1.1 Name of the Code This Code is to be known as the NSW Greyhound Welfare Code of Practice.

1.2 Objectives of the Code The objectives of this Code are to protect the welfare and promote the wellbeing of greyhounds kept by greyhound racing industry participants in NSW and to provide a clear set of standards that are recognised and accepted by the industry and its participants.

1.3 Purpose of the Code This Code is made under section 36 of the Greyhound Racing Act 2017 (“the Act”). Each Part of the Code is structured to provide an objective specifying the intended greyhound welfare outcomes the Part seeks to achieve, and a series of enforceable standards. These standards are designed to provide certainty and clarity for participants and the Commission in regard to the requirements of industry participants as part of the regulation of the greyhound industry. Other standards which relate to operation of the greyhound industry are stipulated in the Greyhound Racing Rules and policies of the Commission. This Code is to be read in conjunction with those Rules. Section 38 of the Act provides that in the event of any inconsistency between this Code and the Greyhound Racing Rules, this Code prevails. The standards in this Code are intended to promote the welfare of greyhounds and are consistent with the objects of the Prevention of Cruelty to Animals Act 1979 (POCTA). The standards in this Code have also been developed with reference to the five domains of animal welfare, which provide a recognised framework for assessing an animal’s wellbeing.

1.4 Application of the Code This Code applies to all participants in the NSW greyhound industry and greyhounds kept by them, regardless of whether or not the greyhound is being kept for the purpose of racing. This includes greyhounds that are being kept or have been retained by participants as a breeding dog or pet. However, as not all clauses within the code apply to retired greyhounds that are retained by participants as pets, those standards within the Code that do apply to retired greyhounds are identified with an (R). The Code does not apply to greyhounds kept by people who are not participants of the greyhound racing industry. For example, if a registered greyhound is retired and rehomed with a new owner who is not a greyhound racing industry participant, it does not need to be registered with the Greyhound Welfare & Integrity Commission (the Commission). Such greyhounds are subject to the requirements of the Companion Animals Act 1998, unless exempt from the provisions of that legislation.

1.5 Commencement of the Code This Code will commence on 1 January 2021.

1.6 Enforcement of the Code Persons appointed as Inspectors under the Act will enforce the Standards contained in the Code on behalf of the Commission.

1.6.1 Minimum space requirements for greyhound housing areas (5.9) Excluding circumstances set out by clause 1.6.2, all existing greyhound housing areas will be deemed to comply with standard 5.9 until 31 December 2030. The construction of any new greyhound housing areas, following the commencement of this Code, will need to comply with Standard 5.9.

1.6.2 Inadequate greyhound housing area The deeming provision set out in clause 1.6.1 will not apply in circumstances where the Commission determines that greyhound housing areas represent a significant welfare or safety risk to greyhounds. A decision to invoke this clause by the Commission will made by the Chief Executive Officer and at least one Commissioner.

1.6.3 Extension of deeming provision Prior to the expiry of the period set out within clause 1.6.1, participants who have demonstrated a commitment to high welfare standards and: a) intend to leave the industry within the following five years; or b) have made investment in greyhound housing areas after 1 January 2017 that continue to represent quality housing amenity, will be able to apply to the Commission for an extension of the deeming provision set out in 1.6.1 for a further period of up to five years. Applications for an extension of the deeming provision beyond 31 December 2035 will not be permitted. All greyhound housing areas will need to be compliant with standard 5.9 from 1 January 2036.

1.6.4 Appeal of Commission Decisions Any decision by the Commission under clauses 1.6.2 or 1.6.3 may be appealed to the NSW Racing Appeals Tribunal.

1.7 Breaches of the Code In circumstances where a participant is found to be in breach of a Standard or Standards within the code, the Commission may take disciplinary action as provided for in section 58 of the Act. Section 59 details the forms of disciplinary action the Commission may take, which includes disciplinary action under the Rules of Racing, such as imposing a fine or disqualification of a participant. Section 96 of the Act also allows for the Commission to issue a Penalty Infringement Notice (PIN) for a breach of the Act, which includes the offence provisions specified within this Code. The action the Commission takes against a participant in response to a breach of a Standard or Standards in this Code will be determined in accordance with the Commission’s Compliance & Enforcement Explanatory Guide, which allows for graded responses according to the nature and seriousness of the breach.

1.8 Offence provisions Section 39 of the Act provides for certain provisions of the Code to be identified as offence provisions. Only standards 9.4 and 9.5 of this Code, relating to euthanasia of greyhounds, are identified as “offence provisions” for the purposes of section 39 of the Act. Section 39 provides an additional mechanism through which these Standards may be enforced, as the Commission may elect to issue a Penalty Infringement Notice or prosecute a person who contravenes one or more of the Standards identified as offence provisions.

1.9 Definitions Terms used in the Code are included in the Definitions section at the end of this document. Defined terms appear in bold when they first appear in the Standards.