);25\n(iv) public administration, public integrity or26\nadministrative oversight;27\n(v) community education and public28\nawareness in relation to animal welfare.29\n\nAnimal Welfare Amendment (Chief Animal Protection Officer) Bill 2025\nAnimal Welfare Act 2002 amended Part 2\ns. 6\npage 7\n(2) A person is not eligible for appointment under1\nsubsection (1) if the person —2\n(a) is or has been a board member, a director or3\nother officer of a company, body, or association4\nthat is or was principally engaged in the use of5\nanimals for commercial purposes; or6\n(b) is, or has at any time within the previous7\n2 years been, a member of either House of8\nParliament.9\n5F. When office becomes vacant10\nThe office of the Chief Animal Protection Officer11\nbecomes vacant if —12\n(a) the period for which the Chief Animal13\nProtection Officer holds office expires; or14\n(b) the Chief Animal Protection Officer —15\n(i) dies; or16\n(ii) resigns under section 5G; or17\n(iii) is removed from office under18\nsection 5H(1).19\n5G. Resignation20\n(1) The Chief Animal Protection Officer may at any time21\nresign from office by written notice addressed to the22\nGovernor.23\n(2) The resignation takes effect on the day on which the24\nnotice is given to the Governor or on a later day25\nspecified in the notice.26\n5H. Suspension or removal from office27\n(1) The Chief Animal Protection Officer may, at any time,28\nbe suspended or removed from office by the Governor29\non addresses from both Houses of Parliament.30\n\nAnimal Welfare Amendment (Chief Animal Protection Officer) Bill 2025\nPart 2 Animal Welfare Act 2002 amended\ns. 6\npage 8\n(2) The Governor may suspend the Chief Animal1\nProtection Officer from office if the Governor is2\nsatisfied that the Chief Animal Protection Officer —3\n(a) is physically or mentally incapable of4\nperforming the duties of their office; or5\n(b) has shown incompetence or neglect in6\nperforming those duties; or7\n(c) is, according to the Interpretation Act 19848\nsection 13D, a bankrupt or a person whose9\naffairs are under insolvency laws; or10\n(d) has been guilty of misconduct as defined in the11\nCorruption, Crime and Misconduct Act 200312\nsection 4; or13\n(e) if regulations made for the purposes of14\nsection 94(2)(da) are in force — has committed15\na breach of a code of ethics in circumstances16\nthat are set out in the code of ethics as being a17\nserious breach of ethics.18\n(3) If the Chief Animal Protection Officer is suspended19\nunder subsection (2), the suspended Chief Animal20\nProtection Officer is restored to office unless —21\n(a) a statement of the grounds of suspension is laid22\nbefore each House of Parliament during the23\nfirst 7 sitting days of that House following the24\nday of suspension; and25\n(b) each House of Parliament, during the session in26\nwhich the statement is so laid, and within 3027\nsitting days after it is so laid, passes an address28\nrequesting the removal of the suspended Chief29\nAnimal Protection Officer from office.30\n5I. Outside employment31\n(1) The Chief Animal Protection Officer must not engage32\nin paid employment outside the Chief Animal33\n\nAnimal Welfare Amendment (Chief Animal Protection Officer) Bill 2025\nAnimal Welfare Act 2002 amended Part 2\ns. 6\npage 9\nProtection Officer’s functions under a written law1\nwithout the approval of the Governor.2\n(2) The Governor must not grant an approval under3\nsubsection (1) if, in the opinion of the Governor,4\nengaging in the paid employment would conflict, or5\nmay conflict, with the Chief Animal Protection6\nOfficer’s functions as the Chief Animal Protection7\nOfficer.8\n5J. Conflict of interest9\nIf the Chief Animal Protection Officer is or becomes10\naware that they have an interest that conflicts or may11\nconflict with the fair and impartial performance of a12\nfunction of the office of the Chief Animal Protection13\nOfficer, the Chief Animal Protection Officer must —14\n(a) not take part, or take further part, in the15\nperformance of the function; and16\n(b) as soon as practicable, give notice about the17\nmatter to the Governor.18\n5K. Public service officer appointed as Chief Animal19\nProtection Officer20\n(1) If a person who is a public service officer is appointed21\nas the Chief Animal Protection Officer, the person is22\nentitled to retain any accruing and existing rights,23\nincluding any rights under the State Superannuation24\nAct 2000, as if service as the Chief Animal Protection25\nOfficer were a continuation of service as a public26\nservice officer.27\n(2) If a person ceases to be the Chief Animal Protection28\nOfficer and becomes a public service officer, the29\nperson’s service as the Chief Animal Protection Officer30\nis to be regarded as service in the Public Service for the31\npurpose of determining that person’s rights as a public32\n\nAnimal Welfare Amendment (Chief Animal Protection Officer) Bill 2025\nPart 2 Animal Welfare Act 2002 amended\ns. 6\npage 10\nservice officer and, if applicable, for the purposes of1\nthe State Superannuation Act 2000.2\n(3) Subsection (4) applies to a person if —3\n(a) immediately before the person is appointed as4\nthe Chief Animal Protection Officer, the person5\noccupies an office under the Public Sector6\nManagement Act 1994 Part 3; and7\n(b) the person serves 1 or more continuous terms of8\nappointment as the Chief Animal Protection9\nOfficer; and10\n(c) the period of the last of those appointments11\nexpires by the passage of time and the person is12\nnot again appointed as the Chief Animal13\nProtection Officer.14\n(4) The person is entitled to be appointed to an office15\nunder the Public Sector Management Act 1994 Part 316\nof at least the equivalent level of classification as the17\noffice under that Part referred to in subsection (3)(a).18\n5L. Appointment of Acting Chief Animal Protection19\nOfficer20\n(1) The Governor may appoint an eligible person to act in21\nthe office of Chief Animal Protection Officer —22\n(a) during a period —23\n(i) when the Chief Animal Protection24\nOfficer is on leave of absence or unable25\nto perform the functions of the Chief26\nAnimal Protection Officer; or27\n(ii) when the Chief Animal Protection28\nOfficer is suspended;29\nor30\n(b) when the office of the Chief Animal Protection31\nOfficer is vacant; or32\n\nAnimal Welfare Amendment (Chief Animal Protection Officer) Bill 2025\nAnimal Welfare Act 2002 amended Part 2\ns. 6\npage 11\n(c) in relation to a particular matter — if the Chief1\nAnimal Protection Officer or a person2\nappointed under this subsection has, under3\nsection 5J(b), given notice to the Governor4\nabout the matter.5\n(2) The Governor may determine —6\n(a) any remuneration to which an Acting Chief7\nAnimal Protection Officer is entitled; and8\n(b) any leave of absence to which an Acting Chief9\nAnimal Protection Officer is entitled; and10\n(c) other terms and conditions of service that apply11\nto an Acting Chief Animal Protection Officer.12\n(3) The appointment of an Acting Chief Animal Protection13\nOfficer under subsection (1) —14\n(a) may be made at any time and may be15\nterminated at any time by the Governor; and16\n(b) may be expressed to have effect only in the17\ncircumstances specified by the Governor.18\n(4) The validity of anything done by, to, or in relation to, a19\nperson purporting to act under subsection (1) is not to20\nbe called into question on the ground that —21\n(a) the occasion for an appointment under that22\nsubsection had not arisen; or23\n(b) there is a defect or irregularity in the24\nappointment; or25\n(c) the appointment had ceased to have effect; or26\n(d) the occasion for the person to act had not arisen27\nor had ceased.28","sortOrder":0},{"sectionNumber":"retrieval-0002","sectionType":"document_chunk","heading":"Document excerpt 2","content":"Animal Welfare Amendment (Chief Animal Protection Officer) Bill 2025\nPart 2 Animal Welfare Act 2002 amended\ns. 6\npage 12\nSubdivision 2 — Functions of Chief Animal Protection1\nOfficer2\n5M. Functions of Chief Animal Protection Officer3\n(1) The Chief Animal Protection Officer has the following4\nfunctions —5\n(a) to oversee the administration of this Act;6\n(b) to review and monitor, including to conduct7\ninquiries, commission research and prepare8\nreports about, the following —9\n(i) animal welfare Acts;10\n(ii) government policies and guidelines11\nabout animal welfare;12\n(iii) compliance with, and the enforcement13\nand effectiveness of, animal welfare14\nActs;15\n(iv) the treatment of animals in particular16\nindustries or sectors, including17\ngreyhound racing, horse racing,18\nagriculture and medical and scientific19\nresearch;20\n(c) to develop policies and guidelines about animal21\nwelfare;22\n(d) to liaise with bodies responsible for national23\npolicies and guidelines about animal welfare;24\n(e) to develop an animal welfare strategy that25\nprovides for a State-wide framework for the26\nfollowing —27\n(i) identifying and prioritising animal28\nwelfare issues;29\n(ii) coordinating stakeholder action;30\n\nAnimal Welfare Amendment (Chief Animal Protection Officer) Bill 2025\nAnimal Welfare Act 2002 amended Part 2\ns. 6\npage 13\n(iii) improving consistency across all1\nindustries and sectors that involve2\nanimals;3\n(f) to review and recommend updates to any code4\nof practice adopted by the regulations under5\nsection 94(2)(d);6\n(g) to collect and disseminate information about7\nanimal welfare issues in the State;8\n(h) any other function given to the Chief Animal9\nProtection Officer under an animal welfare Act10\nor another written law.11\n(2) The Chief Animal Protection Officer may take such12\naction as the Chief Animal Protection Officer considers13\nappropriate generally to protect and promote the14\nwelfare, safety and health of animals.15\n(3) The Chief Animal Protection Officer has all the powers16\nthat are needed for the performance of the Chief17\nAnimal Protection Officer’s functions.18\n5N. Delegations19\n(1) In this section —20\nmember of staff means —21\n(a) a public service officer appointed or made22\navailable under section 5V; or23\n(b) a person in relation to whom an arrangement24\nunder section 5W is in effect.25\n(2) The Chief Animal Protection Officer may delegate to a26\nmember of staff any power or duty of the Chief Animal27\nProtection Officer, other than —28\n(a) the power of delegation under this section; or29\n(b) a power or duty delegated to the Chief Animal30\nProtection Officer under section 90(1).31\n\nAnimal Welfare Amendment (Chief Animal Protection Officer) Bill 2025\nPart 2 Animal Welfare Act 2002 amended\ns. 6\npage 14\n(3) A delegation under this section must be in writing1\nsigned by the person making the delegation.2\n(4) A person to whom a power or duty is delegated under3\nthis section cannot delegate that power or duty.4\n(5) A person exercising or performing a power or duty that5\nhas been delegated to the person under this section is6\ntaken to do so in accordance with the terms of the7\ndelegation unless the contrary is shown.8\n(6) Nothing in this section limits the ability of the Chief9\nAnimal Protection Officer to perform a function10\nthrough an officer or agent.11\nSubdivision 3 — Notices to produce or attend12\n5O. Term used: notice to produce or attend13\nIn this Subdivision —14\nnotice to produce or attend has the meaning given in15\nsection 5Q.16\n5P. Purposes for exercise of powers17\nThe powers in this Subdivision may only be exercised18\nfor the purpose of a function referred to in19\nsection 5M(1)(b).20\n5Q. Notice to produce or attend21\nIf the Chief Animal Protection Officer has reason to22\nbelieve that a person has information or a document23\nthat is relevant to a function referred to in24\nsection 5M(1)(b), the Chief Animal Protection Officer25\nmay give the person a written notice (a notice to26\nproduce or attend) requiring the person —27\n(a) to give to the Chief Animal Protection Officer28\nspecified relevant information or documents; or29\n\nAnimal Welfare Amendment (Chief Animal Protection Officer) Bill 2025\nAnimal Welfare Act 2002 amended Part 2\ns. 6\npage 15\n(b) to attend before the Chief Animal Protection1\nOfficer to do either or both of the following —2\n(i) give to the Chief Animal Protection3\nOfficer specified relevant documents;4\n(ii) answer relevant questions.5\n5R. Contents of notice to produce or attend6\n(1) A notice to produce or attend that includes a7\nrequirement to give information or documents under8\nsection 5Q(a) must specify —9\n(a) the time by which, or period within which, the10\ninformation or documents must be given; and11\n(b) the manner in which the documents must be12\ngiven, which may be by electronic means.13\n(2) A notice to produce or attend that includes a14\nrequirement for a person to attend before the Chief15\nAnimal Protection Officer under section 5Q(b) must16\nspecify —17\n(a) the day and time when the person must attend;18\nand19\n(b) the place at which, or means of audiovisual20\ncommunication by which, the person must21\nattend; and22\n(c) if documents are required to be given — the23\nmanner in which the documents must be given,24\nwhich may be by electronic means.25\n(3) A notice to produce or attend must also include an26\nexplanation of the effect of section 5U.27\n\nAnimal Welfare Amendment (Chief Animal Protection Officer) Bill 2025\nPart 2 Animal Welfare Act 2002 amended\ns. 6\npage 16\n5S. Variation or withdrawal of notice to produce or1\nattend2\nThe Chief Animal Protection Officer may vary or3\nwithdraw a notice to produce or attend given to a4\nperson by further written notice given to the person.5\n5T. Powers of Chief Animal Protection Officer in6\nrelation to persons attending and documents7\n(1) The Chief Animal Protection Officer may administer8\nan oath or affirmation to a person attending before the9\nChief Animal Protection Officer in accordance with a10\nnotice to produce or attend and may examine the11\nperson on oath or affirmation.12\n(2) The oath or affirmation to be taken or made by a13\nperson for the purposes of this section is an oath or14\naffirmation that the answers the person will give will15\nbe true.16\n(3) The Chief Animal Protection Officer may do any of the17\nfollowing in relation to a document given to the Chief18\nAnimal Protection Officer in accordance with a notice19\nto produce or attend —20\n(a) inspect the document;21\n(b) retain the document for a period the Chief22\nAnimal Protection Officer considers23\nreasonable;24\n(c) make copies of the document or any of its25\ncontents.26\n5U. Failure to comply with notice to produce or attend27\n(1) A person given a notice to produce or attend must not,28\nwithout reasonable excuse, refuse or fail to comply29\nwith a requirement under the notice.30\nPenalty for this subsection: a fine of $6 000.31\n\nAnimal Welfare Amendment (Chief Animal Protection Officer) Bill 2025\nAnimal Welfare Act 2002 amended Part 2\ns. 6\npage 17\n(2) It is not a reasonable excuse to refuse or fail to comply1\nwith a requirement under a notice to produce or attend2\non the basis that compliance would be inconsistent3\nwith a duty of confidentiality or secrecy imposed by4\nlaw.5\n(3) If a person gives information or documents, or answers6\nquestions, in good faith in compliance with a7\nrequirement under a notice to produce or attend —8\n(a) no civil or criminal liability is incurred in9\nrespect of the giving of the information or10\ndocuments or answering of questions; and11\n(b) the giving of the information or documents or12\nanswering of questions is not to be regarded as13\na breach of any duty of confidentiality or14\nsecrecy imposed by law; and15\n(c) the giving of the information or documents or16\nanswering of questions is not to be regarded as17\na breach of professional ethics or standards or18\nas unprofessional conduct.19\nSubdivision 4 — Staff and related provisions20\n5V. Staff21\nPublic service officers may be appointed or made22\navailable under the Public Sector Management23\nAct 1994 Part 3 to support the Chief Animal Protection24\nOfficer in the performance of their functions.25\n5W. Use of government staff and facilities26\n(1) The Chief Animal Protection Officer may, by27\narrangement with the relevant employer, make use,28\neither full-time or part-time, of the services of an29\nofficer or employee —30\n(a) in the Public Service; or31\n\nAnimal Welfare Amendment (Chief Animal Protection Officer) Bill 2025\nPart 2 Animal Welfare Act 2002 amended\ns. 6\npage 18\n(b) in a State agency; or1\n(c) otherwise in the service of the State.2\n(2) The Chief Animal Protection Officer may, by3\narrangement with a department of the Public Service or4\na State agency, make use of any facilities of the5\ndepartment or agency.6\n(3) An arrangement under subsection (1) or (2) must be7\nmade on terms agreed to by the parties.8\n5X. Engagement of service providers9\n(1) The Chief Animal Protection Officer may engage10\nsuitably qualified persons to provide services,11\ninformation or advice to the Chief Animal Protection12\nOfficer.13\n(2) A person engaged by the Chief Animal Protection14\nOfficer under subsection (1) is engaged on the terms15\nand conditions decided by the Chief Animal Protection16\nOfficer.17\nSubdivision 5 — Chief Animal Protection Officer’s18\nrelationship with Minister19\n5Y. Independence of Chief Animal Protection Officer20\nExcept as provided in an animal welfare Act, the Chief21\nAnimal Protection Officer is not subject to direction by22\nthe Minister or any other person in the performance of23\nthe Chief Animal Protection Officer’s functions.24\n5Z. Minister may give directions25\n(1) The Minister may give written directions to the Chief26\nAnimal Protection Officer as to the general policy to be27\nfollowed in the performance of the Chief Animal28\nProtection Officer’s functions.29\n\nAnimal Welfare Amendment (Chief Animal Protection Officer) Bill 2025\nAnimal Welfare Act 2002 amended Part 2\ns. 6\npage 19\n(2) A direction must not be given under subsection (1) in1\nrespect of a particular matter.2\n(3) The Minister must cause the text of a direction under3\nsubsection (1) to be laid before each House of4\nParliament within 14 sitting days after the direction is5\ngiven.6\n(4) The Chief Animal Protection Officer must comply with7\na direction under subsection (1) unless, in the Chief8\nAnimal Protection Officer’s opinion, there are9\nreasonable grounds for not complying with the10\ndirection.11\n(5) If the Chief Animal Protection Officer refuses to12\ncomply with a direction under subsection (1), the Chief13\nAnimal Protection Officer must include in the report14\nreferred to in section 5ZH(1) the text of the direction15\nand the reasons for refusing to comply with the16\ndirection.17\n5ZA. Minister may request information18\n(1) In this section —19\ninformation means information specified, or of a20\ndescription specified, by the Minister that relates to the21\nChief Animal Protection Officer’s functions.22\n(2) The Minister may request that the Chief Animal23\nProtection Officer —24\n(a) give information in the possession of the Chief25\nAnimal Protection Officer to the Minister; or26\n(b) give the Minister access to that information.27\n(3) The Chief Animal Protection Officer must comply with28\na request under subsection (2) unless, in the Chief29\nAnimal Protection Officer’s opinion, there are30\nreasonable grounds for not complying with the request.31\n\nAnimal Welfare Amendment (Chief Animal Protection Officer) Bill 2025\nPart 2 Animal Welfare Act 2002 amended\ns. 6\npage 20\n(4) Without limiting subsection (3), reasonable grounds for1\nnot complying with the request include the2\nfollowing —3\n(a) the information would be privileged from4\nproduction on the ground of legal professional5\nprivilege;6\n(b) compliance with the request would constitute a7\nbreach of a duty of confidentiality or secrecy8\nimposed by law for which a legal or equitable9\nremedy could be obtained;10\n(c) compliance with the request would be likely to11\nprejudice —12\n(i) an investigation of any contravention or13\npossible contravention of a provision of14\nan animal welfare Act; or15\n(ii) the administration or enforcement of an16\nanimal welfare Act;17\n(d) compliance with the request would reasonably18\nbe expected to reveal, or enable to be19\nascertained, the identity of any person as —20\n(i) a person who has made an appropriate21\ndisclosure of public interest information22\nunder the Public Interest Disclosure23\nAct 2003; or24\n(ii) a person in respect of whom a25\ndisclosure of public interest information26\nhas been made under the Public Interest27\nDisclosure Act 2003.28\n\nAnimal Welfare Amendment (Chief Animal Protection Officer) Bill 2025\nAnimal Welfare Act 2002 amended Part 2\ns. 6\npage 21\nDivision 3 — Independent Office of Animal Protection1\n5ZB. Independent Office of Animal Protection2\nThe Independent Office of Animal Protection is the3\nentity consisting of —4\n(a) the Chief Animal Protection Officer; and5\n(b) public service officers appointed or made6\navailable under section 5V; and7\n(c) persons in relation to whom an arrangement8\nunder section 5W is in effect.9\nDivision 4 — Animal Protection Advisory Committee10\n5ZC. Animal Protection Advisory Committee established11\nA committee called the Animal Protection Advisory12\nCommittee is established.13\n5ZD. Membership of Committee14\n(1) The Committee consists of at least 7 and no more than15\n11 committee members appointed by the Attorney16\nGeneral.17\n(2) The Attorney General must ensure that each person18\nappointed under subsection (1) has appropriate19\nqualifications, skills or experience relevant to the20\nfunctions of the Committee.21\n(3) A person may be appointed under subsection (1) —22\n(a) for a period not exceeding 3 years; and23\n(b) on a full-time basis or part-time basis.24\n(4) A person who has been appointed under subsection (1)25\nis eligible for reappointment.26\n\nAnimal Welfare Amendment (Chief Animal Protection Officer) Bill 2025\nPart 2 Animal Welfare Act 2002 amended\ns. 6\npage 22\n5ZE. Function of Committee1\n(1) The Committee has the function of advising the Chief2\nAnimal Protection Officer in relation to the3\nperformance of the Chief Animal Protection Officer’s4\nfunctions.5\n(2) For the purpose of subsection (1), advice may be6\nprovided about the following —7\n(a) the animal science industry, including —8\n(i) animal welfare issues; and9\n(ii) current veterinary practices; and10\n(iii) the use of animals for scientific11\npurposes;12\n(b) the care and regulation of domestic animals;13\n(c) the care, management and conservation of14\nnative wildlife and exhibited animals;15\n(d) ethical considerations in relation to any of the16\nmatters provided for in paragraphs (a) to (c);17\n(e) existing or proposed legislation connected to, or18\nfor the purposes of, animal welfare;19\n(f) the development of public policy relating to20\nanimal welfare;21\n(g) how best to improve community awareness in22\nrelation to animal welfare issues.23\n(3) The Committee may consult with any person or body24\nfor the purposes of providing advice to the Chief25\nAnimal Protection Officer.26\n5ZF. Regulations about Committee27\n(1) Without limiting section 94(1), regulations may be28\nmade under that section for or in relation to the29\nCommittee.30\n\nAnimal Welfare Amendment (Chief Animal Protection Officer) Bill 2025\nAnimal Welfare Act 2002 amended Part 2\ns. 6\npage 23\n(2) Without limiting subsection (1), regulations made1\nunder that subsection may make provision for or in2\nrelation to any of the following —3\n(a) the appointment of persons as members of the4\nCommittee, including that members —5\n(i) possess particular expertise or6\nqualifications; or7\n(ii) represent particular interest groups,8\nindustries or occupations;9\n(b) the appointment of a chairperson and deputy10\nchairperson of the Committee;11\n(c) the conditions of appointment of members of12\nthe Committee, including remuneration,13\nallowances and leave;14\n(d) the resignation or removal of members of the15\nCommittee;16\n(e) meetings and procedures of the Committee,17\nincluding the management of any conflicts of18\ninterest relating to the Committee.19\n(3) Subject to any regulations made under subsection (1),20\nthe Committee may determine its own procedures.21\n5ZG. Annual report of Committee22\n(1) The Committee must, within 3 months after 30 June in23\neach year, prepare a report (an annual report) as to the24\nCommittee’s general activities during the financial year25\nending on that day.26\n(2) The Committee must give a copy of the annual report27\nto the Minister within 30 days after the annual report is28\nprepared.29\n\nAnimal Welfare Amendment (Chief Animal Protection Officer) Bill 2025\nPart 2 Animal Welfare Act 2002 amended\ns. 6\npage 24\n(3) The Minister must cause a copy of the annual report to1\nbe laid before each House of Parliament within2\n9 sitting days of the House after the annual report is3\nreceived by the Minister.4\nDivision 5 — Reporting requirements for Chief Animal5\nProtection Officer6\nSubdivision 1 — Preparation of reports by Chief Animal7\nProtection Officer8\n5ZH. Annual reports9\n(1) The Chief Animal Protection Officer must, within10\n3 months after 30 June in each year, prepare a report as11\nto the Chief Animal Protection Officer’s general12\nactivities during the financial year ending on that day.13\n(2) The report required under subsection (1) may be14\nprepared and dealt with in conjunction with any report15\nrequired under the Financial Management Act 2006 in16\nrespect of the Chief Animal Protection Officer.17\n5ZI. Reports on other matters18\nThe Chief Animal Protection Officer may from time to19\ntime prepare a report on —20\n(a) any inquiry, review or research conducted in21\nthe performance of the Chief Animal Protection22\nOfficer’s functions; or23\n(b) any other matter arising in the performance of24\nthe Chief Animal Protection Officer’s25\nfunctions.26","sortOrder":1},{"sectionNumber":"retrieval-0003","sectionType":"document_chunk","heading":"Document excerpt 3","content":"Animal Welfare Amendment (Chief Animal Protection Officer) Bill 2025\nAnimal Welfare Act 2002 amended Part 2\ns. 6\npage 25\nSubdivision 2 — General provisions1\n5ZJ. Terms used2\nIn this Subdivision —3\nreport means a report prepared under Subdivision 1;4\nreporting period means the period commencing on5\n1 July and ending on the next following 30 June.6\n5ZK. Information included in reports7\n(1) If, during a reporting period, the Chief Animal8\nProtection Officer refused to comply with a request9\nunder section 5ZA(2), details of the request and the10\nreasons provided by the Chief Animal Protection11\nOfficer for refusing to comply must be included in the12\nreport prepared under section 5ZH for the reporting13\nperiod.14\n(2) A report must not include information that —15\n(a) is privileged on the ground of legal professional16\nprivilege; or17\n(b) if included, would constitute a breach of a duty18\nof confidentiality or secrecy imposed by law for19\nwhich a legal or equitable remedy could be20\nobtained; or21\n(c) if included, would likely prejudice —22\n(i) an investigation of any contravention or23\npossible contravention of a provision of24\nan animal welfare Act; or25\n(ii) the administration or enforcement of an26\nanimal welfare Act;27\nor28\n\nAnimal Welfare Amendment (Chief Animal Protection Officer) Bill 2025\nPart 2 Animal Welfare Act 2002 amended\ns. 6\npage 26\n(d) reveals, or enables to be ascertained, the1\nidentity of any person as —2\n(i) a person who has made an appropriate3\ndisclosure of public interest information4\nunder the Public Interest Disclosure5\nAct 2003; or6\n(ii) a person in respect of whom a7\ndisclosure of public interest information8\nhas been made under the Public Interest9\nDisclosure Act 2003.10\n(3) Subject to subsection (2), a report may include —11\n(a) recommendations for changes to any written12\nlaw, draft law, policy, practice or procedure, or13\nfor the taking of other action, that the Chief14\nAnimal Protection Officer considers15\nappropriate to improve the welfare of animals;16\nand17\n(b) any other information that relates to the18\nfunctions of the Chief Animal Protection19\nOfficer that the Chief Animal Protection20\nOfficer considers is in the public interest.21\n5ZL. Adverse matters in report22\nBefore including in a report any matters adverse to a23\nperson or body, the Chief Animal Protection Officer24\nmust give the person or body a reasonable opportunity25\nto make representations to the Chief Animal Protection26\nOfficer concerning those matters.27\n5ZM. Minister to be given and may comment on draft28\nreports29\n(1) The Chief Animal Protection Officer must give the30\nMinister a draft of each report.31\n\nAnimal Welfare Amendment (Chief Animal Protection Officer) Bill 2025\nAnimal Welfare Act 2002 amended Part 2\ns. 6\npage 27\n(2) The Minister may issue written comments to the Chief1\nAnimal Protection Officer on a draft report.2\n(3) The Minister may, in writing, request the Chief Animal3\nProtection Officer to consult with any person in4\nrelation to a draft report.5\n(4) The Chief Animal Protection Officer is not required6\nto —7\n(a) undertake consultation in response to a request8\nunder subsection (3); or9\n(b) make changes to a draft report as a result of any10\ncomments issued under subsection (2) or11\nconsultation undertaken in response to a request12\nunder subsection (3).13\n(5) A report must include a copy of any comments issued14\nunder subsection (2) in relation to a draft of the report.15\n5ZN. Reports to be laid before Parliament16\n(1) The Chief Animal Protection Officer must cause a17\ncopy of a report to be laid before each House of18\nParliament within 21 sitting days after finalisation of19\nthe report.20\n(2) Subsection (1) does not apply in relation to a report if21\nthe report is prepared and dealt with as provided for in22\nsection 5ZH(2).23\n5ZO. Publication of reports24\n(1) After the Chief Animal Protection Officer has25\ncomplied with section 5ZM in relation to a report, the26\nChief Animal Protection Officer must publish the27\nreport.28\n(2) The Chief Animal Protection Officer may decide the29\nway in which the report is published under30\nsubsection (1).31\n\nAnimal Welfare Amendment (Chief Animal Protection Officer) Bill 2025\nPart 2 Animal Welfare Act 2002 amended\ns. 7\npage 28\nDivision 6 — Regulations1\n5ZP. Regulations about Chief Animal Protection Officer2\n(1) The Governor must not make regulations under3\nsection 94(1) for the purposes of this Part, except on4\nthe recommendation of the Minister.5\n(2) For the purposes of subsection (1), the Minister must6\nrecommend the making of regulations to achieve the7\nobjects of this Part.8\n9\n7. Section 33 amended10\n(1) Delete section 33(1) and (2) and insert:11\n12\n(1) The Chief Animal Protection Officer may, in writing,13\nappoint as a general inspector for the purposes of the14\nanimal welfare Acts —15\n(a) a member of the staff of a local government16\nwho is nominated by the chief executive officer17\nof that local government; or18\n(b) a suitably qualified and experienced person.19\n(2) The Chief Animal Protection Officer may appoint as20\nmany general inspectors as the Chief Animal21\nProtection Officer considers necessary for the22\noperation and enforcement of the animal welfare Acts.23\n24\n(2) Delete section 33(4) and insert:25\n26\n(4) An appointment under subsection (1) remains in force27\nfor 5 years unless before then —28\n(a) the inspector (other than an inspector appointed29\nunder subsection (1)(b)) ceases to be a member30\n\nAnimal Welfare Amendment (Chief Animal Protection Officer) Bill 2025\nAnimal Welfare Act 2002 amended Part 2\ns. 8\npage 29\nof the staff of the local government for which1\nthey were nominated under subsection (1)(a);2\nor3\n(b) the inspector resigns by written notice to the4\nChief Animal Protection Officer; or5\n(c) the appointment is revoked by the Chief6\nAnimal Protection Officer.7\n8\n8. Section 35A amended9\nDelete section 35A(1) and insert:10\n11\n(1) The Chief Animal Protection Officer may, in writing,12\ndesignate a general inspector appointed under13\nsection 33(1)(b) to be a designated inspector.14\n15\n9. Section 64 replaced16\nDelete section 64 and insert:17\n18\n64. Appointment of authorised persons19\n(1) The Commissioner of Police and the chief executive20\nofficers of every local government must appoint as21\nauthorised persons as many members of their staff as22\nare required for the purposes of this Division.23\n(2) A person appointed under subsection (1) by the24\nCommissioner of Police is an authorised person only in25\nrespect of infringement notices given by the26\nCommissioner of Police.27\n(3) A person appointed under subsection (1) by the chief28\nexecutive officer of a local government is an authorised29\n\nAnimal Welfare Amendment (Chief Animal Protection Officer) Bill 2025\nPart 2 Animal Welfare Act 2002 amended\ns. 10\npage 30\nperson only in respect of infringement notices given by1\nthat local government.2\n(4) A person cannot be both an authorised person and an3\ninspector.4\n5\n10. Section 65 amended6\n(1) Delete section 65(2)(a) and (c).7\n(2) In section 65(2)(e) delete “by the Department.” and insert:8\n9\nby the Chief Animal Protection Officer.10\n11\n11. Section 82 amended12\n(1) In section 82(1):13\n(a) in paragraph (b) delete “inspector; or” and insert:14\n15\ninspector.16\n17\n(b) delete paragraph (c).18\n(2) Delete section 82(4) and insert:19\n20\n(4) In proceedings for an offence under this Act the21\nfollowing persons authorised by the Chief Animal22\nProtection Officer may appear on behalf of the Chief23\nAnimal Protection Officer —24\n(a) a public service officer appointed or made25\navailable under section 5V;26\n(b) a person in relation to whom an arrangement27\nunder section 5W is in effect.28\n29\n\nAnimal Welfare Amendment (Chief Animal Protection Officer) Bill 2025\nAnimal Welfare Act 2002 amended Part 2\ns. 12\npage 31\n12. Section 89 deleted1\nDelete section 89.2\n13. Section 90 amended3\n(1) In section 90(1) delete “other than this power of delegation.”4\nand insert:5\n6\nother than the following —7\n(a) the Minister’s functions under sections 5Z,8\n5ZA, 5ZM and 5ZP;9\n(b) this power of delegation.10\n11\n(2) Delete section 90(2).12\n14. Section 90A inserted13\nAfter section 90 insert:14\n15\n90A. Information sharing16\n(1) In this section —17\nguidelines means guidelines issued under18\nsubsection (6);19\nhold, in relation to information, means to have20\npossession or control of the information, whether alone21\nor jointly with others;22\ninformation officer means —23\n(a) the Chief Animal Protection Officer; or24\n(b) a person designated under subsection (2);25\n\nAnimal Welfare Amendment (Chief Animal Protection Officer) Bill 2025\nPart 2 Animal Welfare Act 2002 amended\ns. 14\npage 32\ninformation sharing agency means any of the1\nfollowing —2\n(a) the department of the Public Service principally3\nassisting in the administration of the Western4\nAustralian Meat Industry Authority Act 1976;5\n(b) the department of the Public Service principally6\nassisting in the administration of the7\nBiodiversity Conservation Act 2016;8\n(c) The Royal Society for the Prevention of Cruelty9\nto Animals, Western Australia10\n(ACN 626 609 587);11\n(d) any other agency prescribed in the regulations;12\nrelevant information means —13\n(a) information relevant to the administration or14\nenforcement of this Act; or15\n(b) information required by the Chief Animal16\nProtection Officer in the performance of their17\nfunctions under this Act.18\n(2) The Chief Animal Protection Officer may, in writing,19\ndesignate as an information officer for the purposes of20\nthis section —21\n(a) a public service officer appointed or made22\navailable under section 5V; or23\n(b) a person in relation to whom an arrangement24\nunder section 5W is in effect.25\n(3) An information officer may, in accordance with the26\nguidelines, request an information sharing agency that27\nholds relevant information to disclose the information28\nto the information officer.29\n(4) Information may be disclosed in compliance with a30\nrequest under subsection (3), despite any duty of31\nconfidentiality or secrecy imposed by law.32\n\nAnimal Welfare Amendment (Chief Animal Protection Officer) Bill 2025\nAnimal Welfare Act 2002 amended Part 2\ns. 15\npage 33\n(5) If information is disclosed in good faith in compliance1\nwith a request under subsection (3) —2\n(a) no civil or criminal liability is incurred in3\nrespect of the disclosure; and4\n(b) the disclosure is not to be regarded as a breach5\nof any duty of confidentiality or secrecy6\nimposed by law; and7\n(c) the disclosure is not to be regarded as a breach8\nof professional ethics or standards or as9\nunprofessional conduct.10\n(6) The Chief Animal Protection Officer must issue11\nguidelines as to how information is requested under12\nsubsection (3).13\n(7) The regulations may include provisions about —14\n(a) receiving and storing information disclosed15\nunder this section; and16\n(b) restricting access to such information.17\n18\n15. Section 92 amended19\nIn section 92(2) delete “the RSPCA,”.20\n16. Section 94 amended21\nAfter section 94(2)(d) insert:22\n23\n(da) adopt a code of ethics to apply to the24\nfollowing —25\n(i) the Chief Animal Protection Officer;26\n(ii) public service officers appointed or27\nmade available under section 5V;28\n\nAnimal Welfare Amendment (Chief Animal Protection Officer) Bill 2025\nPart 2 Animal Welfare Act 2002 amended\ns. 17\npage 34\n(iii) persons in relation to whom an1\narrangement under section 5W is in2\neffect;3\nand4\n(db) adopt operational directions and practice5\nstandards to apply to inspectors appointed6\nunder section 33; and7\n8\n17. Section 94A inserted9\nAfter section 94 insert:10\n11\n94A. Transitional provisions for Animal Welfare12\nAmendment (Chief Animal Protection Officer)13\nAct 202514\n(1) In this section —15\nauthorised person has the meaning given in section 63;16\nCEO has the meaning given in section 5(1) as in force17\nimmediately before commencement day;18\ncommencement day means the day on which the19\nAnimal Welfare Amendment (Chief Animal Protection20\nOfficer) Act 2025 section 3 comes into operation;21\nformer section 33(1)(b) means section 33(1)(b) as in22\nforce immediately before commencement day;23\nformer section 64(1)(e) means section 64(1)(e) as in24\nforce immediately before commencement day.25\n(2) A member of the staff of a local government who was,26\nimmediately before commencement day, an inspector27\nappointed by the CEO under former section 33(1)(b) is28\ntaken to have been appointed on commencement day to29\nbe an inspector under section 33(1)(a).30\n\nAnimal Welfare Amendment (Chief Animal Protection Officer) Bill 2025\nAnimal Welfare Act 2002 amended Part 2\ns. 18\npage 35\n(3) The member of the staff is taken to be an inspector1\nappointed under section 33(1)(a) —2\n(a) on the terms and conditions of their existing3\nappointment; and4\n(b) for the remainder of the term of their existing5\nappointment.6\n(4) A member of the staff of a local government who was,7\nimmediately before commencement day, an authorised8\nperson appointed by the local government under former9\nsection 64(1)(e) is taken to have been appointed on10\ncommencement day to be an authorised person under11\nsection 64(1).12\n(5) The member of the staff is taken to be an authorised13\nperson appointed under section 64(1) —14\n(a) on the terms and conditions of their existing15\nappointment; and16\n(b) for the remainder of the term of their existing17\nappointment.18\n19\n18. Various references to “CEO” amended20\nIn the provisions listed in the Table delete “CEO” (each21\noccurrence) and insert:22\n23\nChief Animal Protection Officer24\n25\nTable26\ns. 18(1), (2) and (4) s. 33(3) and (5)\ns. 34(1), (2), (3) and (4) s. 35(2) and (4)\ns. 35A(2), (3) and (5) s. 36(1) and (3)\n\nAnimal Welfare Amendment (Chief Animal Protection Officer) Bill 2025\nPart 2 Animal Welfare Act 2002 amended\ns. 18\npage 36\ns. 37(1) and (2) s. 44(11) def. of owner\ns. 55(5) s. 82(1)\ns. 83(1), (2) and (4) s. 90(1)\n\nAnimal Welfare Amendment (Chief Animal Protection Officer) Bill 2025\nCat Act 2011 amended Part 3\ns. 19\npage 37\nPart 3 — Cat Act 2011 amended1\n19. Act amended2\nThis Part amends the Cat Act 2011.3\n20. Section 3 amended4\n(1) In section 3(1) in paragraph (b) of the definition of authorised5\nperson delete “Act;” and insert:6\n7\nAct; or8\n9\n(2) In section 3(1) after paragraph (b) of the definition of10\nauthorised person insert:11\n12\n(c) a person appointed as a general inspector under13\nthe Animal Welfare Act 2002 section 33(1);14\n15\n21. Section 86A inserted16\nAfter section 86 insert:17\n18\n86A. Report for Chief Animal Protection Officer19\n(1) In this section —20\nChief Animal Protection Officer has the meaning21\ngiven in the Animal Welfare Act 2002 section 5(1).22\n(2) The CEO of a local government must, within 3 months23\nafter 30 June in each year, prepare a report for the24\nChief Animal Protection Officer as to the general25\nactivities of the local government under this Act during26\nthe financial year ending on that day.27\n\nAnimal Welfare Amendment (Chief Animal Protection Officer) Bill 2025\nPart 3 Cat Act 2011 amended\ns. 21\npage 38\n(3) A report under subsection (2) must include any1\ninformation prescribed in the regulations.2\n3\n\nAnimal Welfare Amendment (Chief Animal Protection Officer) Bill 2025\nDog Act 1976 amended Part 4\ns. 22\npage 39\nPart 4 — Dog Act 1976 amended1\n22. Act amended2\nThis Part amends the Dog Act 1976.3\n23. Section 3 amended4\n(1) In section 3(1) in paragraph (b) of the definition of authorised5\nperson delete “Act;” and insert:6\n7\nAct; or8\n9\n(2) In section 3(1) after paragraph (b) of the definition of10\nauthorised person insert:11\n12\n(c) a person appointed as a general inspector under13\nthe Animal Welfare Act 2002 section 33(1);14\n15\n24. Part X Division 1A inserted16\nAt the beginning of Part X insert:17\n18\nDivision 1A — Report for Chief Animal Protection19\nOfficer20\n53. Report for Chief Animal Protection Officer21\n(1) In this section —22\nChief Animal Protection Officer has the meaning23\ngiven in the Animal Welfare Act 2002 section 5(1).24\n(2) The CEO of a local government must, within 3 months25\nafter 30 June in each year, prepare a report for the26\nChief Animal Protection Officer as to the general27\n\nAnimal Welfare Amendment (Chief Animal Protection Officer) Bill 2025\nPart 4 Dog Act 1976 amended\ns. 24\npage 40\nactivities of the local government under this Act during1\nthe financial year ending on that day.2\n(3) A report under subsection (2) must include any3\ninformation prescribed in the regulations.4\n5\n\nAnimal Welfare Amendment (Chief Animal Protection Officer) Bill 2025\nConsequential amendments Part 5\ns. 25\npage 41\nPart 5 — Consequential amendments1\n25. Biodiversity Conservation Act 2016 amended2\n(1) This section amends the Biodiversity Conservation Act 2016.3\n(2) In section 274(1) in the definition of information sharing4\nagency delete paragraph (a) and insert:5\n6\n(a) the office of the Chief Animal Protection7\nOfficer established under the Animal Welfare8\nAct 2002 section 5B(1);9\n10\n26. Biosecurity and Agriculture Management Act 2007 amended11\n(1) This section amends the Biosecurity and Agriculture12\nManagement Act 2007.13\n(2) In section 184(1) in the definition of information sharing14\nagency delete paragraph (c) and insert:15\n16\n(c) the office of the Chief Animal Protection17\nOfficer established under the Animal Welfare18\nAct 2002 section 5B(1);19\n20","sortOrder":2}],"analysis":{"flash_summary":{"complexity_score":8,"scope_assessment":{"changed":true,"description":"Yes. The amendment moves the Animal Welfare Act from a framework that primarily set offences, standards and local enforcement arrangements to a centralised oversight and administrative model. It creates a new independent statutory officer with broad review, information‑gathering and reporting powers across multiple animal welfare laws (s.3(1A); s.5M), expands inter‑agency information sharing (s.90A) and imposes new reporting duties on local governments under the Cat and Dog Acts (Cat Act s.86A; Dog Act s.53). The net effect is a significant enlargement of the Act's institutional scope, centralising strategy, enforcement oversight and cross‑sector review functions in the CAPO rather than distributing them primarily among existing agencies and local governments."},"complexity_factors":["Insertion of an extensive new Part 1A with multiple Divisions, Subdivisions and new operative powers (appointment, functions, reporting, staff, delegations, information powers).","At least a dozen newly defined terms (e.g. Chief Animal Protection Officer, Acting Chief Animal Protection Officer, information officer, information sharing agency, notice to produce or attend, reporting period).","New mandatory procedural steps with conditional logic (e.g. appointment consultation with Committee s.5B(3); suspension mechanism requiring parliamentary addresses s.5H(1)–(3)).","Compulsory information / attendance regime with penalty plus statutory immunities (ss.5Q–5U), including carve‑outs for privilege/confidentiality (s.5U(2)–(3) and s.5ZK(2)).","Information‑sharing provisions that override confidentiality duties but include detailed exceptions and require CAPO guidelines (s.90A(3)–(7)).","Multiple cross‑references and consequential amendments across other Acts (Cat Act, Dog Act, Biodiversity Conservation Act, Biosecurity and Agriculture Management Act), increasing inter‑legislative complexity.","Delegation rules with limits on sub‑delegation and interplay with public service appointment/secondment arrangements (s.5N, ss.5V–5W).","Ministerial direction regime with reporting and tabling obligations, and power for the CAPO to refuse directions with mandated disclosure in annual reports (ss.5Z, 5ZM).","Transitional provisions that reclassify existing inspector/authorised person appointments (s.94A), producing legal continuity issues.","Regulation‑making powers that can fill many operational details (codes of ethics, practice standards, Committee composition) — significant delegated lawmaking."],"plain_english_summary":"**What this bill does (mechanically)\n\n- Establishes a new statutory office called the Chief Animal Protection Officer (CAPO) with an Independent Office of Animal Protection (Part 1A inserted; see sections 5B and 5ZB).\n- Gives the CAPO a broad set of functions: administer and enforce the Animal Welfare Act, review and monitor animal welfare laws and policies, commission inquiries and research, prepare reports for Parliament, develop policy/guidelines and a State-wide animal welfare strategy, and review codes of practice (see sections 5M(1)(a)–(h) and 5M(2)–(3)).\n- Creates an Animal Protection Advisory Committee to advise the CAPO and sets appointment and reporting rules for that Committee (see sections 5ZC–5ZG).\n- Gives the CAPO powers to appoint general inspectors and to designate some inspectors as \"designated inspectors\"; replaces earlier CEO appointment power so the CAPO controls inspector appointments (see amended section 33, section 35A).\n- Introduces statutory powers to compel people or organisations to produce documents or attend and answer questions for CAPO inquiries (notice-to-produce/attend: sections 5Q–5U). Non‑compliance attracts a fine (s.5U(1): $6,000). There are civil/criminal immunities for good‑faith compliance (s.5U(3)).\n- Creates an information‑sharing mechanism allowing CAPO staff to request and receive relevant information from prescribed agencies (including certain government departments and the RSPCA) despite duties of confidentiality; disclosures made in good faith are protected from liability (see section 90A).\n- Provides staffing options: CAPO may use public service officers, state agency staff or contract service providers (sections 5V–5X). CAPO may delegate many powers to staff (section 5N).\n- Requires annual reports from the CAPO and sets rules for draft reports, ministerial comment, parliamentary tabling and publication (sections 5ZH–5ZO, 5ZM).\n- Preserves a form of ministerial oversight: Minister may issue written directions about general policy (not about particular matters), must table directions, and CAPO may refuse a direction on reasonable grounds and must report refusals (sections 5Y–5Z, 5ZM).\n- Makes consequential changes to the Cat Act 2011 and Dog Act 1976 to require local government CEOs to prepare annual reports to the CAPO (new sections 86A in the Cat Act and Division 1A s.53 in the Dog Act).\n- Changes how \"authorised persons\" and \"inspectors\" are appointed and separates the two roles; inserts transitional provisions to re‑classify existing local government inspectors/authorised persons (see replacement of s.64, s.94A).\n- Adds regulation‑making and codes of ethics powers to deal with CAPO conduct, inspectors’ practice standards, and Committee membership/conditions (see s.94(2)(da),(db) and s.5ZF).\n\n\nWho this affects and how it matters\n\n- State government: the State (via the Governor and the Attorney General) appoints and pays the CAPO (s.5B, s.5C). The CAPO will direct enforcement strategy and coordinate staff drawn from the Public Service or made available by agencies (ss.5V–5W). Establishing and operating the office will require budget/staffing decisions by government.\n- Local governments: local government CEOs must supply annual reports on Cat/Dog Act activity to the CAPO (Cat Act s.86A; Dog Act s.53). Local government staff can be nominated to be general inspectors (amended s.33). Transitional provisions convert existing local government inspectors/authorised persons into the new framework (s.94A).\n- Police and authorised officers: the Commissioner of Police and local government chief executives must continue to appoint authorised persons for infringement processes, but the CAPO now appoints general inspectors and decides designated inspectors (replacement s.64; amended s.33 and s.35A).\n- Private businesses and industries that use animals (e.g. agriculture, racing, research): the CAPO has explicit powers to review treatment of animals in particular industries and may commission inquiries, request documents and require attendance in relation to those reviews (s.5M(1)(b); ss.5Q–5U). That creates a route for formal scrutiny and potential enforcement action.\n- RSPCA and other prescribed agencies: listed as potential information‑sharing agencies (s.90A). The CAPO can request relevant data from them, and good‑faith disclosures are protected (s.90A(3)–(6)).\n- Prospective CAPO candidates: appointment eligibility is constrained — people with recent (past 2 years) parliamentary service or recent company officer roles in bodies principally engaged in commercial use of animals are ineligible (s.5E(2)).\n\n\nOfficial purpose claims and how the bill changes incentives, costs and choices\n\n- Claimed purpose: to create an independent statutory office to centralise oversight, administration and enforcement of animal welfare laws, improve monitoring and consistency across sectors, and provide regular public reporting (see newly inserted s.3(1A) and s.5M). The bill mechanically achieves that by giving the CAPO review powers, compulsory information powers, and reporting duties.\n\n- Who pays: remuneration and terms for the CAPO are fixed by the Governor (subject to Salaries and Allowances Act) and CAPO staff may be public servants or seconded employees — so the State budget bears most direct costs (s.5C; ss.5V–5W). Local governments bear the administrative cost of preparing annual Cat/Dog Act reports (Cat Act s.86A; Dog Act s.53).\n\n- Who decides: appointment is by the Governor on the Attorney General’s recommendation after consultation with the Advisory Committee (s.5B). The CAPO decides operational matters (staffing, delegations, inquiries, information requests) but the Minister can set general policy directions (ss.5B, 5N, 5Z).\n\n- Behaviour changes and compliance costs: organisations and individuals with relevant information may be required to produce documents or attend interviews (ss.5Q–5U). Agencies listed in regulations must disclose information to CAPO officers on request (s.90A). These powers raise compliance costs (document search, legal review, time spent responding) and may prompt changes to record‑keeping and contractual confidentiality arrangements. There is a specified fine for failing to comply (s.5U(1): $6,000), which creates a direct enforcement incentive to comply.\n\n- Trade‑offs and risks\n  - Independence vs oversight: CAPO is insulated from ministerial direction for particular matters (s.5Y), but the Minister can issue general policy directions (s.5Z) that must be tabled, and the Chief must report any refusal to comply (s.5ZM). This creates a structured tension — the CAPO has operational independence but remains politically visible.\n  - Information access vs confidentiality: s.90A enables disclosures despite duties of confidentiality, and s.5U(3) gives immunity for good‑faith compliance. However, the Act also protects certain privileged/confidential material from inclusion in reports (s.5ZK(2)), and s.5ZA lists grounds to refuse ministerial information requests (including legal professional privilege and prejudice to investigations). Managing these lines will require legal judgement and may lead to disputes or litigation.\n  - Administrative burden and resourcing risk: the CAPO is given a wide mandate — oversight across multiple Acts and sectors (s.5M). Delivering meaningful investigations, reports and a State‑wide strategy requires sustained funding and staff; under‑resourcing could limit effectiveness or shift costs to other agencies and local governments.\n  - Overlap and coordination: the CAPO’s new role intersects with existing enforcement agencies (police, local governments, RSPCA) and with responsibilities under Biodiversity and Biosecurity legislation (amendments at sections 25–26). Clear operational protocols will be needed to avoid duplication or jurisdictional conflict.\n\n\nImplementation and compliance issues to watch\n\n- Defining \"relevant information\" and the scope of review powers (s.90A; s.5P). The CAPO’s authority to compel information is limited to functions in s.5M(1)(b) (reviews and monitoring) (s.5P), but that is broad in practice.\n- How the CAPO uses delegated staff and secondments (ss.5N, 5V–5W) — delegation rules limit further sub‑delegation (s.5N(4)), and employment/leave/remuneration arrangements are left to Governor or agreement terms (s.5C; s.5W(3)).\n- The form and content of the CAPO’s guidelines for information requests and the regulation‑making exercise under s.90A(6) and s.94(2)(da),(db). Those instruments will determine practical access, storage and privacy safeguards.\n- The Advisory Committee’s composition may be regulated to include representatives of particular industries or interest groups (s.5ZF(2)(a)(ii)). If the regulations follow that path, the Committee’s advice profile will shape CAPO priorities.\n\n\nKey statutory citations (selected)\n- Establishment and functions: s.5B, s.5M\n- Appointment eligibility and limits: s.5E, s.5B(5)–(6)\n- Compulsory information / attendance powers and penalty: ss.5Q–5U\n- Information sharing and protections: s.90A\n- Ministerial directions and reporting: ss.5Z, 5ZM\n- Inspectors and authorised persons: amended s.33, replacement s.64, amended s.35A\n- Local government reporting duties: Cat Act s.86A; Dog Act s.53\n- Transitional arrangements for existing inspectors and authorised persons: s.94A\n\nThis bill converts the Animal Welfare Act into the statutory home of a single, independent oversight office with powers to appoint inspectors, compel evidence for reviews, draw information from other agencies, and require annual reports from local governments. The office is designed to be operationally independent but remains within a framework of ministerial policy directions, parliamentary tabling and regulation.\n"},"summary":{"status_summary":"The Bill is at second reading in the Legislative Council of Western Australia, having been introduced by Hon. Ms Amanda Dorn, MLC.","complexity_score":6,"likely_questions":["What are the specific powers of the Chief Animal Protection Officer to compel information?","How does this Bill change enforcement of animal welfare laws for local governments?","Who will pay for the new office and its staff?","Can the Minister override the Chief Animal Protection Officer's decisions?","When will the Bill come into effect, and what happens to existing inspector appointments?"],"complexity_factors":["Creation of a new statutory office with appointment, tenure, and removal provisions","New investigative powers including notices to produce or attend with penalties","Amendments to three principal Acts (Animal Welfare, Cat, Dog) and two other Acts","New annual reporting obligations imposed on local governments","Interaction between ministerial direction and independence of the officer","Transitional provisions for existing inspectors and authorised persons"],"plain_english_summary":"The Bill creates a standalone Chief Animal Protection Officer (CAPO) and Independent Office of Animal Protection to replace the CEO as the key decision-maker under the Animal Welfare Act, giving the CAPO oversight, review and enforcement powers (including compelling documents and testimony) across animal-welfare laws. Appointment rules bar industry insiders and MPs; the CAPO is independent in individual matters but subject to ministerial policy direction.\n\nIt transfers inspector appointments to the CAPO, tightens information‑sharing, requires local governments’ annual reporting on cats and dogs, and phases in most provisions six months after assent."}},"importantCases":[],"_links":{"self":"/api/acts/animal-welfare-amendment-chief-animal-protection-officer-bill-2025","history":"/api/acts/animal-welfare-amendment-chief-animal-protection-officer-bill-2025/history","analysis":"/api/acts/animal-welfare-amendment-chief-animal-protection-officer-bill-2025/analysis","conflicts":"/api/acts/animal-welfare-amendment-chief-animal-protection-officer-bill-2025/conflicts","importantCases":"/api/acts/animal-welfare-amendment-chief-animal-protection-officer-bill-2025/important-cases","documents":"/api/acts/animal-welfare-amendment-chief-animal-protection-officer-bill-2025/documents"}}