Drivers Who Hit Animals in NSW Must Stop and Help, But Law is Largely Ignored
A little-known provision in the Prevention of Cruelty to Animals Act (POCTA) in New South Wales requires drivers who injure an animal with their vehicle to stop—when safe—and take reasonable steps to alleviate its suffering. The penalty for failing to do so is a $5,500 fine or six months imprisonment.
The Offence
- Part 2, Section 14(a) of POCTA governs the requirement.
- Drivers must stop and call for help from rescuers or police.
Despite the serious penalty, the rule is rarely enforced. Wildlife rescue organizations report that the law is largely unknown to drivers. According to BOSCAR data, only four finalised charges were recorded in the decade to December 2025. Of those, only two resulted in proven charges; one was dismissed, and one was withdrawn.
"Only two proven charges in 10 years, one dismissal, one withdrawn."
Calls for Change
Wildlife rescuer Leanne Taylor, CEO of WIRES, has called for the rule to be added to the NSW driver's licence theory test to increase awareness and reduce animal suffering.
The Reality on the Ground
WIRES volunteer MJ Skulander reported attending to a kangaroo struck by a vehicle almost daily in northwest Sydney. In the New England town of Armidale, WIRES attended 40 unreported struck native animals in just two months to June 3. The tally included:
- 21 eastern grey kangaroos
- 16 wallabies
- 2 echidnas
- 1 brushtail possum
Matt Godwin, head of WIRES emergency response ambulances, noted the volume of unreported incidents significantly impacts rescuer mental health.