Live Baiting of Greyhounds: Queensland Government Acts on Commission of Inquiry

Wednesday 10 June 2015 @ 10.57 a.m. | Crime | Legal Research

Recently, we reported on the reaction to the ABC's Four Corners program exposing the wide extent and cruelty of the practice known as "live baiting" in the Greyhound Racing industry. At that stage, we were commenting on legislation to be introduced by the South Australian Opposition (seeLive Baiting, Greyhounds: The Legal Response to Four Corners Starts). Recently, on 2 June 2015, action has also be taken by the Queensland Government following the final report (delivered 1 June 2015) of the Queensland Greyhound Racing Industry Commission of Inquiry conducted by Commissioner Alan MacSporran QC (the MacSporran Inquiry).

The Report's Findings

One of the most confronting findings of the MacSporran Inquiry was said to be the discrepancies in the number of greyhound pups born as against those registered. Evidence was uncovered that in the period between 2003 and 2013 more than 24,200 greyhound pups were born but only 16,968 were named and registered with Racing Queensland. Effectively more than 7,200 pups, 30 percent of all of these animals, were unaccounted for. Also in the same period, 1,462 greyhounds were registered as retired when the actual number should have been as high as 8,500, leaving the whereabouts of 7,000 greyhounds unexplained.

Disturbingly, the report found the average number of greyhounds dieing shortly after being retired is 76 percent. The report found that in 2013 alone, 74.4 percent of retired animals were reported as euthanased while 6.8 percent were reported as dead, with many of these deaths unable to be explained.

The MacSporran Inquiry's final report contains 15 recommendations which the Queensland Government is considering. These recommendations respond to the fact that the MacSporran Inquiry found that: ". . . the racing industry’s efforts to self-regulate have been a failure".

The MacSporran Inquiry's report shows Racing Queensland has operated in an environment where it could not adequately assess and deal with the risks to integrity and animal welfare and the industry ". . . has dismally failed those animals it relies on for considerable profit".

Queensland Government Removes Existing Administration

As a result of the MacSporran Inquiry, findings the Queensland Premier has indicated by media release (2 June 2015) include that the peak control bodies for the industry - The Queensland All Codes Racing Industry Board, the Queensland Greyhound Racing Board, the Queensland Harness Racing Board and the Queensland Thoroughbred Racing Board - are to be abolished.

"As Mr MacSporran said yesterday, it is clear that Racing Queensland has failed, and that starts with the boards. Today I have directed the minister [for Sport] to abolish all of the boards associated with the racing industry in Queensland—namely, the Queensland All Codes Racing Industry Board, the Queensland Greyhound Racing Board, the Queensland Harness Racing Board and the Queensland Thoroughbred Racing Board."

Further, the Queensland Government reacted to ". . . the report’s raising of significant concerns around the performance of the current CEO of Racing Queensland, Mr Darren Condon . . ." the Premier indicating he would be approached to show cause why he should not be removed from office with an interim administrator to be seconded to Racing Queensland to ensure that day-to-day operations of racing are not placed in jeopardy whilst this process occurs.

The Premier in her media release indicated that the Government's intent was starting with "a clean slate" and that part of that would be the appointment of Mr Ian Hall from KPMG to advise on implementation of interim administrative arrangements and to ensure effective ongoing management of Racing Queensland.

Finally, acting on the MacSporran Inquiry findings the Queensland Premier has announced that the Government will adopt:

"One of the most significant recommendations [which] proposes revising the structure of the Queensland Racing Integrity Commission by establishing a new statutory authority to oversee the integrity of the entire racing industry. . . .This new authority would be distinct from Racing Queensland and not be part of the Department of National Parks, Sport and Racing."

Further Action

In her media release, the Queensland Premier also indicated that her government was also actively considering the further recommendations made in Mr MacSporran Inquiry's final report relating to:

current breeding incentive programs;
changes to licensing arrangements for owners and trainers; and
the requirement of verification of greyhound information and thorough records in relation to training and other activities.

In particular, an important recommendation to be examined is ". . . a more accurate, consistent program of monitoring dogs from birth to maturity to ensure that no animal will be able to disappear off the map".

Comment and Reaction

The Conversation points out that new and improved Queensland Racing Integrity Commission while starting with a "clean slate" will also eventually face the same challenges as the recently dismissed boards and administration, namely, the quality, quantity of and funding of personnel.

"Ultimately, the success of this recommendation will depend on the personnel staffing the new QRIC and its ability to secure adequate funding. These challenges are acknowledged by MacSporran and they cannot be understated. . . .Securing adequate funding for the QRIC may not be an issue in the short-term, but what happens when the media attention has moved on? Can we trust that the QRIC will be sufficiently funded even in a tight budget?"

If the same challenges do arise once the media interest fades what prevents reversion to the way things were or as The Conversation puts it:

"Securing adequate funding for the QRIC may not be an issue in the short-term, but what happens when the media attention has moved on? Can we trust that the QRIC will be sufficiently funded even in a tight budget?
. . .History would suggest not. According to the inquiry, the current funding of the Racing Integrity Commissioner’s role on a part-time basis was “inadequate” and “meagre”. How will the QRIC be any different?"

Meanwhile Legislation Introduced in South Australia

As a postcript to our previous report on South Australia (see above), there is currently an Animal Welfare (Live Baiting) Amendment Bill 2015 which has passed through the SA Legislative Council on 12 May 2015 and is now sitting at second reading in the SA Assembly. The Bill addresses the fact that there are no current offences for activities associated with live baiting such as supplying the animals to be the bait, providing the venue, or being present at one of these "so-called training sessions". To change this, the Bill proposes to amend section 14 of the Animal Welfare Act, which currently provides offences for activities associated with organised animal fights, cock fighting and dog fighting, to prohibit certain activities to include organised animal fights as well as live baiting.

The Bill also increases the current penalty from $20,000 or imprisonment for two years - to - a maximum penalty for the new offence for taking part in a prohibited activity to $50,000 or imprisonment for four years.

The current provisions within section 14 of the Animal Welfare Act relating to the paraphernalia required for organised animal fights are to be moved into a new section 14A and expanded to include being in possession of a lure with a live or dead animal or part thereof attached to it. However, animal products are specifically excluded from the prohibition to avoid the unintended consequence of someone using a leather strap to attach a stuffed toy to a lure and therefore using 'part of a carcass'.

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