Will Victoria Miss the Sentience Doorway and Have a 2021 Animal Law Reform that Is Outdated even before It Is Enacted?

Abstract

Updated animal law is ‘right’ for many economic, environmental, and societal reasons. While nonregulatory initiatives and programs are valuable as ancillary means of securing those benefits, law enforcement has a vital role in ensuring compliance by all stakeholders, and maintenance of standards that protect existing and future interests. Law’s vital role highlights the necessity of keeping it up to date. The contemporary science of the Five Domains validates that animals are capable of feeling and experiencing positive and negative states. The Five Domains is also the scientific authority for evolving animal legislation beyond what the Five Freedoms did over half a century ago. Legislatively defining animal sentience in a manner that creates positive animal welfare law is a keystone reform that has already been implemented in Australia. Victoria’s industry, public, and animals are at a critical legislative crossroads, and Victoria’s 2020 legal reform will either deliver meaningful change leadership or result in decades more of ‘business as usual’. To avoid implementing legislation that is outdated before it is even enacted, this paper demonstrates how a legislative definition of sentience which states: ‘sentience means that animals experience negative and positive [physical, mental and emotional] states’, is consistent with the contemporary science of the Five Domains and delivers benefits to all animal welfare stakeholders. For the body of the animal welfare legislation to be consistent with this up-to-date and scientifically authoritative definition of ‘sentience’, this paper further identifies amendments to be incorporated in the body of animal welfare legislation which provide further clarity and certainty to elevate standards of animal welfare and duplicate existing leadership practices that ‘go beyond simply not being cruel to them’.