Queensland legislation on tail docking dogs
Information for veterinary surgeons

This information is provided by the Animal Welfare Unit to veterinarians to assist them to understand their legal responsibilities under the Queensland Animal Care and Protection Act 2001 (the Act) with regard to tail docking dogs.

Effective from Monday 27th October 2003, it isan offence in Queensland to dock the tail of a dog unless:

• the docking is done by a person who is registered as a veterinary surgeon under the Queensland Veterinary Surgeons Act 1936 AND
• the veterinary surgeon reasonably considers the docking is in the interests of the dog's welfare. 

This means that any non-veterinarian who docks a tail is liable for prosecution and any veterinarian who docks other than in the interests of the dog's welfare is liable for prosecution.

The maximum penalty for individuals convicted of this offence is $7,500 or $37,500 for corporations.

1. What situations are likely to be regarded as "in the interests of the dog's welfare"?
   
   If a case comes to court, the decision on whether or not an offence has been committed will be decided by a magistrate.
   
   Animal welfare inspectors who respond to complaints made about alleged offences, will generally regard as justified in terms of the dog's welfare, situations in which tails are docked by veterinarians in response to damage, disease or other abnormality and are considered by the veterinarian as likely to cause the dog continuing pain or behavioural problems or be a risk to the dog's health.

2. What situations are not likely to be regarded as "in the interests of the dog's welfare"?
   
   If a case comes to court, the decision on whether or not an offence has been committed will be decided by a magistrate.
   
   Veterinarians should be aware that the intention of the legislation is to ban tail docking which is done for "routine", "prophylactic" or "cosmetic" purposes, as is traditional with many dog breeds.  Only therapeutic tail docking is justifiable.
   
   It is generally considered inappropriate to dock a healthy tail on the basis of a possible future event.
   
   Therefore, although each case will be considered on its merits, animal welfare inspectors would normally investigate any docking of a healthy tail with a view to potential prosecution.

3. Is there an exemption to this legislation for puppies less than a certain age?
   
   No.

4. If a veterinarian does tail dock a dog, what records should be kept?
   
   The Animal Care and Protection Act 2001 does not require veterinarians to keep any records about the docking of dogs' tails.
   
   However in their own interests so as to be able to respond to any complaints, in addition to the records required by the Veterinary Surgeons Regulation 2002 for each animal treated by a veterinarian, individual records should be kept of any tail docking  performed by veterinarians on dogs in Queensland from 27 October 2003.  They should specifically record why the docking was considered to be in the interests of the welfare of each individual dog whose tail was docked by them.
   
   An inspector who reasonably suspects that the Act has been contravened has the power to require information about that contravention and this could include veterinarian's records about tail docking dogs.

5. Which section of the Act deals with tail docking dogs?
   
   Section 24.  This section is under the Regulated Surgical Procedures part of the Chapter on General Animal Offences.
   
   The Act is accessible via the Queensland Parliamentary web site http://www.legislation.qld.gov.au/LEGISLTN/CURRENT/A/AnimalCaPrA01_01C_030701.pdf.
   
   Section 24 refers to a regulation allowing non-veterinarians to tail dock and a regulation about the way veterinarians should tail dock.  Neither such regulation has been drafted and there is no intention to do so.  Provisions for these regulations were made when the Bill was drafted initially and before a national agreement was in place.  In the absence of these regulations the only situations in which dogs' tails can be docked without committing an offence are as in Section 24 (2)(b), namely:

• the docking is done by a veterinarian, AND
• the veterinarian reasonably considers the docking is in the interests of the dog's welfare.

6. Has the ban been implemented Australia wide?
   
   Yes. 
   
   Each state and territory has its own animal welfare laws and each one therefore has its own ban.
   
   The key elements of the ban are that non-therapeutic tail docking of dogs is prohibited and therapeutic tail docking is able to be carried out only by a veterinarian.

7. What should veterinarians do if docked puppies are presented for treatment, e.g. for vaccinations?
   
   Veterinarians are not under any legal obligation to report possible illegal tail docking.  However veterinarians who wish to report suspected illegal tail docking in Queensland should call DPI&F on 13 25 23 or RSPCA Queensland Inc on 1800 812 188.

9. If a breeder or owner asks their veterinarian if there are circumstances in which they can continue to practise routine tail docking in Queensland, what should the veterinarian say?
   
   There are no such circumstances.
   
   Refer the breeder to the website www.dpi.qld.gov.au/animalwelfare or to the DPI&F Business Information Centre on 13 25 23 for further information.

10. Can breeders or owners show dogs with entire tails?
    
    Yes.  A docked tail is not a mandatory requirement of any breed standard recognized by the Australian National Kennel Council.

11. Where can veterinarians get more information on the scientific literature and arguments about animal welfare and tail docking of dogs?
    
    There is a very recent review - BENNETT P.C. and PERINI E. 2003 Tail Docking in Dogs:  A review of the issues.  Australian Veterinary Journal 81 (4) 208-218.

12. From an animal welfare perspective, why has the Queensland government banned routine tail docking of dogs?
    
    One of the objectives of the Act is to protect animals from unjustifiable, unnecessary or unreasonable pain, distress or suffering, in other words, cruelty.  Although it is never possible to assess the level of pain an animal is experiencing, the evidence available suggests strongly that tail docking may be associated with both acute and chronic pain.
    
    The only circumstance in which potentially causing dogs such pain can be regarded as justified, necessary and reasonable, is if the tail docking is in the interests of the dog's welfare.  To allow tail docking to continue under any other circumstances would be condoning potential cruelty.
    
    The ban is in place because of the combination of:

• the weight of scientific opinion about the negative effects of tail docking on dog welfare,
• changing community expectations about unnecessary surgical procedures on animals, and
• the agreement of all Australian states and territories to the ban.

Need more information?

DPI&F Web site:  www.dpi.qld.gov.au/animalwelfare
Veterinary Surgeons Board web site: www.vsb.qld.gov.au
DPI&F Business Information Centre:  13 25 23

Disclaimer:  This information is provided as general advice only.  The Animal Welfare Unit, Queensland Government, has taken all reasonable steps to ensure the accuracy of the information contained at the time of publication.  This information is reviewed annually.

Last updated 06 October 2005