Protecting Your Children through Divorce

Posted on: 8 January 2015

Tail docking is a cosmetic procedure performed usually when the puppies are merely 2 to 5 days old. This procedure is performed by using a pair of scissors to snip off the tail or by occluding the blood supply to the tail with a tight rubber band, causing the tail to drop off. Dogs that are in the Terrier and Spaniel families tend to have their tails docked for cosmetic reasons. If you are getting a dog and have been wondering whether tail docking is legal or not, this article will point you in the right direction.

What Do Dogs Used Their Tails For?

Understanding the importance of tail function for each dog will help many people better understand why it is best for them to avoid tail docking. Dogs use their tails for:

• communicating. The position of the tail is a social cue, as a fearful dog will instinctively tuck its tail between their legs, while a happy dog will typically wag its tail.
• balancing. The tail helps the dog to better balance and move.
• swimming. The tail is used as a rudder in this situation for steering.
• keeping insects off.
• wafting vital information. There are many different glands that are present in the tail.
• conversing body heat.

Is Tail Docking Legal?

First things first, it is important to determine whether tail docking is legal. Tail docking is not beneficial to the dog's health at all and is extremely painful to the dogs. Many people see it as cruel and inhumane. Different states in Australia follow various legislation, but all states have banned tail docking. For example, effective June 1, 2004, tail docking has been considered as an illegal offence under the Prevention of Cruelty to Animals Act for those residing in New South Wales. It is also made illegal based on the Animal Welfare Act in various other states. The only time when it is okay to dock a dog's tail is when it is in the interest of the dog's welfare, which is only when the tail is damaged either due to an injury or due to a disease. 

In addition, tail docking must be performed by a licensed veterinarian. It is illegal even for an experienced breeder to attempt to perform the tail docking surgery or to hire someone who is not a registered veterinarian surgeon to perform the tail docking. The surgeon must write up a report that contains the following information:

• details of the operation
• name and address of the pet owner
• the date
• a detailed description of the dog, which includes information like microchip ID
• his or her contact details

What Is The Penalty Of This Crime?

Depending on which state that you reside in, and which legislation is violated, the penalties and fees will vary. Standard jail terms and fees are the following:

• a maximum of $22,000 for a natural person and $110,000 for a corporation with a maximum of 2 years jail time for those residing within Australian Capital Territory based on the Animal Welfare Act 1992.
• a maximum of $22,000 for a natural person and $110,000 for a corporation with a maximum of 5 years jail time for those residing within New South Wales based on the Crimes Act 1900 and the Prevention of Cruelty to Animals Act 1979.
• a maximum of $13,700 for a natural person with a maximum of 1 year jail time for those residing within Northern Territory based on the Animal Welfare Act..
• a maximum of $100,000 for a natural person and $500,000 for a corporation with a maximum of 2 years jail time for those residing within Queensland based on the Animal Care and Protection Act 2001.
• a maximum of $50,000 for a natural person with a maximum of 4 years jail time for those residing within South Australia based on the Animal Welfare Act 1985.
• a maximum of $26,000 for a natural person and $130,000 for a corporation with a maximum of 1.5 years jail time for those residing within Tasmania based on the Animal Welfare Act 1993.
• a maximum of $29,313.60 for a natural person and $146,568 for a corporation with a maximum of 2 years jail time for those residing within Victoria based on the Prevention of Cruelty to Animals Act 1986.
• a maximum of $50,000 for a natural person and $250,000 for a corporation with a maximum of 5 years jail time for those residing within Western Australia based on the Animal Welfare Act 2002.

Conclusion

It is not worth docking your dogs tail. Not only is it not beneficial to your dog unless the tail has been severely injured, damaged or diseased, but it is also illegal. For more information, contact an animal lawyer such as those found at Melke Legal.