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In short:
Independent MP David O’Byrne is proposing a change to Tasmania’s family violence laws to include harming, or threatening to harm, animals as a form of family violence.
Support services say instances of threats to harm pets are “incredibly common” in abusive relationships.
What’s next?
Mr O’Byrne plans to table his proposal in state parliament this week, with the government saying it is willing to “consider” the legislation and let parliament decide.
Harm to animals is not explicitly recognised as a potential form of family violence in Tasmania.
Independent state MP David O’Byrne is hoping to change that.
Mr O’Byrne said he would bring a proposal to the state parliament this week that would make harming or threatening to harm pets a type of family violence.
“Causing injury to an animal, including a pet, can be an incredibly distressing form of emotional abuse or intimidation,” he said.
“It should be defined as family violence.”
He said Tasmania and Western Australia were the only two Australian jurisdictions where this was not already the case in family violence laws.
However, WA does include “causing death or injury to an animal that is the property of the family member” in its restraining order laws.
While harming a pet could be considered emotional abuse or damage caused to property under current laws, Mr O’Byrne said his proposed change would make harm or threats of harm to an animal with the intent to coerce, intimidate or control a spouse or partner, a form of family violence.
He said it would also make it easier for police and courts to act.
The law change was recommended in an Australian Law Reform Commission report in 2010.
“Here we are [in] 2024 and it’s not been done in Tasmania. I can’t explain that. I can’t defend that,” Mr O’Byrne said.
Where to get help:
- In an emergency call Triple Zero (000)
- For non-urgent matters, call Tasmania Police on 131 444
- The Family Violence Response and Referral Line (1800 633 937) offers an information and referral service by which callers are able to access the full range of response, counselling, information and other support services
- 1800 Respect National Helpline on 1800 737 732
- Lifeline on 131 114
- Men’s Referral Service on 1300 766 491
- Mensline on 1300 789 978
- Full Stop Australia on 1800 385 578
Threats to animals ‘incredibly common’ in abusive relationships
Family violence support service Engender Equality sees the impact of using animals in coercive control.
“It’s incredibly common. By far the majority of people who are accessing our service are also concerned about their animals,” Engender Equality chief executive Alina Thomas said.
“People will use whatever mechanism they can to control their partner. Pets are a very effective mechanism. It can be very, very subtle.”
Ms Thomas said it could take various forms, including a pet having rights taken away from it, being exposed to angry outbursts, threats to a pet’s safety or physical harm.
“Actually killing pets is not unheard of,” she said.
Concerns for pets’ safety delays women from leaving violent situations
One in three female pet owners in violent relationships delayed leaving because of concerns for their pet’s welfare, according to RSPCA figures.
Half reported that their partner had hurt or killed one of their pets.
“When somebody is in a crisis and is needing to leave their home, it can be difficult to also be thinking about how they’re going to be accommodating their pets,” Ms Thomas said.
If you have the choice of either leaving and your pet being harmed or staying and your pet being safe, you’re going to stay … And that’s why it’s such an effective way of controlling somebody.”
Government willing to ‘consider’ changes
Premier Jeremy Rockliff said the government welcomed “good ideas coming to the parliament”, and was willing to consider Mr O’Byrne’s proposal.
“We will consider it, and naturally we will get advice, talk to David, and, of course, the parliament will decide.”
Tasmania’s Justice Department said “a specific definition of harming animals” had not previously been considered necessary, “as family violence specifically includes damage to ‘animate or inanimate property’.”
A department spokesperson said Tasmania was a “leading jurisdiction in introducing emotional abuse, threats or intimidation as family violence offences”, which they said included abuse related to pets.
“Tasmania later responded to the Australian Law Reform Commission report by specifically introducing damage to property in the definition of family violence, whether jointly owned property or the victim’s or an affected child’s property.
“Property is defined as ‘animate or inanimate’, to include animals.”
Call for crisis housing to include pets
Ms Thomas said while recognising harm to animals as a form of family violence was a good step, there was a great need for housing and specialist support services.
“We need to be able to have crisis housing responses where animals can be also housed alongside of their owners, and longer-term housing options as well,” she said.
“We need to be able to have access to specialist services and specialist workers who really understand what family violence looks like how it presents, how it impacts on families so that we can be there to be able to support victim-survivors into safer situations.”