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Animal welfare office faces questions over independence

Photo by Adele Stack / Unsplash

A proposed NSW Office of Animal Welfare has drawn criticism from animal protection advocates who say ministerial controls would prevent it from independently examining important welfare issues.

The Australian Alliance for Animals is calling for amendments to the Minns Government’s legislation, arguing it falls short of an election promise to establish independent oversight.

For the Hawkesbury, where farming, horse ownership, animal rescue and companion animals are important parts of community life, the debate concerns how welfare issues are investigated and whose advice shapes government decisions.

The Prevention of Cruelty to Animals Amendment (Office of Animal Welfare) Bill 2026 was introduced in the Legislative Council on October 15.

Under the Bill, the office could review and advise on animal welfare matters, and on the funding and functions of approved animal welfare enforcement charities, only at the Minister’s written request.

Alliance policy director Dr Jed Goodfellow said that restriction undermined the proposed office’s independence.

“An independent office must be able to examine animal welfare problems without first needing the Minister for Agriculture's permission,” he said.

The legislation does, however, protect some decisions from ministerial direction. These include the contents of advice and recommendations, decisions about investigating or dismissing complaints, and the use of powers to compel information and documents.

The distinction means the office would have independence over certain decisions and findings, while needing ministerial approval to initiate specified reviews.

The Government says the office would strengthen accountability by overseeing the enforcement performance of RSPCA NSW and Animal Welfare League NSW, reviewing enforcement funding and handling public complaints about their enforcement activities.

It proposes placing the office within the Premier’s Department portfolio, reporting to the Agriculture Minister.

Agriculture Minister Tara Moriarty said the reform would improve confidence in animal welfare enforcement.

“The new Office will ensure animal welfare enforcement functions are carried out effectively and consistently to strengthen public confidence in this important service for the community.”

The Alliance has also criticised changes to expert consultation requirements.

The Bill’s explanatory notes confirm it would replace the Animal Welfare Advisory Council’s specified consultation role concerning regulations incorporating animal welfare guidelines, with relevant stakeholder consultation for companion animals.

Dr Goodfellow said Parliament should preserve a statutory role for expert advice and allow the office to initiate animal welfare reviews.

“There is still an opportunity to get this right. We urge the Government to work with Parliament to strengthen the Bill and deliver the independence it promised.”

Who is the Australian Alliance for Animals?

The Australian Alliance for Animals is a national charity that brings together major animal protection organisations to campaign for changes to animal welfare laws and government policy.

Its core members include Animals Australia, Humane World for Animals Australia, World Animal Protection Australia, Compassion in World Farming, FOUR PAWS Australia and Voiceless.

The Alliance says its member organisations have a combined supporter base exceeding two million people.

Its role is advocacy and policy reform. It is separate from the proposed NSW Government office and from organisations exercising statutory animal welfare enforcement powers.

Dr Goodfellow leads its law and policy reform work and has more than 20 years’ experience in animal welfare law, policy and advocacy.

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