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Clause 16d Exemptions

2 posts in this topic


Reading a contraversial thread here has once again brought home the fact that there is a lot of confusion and an alarming lack of knowledge on the 16D exemption by rescuers and their representatives.

All professional organisation should know what policies, regulations, laws and by-laws they are operating under.

  • The clause is applicable to the NSW Companion Animals Regulation 2008 only. It does not apply to anyone rescuing dogs in other states.

  • Clarification should be sought from the NSW Department of Local Government for rescuers from interstate who seek to rescue dogs from NSW pounds.

  • Anyone can apply for this exemption clause. The clause simply allows an organisation and its representatives to hold a dog in their care without registering the dog. An organisation does not have to be a 'registered entity' and private rescues can apply.

  • The dog must be microchipped.

  • The dog must be registered prior to the animal leaving the custody of the organisation.

  • Any dog held longer than 12 months with an organisation, and not re-housed in that time, must be registered regardless of a clause exemption being held.

  • Organisations granted an exemption must keep records of ALL animals released under the clause. At a minimum, the following information is to be kept by the organisation:

*Date that animal arrives in the organisation’s care

*Place from which the animal was sourced (eg council pound, surrendering owner, another organisation)

*If applicable, a signed statement from the owner of an animal that is being surrendered and the signed transfer of ownership papers (if the animal is microchipped) or confirmation that this paperwork has been appropriately processed

*Identification information of that animal (microchip number)

*Name and address of carer/s

*Date that animal leaves the organisation’s care

*Outcome (eg re-housed, escaped care, euthanased)

  • This recorded information must be forwarded to the NSW Department of Local Government before July 31st every year of the clause being held.

  • Organisations can not 'lend' their exemption to other rescuers unless the dog is being temporarily cared for on behalf of the organisation. Therefore, you can not have another rescuer use your exemption unless they are under YOUR direction and YOU keep the records of the animal.

  • Organisations granted the exemption must notify the Department of Local Government in writing within fourteen (14) days of any changes to the information provided in the application. The application asks for details of all carers, therefore if you have a new carer on board, you must notify them.

  • Any organisation not abiding by the guidelines of the exemption can have their exemption revoked and they sign a declaration when applying for the exemption that CLEARLY outlines their responsibilites, including that ALL CARERS clearly understand their responsibilites in reference to the clause and the Companion Animals Regulation.

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