We are all advocates: protecting horse welfare
In the same way that lawyers are trusted with the privilege of advocating for our clients, anyone who works with horses has a duty to act in their best interests at all times. As athletes, trainers, riders and owners, we have the responsibility to ensure the well-being of our horses as we are ultimately speaking on their behalf. Our duty of care to horses is both a moral and legal obligation – a reflection of dedication, respect and love for the animals that enrich our lives.
The law relating to caring for a horse
In Australia, all states and territories have legislation to prevent cruelty to animals and to safeguard their welfare.[1] These laws not only prohibit acts of cruelty but also impose positive obligations of care on anyone who has custody or control of animals. This duty of care will generally include the obligation to provide adequate food, water and suitable living conditions, to allow the animal to display normal patterns of behaviour, treat disease or injury and ensure that any handling of the horse is appropriate. In most jurisdictions, it is also specifically prohibited to drive or ride a horse that isn’t fit to be driven or ridden, to over-work a horse, or to use spurs with fixed or sharpened rowels. It is an offence to be cruel to animals, or to breach the duty of care.
Violations of animal welfare laws can result in serious penalties. Investigations and prosecutions are often carried out by the RSPCA. Courts may impose fines, imprisonment, or both for those found guilty of animal cruelty. Furthermore, an owner convicted of such offences may be disqualified from having custody of animals in the future.
What to do if you see a neglected horse
As horse lovers, it can be very distressing to witness animal cruelty or suffering. If you have concerns regarding the welfare of a horse, you should contact the relevant enforcement agency:
RSPCA: reports can be made online or by phone. To investigate a complaint, RSPCA Inspectors require reasonable grounds to suspect that an animal cruelty offence has been committed, so it is essential to provide contact details and as much information as possible.
State or territory agriculture department: departments dedicated to agriculture may receive cruelty complaints regarding commercial livestock.
Police: if a horse is in imminent danger of death or harm and immediate action is required, contact the police as soon as possible on 000. The police will be able to dispatch officers quickly. Always phone the police if there has been a road accident involving horses.
There are also some things to keep in mind regarding what you should not do:
do not trespass onto private properties to take photographs. Always observe from a public space.
do not remove or seize the horse without the owner’s consent.
do not provide medical treatment to the horse without the owner’s consent.
do not feed a horse that isn’t yours without permission. Not only could this result in legal issues, but the horse may also have specific dietary needs or health issues that you aren’t aware of. Feeding an emaciated horse may also be harmful if not done correctly and without veterinary guidance.
avoid jumping to conclusions. The owner may already be addressing concerns such as weight issues with a veterinarian and rehabilitating the horse.
avoid posting on social media. Do not make statements or posts online that could be considered defamatory.
What to do if you are struggling to care for your horse
Sometimes, a change in circumstances may mean that you can no longer care for your horse. There is nothing shameful in exploring the variety of humane options available – in fact, it is your duty to! It may be in the best interests of your horse to do one of the following:
Sell or lease your horse to a carefully selected and suitable home.
Contact your horse’s breeder or previous owners.
Relinquish your horse to a reputable horse rescue/sanctuary or the RSPCA.
Consider humane euthanasia. This may be in the best interest of the horse – seek advice from your veterinarian.
Conclusion
Caring for horses is a serious commitment. When making any decision, and in everything that we do, the guiding principle should always be “pro-horse”. To truly be their best advocate, we can better understand their behaviour and safeguard their wellbeing by learning more about our horses through regularly reviewing scientific studies and consulting experts. If you encounter a neglected horse, taking the appropriate steps to report your concerns can make a significant difference. Together, we can ensure that our equine companions are safe and treated with the care that they all deserve.
[1] Animal Welfare Act 1992 (ACT), Animal Welfare Act 1999 (NT), Prevention of Cruelty to Animals Act 1979 (NSW), Animal Care and Protection Act 2001 (QLD), Animal Welfare Act 1985 (SA), Animal Welfare Act 1993 (Tas), Prevention of Cruelty to Animals Act 1986 (Vic), Animal Welfare Act 2002 (WA).
*Information is general and not legal advice.
This article first appeared in Hoofbeats magazine Vol 46 No 3 October/November 2024 edition.
