Compulsory reporting of animal abuse in Family Court cases

By GRACE KEYWORTH
Many see household pets as members of the family, and now under amendments to the Family Law Act, abuse and neglect for them will be seen as an act of ”family violence” that has to be reported to the courts in Family Law proceedings.

After recommendations from the National Council’s Plan to Reduce Violence Against Women and Their Children, amendments were tabled in Parliament last week to enhance national definitions of family violence. The new definitions encompass physical, emotional, and financial abuse which intends to control a family member or causes them fear.

The updated legislation also makes it compulsory for lawyers, family counsellors and consultants to advise the court of instances of family violence or threats of family violence. Attorney-General Robert McClelland says that this removes the fear of parents being seen as “un-friendly” in custody hearings and ensures that the child’s best interests are at the centre of the decision making process.

“Lawyers will have a responsibility to report their concerns of violence that may be affecting their client to the courts on the one hand, and the courts will have a corresponding obligation if they sense there are issues of violence affecting the parties to inquire in respect to those issues.” Mr McClelland said. “That has been recommended as necessary because there are currently some disincentives to report violence.”

Up until now, animal abuse has only been recognised in family law at the State and Territory level as part of psychological abuse under the guise of damage to property. The new legislation lists it specifically as an example of family violence.

One of the potential problems with the federal legislation is that vets are not legally required to report cases of animal abuse or cruelty to the anyone. Across Australia, school teachers, doctors, nurses and child-care staff are required by law to report suspected child abuse cases to the authorities, which creates a paper trail able to be called upon by courts in family law hearings. Perhaps it is time that vets have to do the same for animal abuse to also create an evidence trail.

The Australian Veterinary Association’s policy position is against mandatory reporting.

“We are not in favour of mandatory reporting of instances of suspected animal abuse because it might discourage people from bringing their animals to the veterinarian if they believe they may be reported,” the policy says.

Although the AVA’s guidelines recommend that vets who suspect cruelty should report it to the responsible authority, but the welfare of the animal should come first and foremost. A Canberra vet who didn’t want to be named, said that although they are supposed to report animal abuse, sometimes it is easier to deal directly with the owner.

“I personally have no problems questioning how an animal was injured,” The vet said. “We are meant to report it, but if I think an animal’s injuries don’t add up to the story given by the owner, I ask them. I don’t beat around the bush, if people don’t look after their animals, they don’t deserve to have them.”

When asked about their views on the link between animal abuse and family violence the vet said how people treated their animals often related to how they treated their children.

“It’s well documented that some people use pets to manipulate their partners or children.” The vet said. “Sadly, sometimes it’s the animals that get physically hurt, which obviously would upset other members of the family. It’s disgusting behaviour and unfortunately the animals can’t tell anyone about it.”

There have been several studies linking abuse to animals and domestic violence, including a study by Monash University with half of domestic violence sufferers surveyed saying that animal abuse had also happened in their home.

RSPCA annual statistics report states that in 2009-2010 they received over 53, 000 complaints of animal neglect or cruelty which resulted in only 184 convictions. Comparatively the Australian Institute of Health and Welfare report for 2009-2010 says authorities received over 185,000 notifications of child welfare concerns with 35 percent of these reports ending up substantiated.

If animal abuse is going to be used in Family Courts, there needs to be improvements to the reporting and documentation process to provide evidence to substantiate claims of family violence, for the children’s and animals’ sake.