22 Years – 22 Years – Australia’s animal welfare laws, Australia’s animal welfare laws, industry/government alliances, attitudes industry/government alliances, attitudes and government processes.and government processes.

Glenys OogjesGlenys Oogjes

Executive DirectorExecutive Director

Animal Law Workshop – 24 September 2005

Some significant dates/eventsSome significant dates/events 1976 Animal Liberation – the book- by Peter 1976 Animal Liberation – the book- by Peter

SingerSinger 1978/79 Animal Liberation – the groups, started 1978/79 Animal Liberation – the groups, started

around Australia focusing on ‘factory farming’around Australia focusing on ‘factory farming’ 1980 AFAS (Australian Federation of Animal 1980 AFAS (Australian Federation of Animal

Societies) formed with 24 founding societies Societies) formed with 24 founding societies (spurred by Minister Nixon saying an inquiry into (spurred by Minister Nixon saying an inquiry into intensive farming would be launched if only he intensive farming would be launched if only he could deal with just a single policy entity)could deal with just a single policy entity)

November 16 1983 – Senate motion by Don November 16 1983 – Senate motion by Don Chipp, to establish a Select Committee on Animal Chipp, to establish a Select Committee on Animal WelfareWelfare

A Senate Select Inquiry A Senate Select Inquiry into Animal Welfare, 1983 - 1991into Animal Welfare, 1983 - 1991

Terms of Ref. to inquire into and report Terms of Ref. to inquire into and report upon:upon:

‘‘The question of animal welfare in Australia, The question of animal welfare in Australia, with particular reference to: with particular reference to:

1.1. interstate and overseas commerce in interstate and overseas commerce in animals;animals;

2.2. wildlife protection and harvesting;wildlife protection and harvesting;3.3. animal experimentation;animal experimentation;4.4. codes of practice of animal husbandry for codes of practice of animal husbandry for

all species; andall species; and5.5. the use of animals in sport.’ the use of animals in sport.’

A Senate Select Inquiry A Senate Select Inquiry into Animal Welfare, 1983 - 1991into Animal Welfare, 1983 - 1991

Aspects of Animal Welfare in the Racing Industry Aspects of Animal Welfare in the Racing Industry Tabled August 1991 Tabled August 1991

Equine Welfare In Competitive Events Other Than RacingEquine Welfare In Competitive Events Other Than Racing Tabled August 1991 Tabled August 1991

Transport of livestock within Australia Transport of livestock within Australia Tabled August 1991 Tabled August 1991

Culling of large feral animals in the Northern TerritoryCulling of large feral animals in the Northern TerritoryTabled June 1991 Tabled June 1991

Intensive livestock productionIntensive livestock productionTabled June 1990 Tabled June 1990

The racing industry - Interim ReportThe racing industry - Interim ReportTabled June 1990Tabled June 1990

Sheep HusbandrySheep Husbandry Tabled October 1989 Tabled October 1989

Animal ExperimentationAnimal ExperimentationTabled 1989 Tabled 1989

KangaroosKangaroosTabled 1988 Tabled 1988

Dolphins and whales in captivityDolphins and whales in captivityTabled 1985 Tabled 1985

The export of live sheep from AustraliaThe export of live sheep from AustraliaTabled 1985 Tabled 1985

http://www.aph.gov.au/Senate/committee/history/index.htm

SSCAW - recommendationsSSCAW - recommendationsLive export (1985)Live export (1985)

‘ ‘ The Committee came to the conclusion that if a decision was to The Committee came to the conclusion that if a decision was to be made on the future of the trade purely on animal welfare be made on the future of the trade purely on animal welfare grounds, there is enough evidence to stop the trade. The trade grounds, there is enough evidence to stop the trade. The trade is, in many respects, inimical to good animal welfare, and it is not is, in many respects, inimical to good animal welfare, and it is not in the interests of the animal to be transported to the Middle East in the interests of the animal to be transported to the Middle East for slaughter. for slaughter.

‘‘The implementation of reforms will help to reduce but not The implementation of reforms will help to reduce but not

eliminate stress, suffering and risk during transportation of sheep eliminate stress, suffering and risk during transportation of sheep to the Middle East.to the Middle East.

‘‘Therefore a long term solution must be sought. The substitution Therefore a long term solution must be sought. The substitution of the sheep meat trade for the live export trade offers such a of the sheep meat trade for the live export trade offers such a solution.’ solution.’

‘‘Export of live sheep from Australia’ Report of the SSCAW 1985Export of live sheep from Australia’ Report of the SSCAW 1985

SSCAW - recommendationsSSCAW - recommendationsIntensive pig farming (1990)Intensive pig farming (1990)

‘ ‘ It is this Committee’s view that an intensive system is proper if the health It is this Committee’s view that an intensive system is proper if the health of the animals is not affected, if their behaviour is not disturbed, and if of the animals is not affected, if their behaviour is not disturbed, and if their adaptability is not overcharged’. their adaptability is not overcharged’.

‘‘The Committee has considered the dry sow housing question and noting The Committee has considered the dry sow housing question and noting

the advantages of stalls and tethers (protection from bullying, close the advantages of stalls and tethers (protection from bullying, close monitoring and control of food intake), believes both to be undesirable monitoring and control of food intake), believes both to be undesirable means of restraintmeans of restraint. .

‘‘future trends in housing of the dry sow should be away from individually-future trends in housing of the dry sow should be away from individually-confined stall systemsconfined stall systems..’...’.

‘‘sow size has increased over the years’sow size has increased over the years’ and so recommended that and so recommended that attention should be given to sow stalls and farrowing crates to ensure they attention should be given to sow stalls and farrowing crates to ensure they ‘‘do not cause suffering due to cramping’do not cause suffering due to cramping’, and that the Pig Code should be , and that the Pig Code should be revised so that revised so that ‘stalls and crates reflect the body dimensions of large ‘stalls and crates reflect the body dimensions of large sows’. sows’.

‘‘Intensive Livestock Production‘ Report of SSCAW 1990Intensive Livestock Production‘ Report of SSCAW 1990

And the outcome of a decade of awakening? And the outcome of a decade of awakening?

Many suggested Code changesMany suggested Code changes…..….. New legislation, Codes, exemptions…New legislation, Codes, exemptions…

Legislation was reviewed in all States from 1985 onwards. All looked to ways Legislation was reviewed in all States from 1985 onwards. All looked to ways to ‘exempt’ intensive farming and other controversial practices from the to ‘exempt’ intensive farming and other controversial practices from the cruelty provisions of the Acts. The Codes provided the means.cruelty provisions of the Acts. The Codes provided the means.

E.g. 1992 review started to Qld 1925 Act – E.g. 1992 review started to Qld 1925 Act – Drafting instructionDrafting instruction stated: stated:‘‘Obviously, it will be quite some time before Codes can be developed and Obviously, it will be quite some time before Codes can be developed and

introduced under the legislation. introduced under the legislation.

A way must be found to ensure that accepted practices under current A way must be found to ensure that accepted practices under current legislation do not become illegal in the interim.legislation do not become illegal in the interim.

A practical way of dealing with this problem could be to make a Regulation A practical way of dealing with this problem could be to make a Regulation stating that where a Code of Practice has not been incorporated under this stating that where a Code of Practice has not been incorporated under this new legislation, acknowledged practices will remain legal’.new legislation, acknowledged practices will remain legal’.

[From Corish J.A. of NSW Agriculture – Ministerial Review of POCTA, Vol 2 ‘Comparative [From Corish J.A. of NSW Agriculture – Ministerial Review of POCTA, Vol 2 ‘Comparative Study of Australasian Legislation’, Feb. 1993]Study of Australasian Legislation’, Feb. 1993]

Codes of Practice – Codes of Practice – how they eventuatedhow they eventuated

[After the development of the poultry Code] [After the development of the poultry Code] Other early Codes were Other early Codes were developed as national guidelines by the Commonwealth Bureau of Animal developed as national guidelines by the Commonwealth Bureau of Animal Health after the Australian Agricultural Council (AAC) in 1980 Health after the Australian Agricultural Council (AAC) in 1980 considered considered the mounting challenges by animal welfare interests to accepted the mounting challenges by animal welfare interests to accepted methods of Australian livestock management and animal methods of Australian livestock management and animal experimentationexperimentation. In particular, the Council considered implications for . In particular, the Council considered implications for the intensive animal industries and live animal exports with a focus on the the intensive animal industries and live animal exports with a focus on the conditions of transport of livestock over long distances, aspects of the conditions of transport of livestock over long distances, aspects of the slaughter of stock, intensive farming practices in the pig and poultry slaughter of stock, intensive farming practices in the pig and poultry industries and the control of feral animals.industries and the control of feral animals.

[Review of the Model Codes of Practice for the Welfare of Animals, [Review of the Model Codes of Practice for the Welfare of Animals, Neumann, February 2005 – Unpublished, available from AA].Neumann, February 2005 – Unpublished, available from AA].

When documenting the ‘agricultural industry view’ of Codes, Neumann states When documenting the ‘agricultural industry view’ of Codes, Neumann states – –

‘…‘…there is a general concern that involvement of the industries in Code there is a general concern that involvement of the industries in Code development was based on documenting existing management practices development was based on documenting existing management practices and that compliance would be voluntary’and that compliance would be voluntary’. .

N.B. Model Codes are available from: http://www.publish.csiro.au/nid/22/sid/11.htmN.B. Model Codes are available from: http://www.publish.csiro.au/nid/22/sid/11.htmState adopted Codes may vary slightly from the nationally-determined ‘Model Codes’.State adopted Codes may vary slightly from the nationally-determined ‘Model Codes’.

Model Codes of Practice for the Welfare of Animals

NAME OF CODE REVIEWS ?Road Transport of Livestock – 1983 (now species/specific Codes)Rail Transport of Livestock – 1983Sea Transport of Livestock – 1987 Australian Standards for the Export of

Livestock 2005Air Transport of Livestock – 1986Animals at Saleyards - 1991Cattle – 1992 2nd Edition 2004Domestic Poultry - 1983 2nd Edition 1992, 3rd 1995, 4th 2002Farmed Buffalo -1995Farmed Ostriches - 2003Feral Livestock Animals – 1991 Under reviewHusbandry of Captive Bred Emus – 1999 Under review (changes to toe cutting!)Land Transport of Cattle - 1999Land Transport of Horses - 1997Land Transport of Pigs - 1997Land Transport of Poultry – 1998 Under reviewLivestock at Slaughtering Establishments - 2001The Pig – 1983 2nd Edition 1998, Under review againThe Intensive Farming of Rabbits - 1991The Camel – 1997 Under reviewThe Farming of Deer - 1991The Goat - 1991The Sheep – 1991 New Mulesing Appendix

Codes document practices to Codes document practices to ensure they cannot be prosecuted. ensure they cannot be prosecuted. Exemptions:Exemptions:

Compliance with Codes is Compliance with Codes is effectively an exemptioneffectively an exemption in all jurisdictions in all jurisdictions – but formalized defence clauses occur in– but formalized defence clauses occur in

NT – Section 79NT – Section 79 Victoria – Section 6 (1)Victoria – Section 6 (1) Queensland – Section 40Queensland – Section 40 Western Australia – Sect 25Western Australia – Sect 25 SA – Sect 43 (and SA alone makes compliance a requirement)SA – Sect 43 (and SA alone makes compliance a requirement)

The other States/ACT each ‘recognise’ Codes (gazetted) and thus The other States/ACT each ‘recognise’ Codes (gazetted) and thus effectively enable them to be used as an indicator to a magistrate effectively enable them to be used as an indicator to a magistrate of ‘acceptable’ husbandry standards (NSW, Tas, ACT)of ‘acceptable’ husbandry standards (NSW, Tas, ACT)

What existing Codes allow…What existing Codes allow… Castration of ‘farm animals’ without anaestheticCastration of ‘farm animals’ without anaesthetic Cutting the toes off emu chicks (de-clawing)Cutting the toes off emu chicks (de-clawing) Cutting or grinding the teeth of pigletsCutting or grinding the teeth of piglets De-horning of adult cattle De-horning of adult cattle Hot iron branding of cattleHot iron branding of cattle De-beaking of chickens with a hot iron/wireDe-beaking of chickens with a hot iron/wire Transporting cattle can be for up to 48 hours, and up to 30 hours for sheepTransporting cattle can be for up to 48 hours, and up to 30 hours for sheep Giving hens less than the equivalent of an A4 page/space, no perch, no Giving hens less than the equivalent of an A4 page/space, no perch, no

nestnest Allowing pregnant sows just a cement/metal stall, where they cannot even Allowing pregnant sows just a cement/metal stall, where they cannot even

turn aroundturn around Allowing sows to give birth and nurse piglets in farrowing crates for Allowing sows to give birth and nurse piglets in farrowing crates for

another 4 weeksanother 4 weeks Mulesing sheep (cutting the skin from their behind, with no analgesia)Mulesing sheep (cutting the skin from their behind, with no analgesia) Flank spaying of adult cattleFlank spaying of adult cattle Tail docking of adult (dairy) cattle, lambs, piglets (without pain relief)Tail docking of adult (dairy) cattle, lambs, piglets (without pain relief) Raising of meat chickens at about 20 birds per square metreRaising of meat chickens at about 20 birds per square metre

Other Codes?Other Codes?

Research Code (Code of Practice for Research Code (Code of Practice for the Care and Use of Animals for the Care and Use of Animals for Scientific Purposes) – Scientific Purposes) – regulatoryregulatory in all in all jurisdictionsjurisdictions

State/Territory Codes – other than State/Territory Codes – other than livestock (in films, shelters, pet shops livestock (in films, shelters, pet shops etc)etc)

Rodeos Guidelines (NCCAW)Rodeos Guidelines (NCCAW) Circus Guidelines (NCCAW)Circus Guidelines (NCCAW)

Review and updating of Codes – Review and updating of Codes – very slowly…very slowly…

Timetable for reviews - Lack of interest?Timetable for reviews - Lack of interest?

The very first Codes had no indication in them that they were to be reviewed in The very first Codes had no indication in them that they were to be reviewed in any particular time frame:any particular time frame:

e.g. 1983 Pig Code states ‘e.g. 1983 Pig Code states ‘The Model Code may be revised to take account The Model Code may be revised to take account of advances in the understanding of animal physiology and behaviour, of advances in the understanding of animal physiology and behaviour, technological changes in animal husbandry and their relationships to the technological changes in animal husbandry and their relationships to the welfare of animals’welfare of animals’..

Senate inquiry then recommended that the Codes be reviewed every five Senate inquiry then recommended that the Codes be reviewed every five

years ‘-years ‘-‘‘to take account of technological changes, advances in understanding of to take account of technological changes, advances in understanding of

physiology and behavior of animal to reflect prevailing community attitudesphysiology and behavior of animal to reflect prevailing community attitudes .’ .’

Intensive Livestock Farming SSCAW 1989.Intensive Livestock Farming SSCAW 1989.

The 1999 Land Transport of Cattle Code suggests it will be reviewed in 5 The 1999 Land Transport of Cattle Code suggests it will be reviewed in 5 years, years,

the 2001 Poultry Code says it will be reviewed in 2010, the 2001 Poultry Code says it will be reviewed in 2010, whilst the 2nd edition of the Cattle Code (2004) suggests it too will be whilst the 2nd edition of the Cattle Code (2004) suggests it too will be

reviewed in 2010.reviewed in 2010.

Neither the 10 year nor the 5 year review timetable has ever worked.Neither the 10 year nor the 5 year review timetable has ever worked.

Review and updating of Codes – Review and updating of Codes – very slowly…very slowly…

Timetable for reviews – Timetable for reviews – few resources – AWWG (Animal Welfare Working Group) processes few resources – AWWG (Animal Welfare Working Group) processes

haphazard/variablehaphazard/variable very little interest from industriesvery little interest from industries

[N.B. the Neumann Report came from a consultancy [N.B. the Neumann Report came from a consultancy initiated by AWWG to consider these problems]initiated by AWWG to consider these problems]

This lack of funding clearly shows a lack of genuine interest and This lack of funding clearly shows a lack of genuine interest and backing by Governments. backing by Governments.

A willingness to accept the status quo – until there is a need to react!A willingness to accept the status quo – until there is a need to react!

Govt provides animal users with exemptions that allow acts that cause Govt provides animal users with exemptions that allow acts that cause suffering - yet Govt refuses to force them to the table to reconsider suffering - yet Govt refuses to force them to the table to reconsider positions. positions.

Through non–cooperation, industry can delay indefinitely review of codes.Through non–cooperation, industry can delay indefinitely review of codes.

And - And - Even if there were welfare implications/improvements detailed Even if there were welfare implications/improvements detailed in codes (and there have not been) - codes are in codes (and there have not been) - codes are notnot enforceable. enforceable.

State/T’try

Act Department Responsible

NCCAW members AWWG Member AWAC?

ACT Animal Welfare Act 1992 Environment ACT Dept of Environment No member Yes (Stat)

NSW POCTA 1979Animal Research Act 1985Exhibited Animals Protection Act 1986

NSW Agriculture NSW Agriculture NSW Agriculture Yes (Stat)

NT Animal Welfare Act 1999 Dept of Local Government, Housing and Sport

Dept of Primary Industry, Fisheries and Mines

Dept of Primary Industry, Fisheries and Mines

Yes (Stat)

Qld Animal Care and Protection Act 2001

Department of Primary Industries and Fisheries

Department of Primary Industries and Fisheries

Department of Primary Industries and Fisheries

Yes (Stat)

SA POCTA 1985 Dept of Environment and Heritage

Dept of Environment and Heritage

Dept of Primary Industries and Resources

Yes (Stat)

Tas Animal Welfare Act 1993 Dept Primary Industries, Water and Environment

Dept Primary Industries, Water and Environment

Dept Primary Industries, Water and Environment

Yes (Stat) (meeting irregularly)

Victoria POCTA 1986 Dept of Primary Industries

Dept of Primary Industries Dept of Primary Industries Yes (not Stat)

Western Australia

Animal Welfare Act 2002 Dept of Local Government and Regional Development

Dept of Local Government and Regional Development

Department of Agriculture No

Federal Co-ord roles & import/ export, science funding (NHMRC policy etc)

Dept of Agriculture Fisheries and Forestry

Dept of Agriculture Fisheries and Forestry

AWWG secretariat – PISC/PIMC chairs

Yes – (not Stat)NCCAW

Other members

NCCAW – Dept of Enviro and Heritage,AVA,NHMRC,Animal Health Aust., ,NFF (x2), AWWG Chair, AA,RSPCA Aust.,DAFF secretariat.

AWWG - Department reps as above.Plus:-CSIRO member-Animal Health Australia rep. (representing ruraal industry groups

Code DevelopmentCode Development

Bureau of Animal Health in 1980sBureau of Animal Health in 1980s Animal Welfare Working Group Animal Welfare Working Group

(AWWG) now(AWWG) now Until 2000 – community groups Until 2000 – community groups

(RSPCA/AA) merely consulted(RSPCA/AA) merely consulted Now on ‘Writing Groups’Now on ‘Writing Groups’

Code review examples..Code review examples..Pig Code review ‘Writing Group’ 2004/05 – membershipPig Code review ‘Writing Group’ 2004/05 – membership

Vic Dept of PI – Chair (AWWG member)Vic Dept of PI – Chair (AWWG member) SA Dept of PI and Resources (AWWG member)SA Dept of PI and Resources (AWWG member) NSW Agriculture (AWWG member)NSW Agriculture (AWWG member) Agriculture WA (AWWG member)Agriculture WA (AWWG member) Prof John Barnett – AWSCProf John Barnett – AWSC DPI Vic Pig Specialist VetDPI Vic Pig Specialist Vet Manager Welfare – Australian Pork Ltd (APL)Manager Welfare – Australian Pork Ltd (APL) Prime Consulting International (appointed by APL)Prime Consulting International (appointed by APL) General Manager APLGeneral Manager APL Research Scientists from QAF – Large piggeryResearch Scientists from QAF – Large piggery Quality Control Officer – Coles Myer LtdQuality Control Officer – Coles Myer Ltd Animals AustraliaAnimals Australia RSPCA AustraliaRSPCA Australia

Code review examples..Code review examples.. Pig Code review Pig Code review

Code review examples..Code review examples.. Pig Code review - delayed first (from 2003) due to drought Pig Code review - delayed first (from 2003) due to drought

and research underway….and research underway…. That research?? By Dr John Barnett of Animal Welfare Science That research?? By Dr John Barnett of Animal Welfare Science

CentreCentre

Sow stall dimensions:Sow stall dimensions:

0.6 m wide better than 0.75 m wide stalls0.6 m wide better than 0.75 m wide stalls based on lower total and free cortisol concentrationsbased on lower total and free cortisol concentrations reduced responsiveness to ACTHreduced responsiveness to ACTH increased immunoresponsivenessincreased immunoresponsiveness

2.2 m long stalls associated with lower stress effects2.2 m long stalls associated with lower stress effects

based on lower total and free cortisol concentrationsbased on lower total and free cortisol concentrations reduced responsiveness to ACTHreduced responsiveness to ACTHincreased immunoresponsivenessincreased immunoresponsiveness

see full ppt re this: see full ppt re this: http://www.animal-welfare.org.au/comm/download/dimensions.ppt#20http://www.animal-welfare.org.au/comm/download/dimensions.ppt#20

Code review examplesCode review examples Pig Code review (2004/5) – Writing group, Positions on sow stalls –Pig Code review (2004/5) – Writing group, Positions on sow stalls –

A] A] IndustryIndustry proposes that they could economically afford to introduce the capital proposes that they could economically afford to introduce the capital and management changes to allow for a maximum period of confinement of 10 and management changes to allow for a maximum period of confinement of 10 weeks in each gestation, within a 15 year phase in period . weeks in each gestation, within a 15 year phase in period .

B] B] AWWG, Research and AVAAWWG, Research and AVA - In terms of management requirements (pregnancy - In terms of management requirements (pregnancy testing, mating management etc..) there should be a maximum period of testing, mating management etc..) there should be a maximum period of confinement of 6 weeks followed by group housing until placed in farrowing crates. A confinement of 6 weeks followed by group housing until placed in farrowing crates. A transition period of 5-10 years was discussed to achieve this. transition period of 5-10 years was discussed to achieve this.

C] C] Animal welfare organisationsAnimal welfare organisations

RSPCA rRSPCA recommend an immediate ban on the building of new stalls (from ecommend an immediate ban on the building of new stalls (from introduction of the code), one year after the code is introduced a limit on use of stalls introduction of the code), one year after the code is introduced a limit on use of stalls to the first 5-6 weeks of gestation, and in 5-7 years after code introduction a ban on to the first 5-6 weeks of gestation, and in 5-7 years after code introduction a ban on the use of sow stalls.the use of sow stalls.

Animals Australia. Animals Australia. A total and immediate ban on use of dry sow stalls and current A total and immediate ban on use of dry sow stalls and current farrowing crate on welfare grounds.farrowing crate on welfare grounds.

Current situationCurrent situation – considered by AWWG, and new draft and RIS being – considered by AWWG, and new draft and RIS being drafted for public consultation – likely to reflect position B above. drafted for public consultation – likely to reflect position B above.

Code review examples..Code review examples..

Poultry Code review – In 2000/2001 a similar Writing Group for the poultry Code. In 2000/2001 a similar Writing Group for the poultry Code.

Again industry interests – both egg industry (x2) and meat Again industry interests – both egg industry (x2) and meat chicken industry (x 2) held sway. chicken industry (x 2) held sway.

In this case they would not accept the clear science on a In this case they would not accept the clear science on a number of issues – e.g.number of issues – e.g.

Scientific papers say that raising hens on litter and with Scientific papers say that raising hens on litter and with perches leads to better adjusted hens for barn and free perches leads to better adjusted hens for barn and free range production (less pecking, fewer floor eggs/better range production (less pecking, fewer floor eggs/better nesting).nesting).

AA and RSPCA Aust. wanted this to be a recommendation of AA and RSPCA Aust. wanted this to be a recommendation of the Code. the Code.

The industry insisted that overseas scientific research was not The industry insisted that overseas scientific research was not relevant - and they got their way! relevant - and they got their way!

Code review examples..Code review examples.. Mulesing appendix to Sheep CodeMulesing appendix to Sheep Code (2004/5 after announcement of mulesing ban by 2010) (2004/5 after announcement of mulesing ban by 2010)

…….even if there is an important agreement at the Writing Group Stage – it can be varied at any .even if there is an important agreement at the Writing Group Stage – it can be varied at any stage in the bureaucratic process –stage in the bureaucratic process –

AWWGAWWGAHCAHC

PIAHCPIAHCPISCPISC

PIMC (Primary Industries Ministerial Council – see PIMC (Primary Industries Ministerial Council – see http://www.mincos.gov.au/http://www.mincos.gov.au/ ))RISRIS

State Legislation/regulationState Legislation/regulation

Final Writing Group (March 2005):Final Writing Group (March 2005):‘‘Mulesing must only be done by operators accredited under the National Mulesing Accreditation Mulesing must only be done by operators accredited under the National Mulesing Accreditation

Program from 31st December 2006’.Program from 31st December 2006’.

But the current intention after AWWG/PISC (not written publicly yet)But the current intention after AWWG/PISC (not written publicly yet) All Mulesing contractors (approx 1000 – 1300) will have to be trained and accredited All Mulesing contractors (approx 1000 – 1300) will have to be trained and accredited by by

31/12/06, 31/12/06, but farmers/producersbut farmers/producers (approx 11,000 -17,000) will only have to be accredited by (approx 11,000 -17,000) will only have to be accredited by 31/12/0831/12/08..

The full ban on mulesing is to be in place by 1/1/2010.The full ban on mulesing is to be in place by 1/1/2010.

Current attempts to exempt further cruel Current attempts to exempt further cruel practices -practices -

E.g. Emu code re de-clawing (de-toeing)– E.g. Emu code re de-clawing (de-toeing)– not mentioned in the existing Codenot mentioned in the existing Code

New proposed inclusion…New proposed inclusion…

7.3 Declawing7.3 Declawing7.3.1 Emus must be kept in facilities where natural aggression is effectively7.3.1 Emus must be kept in facilities where natural aggression is effectivelymanaged. If emus are kept in extensive conditions it may be necessary for emusmanaged. If emus are kept in extensive conditions it may be necessary for emusto be declawed. If this procedure is deemed necessary to reduce aggression andto be declawed. If this procedure is deemed necessary to reduce aggression andstereotype behaviors which can contribute to social stress and skin damage, itstereotype behaviors which can contribute to social stress and skin damage, itshould be carried out by a skilled operator at 3-5 days of age. Declawing mustshould be carried out by a skilled operator at 3-5 days of age. Declawing mustnot be carried out on chicks over 5 days old.not be carried out on chicks over 5 days old.

7.3.2 Declawing involves the removal of the distal or last phalengeal (bony part of7.3.2 Declawing involves the removal of the distal or last phalengeal (bony part ofthe toe) joint using sharp clean sheep mulesing shears, beak trimming machine orthe toe) joint using sharp clean sheep mulesing shears, beak trimming machine orother suitable device, angled to retain the bottom part of the last phalanx withinother suitable device, angled to retain the bottom part of the last phalanx withinthe foot pad. Declawing by either of these methods will minimise the risk of boththe foot pad. Declawing by either of these methods will minimise the risk of bothacute and chronic pain resulting from tissue and nerve damage.acute and chronic pain resulting from tissue and nerve damage.

RIS discussion - RIS discussion - Declawing emu chicks is an issue arousing some controversy. The Rural Industries Research and Declawing emu chicks is an issue arousing some controversy. The Rural Industries Research and

Development Corporation funded a study by Flinders University and the South Australian Research Development Corporation funded a study by Flinders University and the South Australian Research & Development Institute into the value of declawing farmed emus. The study concluded that & Development Institute into the value of declawing farmed emus. The study concluded that declawing does not harm the well-being of the emus and that behavioural data suggests that declawing does not harm the well-being of the emus and that behavioural data suggests that declawing can reduce aggression. This reduction of aggression has a positive effect on social declawing can reduce aggression. This reduction of aggression has a positive effect on social structure and also leads to less damage of emu skin which is one of the industry’s valuable structure and also leads to less damage of emu skin which is one of the industry’s valuable products. products. Many farms already use this practice and those that don’t need to, do not use it.Many farms already use this practice and those that don’t need to, do not use it.

Compliance with (cruel) Codes?Compliance with (cruel) Codes?Examples of non-complianceExamples of non-compliance

The NSW Contractors Association has apparently surveyed sheep at The NSW Contractors Association has apparently surveyed sheep at saleyards and noted that between 60-80% of sheep have been incorrectly saleyards and noted that between 60-80% of sheep have been incorrectly mulesed (radical mules or crooked tails through unskilled jobs). mulesed (radical mules or crooked tails through unskilled jobs).

Tail docking of whole herds of dairy cows is still common in some areas Tail docking of whole herds of dairy cows is still common in some areas (usually the wetter areas) including in Victoria (Source: survey by Barnett (usually the wetter areas) including in Victoria (Source: survey by Barnett of Victorian Institute of Animals Science, DPI) of Victorian Institute of Animals Science, DPI)

Farmers have commented that teeth grinding of sheep continues (e.g. to Farmers have commented that teeth grinding of sheep continues (e.g. to AWAC), and some have said it is widespreadAWAC), and some have said it is widespread

Anecdotal reports of pigs being transported for between 60-70 hours Anecdotal reports of pigs being transported for between 60-70 hours (across the Nullabor) when 48 hours is the maximum (Source: (across the Nullabor) when 48 hours is the maximum (Source: government officer comments at the Victorian AWAC and at NCCAW).government officer comments at the Victorian AWAC and at NCCAW).

Recent comprehensive documentation (by Animals Angels) of sheep Recent comprehensive documentation (by Animals Angels) of sheep transport between WA feedlots and live export ships, showing injured and transport between WA feedlots and live export ships, showing injured and downed animals, and over loaded trucks arriving regularly at the wharf (in downed animals, and over loaded trucks arriving regularly at the wharf (in contravention of the WA transport Code and the new contravention of the WA transport Code and the new Australian Standards Australian Standards for the Export of Livestock)for the Export of Livestock)..

Provisional results from the APL producer survey indicate that 44% of dry Provisional results from the APL producer survey indicate that 44% of dry sow stalls currently in use in Australia are narrower than the sow stalls currently in use in Australia are narrower than the recommended width and 37% are shorter than the recommended length. recommended width and 37% are shorter than the recommended length.

Other ExemptionsOther ExemptionsLegislative ExemptionsLegislative ExemptionsNSW NSW 9 9 ConfinedConfined animalsanimals to be exercised to be exercised (1) A (1) A person in chargeperson in charge of an of an animalanimal which is which is confinedconfined shall not fail to provide the shall not fail to provide the

animalanimal with adequate exercise. with adequate exercise. (1A) Subsection (1) does not apply to a (1A) Subsection (1) does not apply to a person in chargeperson in charge of an of an animalanimal if the animal is: if the animal is: (a) a stock animal other than a horse, or (a) a stock animal other than a horse, or (b) an animal of a species which is usually kept in captivity by means of a cage. (b) an animal of a species which is usually kept in captivity by means of a cage.

And – Sect 24 – where surgical mutilations are listed and thus exempted.And – Sect 24 – where surgical mutilations are listed and thus exempted.

VictoriaVictoriaExemptions for things done under the Catchment and Land Protection Act, Meat Industry Exemptions for things done under the Catchment and Land Protection Act, Meat Industry

Act, Wildlife Act, recreational fishing done in accord with the Fisheries Act.Act, Wildlife Act, recreational fishing done in accord with the Fisheries Act.

WAWA Defence - (a) the animal is stock of a kind that is ordinarily left to roam at large on a Defence - (a) the animal is stock of a kind that is ordinarily left to roam at large on a

pastoral property and to fend for itself;pastoral property and to fend for itself;

TasmaniaTasmania Regulations in Tasmania to allow battery farms after a win in Tassie in 1993 by Pam Regulations in Tasmania to allow battery farms after a win in Tassie in 1993 by Pam

ClarkeClarke

Advisory StructuresAdvisory Structures Animal Welfare Advisory Committees (AWACs)Animal Welfare Advisory Committees (AWACs)

Purpose - to advise the Minister on current issues and upgrades in regards to COPs Purpose - to advise the Minister on current issues and upgrades in regards to COPs and legislation. and legislation.

Members of AWACsMembers of AWACs

Usually Usually 2 animal welfare representatives, companion animal person, Vet rep, 2 FF 2 animal welfare representatives, companion animal person, Vet rep, 2 FF reps, animals in research – environment department plus primary industries.reps, animals in research – environment department plus primary industries.

How often to they meet?How often to they meet?…Should meet at least quarterly…Should meet at least quarterly

How effective are they?How effective are they?Totally dependent upon the Minister and political issues.Totally dependent upon the Minister and political issues.

E.g. E.g. NSW AWAC recommended a ban on duckshooting and got it in 1995.NSW AWAC recommended a ban on duckshooting and got it in 1995.Queensland in one of its first acts (only commenced last year) Queensland in one of its first acts (only commenced last year)

recommended recommended duckshooting be banned and got it last month.duckshooting be banned and got it last month.Victoria – the largest duckshooting State – its AWAC has recommended a Victoria – the largest duckshooting State – its AWAC has recommended a

ban ban on duckshooting in each of 1993, 1995, 2000, and 2003 – but no on duckshooting in each of 1993, 1995, 2000, and 2003 – but no Minister has decided to ban it.Minister has decided to ban it.

Again, the existence of AWAC’s provide the perception that the issue of animal Again, the existence of AWAC’s provide the perception that the issue of animal welfare is being addressed seriously by governments. welfare is being addressed seriously by governments.

Advisory Structures (cont)Advisory Structures (cont) National Consultative Committee on National Consultative Committee on

Animal Welfare – advises the federal Animal Welfare – advises the federal Minister for Agriculture, currently Minister Minister for Agriculture, currently Minister McGauran.McGauran.

Examples of advice taken…. Examples of advice taken…. Glue traps, Australian Animal Welfare Glue traps, Australian Animal Welfare Strategy, Animal Care Statements into Strategy, Animal Care Statements into slaughterhouses, National guidelines – slaughterhouses, National guidelines – circuses, rodeos, national statistics for circuses, rodeos, national statistics for research harmonisation, fishing guidelines research harmonisation, fishing guidelines etcetc

Blocks in place once advances look Blocks in place once advances look likely…likely…

ACT battery hen legislationACT battery hen legislation – – phase out and labelling, problem with Competition Principles Agreement…phase out and labelling, problem with Competition Principles Agreement…

Without the agreement of all States they could not proceed with the will of the people.Without the agreement of all States they could not proceed with the will of the people.(background – see AA website re history: http://www.animalsaustralia.org/default2.asp?(background – see AA website re history: http://www.animalsaustralia.org/default2.asp?

idL1=1272&idL2=1281&idL3=1589 )idL1=1272&idL2=1281&idL3=1589 )And the Productivity Commission’s report: And the Productivity Commission’s report:

http://www.pc.gov.au/study/batthen/index.htmlhttp://www.pc.gov.au/study/batthen/index.html

WTO requirementsWTO requirements

Essential to the WTO’s interpretation of fair trade is that a country cannot effectively Essential to the WTO’s interpretation of fair trade is that a country cannot effectively refuse to import a product that was manufactured in a way that was detrimental or in refuse to import a product that was manufactured in a way that was detrimental or in any way harmful to animals, people or the environment. any way harmful to animals, people or the environment.

In practice, if a nation chooses not to import a product because of an unacceptable In practice, if a nation chooses not to import a product because of an unacceptable production method, that country must either ban the import of the product entirely or production method, that country must either ban the import of the product entirely or accept every import of the product, regardless of production method.accept every import of the product, regardless of production method.

In practice, this means that an egg produced by a hen kept in a battery cage is seen In practice, this means that an egg produced by a hen kept in a battery cage is seen as no different from an egg produced by a hen kept in free range conditions.as no different from an egg produced by a hen kept in free range conditions.

local producers then tend to resist moves to improve animal welfare legislation – local producers then tend to resist moves to improve animal welfare legislation – concerned their increased costs will make them uncompetititive. concerned their increased costs will make them uncompetititive.

Government – Industry alliancesGovernment – Industry alliances Agriculture ministers -Ministers’ conflict of interestAgriculture ministers -Ministers’ conflict of interest. .

Four of the 8 State and Territory Ministers are Agriculture ministers, plus the federal Four of the 8 State and Territory Ministers are Agriculture ministers, plus the federal Minister McGauran. In a general sense their ‘stakeholders’ or ‘clients’ are the Minister McGauran. In a general sense their ‘stakeholders’ or ‘clients’ are the agricultural industries, and the promotion of their product.agricultural industries, and the promotion of their product.

Live export support – Hassall vs Heilbron economic reportsLive export support – Hassall vs Heilbron economic reports

The government (and industry) continues to quote from an economic report by The government (and industry) continues to quote from an economic report by Hassall Pty Ltd.. At the time the Chairman of LiveCorp Peter Frawley was on the Hassall Pty Ltd.. At the time the Chairman of LiveCorp Peter Frawley was on the board of Hassall Pty Ltd. The Hassall report says 9,000 Australian jobs dependent board of Hassall Pty Ltd. The Hassall report says 9,000 Australian jobs dependent upon live export. upon live export.

[Hassall report commissioned by Meat and Livestock Australia Ltd for Livecorp, [Hassall report commissioned by Meat and Livestock Australia Ltd for Livecorp, completed July 2000] completed July 2000]

But – Heilbron says - if the sheep and cattle currently (1999/2000) exported live were But – Heilbron says - if the sheep and cattle currently (1999/2000) exported live were instead processed in Australia, a further approximately $1.5 billion would be added to instead processed in Australia, a further approximately $1.5 billion would be added to Australia’s Gross Domestic Product (GDP), around $250 million more in household Australia’s Gross Domestic Product (GDP), around $250 million more in household income and around 10,500 full time jobs would be created. income and around 10,500 full time jobs would be created.

[[S G Heilbron report ‘Impact of the Live Animal Export Sector on the Australian S G Heilbron report ‘Impact of the Live Animal Export Sector on the Australian Meat Processing Industry’Meat Processing Industry’ commissioned by ‘Australian Meat Processor commissioned by ‘Australian Meat Processor Corporation Limited’ – April 2000 ]Corporation Limited’ – April 2000 ]

[Both reports available from AA][Both reports available from AA]

Government – Industry alliancesGovernment – Industry alliances McGauran Quote re PETAMcGauran Quote re PETA – –

The Federal Government says it will not support the agreement The Federal Government says it will not support the agreement between Australian Woolgrowers Association and People for the between Australian Woolgrowers Association and People for the Ethical Treatment of Animals (PETA), for an end to mulesing.Ethical Treatment of Animals (PETA), for an end to mulesing.

PETA has promised to end its call for a boycott of Australian wool PETA has promised to end its call for a boycott of Australian wool if the industry supports the agreement.if the industry supports the agreement.

But the Federal Agriculture Minister, Peter McGauran, says the But the Federal Agriculture Minister, Peter McGauran, says the Australian industry should stop negotiating with the group and Australian industry should stop negotiating with the group and concentrate on reassuring its customers. concentrate on reassuring its customers.

"PETA should not be elevated to this level of importance, where "PETA should not be elevated to this level of importance, where they seem to have some form of veto over the marketing they seem to have some form of veto over the marketing legitimacy of Australian grown wool," Mr McGauran said. legitimacy of Australian grown wool," Mr McGauran said.

"PETA is irrational, it is implacably opposed to the Australian wool "PETA is irrational, it is implacably opposed to the Australian wool industry and consequently they can't be dealt with."industry and consequently they can't be dealt with."

ABC news report 25/8/05ABC news report 25/8/05

The challenge aheadThe challenge ahead A huge barrier to change has been, and is, A huge barrier to change has been, and is,

the industry-Government alliance.the industry-Government alliance.

Exemptions and cruel practices allowed by Exemptions and cruel practices allowed by existence and content of codes – and must existence and content of codes – and must be challenged.be challenged.

The opportunity is now in all our hands to The opportunity is now in all our hands to capitalise on the surge in community capitalise on the surge in community concern and interest (and consumer concern and interest (and consumer power).power).