Codes of practice and animal welfare legislation

National Consultative Committee on Animal Welfare (NCCAW) Position Statement

Codes of Practice

Codes of practice for the welfare of animals have an important role to play in ensuring that the community's expectations regarding the proper use of animals are met.

NCCAW considers, however, that the current codes of practice for the welfare of animals do not fully meet community expectations. There is some danger that if this is not corrected the credibility of codes of practice in the area of animal welfare could be irreparably harmed.

The current codes of practice do not meet community expectations beause of:

• the variety of codes of practice available (eg the National Model Codes, state and territory codes and industry codes)
  
  
• the variable status of codes of practice
  
  
• the variable manner by which codes of practice are developed
  
  
• the problems with writing style, layout, readability and ease of finding information (especially in codes which cover the requirements for multiple species)
  
  
• the lack of promotion, availability and distribution
  
  
• the lack of joint 'ownership' of a code by relevant animal industries and the community. NCCAW recognises that a code must have the full support and commitment of the relevant industry otherwise it will not be properly implemented and will not achieve its full purpose.
  

NCCAW's Position

NCCAW considers that where animal husbandry practices are considered to be unacceptable (‘acts of omission towards animals’), these need to be better defined in some clauses, and incorporated into the Prevention of Cruetly to Animals (POCTA) Act.

NCCAW considers that better administration is required for some of the Regulations (Statutory Rules) attached to the POCTA Acts. It also considers that industry and community agreement should be sought before codes of practice are partly or fully regulated. This would be similar to the agreement that was sought during the implementation of Code of Practice for the Care and Use of Animals in Experimentation.

Guidelines are considered to have a useful role as position papers to float new concepts in animal welfare that are not yet covered by a POCTA Act or a Code of Practice.

NCCAW supports the concept of Animal Care Statements. The role of an Animal Care Statement is to introduce an element of self regulation in the way in which a code of practice is implemented in a defined animal unit (such as an abattoir or feedlot). It also considers that such statements could be made to work effectively in certain intensive farming operations, but to be effective the community would demand auditing and accountability.

There are several ways, other than legislation, to enforce compliance with codes; for example, by making compliance a requirement for registration or accreditation.

NCCAW considers that:

• A properly developed code of practice for the welfare of animals, that has demonstrated support from the relevant animal industry and the community, has an important role in ensuring the proper care and use of animals.
  
  
• The development of new codes of practice, and the regular revision of existing codes, should be encouraged.
  
  
• National Model Codes of Practice set a necessary benchmark for the development of local codes. Australian national codes must attempt to cover a variety of geographical and climatic conditions and local animal husbandry practices so they are limited in their ability to set husbandry standards. Proper attention must be given to the method by which the relevant animal industry and the community are consulted early in the development of a model code. Attention must also be given to the style of writing, layout and readability of the code and its easy retrieval. The Primary Industries Standing Committee (PISC) should be encouraged to identify the need for, and develop, new model codes of practice and to regularly review existing codes.
  
  
• State and territory governments should develop local codes based on model national codes but should reflect local geographical and climatic conditions, animal husbandry practices and relevant animal industry and community expectations. The manner by which these codes are developed should be the same as the national model codes. Proper attention should be given to the preparation, availability and distribution of these codes and should be a joint exercise of industry and Government.
  
  
• Where appropriate, State and Territory Government codes of practice should be given legal recognition via the POCTA Acts and other animal welfare legislation.
  
  
• To avoid confusion within industry and the community, all codes of animal welfare practice other than National Model Codes and state and territory codes should be abandoned; however, this should not preclude new codes and guidelines being initiated by, and developed through, relevant industries.
  
  
• PISC and industry should be encouraged to develop the concept of Animal Care Statements within the intensive pig, poultry and feedlot industries.
  
  
• When revising its POCTA Act, each state and territory should:
  
  
  • better define those clauses of the Act dealing with acts of omission towards animals and to incorporate within the Act those husbandry practices considered unacceptable, and
    
    
  • encourage a shift in philosophy of POCTA towards protection of animals rather than just prevention of cruelty.
    
    
• The Commonwealth Government should, as a matter of urgency, resolve the issue of animal welfare in Commonwealth institutions by enacting a specific Commonwealth POCTA Act and other animal welfare legislation to apply to all Commonwealth institutions and agencies, and through the Act, legally recognise codes of practice for the welfare of animals.

This Position Statement was first published in July 1991 and was reviewed by NCCAW on 20 February 2008.  NCCAW made the decision to retain it without amendment.