New animal welfare law call

Farmers are urged to get their submissions in on the most radical reforms to Victoria’s animal welfare laws in 37 years, after the deadline was extended.

Farmers need to get their submissions in on radical new animal welfare laws by March 25, which impose legally binding minimum care requirements.

Community consultation on Victoria’s radical new Animal Care and Protection Bill has been extended by a little more than two weeks, to Monday March 25.

Animal Welfare Victoria executive director Trevor Pisciotta said the extension gives interested people and organisations more time to make a submission, following recent extreme weather events.

“We’ve been committed to engaging with key stakeholders and the Victorian community throughout these reforms – this is the third and final round of consultation,” Dr Pisciotta said.

Former Labor Premier Daniel Andrews first promised to rewrite the existing Prevention of Cruelty to Animals Act during the 2018 election campaign.

But it took until December last year for the bill to be tabled, after it had been through a revolving door of agriculture ministers.

Under the draft bill Victorian farmers face having to comply with legally binding minimum care requirements for their animals for the first time, under a radical new Animal Care and Protection Bill.

The care requirements include, but are not limited to, ensuring animals enjoy “appropriate” exercise, ambient temperatures, noise levels, lighting, air quality, shade and shelter, food and water, as well as rest areas, and space to stand, lie, stretch and change position.

The draft Bill also demands animals have “opportunities for appropriate interactions with humans, other animals and the animal’s physical environment, including ensuring that interactions are conducted in a manner that minimises anxiety, fear, pain or distress for the animal”.

Such clauses reinforce one of the founding principles of the new Bill: to recognise animal sentience for the first time – the capacity to feel fear, stress and other emotions.

Failure to meet an appropriate care requirement puts animal owners at risk of paying a $24,000 fine, six months imprisonment or both.

The big question for farmers, is: Who determines what is “appropriate”?

Even mounting a defence is problematic, given the owner must prove they “took all reasonable steps to provide the care requirement for the animal”.

Farmers have responded by demanding a loophole in the state’s existing and proposed animal welfare laws be closed, so they are not dragged into court by animal rights groups.

Guidelines issued by the Allan Government state the care and cruelty offences use words like “reasonable”, “unreasonable” and “appropriate”, as they are “widely used in principles-based legislation and their meanings have been established by courts and tribunals”.

Dr Pisciotta said the bill would “strengthen Victoria’s reputation as a humane and responsible producer of food – while being fit-for-purpose for modern day farming practices”.

Dr Pisciotta encouraged interested community members, groups and organisations to make a submission and complete a survey about future regulations at the Engage Victoria website.