Victoria redrafts animal welfare laws: New minimum standards of care

Farmers fear they will end up battling animal rights groups in court over minimum standards of care for livestock, which the Victorian Government wants to enshrine in legislation. Tell us what you think.

What’s natural?: The Andrews Government is drafting the state’s first minimum standards of care for livestock, horses and pets.

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VICTORIANS will have to meet minimum standards of care for livestock, horses and pets for the first time, under radical reforms to the state’s Prevention of Cruelty to Animals Act.

An Andrews Government directions paper on drafting the new laws states “there is broad agreement among animal-based industries and the community that minimum standards or duties of care should apply to animals that go beyond simply not being cruel to them”.

Just what these standards are and what penalties will apply for failing to meet them remain undefined.

However the directions paper states the new standards will be built on the principle that all animals are sentient, meaning they have emotions, such as happiness and “the ability to feel, perceive and experience what happens to them.

The paper, which was released to the public by Victorian Agriculture Minister Jaclyn Symes yesterday, states “those in charge of an animal would be required to take reasonable steps to provide an acceptable level of care for that animal.

“A requirement for acceptable handling may also extend to any person interacting with an animal, such as an animal classified as wildlife or a pest animal.”

Ms Symes paper cites minimum standards already enshrined in Australian Capital Territory law, which state a person commits an offence if they fail to give an animal:

EXERCISE and opportunities to display behaviour that is normal for the animal.

CARE that is appropriate for the animal’s wellbeing.

APPROPRIATE grooming and maintenance

APPROPRIATE shelter, food, water, treatment for illness, disease or injury, plus a clean and hygienic living environment.

Minister Symes said new laws would “assure our community that everyone is working towards the best possible animal welfare outcomes.

“We want our laws to better safeguard animal welfare and to reflect today’s scientific understanding of animals as well as changing community expectations for animal welfare.”

One of the big issues for farmers is setting up enforceable standards of care that demand poultry, pigs and other livestock be allowed to display “normal behaviour”, given the likelihood of challenges from animals activists and their lawyers.

Victorian Farmers Federation Livestock president Leonard Vallance said the problem with using phrases such as normal, was that farm animals lived in a modified environment.

Werribee caged-hen egg producer Brian Ahmed said “what do you call normal”.

“We’re going to be debating what’s normal behaviour in the courts.”

“If you talk about dust bathing, then yes it’s a natural behaviour of hens to get rid of mites and lice, but in a clean, caged environment they don’t need to.”

The government’s directions paper appears to try and address the issue by proposing that consideration of the latest scientific on animal welfare advice be recognised in the new POCTA.

One option put forward is to set up an expert advisory committee, which would be referenced under the act.

Mr Ahmed said if such a committee was formed, then farmers must be represented.

Other reforms outlined in the paper, include:

INTRODUCE a set of general escalating offence categories based on the nature of a person’s treatment of animals, rather than the extent of the harm inflicted. The harm inflicted would be an aggravating factor.

MAKING current voluntary Codes of Practice for animal welfare mandatory or enshrining them in regulations.

ENHANCE powers to proactively monitor compliance with minimum standard of care for animals.

SET out clear alternatives for managing seized animals. Under current laws departmental officers cannot sell, re-home or euthanise animals until legal proceedings have commenced.