Pet Foster

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Legal Considerations

An important area that is often overlooked by the animal welfare community is the legal framework around establishing and operating a foster care group.

The reason for this oversight is that legal information is difficult to locate, and when it is found, it is not exactly easy to comprehend!

The purpose of this section is to provide you with information and links that will help you understand your legal obligations when it comes to running a foster care group. This section is by no means exhaustive, but it will provide you with key points that you need to know to run your group in a legally compliant manner, and it will assist you in understanding where you should go to get more specific information.

It is critical to understand the legalities associated with running a foster care group because not only does it affect the welfare of the animals in the care of your group, but it also impacts your public liability obligations, where and how you physically conduct your operations, and the types of people you can engage with to foster your animals.

Each state of Australia has its own set of laws and regulations when it comes to foster care groups. As such, we have organised this information according to each individual state.

There are generally three ‘layers’ of law that you need to be aware of in each state. They are:

  • State-based legislation, called Acts that cover the entire state
  • Each Act generally has its own set of Regulations. The Regulations are there to re-hash or further explain certain parts of the Act that are not detailed enough
  • Councils are legally empowered by parliament to make certain laws called Council Regulations. These Council Regulations can relate to anything from building permits to the protection of the environment. These Regulations are legally binding and are very specific to the local area in which the council operates at a local suburban level called a zone.

The information provided to you via the links below will start at the state Act level (including any relevant Regulations that relate to the Act) and will then drill down to the local council level.

You will notice that the state Acts mainly cover the welfare and registration of animals, and the local council regulations mainly cover the physical premises at which you conduct your operations.

Legal considerations for ACT

Legal considerations for NSW

Legal considerations for NT

Legal considerations for QLD

Legal considerations for SA

Legal considerations for TAS

Legal considerations for VIC

Legal considerations for WA