LEGAL STUDIES UNIT 3
Oscar’s Law: a case study in
changing the law
This case study focuses on the action taken by individuals and groups to
influence parliament to change the laws on puppy farming and why change
in these laws is needed. It also looks at how social media as well as more
traditional methods have been used to influence legislative change.
Who is Oscar?
Animal welfare activist, Debra Tranter, has been calling for a change in the laws on puppy farming
since 1993. In January 2010 she rescued a dog, called Oscar, from a puppy farm in central Victoria.
Oscar was malnourished, had an ear infection, rotten teeth and inflamed gums. He needed immediate
vet care. Despite informing authorities about the condition of other dogs at the puppy farm, the police
raided Debra Tranter’s home and removed Oscar. She was charged with theft and fined $1500. Oscar
was returned to the owners of the puppy farm.
Appalled that Oscar was returned to the puppy farm, Debra Tranter founded ‘Oscar’s Law’. Oscar’s
Law is a campaign for stronger regulation of puppy farms. Oscar became the public face of the
campaign.
In June 2011 Debra was able to purchase Oscar when the puppy farm was selling old breeding stock.
What is puppy farming?
Puppy farming is the indiscriminate breeding of dogs on a large scale for the purposes of sale.
Although there are reputable dog breeders who place a priority on animal welfare, there are also less
reputable breeders who place an emphasis on profit. With a focus on maximising production, less
reputable puppy farms intensively breed dogs by permanently confining them in conditions that may
fail to meet the psychological, behavourial, social or physiological needs of the animals. As a result,
many of these dogs have a poor quality of life.
Most puppy farms lack any structured facility plan or design and operate on an ad-hoc basis and
some house dogs in dirty, unhygienic conditions. Even many of those that are relatively clean and
have purpose-built facilities house dogs in barren cages and breed from them continually, failing to
meet acceptable animal welfare standards.
Permanent confinement where animals eat, sleep, toilet, give birth and care for pups in the same
small area causes suffering, infection and disease, psychological distress and socialisation problems.
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Published February 2012
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LEGAL STUDIES UNIT 3
In the following description, the RSPCA notes the significant differences between a breeder and a
puppy farmer:
‘Puppy farms are usually difficult to locate, with operators tending to hide their activities from the
general public and the authorities in isolated or remote areas. They usually do not allow prospective
puppy buyers on-site and this is reflected in the way they sell their animals.
One major distinguishing feature of puppy farms is who the breeders will sell to. Puppy farmers will
sell to anyone, wholesale and retail, and by any means, on-line, through pet shops, via newspapers
and car boot sales or by using a false house as a “shop front”.
In contrast, responsible breeders do not allow their pups to be sold without assessing the suitability of
any prospective buyer as the puppy’s new owner. Responsible breeders also have well-established
codes of ethics and provide very high standards of care for their animals.’
Source: RSPCA Australia Puppy Farm Discussion Paper, January 2010, page 2,
http://www.rspca.org.au/assets/files/Campaigns/RSPCAPuppyFarmDiscussionPaperJan2010.pdf
Despite concerns, many puppy farms are licensed to operate under council permits. The practice of
puppy farming raises a number of animal welfare issues.
The RSPCA identifies a number of welfare issues commonly associated with puppy farms. These
include:
overcrowding
poor sanitation
insufficient food and water resulting in malnutrition and dehydration
indiscriminate breeding
lack of veterinary care
limited socialisation.
New laws on puppy farming passed
Under the provisions of the Domestic Animals Act 1994 any person who runs a business for profit
(whether the business makes a profit is irrelevant) that breeds dogs and/or cats must register their
premises as a domestic animal business with their local council before they can operate.
In 2011 the Victorian Parliament passed amendments to the Domestic Animals Act to control puppyfarming practices. These amendments included:
an increase in maximum penalties for puppy farms operating illegally, from $1195 to $20 000
penalties of up to $30 000 for rogue operators that breach a Code of Practice1
a ban on owning animals, of up to 10 years, for those found guilty of operating unregistered puppy
farms or breaching a Code of Practice
the introduction of a new offence for breeding establishments that fail to provide a microchip
number (or council domestic animal business registration number) in an advertisement for a
dog or cat
the potential seizure of profits, assets and property of illegal puppy farm operators.
Under the revised legislation, the RSPCA will have new policing and confiscation powers so that they
can enter puppy farm premises and inspect animals to ensure that breeders are complying with the
law. The government has also committed to establishing a $1.6 million Animal Welfare Fund to assist
organisations that provide care and treatment for these abused animals.
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LEGAL STUDIES UNIT 3
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LEGAL STUDIES UNIT 3
Under new legislation the RSPCA will have
new policing and confiscation powers so that
they can enter puppy farm premises and
inspect animals to ensure that breeders are
complying with the law.
Note
1
Dog and/or cat breeding establishment proprietors must operate in accordance with the mandatory Code of
Practice for the Operation of Breeding and Rearing Establishments, established by the Victorian Government
for the purpose of providing minimum standards of accommodation, management and care that are
considered appropriate to the welfare, physical and behavioural needs of the animals housed at these
establishments.
Questions and tasks
How did individuals and groups influence a change in the law?
1 Refer to the following website and video clip to find out more about puppy farming. Why did
individuals and groups believe that the laws regulating this industry needed to change?
http://www.oscarslaw.org/about.php
http://www.youtube.com/watch?v=ewftkfVef-o&feature=player_embedded
2 Copy the table below. Using the Web resources below, identify the different ways that the
media has been used to influence a change in the law. How would these methods influence a
change in the law?
Media used
VCTA © Jules Aldous
How would this method influence a change in the law?
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LEGAL STUDIES UNIT 3
References
http://www.oscarslaw.org/act-now.php
http://www.oscarslaw.org/media.php
http://www.bestadsontv.com/ad/41356/Oscars-Law-Break-the-puppy-trade
http://www.facebook.com/pages/Oscars-Law/135173789844136
http://blog.thebodyshop.com.au/2011/09/i-want-oscars-law.html
3 The following extract from Hansard records the tabling of a petition to change the laws on
puppy farming.
ASSEMBLY
Wednesday, 26 October 2011
Puppy farms: abolition
To the Legislative Assembly of Victoria:
The petition of the residents of Victoria brings to the attention of the house the hidden industry
behind the pet shop window.
Puppy factories farm puppies and sell them to pet shops and trade them online. The dogs are
often kept in cramped, filthy conditions for their entire lives and their behavioural needs are
never met. The dogs not only suffer physically but are also psychologically traumatised due to
confinement and constant breeding; when they are no longer able to breed they are killed and
replaced.
The petitioners therefore request that the Legislative Assembly of Victoria support Oscar's law
and abolish puppy factories and ban the sale of factory-farmed companion animals from pet
shops and online.
By Mr WAKELING (Ferntree Gully) (47 signatures).
(Source: Parliamentary debates (Hansard) Legislative Assembly, Fifty-seventh Parliament)
As stated in the above petition to stop puppy
farming, dogs used for breeding are often
kept in filthy conditions for their entire lives
and their behavioural needs are never met.
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LEGAL STUDIES UNIT 3
a. What is a petition?
b. How can a petition influence parliament to change the law?
c. What factors may limit the effectiveness of a petition to influence a change in the law?
4 Individuals and groups can also use demonstrations to influence a change in the law.
Demonstrations can take a variety of forms.
a. Copy the table below. Using the Web resources below, identify the different types of
demonstrations that have been held to influence a change in the laws on puppy farming.
How could these actions influence a change in the law?
Type of demonstration
How would this influence a change in the law?
References
http://www.yapwear.com.au/15-oscar-s-law-bandana.html - Oscar’s law bandanas
http://www.youtube.com/watch?v=QZISwuKEnN8&feature=related
http://www.rspcavic.org/events/oscars-law-puppy-factory-awareness-rally
http://ataac.org/content/view/180/23
http://www.theage.com.au/victoria/its-a-putsch-for-pooches-as-thousands-of-protesters-laydown-the-law-for-oscar-20110918-1kg3z.html
http://dogshome.com/oscars-law-rally-2011
b. Under what circumstances do you think that a demonstration would fail to influence a
change in the law?
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