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Harming or threatening pets will be a domestic violence offence under Tasmanian independent MPs

Posted on by darion

In short:

Independent MP David O’Byrne is proposing to change Tasmania’s domestic violence law to make harming or threatening animals a form of domestic violence.

Support services say threats to harm pets are “extremely common” in abusive relationships.

What’s next?

Mr O’Byrne plans to introduce his bill to state parliament this week and the government has already said it is willing to “consider” the bill and let parliament make a decision.

Animal abuse is not explicitly recognised as a potential form of domestic violence in Tasmania.

Independent MP David O’Byrne hopes to change that.

Mr O’Byrne said he would introduce a bill to state parliament this week that would make harming or threatening to harm pets a form of domestic violence.

“Harm to an animal, including a pet, can be an extremely painful form of psychological abuse or intimidation,” he said.

“This should be defined as domestic violence.”

He added that Tasmania and Western Australia are the only two jurisdictions in Australia where this is not yet the case.

Young woman surrounded by animals

Mr O’Byrne says his proposal would make it easier for police and courts to take action when animals are used for coercive control.(Unsplash: Chewy)

While harming a pet can be considered physical or property abuse under current legislation, Mr O’Byrne said his proposed change would make harming or threatening to harm an animal with the intent to coerce, intimidate or control a spouse or partner a form of domestic violence.

He added that it would also make it easier for the police and courts to work.

The law change was recommended in a 2010 report by the Australian Law Reform Commission.

“It’s 2024 and it hasn’t been done in Tasmania. I can’t explain it. I can’t defend it,” Mr O’Byrne said.

Animal threats ‘extremely common’ in abusive relationships

Engender Equality domestic violence support service recognises the impact of using animals as a method of coercion.

“It’s incredibly common. The vast majority of people who use our services are also concerned about their pets,” said Engender Equality CEO Alina Thomas.

“People will use any mechanism they can to control their partner. Pets are a very effective mechanism. It can be very, very subtle.”

Ms Thomas said this could take a number of forms, including depriving the animal of its rights, subjecting it to tantrums, threatening its safety or causing it physical harm.

“Killing pets is not uncommon,” she said.

A woman is standing in the garden

Alina Thomas says abusers can use pets to control their partners in a variety of ways.(ABC News: Jess Moran)

Concerns about pet safety prevent women from leaving abusive situations

According to the RSPCA, one in three pet owners in an abusive relationship delayed leaving because they feared for their pet’s welfare.

Half of those surveyed reported that their partner had injured or killed one of their pets.

“When someone is in crisis and has to leave their home, it’s hard to also think about how to provide accommodation for their pets,” Ms Thomas said.

If you have a choice to walk away and hurt your pet, or stay and keep them safe, you will stay… and that is why it is such an effective way to control someone.

The government is willing to “consider” changes

Taoiseach Jeremy Rockliff said the Government welcomed “good ideas coming to Parliament” and was willing to consider Mr O’Byrne’s proposal.

“We will consider it and of course we will seek advice, we will talk to David and of course parliament will make a decision.”

The Tasmanian Department of Justice said a “specific definition of animal abuse” had not previously been considered necessary “as domestic violence specifically includes damage to ‘animal or inanimate property'”.

A light brown golden retriever sits in the grass with his tongue hanging out.

Under current Tasmanian law, harming a pet can be considered physical abuse or criminal damage to property.(Pexels: Stefan Stefancik)

A department spokesman said Tasmania was the “leading jurisdiction in recognising psychological abuse, threats or intimidation as domestic violence offences”, which also includes cruelty to pets.

“Tasmania later responded to the Australian Law Reform Commission report by expressly including damage to property in the definition of family violence, whether that property is jointly owned or the property of the victim or injured child.

“Property is defined as “animate or inanimate,” including animals.”

Appeal to provide emergency housing for pets

Ms Thomas said that while recognising animal abuse as a form of domestic violence was a positive step, there was a significant need for housing and specialist support services.

“We need to be able to respond to housing crises where animals can stay with their owners and provide long-term accommodation for them,” she said.

“We need to have access to specialist services and workers who really understand what domestic violence looks like, how it manifests itself, how it affects families, so that we can be there to support victim-survivors in safer situations.”