Essential provisions of legislation to prevent cruelty to animals

National Consultative Committee on Animal Welfare (NCCAW) Revised Position Statement - April 1997

The Law

Each Australian state and territory government should enact legislation, under the Animal Welfare Act or equivalent, to prevent cruelty to animals, and to further animal welfare by:

• promoting the responsible care and use of animals, and protecting animals from cruelty and neglect.
  
  
• defining acceptable standards of animal care and use, and providing a mechanism for enforcement of these standards.

Coverage

All live vertebrates (except humans) and prescribed invertebrates.

Cruelty

The Act should list:

• acts of commission that must not be done to an animal
  
  
• acts of omission which if done to an animal will result in pain and suffering, and
  
  
• other specified unacceptable uses of animals.

The Act should clearly state that the responsibility for protecting an animal from cruelty and neglect lies with the person in charge of the animal at any time.

The Act should define grades of cruelty to an animal and be binding on the Crown.

Statutory Rules (Regulations)

The Act should provide for the making of Statutory Rules (Regulations) that enable:

• the Act to cover the declaration of any non-vertebrate species
  
  
• the accreditation of an animal welfare society whose officers may be appointed as inspectors under the Act, and
  
  
• the better administration and implementation of the Act.

Codes of Practice

Provision should be made to develop Codes of Practice that define and promote standards for responsible animal care.

Codes of Practice may be incorporated under the Act after scrutiny by parliament.

Administration

An animal welfare unit or bureau should be established within the ministry responsible for the Act to encourage, promote, educate, coordinate and advise on responsible animal care, and to have overall responsibility for the Act's administration.

An animal welfare advisory committee should be established to advise the Minister responsible for the Act on evolving standards for responsible animal care, and to make recommendations on the operation and content of Codes of Practice, and animal protection legislation.

Enforcement

The Act's provisions should be enforced by an Inspectorate composed of:

• all Government officers who, as part of their job, have regular contact with animals in areas of animal welfare concern. These officers will be responsible for enforcing the Act within the area of their particular expertise;
  
  
• all members of the police
  
  
• local government officers with responsibility for enforcing the Act within their municipality, and
  
  
• officers of accredited animal welfare societies who are employed full-time employment as inspectors.

All inspectors appointed under the Act will:

• attend and satisfactorily complete a training course in understanding and enforcing the Act
  
  
• hold a ministerial warrant that can be withdrawn by the Minister, and
  
  
• be subject to the provisions of the Ombudsman's Act.

The Act should define the powers and limitations of the inspectorate and in particular:

• provide for the immediate relief of a suffering animal, including the right of access and, in appropriate circumstances, forced entry to where an animal is confined
  
  
• provide for access to an animal reasonably suspected of being treated cruelly
  
  
• permit the seizure of animals, and provide for their care and disposal
  
  
• require the person in charge of an animal to provide their name and address to an inspector, and not to obstruct an inspector during the course of their lawful duties
  
  
• permit the seizure of all records and documents relevant to an investigation of cruelty
  
  
• enable an inspector to issue a written instruction or order concerning the care and management of an animal
  
  
• specify the circumstances in which an inspector or registered veterinary surgeon may euthanise an animal, and
  
  
• prevent any person impersonating an inspector.

Particular Provisions

Because of the complexity of the issues involved, particular uses of animals - and the limitations of such use - should be defined by special sections of the Act. For example:

• use of animals for scientific purposes
  
  
• use of animals in entertainment, and
  
  
• bloodsports.

Penalty Provisions

Cruelty to animals should be a criminal offence. The Act should provide that after conviction, a person be liable for one or more possible penalties:

• a jail term
  
  
• a monetary fine
  
  
• a banning order preventing the ownership of or interest in a species of animal(s) for a specified period.

In the case of a banning order, there should be reciprocity between states and territories for the period of the order.

For further information contact the Animal Welfare Branch in the Department of Agriculture, Fisheries and Forestry.