List of recommendations Animal welfare rules, codes and standards : That the Code of Practice for the Operation of Greyhound Establishments be comprehensively revised to include animal welfare standards that reflect contemporary community expectations and industry best practice. : That the Domestic Animals Act 1994 be amended to ensure that all greyhounds in the industry are captured by the Code of Practice for the Operation of Greyhound Establishments. : That ‘Applicable Organisation’ status of Greyhound Racinig Victoria under the Domestic Animals Act 1994 be reviewed to ensure that it does not reduce or exempt the requirement for greyhound businesses to comply with the Code of Practice for the Operation of Greyhound Establishments or to be registered as a Domestic Animal Business. : That Greyhound Racing Victoria immediately identify all greyhound establishments that are potentially ‘Domestic Animal Businesses’ under the Domestic Animals Act 1994 and notify them to the relevant council to be assessed for registration. : That Greyhound Racing Victoria educate its members about the legal requirements to register as ‘Domestic Animal Businesses’ with local councils (and the penalties for failing to do so) and develop information sharing procedures with local councils to ensure future registration compliance. : That the penalties and sanctions under the Greyhound Racing Victoria Local Rules be reviewed and revised to make them consistent with community expectations. : That the Prevention of Cruelty to Animals Act 1986 be amended to strengthen the offences for baiting and luring and to improve the enforceability of baiting and luring offences. This could include prohibiting the presence of animals being kept, used live or killed for that purpose at any place being used for greyhound training or racing; and introducing an offence for being present at a place where live baiting or luring is occurring. The penalties of baiting and luring offences should also be increased to match penalties for aggravated cruelty. : That the statutory limitation for time to initiate a prosecution be extended to three years for Prevention of Cruelty to Animals
: That the Greyhound Inspectorate be responsible for regulating greyhound establishments including ‘Domestic Animal Businesses’ under the Domestic Animals Act 1994. : That all premises involved in greyhound breeding, rearing, breaking-in, bullrings, boarding, and training should be registered and monitored by Greyhound Racing Victoria under the current governance framework prior to establishment of the Greyhound Inspectorate. : That the Greyhound Inspectorate develop, in consultation with all relevant agencies, a greyhound Domestic Animals Act 1994 and Prevention of Cruelty to Animals Act 1986 compliance strategy, including reporting requirements and memorandums of understanding with appropriate agencies to define liaison, assistance and briefings on breaches of legislation for compliance action. : That the Ministers for Racing and Agriculture develop statements of expectation for the agencies involved in monitoring and enforcing animal welfare in the greyhound industry. Accountability between agencies That the Greyhound Racing Victoria Board is designated a statutory obligation under the Racing Act 1958 to promote animal welfare, including greyhound welfare, across the industry. : That the Racing Act 1958 require the Greyhound Racing Victoria Board to include a member who is an expert on animal welfare and/or ethics. : The Review also recommends that the GRV Board develop an animal welfare strategy with measurable objectives and goals that reflect wider community expectations for the industry. Currently, GRV mentions animal welfare initiatives in its annual report but there is no formal obligation to do so. The animal welfare content has tended to focus on the Greyhound Adoption Program and new animal welfare initiatives but has neglected reporting on important welfare statistics and trends such as retirement and euthanasia. : That the Greyhound Racing Victoria Board develop a comprehensive animal welfare strategy in consultation with key stakeholders including major animal welfare organisations. : That a review of financial and other incentives be conducted by a Greyhound Racing Victoria led working group, including representation from the Department of Economic Development and RSPCA, to develop options that may be effective to reduce numbers of greyhounds being bred, improve rehoming rates after retirement (Greyhound Adoption Program) and to fund improved post-racing retirement outcomes.
: That Greyhound Racing Victoria consider enhanced education and training requirements for the registration and licensing of participants. Skills should be assessed regularly, and participants should be required to undergo regular, ongoing training and revision in order to be familiar with the legal and welfare requirements of greyhounds. : That Greyhound Racing Victoria implement a formal referral mechanism and protocol for breaches of all relevant legislation identified by Greyhound Racing Victoria to be immediately reported to the appropriate agency for investigation and action. : That Greyhound Racing Victoria optimise their use of existing sanctions, particularly registration, suspension and disqualification powers to enforce compliance to Local Rules, Codes of Practice and other relevant legislation. : That Greyhound Racing Victoria develop and implement a greyhound welfare and Local Rules compliance strategy in consultation with all relevant agencies. All inspection and enforcement action should be reported regularly to Greyhound Racing Victoria and Office of the Racing Integrity Commissioner, and a summary public report published annually. A protocol should be developed to guide Greyhound Racing Victoria stewards on the appropriate management of compliance actions. : That Greyhound Racing Victoria supports and encourages stewards’ intelligence gathering and assistance to support animal welfare enforcement by Greyhound Racing Victoria and other agencies. : That Greyhound Racing Victoria consider further Local Rules changes to: prohibit the keeping of animals by any registered participant for the purpose of use as a lure (live or dead); avoid transfer of greyhounds as a means to avoid effective penalties place sanctions on a greyhound proven to be ‘blooded’; and support the policy change that only synthetic lures be allowed. : That a national discussion of jurisdictional governments consider greater harmonisation of rules and improved information gathering and sharing to support regulation and improvement of animal welfare in the greyhound industry. : That the Racing Appeals and Disciplinary Board include an independent member with appropriate animal welfare and/or veterinary expertise when considering animal welfare related issues. : That the responsibilities of the Office of the Racing Integrity Commissioner are expanded to
Racing Act 1958 The Racing Act 1958 (Racing Act) governs the three racing codes in Victoria. It regulates the conduct of race meetings, provides for the licensing of clubs and courses, and establishes GRV as the Controlling Body responsible for the development, promotion and management of greyhound racing. The Act does not focus on animal welfare, nor does it require GRV to specifically address welfare as part of its functions. However, GRV is responsible for all aspects of greyhound racing that involve the greyhounds themselves, including the registration and verification of greyhounds; litter and stud dog registration; the provision of racing certificates; and the regulation of breeding and kennelling standards. It has an implicit role of providing animal welfare direction to the entire industry. The responsible authority of the Racing Act is the Minister for Racing. The Racing Act empowers the GRV Board to appoint inspectors and stewards to ensure compliance with Local Rules. In practice, GRV animal welfare compliance and education officers (abbreviated to GRV inspectors for the rest of the Report) are responsible for ensuring industry participants are compliant with the rules of racing and the various Codes of Practice. Stewards tend to have a narrower focus on race day integrity and drugs testing. Local Rules The Racing Act empowers the GRV Board to make Local Rules to govern the Victorian greyhound industry. The GRV rules incorporate four distinct sets of rules: that apply to greyhound racing in Australian States and Territories, and New Zealand. Often referred to as the Greyhounds Australasia Rules. The ‘Local Rules’ – the Local Rules endorsed by GRV. Local Rules vary between jurisdictions and take precedence over the National Rules in the event of inconsistency. The ‘Plumpton Coursing Rules’ – a set of rules that apply only to Plumpton Coursing events. The ‘Betting and Bookmakers Rules’ – rules that govern betting and bookmakers. GRV has also developed numerous policies, educational documents and guidelines relating to greyhound welfare and management. The Review notes that an individual would need to read more than 20 individual documents (including the Local Rules, the National Rules, and multiple policies and education packages) to fully understand the requirements for greyhound welfare and management. Licenses and Registrations The licensing and registration of participants and dogs is central to GRV operations. GRV currently licenses Catchers, Attendants, Trainers and Breeders and an expansion of licensing categories
is scheduled for later in 2015. GRV registers litters, racing greyhounds, stud greyhounds and greyhound owners. There are currently around 8,980 registered owners (including syndicates)1, 2,682 The ‘National Rules’ – a set of rules issued by Greyhounds Australasia 1 Greyhound Australasia (2015) Website: http://www.galtd.
Additional recommendations are provided, in the Chapter 4, relating to establishing a process for more rigorous investigation of complaints, including surveillance, and providing a power to require approval, from GRV, for an owner or person in charge of a greyhound to dispose of a greyhound carcass following death with the option of GRV requiring that an autopsy be performed in a number of cases to better understand end of life outcomes. Inspectorate There is potential for a real or perceived conflict of interest between the aspirations of GRV to promote the industry and its responsibility to deliver strong regulation of animal welfare. The continued future of the industry depends on demonstrating and providing confidence in good animal welfare outcomes. Good regulatory practice requires a degree of separation of the regulatory authority from industry interests. Experience in other fields demonstrates that the provision of education and information alone does not reduce public anxiety and distrust unless there is also effective and clear structural changes to address the underlying concern. While the Review is of the view that the recommendations to enhance the powers and accountabilities of inspectors will greatly enhance the capability of the greyhound inspectors to operate effectively, the introduction of a high quality authority (the Greyhound Inspectorate) which manifestly has animal welfare in the greyhound industry as its first priority and has appropriate investigative and executive powers is a fundamental component of the series of developments needed to rebuild public confidence. An industry-funded, statutory Greyhound Inspectorate should be established to regulate animal welfare in the greyhound industry. Further work will be required to determine how this is best achieved. The Greyhound Inspectorate should become responsible for the registration, inspection and audit of all premises involved in greyhound breeding, rearing, breaking-in, bullrings, boarding and training. As a result, local government should no longer be responsible for greyhound DABs under the DAA. It will be critical that the Greyhound Inspectorate develops a DAA and POCTAA compliance strategy and build inter-agency relationships to ensure strong liaison, assistance and referral of potential animal welfare offences. between agencies The complexity of the current regulatory framework, lack of powers, poor interagency coordination, and confusion as to which agency has the primary role to regulate racing greyhounds and greyhound premises, has resulted in serious gaps in the animal welfare compliance regime. The Review proposes a new model for agency accountability: one which
4. Detailed recommendations The sections below provide more detailed information, evidence and specific recommendations across five key areas. 4.1 Animal welfare rules, codes and standards The regulatory framework that governs animal welfare in the greyhound industry is complicated. Relevant statutory requirements, regulations and minimum standards are spread across multiple Acts and their subordinate documents. The Review has considered this regulatory framework in detail and found considerable deficiencies with the following: The adequacy of the content of relevant Codes of Practice, in particular the Code of Practice for the Operation of Greyhound Establishments (COPG); The application of these Codes of Practice to greyhound industry participants; The consistency across the legislation with regard to offences, penalties and statute of limitations on laying charges; and The complexity of rules. 4.1.1 Adequacy of Codes of Practice In Victoria there are five Codes of Practice made under the Domestic Animals Act 1994 (DAA) that relate to the management of dog-related businesses. These Codes are enterprise-specific and outline the minimum standards required for housing, exercise, enrichment, socialisation and care. These Codes are mandatory if an establishment meets the definition of a ‘Domestic Animal Business’ (DAB) under Section 3 of the DAA. The Code of Practice for the Operation of Greyhound Establishments (COPG) – which specifically appplies to greyhounds registered by GRV – is mandatory for greyhound establishments that meet the definition of a DAB. This Review has identified deficiencies in the COPG and finds it lacking in content and scope in relation to all facets of the racing greyhound lifecycle. The other DAA Codes of Practice are detailed and enterprise-specific. Compared to these, the COPG is brief (only six pages long) and is intended to apply to all greyhound establishments that are breeding, rearing, training or boarding
4.1.3 Variation across offences The Review notes a wide variation between the penalties applicable to equivalent offences under the POCTAA, DAA and the GRV Local Rules. The penalty guidelines developed by GRV fall considerably short of the legislative standards for penalties for animal cruelty under POCTAA or for non- compliance with the COPG under the DAA. At the time of writing, penalties for luring and animal cruelty offences under POCTAA include significant monetary penalties ranging from $35,4626 to $177,1327 and jail terms of up to two years for individuals. Penalties for setting a dog to attack (or training a dog to attack) under the DAA range from $1,476 to $17,713 and jail terms of up to 6 months.8 Penalties under the Racing Act are weaker: no jail terms and a maximum fine of $14,761. In comparison to the legislative penalties, the penalties under the GRV Local Rules are lesser still: a serious offence (such as live baiting) attracts a minimum ten year ban from participating in the industry (with a maximum penalty of a lifetime ban) and a monetary fine of up to $2,000. There are also offences under the Wildlife Act 1975 for the capture, holding and killing of protected wildlife (should the live animal be wildlife). Similar to POCTAA, these offences have significant monetary penalties and, in some cases, jail sentences. s.13 luring by an individual s.10 aggravated cruelty by a corporation s.28, 28A, 29(4) of the DAA cover offences associated with permitting, training or urging dogs to attack other animals.
RSPCA inspectorate and/or the Department of Economic Development, Jobs, Transport and Resources and funded by industry. Review of competencies GRV inspectors and stewards should have the necessary expertise and/or training in greyhound animal welfare and management, including the auditing of facilities. Currently GRV inspectors have local government experience and training and bring significant audit competencies to their role. Stewards have less formal audit qualifications but bring considerable industry experience. Further work should be undertaken to assess capabilities required for both inspector and steward roles and ensure appropriate formal and informal learning and development processes are in place. The appropriate level of competency for DAA authorisation is: a Certificate IV in Animal Control and Regulation; or the Certificate III in Local Government (Animal Management) or equivalent; or 5 years relevant experience in animal management (i.e. as an authorised officer of a local council or RSPCA inspector). For POCTAA this would be complemented with an additional briefing on powers, penalties and offence investigation, devised and provided by the Greyhound Inspectorate As the controlling body, GRV has an important role in promoting the economic interests of greyhound racing. GRV is also the primary organisation responsible for regulating the industry, including animal welfare. Issues of independence and conflicts of interest were raised by the overwhelming majority of stakeholders interviewed due to GRV occupying this dual role. This section outlines the arguments for the Review’s recommendation of the establishment of a separate body to regulate animal welfare in the greyhound industry. GRV animal welfare initiatives GRV recognises that ensuring animal welfare outcomes is critical to the sustainable development of the industry. The first ‘strategic competency’ of the GRV Strategic Plan 2014-19 is ‘Greyhound Welfare Excellence’. The aim is to ensure the welfare of racing greyhounds as an industry wide priority through the setting and
management Information management is inextricably linked to accountability and effective oversight. A comprehensive information management system which captures important industry data will be essential to informing animal welfare compliance and enforcement strategies and determining their efficacy. Interviews with key greyhound industry stakeholders identified a number of issues relating to data collection, analysis, and use. There is currently a poor understanding of the numbers of greyhounds active in the industry, how they are cared for at different stages in their lifecycle, and what becomes of them after they retire from racing. Stakeholders identified the need for cross-agency access to a ‘live’ database of GRV-registered greyhounds, improved data collection, a comprehensive case management system, better analysis of racetrack and trial injuries, access to intelligence across agencies, behavioural research into industry attitudes towards animal welfare and improved public reporting. Lack of agency coordination can explain a lack of data to a certain extent, but this Review finds that even against a fragmented welfare landscape, GRV has failed to implement systems and data collection vital to industry and animal welfare oversight. Significant changes to data collection, case management and information sharing are required to ensure information is transparent and available to the GRV board, industry members and the public. Greyhound lifecycle information GRV does not routinely publish greyhound welfare statistics and there are particular information gaps relating to whole of life information. In 2013 GRV introduced fines for failing to lodge retirement notifications, and in 2014 GRV began to chase-up retirement outcomes for unnamed greyhounds. As of April 2015, GRV report they have retirement outcomes for 70% for all greyhounds, named and unnamed owned by Victorian registered owners. While the Review notes GRV is unable to chase-up retirement notifications from owners registered with interstate Controlling Bodies and unregistered owners, it questions whether the penalties for failure to lodge retirement notifications are sufficient9. That GRV does not know what becomes of 30% of Victorian greyhounds is inadequate, and GRV (and other Controlling Bodies) must implement improved lifecycle tracking and retirement reporting. Particular problems arise when Victorian greyhounds are transferred to other states. As Victoria hosts a significant proportion of the highest and most lucrative racing grades, owners frequently move their greyhounds to interstate jurisdictions with graded racing events that permit a greater chance of winning. GRV currently has no mechanism for understanding what happens to these greyhounds once they are transferred interstate. International export statistics of Victorian greyhounds are also difficult to come by.
Appendix 2 The Victorian greyhound racing industry Modern greyhound racing involves a field of up to eight dogs racing around a circular track in pursuit of a mechanically operated artificial lure. Track racing utilising artificial lures commenced in Australia in 1927 and the use of live prey was banned in Victoria in the late 1960s. Race meetings throughout Australia are conducted by State or Territory Controlling Bodies as prescribed by the Racing Act in each state (see Figure 1). In Victoria, GRV is the Controlling Body under the Racing Act 1958. Figure 1: Legislative structure Greyhounds Australasia, a national body made up of representatives from each State and Territory Controlling Body (along with representatives from New Zealand Greyhound Racing), promotes national co-operation and uniformity between the jurisdictions. The Victorian greyhound racing industry is the second largest in Australia after New South Wales. Thirteen greyhound clubs across the state consist of 1,739 club members. In 2013 these clubs hosted: 1,015 race meetings; 11,789 races; with 91,020 greyhound starts; and 187,790 total track attendees. There are currently 8,980 greyhound owners (including syndicates), 2,682 trainersand 728 breeders. Overall, the Victorian industry supports an estimated 3,015 full-time equivalent jobs. The number of stakeholders, monies wagered, race meetings, stake monies and total attendees are growing. In financial year 2013-2014: Victoria TAB wagering turnover increased by 3.1% to $0.82 billion. Total income earned by GRV from wagering and other sources was $71 million. GRV distributed approximately $41million in prize money to owners, representing record levels for greyhound racing. Stake money paid was $38 million, more than double the $17 million paid in 2004 GRV increased its code revenue market share against the other Victorian racing codes by 0.92%. It now accounts for 20.13% of Victoria TAB wagering revenue compared to 67.22% for thoroughbred racing accounts and 12.65% for harness racing.
Attendances on-course grew by 6%, having grown 6.6% in metro areas and 5.6% in the country. The number of TAB meetings in Victoria increased by 5.7%. But the number of industry participants (licensed persons) has remained stable, or even slightly decreased in the past decade: There were 14 clubs in Victoria until 2008, now there are 13. The number of owners have slightly increased from 8,398 in 2003 to 8,980 in 2013. The number of trainers have slightly decreased from 2,958 in 2003 to 2,682 in 2013. The number of attendants have slightly decreased from 658 in 2003 to 594 in 2013. A major feature of the greyhound industry is its ‘hobby trainer’ basis. This is commonly an individual, family or small group of individuals operating as a syndicate who might own, rear, train or race one to five dogs. Greyhounds Australasia estimates 95% of trainers fall into this category. Greyhound lifecycle There were 2,851 greyhound litters registered across Australia in 2013, equivalent to almost 18,000 greyhound puppies . In Victoria, a total of 882 litters registered in 2012. Of these, 5,661 puppies were registered with 3,709 (or65.5% of registered puppies) named for racing. In any one year, it is estimated that there are around 9,000 greyhounds training. GRV tracks greyhounds at five stages in their lifecycle through its registration systems: at (1) registration of services/ matings, (2) litter registration, (3) naming, (4) racing status (recording whether the dog has ever raced), and (5) at retirement, with the reason for retirement recorded. Figure 2: Lifecycle of a racing greyhound 0 months 3-12 months old Often at rearing farm 12-15 months old 3-6 weeks Go to breakers for breaking-in Learn to chase mechanical lure duration Recovery from breaking-in Often separate location from breaking-in 16 months (minimum age) to 4-5 years old Peak racing age 2.5-3.5 years Must be named Usually 4.5 years
Appendix 3 GRV welfare measures In recent times GRV has undertaken a number of initiatives to address animal welfare concerns. It formed a Responsible Breeding Task Force (RBTF) in 2005, and more recently formed the Animal Welfare Task Force (AWTF) in 2013 to address welfare issues at all stages of the greyhound lifecycle. Total funding of welfare, Greyhound Adoption Program (GAP) and integrity services has increased 103.1% in the last three years. 16 Recent GRV initiatives include: In February 2014, GRV finalised an animal welfare strategy with Greyhound Racing NSW aimed at establishing new standards of animal welfare excellence in the greyhound racing industry, including breeding, racing, re-homing and participant education. In May 2014 this strategy was endorsed as Greyhound Australasia’s national welfare strategy. Improve the quality and reduce the number of greyhound puppies whelped by introducing higher breeding fees and stricter breeding guidelines to ensure a decision to breed is a considered one: Stud registration fees are now $1000. Similar registration fees are currently being proposed for breeding females (a national agreement is desirable to avoid pushing breeding into lower cost states). GRV discourages bitches from breed- ing a third litter until the puppies from the first two litters have reached an age where their ability can be as- sessed. If the first two litters failed to produce starters, or showed very poor results, GRV will recommend the female not be allowed to breed again. From the 1 July 2015, a third litter will require approval from a national panel. GRV introduced an age cap for bitches to breed Expanding racing opportunities to provide additional racing opportunities for greyhounds of all grades, ages and abilities: Introduction of Tier 3 racing for slower dogs. In February 2015 GRV introduced Grade 6 and 7 races to afford grey- hounds beginning their career to race against similarly inexperienced greyhounds. Similarly, GRV has introduced ‘All Maiden Meetings,’ ‘Restricted Win,’ ‘Veterans,’ and ‘Female Only’ races to cater for a broad range of ability. Improved inspection and compliance requirements on greyhound properties: In 2007, GRV appointed a Grey- hound Welfare Manager. In 2013 GRV employed the first of two Animal Welfare Compliance and Education Officers (referred to as inspectors in this report) to educate industry par- ticipants and increase inspections of greyhound facilities to ensure they are compliant with all relevant rules and codes of practice.
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