Animal Welfare Improvements Overdue

During the past few years the Covid pandemic has created a renewed focus on our treatment of animals, including contemplating the ways poor animal welfare standards can result in transmissible diseases.

Therefore it is good news that the Tasmanian government is now reviewing animal welfare laws relating to dogs, as well as some aspects of the Animal Welfare Act. Proposed changes to the law include banning painful pronged collars, and giving RSPCA officers greater powers in some circumstances to better assist animals.

While any strengthening of animal welfare laws is welcome, there are still a number of problems that need to be addressed. Electric-shock collars, which the Australian Veterinary Association deems unacceptable1 and which have been banned in New South Wales, South Australia, and the ACT,2 are being used on pet cats, dogs, and also on livestock in Tasmania.3 The collars are sometimes strong enough to knock a dog over, can malfunction and deliver repeated shocks, and can cause burns and other injuries.4

Next year a law currently prohibiting the use of electrical current is due to expire. The technique can only be described as nightmarish, allowing for an animal to be immobilised with electricity for the purposes of conducting painful husbandry practices, all while the animal is conscious and can feel pain but cannot move or cry out.5 The Tasmanian government is yet to comment on this issue.

There is still the difficulty of the RSPCA be able to successfully prosecute animal owners for not providing their animals with exercise, such as dogs and rabbits that are kept continuously confined, often in unsuitable cages.6

Perhaps the most glaring omission in the Animal Welfare Act is that the law in Tasmania does not recognise the mental suffering of animals. Interestingly, the National Medical Research Council Australian Code governing experimental research on animals does acknowledge the pain and suffering of animals, including mental suffering.7 The Code can be used as a defence by a researcher who would otherwise be charged with cruelty or a breach of duty of care under the Animal Welfare Act,8 but the Act does not allow for the prosecution of any person for cruelty to animals which are subject to experimental research. The Code itself is not legally binding to stop animal suffering.9 The state government does have the power to remove licences for animal experimentation, but the industry is largely self-regulated.10

It is all the worse that such invasive experimental research on animals is considered unreliable and unnecessary by a growing number of expert scientists,11 draining funding from more promising lines of non-animal research.12

Other much-needed changes to Tasmania’s legislation include banning the tethering of animals, leaving dogs unattended in vehicles, the cruelty involved in the racing industries, the horrible life of dogs trapped in breeding factories,13 the on-going mass slaughter of native wildlife,14 and the dirty and unhygienic conditions inside and around factory farms.15

As society faces numerous environmental challenges linked to poor animal welfare standards, such as growing anti-microbial resistance in humans because of antibiotics fed to farm animals,16 it is more important than ever that the community voices their concerns to government. It can be as simple as filling out an on-line form or sending an email. Treating animals well makes us more humane as people, and is in our best interests for a healthy society.

Public comment on changes to the Animal Welfare Act 1993 (Tas) are open until next Wednesday 20 July 2022.

https://nre.tas.gov.au/biosecurity-tasmania/animal-biosecurity/animal-welfare/legislation-standards-guidelines/animal-welfare-act/draft-animal-welfare-act-amendment-bill

Stephanie Gleeson is a graduate from the University of Tasmania with an interest in law reform and animal welfare.