Key animal law in Australia

Abstract

Increasingly, the Australian public are questioning the treatment of animals in animal use industries and the adequacy of animal protection under the law. This chapter provides a brief overview and critique of the legal and regulatory framework governing animal protection in Australia. It outlines the legal status of animals in Australia and how animal welfare is regulated within the country’s federal government structure. This includes consideration of regulation in regard to specific areas of animal use in contexts of farming, companionship, scientific research, entertainment, and wild animal management. It explains that the regulatory regime for animal welfare and protection is fragmented across the states and territories, and how despite this inconsistency there are some commonalities between the jurisdictions. Almost all fail to recognise the sentience of animals, and they each permit a wide range of practices that cause animal pain and suffering. They also share broader structural and institutional challenges necessitating regulatory reform. The chapter puts forward a number of proposals for reform, including the establishment of federal and state/territory statutory entities dedicated to animal welfare policy and standards development, and the introduction of a transparent, consistent, and accountable animal welfare standard-setting process.