FAQs

The Department of Primary Industries and Regional Development (DPIRD), in collaboration with experts in horse health and welfare, has produced draft Standards and Guidelines for the Health and Welfare of Horses in Western Australia (abbreviated as Horse Standards and Guidelines).

The draft Horse Standards and Guidelines propose minimum requirements for the care and management of horses and will apply to all people responsible for horses kept in WA (excluding wild, feral and free-ranging horses; horses that do not have an owner or carer). As far as possible, the document is informed by current scientific knowledge, related policy in other Australian State and Territories, and recommended industry practice.

More information on the project can be found in the consultation draft and consultation paper on this page.

The Animal Welfare Act 2002 (the Act) prohibits and punishes cruelty to animals, but it does not promote the application of minimum animal welfare standards (also known as ‘duty of care’). Having a duty of care for an animal means that a person is legally obliged to provide for the animal’s needs in a reasonable way.

The types of matters that are covered include:

• provision of food and water
• provision of appropriate living conditions
• allowing for the animal to display innate behaviours
• appropriate treatment of disease and injury
• use of correct procedures for handling the animal.

Duty of care provisions are proactive, rather than reactive. Their goal is to avoid or resolve animal welfare problems, leading to general improvements.

The Standards and Guidelines contains requirements (standards) and recommendations (guidelines) that apply to people who own or care for horses. These may be referred to as ‘minimum standards’ and ‘recommended guidelines’. Compliance with the requirements and recommendations satisfies a person’s duty of care. The Standards and Guidelines promote humane and considerate treatment of horses, set a minimum industry standard, and inform all people responsible for horses about their responsibilities.

It is important to recognise the difference between a standard and a guideline. Standards are minimum requirements to meet the basic welfare needs of horses. In the draft Horse Standards and Guidelines, they are presented in a text box labelled ‘Minimum standards’ and use the word ‘must’. If regulations are drafted, standards will form the basis of those regulations, which will become enforceable.

Guidelines are recommended practices to achieve desirable animal welfare outcomes and use the word ‘should’. A guideline may set a higher level of care than a standard. In some cases, the guidelines describe a recommended method of meeting a standard. 

While guidelines aim to encourage a higher level of welfare, it is recognised that guidelines may not be appropriate, or achievable, in all situations. It is also important to understand that guidelines will not be written into regulations, and therefore will not be enforced.

Primarily, the Horse Standards and Guidelines are a statement of DPIRD’s policy. It is anticipated that the document will be adopted under the Animal Welfare Act 2002 as a Code of Practice and will operate like the current Codes of Practice. This means they can be used by the courts to assess husbandry and management practices in cases of alleged cruelty. They can also be used as a defence to a charge of cruelty if a person can prove they were acting in accordance with an adopted Code of Practice. However, as they stand, non-compliance with a Code of Practice is not an offence under law.

In the future, regulations may be drafted. Regulations will be based on the standards. Breaches of regulations may be the subject of penalties imposed by a court or by an inspector through an infringement notice scheme, as appropriate. 

The guidelines advise on recommended practice. They will not form part of the regulations and non-compliance with them will not be an offence under law.

The Western Australian Government recognises the value of animal welfare to the community and is working to ensure that all animals receive appropriate standards of care.

DPIRD is undertaking public consultation on the Horse Standards and Guidelines to gather views from the community and stakeholders on general welfare concepts for horses and the likely impact posed by compliance with the draft standards. 

All feedback provided by the community and stakeholders as part of the consultation process is appreciated and will be considered in shaping the final Horse Standards and Guidelines.

Following consultation, regulations on horse health and welfare may be drafted and adopted under the Animal Welfare Act 2002. At such a time that regulations are drafted, a separate consultation will be conducted to raise awareness of proposed regulatory measures.

The standards in the Horse Standards and Guidelines are directed to a ‘person responsible for a horse’. This term, as defined in the document, includes: 

• the owner of the horse
• a person who has control of the horse, and 
• the owner of the place where the animal is at a relevant time. 

There may be more than one ‘person responsible for a horse’ at any one time. For example, the owner and a person who has actual physical custody or control of a horse (such as a trainer or agistment owner) can both be considered the person responsible for the horse.

As an agistment owner or manager, you will fall into the definition of a ‘person responsible for a horse’. That is, you may own the place where the horse is at the relevant time, or you may be the person who has actual physical custody or control of the horse. While you are a person responsible for a horse, you ought to comply with the relevant requirements in the Horse Standards and Guidelines.

In addition to the general requirements, Part 3 (Chapter 23) contains further requirements and information relevant to agistment.

As a trainer, you will fall into the definition of a ‘person responsible for a horse’. That is, even if you are not the owner, you may be the person who has actual physical custody or control of the horse. While you are a person responsible for a horse, you ought to comply with the relevant standards in the Horse Standards and Guidelines.

As an event organiser, you will fall into the definition of a ‘person responsible for a horse’. That is, you may own the place where the horse is at the relevant time, or you may be the person who has actual physical custody or control of the horse. While you are a person responsible for a horse, you ought to comply with the relevant standards in the Horse Standards and Guidelines.

In addition to the general requirements, Part 3 (Chapter 22) contains further requirements and information relevant to events.

No. The Horse Standards and Guidelines apply to all horses (Equus caballus) kept in WA, but do not cover wild, feral or free-ranging horses (i.e. those that do not have an owner or carer).

Yes. The Horse Standards and Guidelines apply to all horses kept in WA.

No. The Horse Standards and Guidelines apply to horses (Equus caballus), not other equid species, such as zebras, donkeys (Equus asinus) or their hybrids. This is because many of the recommended practices for horses are not appropriate for donkeys and vice versa.

The Horse Standards and Guidelines do not specifically cover transporting horses. However, transportation of horses ought to be in accordance with the adopted code of practice, the Australian Animal Welfare Standards and Guidelines for Land Transport of Livestock (Land Transport Standards). This document can be found at: https://www.animalwelfarestandards.net.au/land-transport 

The suitability of the Land Transport Standards for horses is being reviewed. Consultation, led by Queensland’s Department of Agriculture and Fisheries, is being undertaken. To find out more about this project, visit: https://daf.engagementhub.com.au/horse-land-transport 

The Horse Standards and Guidelines has been drafted to comply with all relevant legislation, including laws regarding veterinary procedures. 

The Veterinary Practice Act 2021 (VPA) came into effect in June 2022. The VPA repealed the existing Veterinary Surgeons Act 1960 (VSA) and the Veterinary Surgeons’ Regulations 1979. The first tranche of the Veterinary Practice Regulations 2022 contains essential provisions required to support the effective operation of the VPA. A second tranche of the Veterinary Practice Regulations is now being developed, implementing modern practice and supporting operational requirements of the veterinary industry and their clients. 

DPIRD has recently undertaken consultation on tranche 2 of the Veterinary Practice Regulations, including which procedures should be considered for inclusion as ‘acts of veterinary medicine’. More information on this consultation can be found at: https://yoursay.dpird.wa.gov.au/vet-practice-regulations-tranche2 

The Horse Standards and Guidelines have been drafted to comply with the VPA and existing Veterinary Practice Regulations. When new Regulations are introduced, the Horse Standards and Guidelines will be amended if necessary. This is particularly relevant for requirements for equine dentistry and assisted reproductive procedures.

As defined in the document, an ‘authorised person’ means a person who is authorised under the Veterinary Practice Act 2021 to perform specified acts of veterinary medicine under veterinary supervision. This is relevant for requirements for equine dentistry and assisted reproductive procedures.

As defined in the document, an ‘assisted reproductive procedure’ means ova or embryo transplants, artificial insemination by surgical method, uterine swabbing, examination for pregnancy by rectal palpation or rectal probe, ovarian examination per rectum, and insertion of an intravaginal catheter. 

This is generally consistent with the Veterinary Practice Act 2021 and associated regulations. However, these provisions may be amended to be consistent with new Veterinary Practice Regulations once they are drafted and in force.

As defined in the document, ‘stereotypic behaviour’ means abnormal behaviour patterns serving no apparent function, that are performed in a repetitive manner. Stereotypic behaviour is often termed a ‘vice’ and includes windsucking, weaving and stall-walking.

Standards cover matters where non-compliance is likely to cause significant welfare problems. However, standards must meet a set of criteria; they must be permissible, reasonable, feasible and clear.

Standards are permissible if they comply with existing legislation. The reasonableness of a standard needs to take into account circumstances where non-compliance may be acceptable, and whether the standard is supported by scientific evidence or is consistent with existing policy in other jurisdictions. Feasible standards are those that can be implemented, taking into practical issues and costs. Lastly, standards must be clear, written in plain English and avoid ambiguity. 

The public consultation on the Horse Standards and Guidelines closes at 4pm AWST on Monday 19 December 2022.

Following the closing date, DPIRD will consider feedback and amend the Horse Standards and Guidelines as appropriate. Once finalised, the Horse Standards and Guidelines will be published on DPIRD’s website.

A consultation report that summarises the responses to the online survey and key themes raised in feedback will be developed and published on this consultation page. 

DPIRD will continue to provide updates to the horse community and survey participants as the project progresses. To stay informed about this process, please continue to visit this consultation page or register your interest by emailing animal.welfare@dpird.wa.gov.au.