Introduction to Animal Law
Steven White
Lecturer, Griffith Law School
Consultant, Couper Geysen Lawyers
AELA – Voiceless – Griffith University Seminar:
Protecting our evolutionary companions - do our laws measure up?
Monday 12 May 2014
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Overview
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This presentation will:
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address the question ‘what is animal law?’
describe the development of animal law in
Australia and internationally.
canvas some of the key principles and
issue areas in animal law.
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What is Animal Law?
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In the broadest sense:
 legal doctrine in which the legal, social or
biological nature of nonhuman animals is an
important factor (Schaffner, An Introduction to
Animals and the Law).
 consistent with a ‘black letter’ approach to
law.
 focus on established doctrinal categories (eg
property, contract, torts, administrative law,
succession etc) and identify legislation and
cases which in any way concern animals.
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What is Animal Law? (cont)
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In a narrower sense, focus on animal
protection:
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places the animal at the centre of legal consideration.
concerned to improve the legal status and/or
protection of animals.
draws on non-legal disciplinary knowledge including:
 animal welfare science (scientific study of animal
behaviour/sentiency);
 ethics;
 politics/political theory; and
 sociology.
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Development of Animal Law
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In the United States:
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first taught in 1986 in one law school, has now been taught
in more than 100 law schools.
Center for Animal Law Studies (Lewis & Clark Law School,
Portland, Oregon) – offers a suite of courses in animal law.
number of law journals established including:
 Animal Law Review;
 Journal of Animal and Environmental Law;
 Journal of Animal Law; and
 Stanford Journal of Animal Law and Policy.
comparatively well-resourced advocacy organisations:
Animal Legal Defense Fund; Humane Society of the United
States; PETA.
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Development of Animal Law (cont)
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In Australia:
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first offered by UNSW in 2005. Thirteen
universities offer or have since offered animal law:
Adelaide, ANU, Bond, Flinders, Griffith, Macquarie,
Melbourne, SCU, Sydney, Tasmania, UNSW, UTS &
Wollongong.
Australian Animal Protection Law Journal
established in 2008.
a plethora of new texts (see over), as well as a
freely accessible e-book: Animal Law: Principles
and Frontiers (Graeme McEwen, 2011
http://bawp.org.au/animal-law-e-book/) .
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Development of Animal Law (cont)
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Animal Law in Australasia (2nd
ed, 2013; 1st ed 2009)
Animal Law in Aust (2011)
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Humanising Animals, Civilising
People (2012)
Animal Law in Aust & NZ (2010)
Development of Animal Law (cont)
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Animal law practice and/or advocacy:
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Voiceless.
Barristers Animal Welfare Panel (national).
BLEATS (Qld).
Animal Welfare Community Legal Centre
(Tas).
Pro Bono Animal Law Service (PILCH in Vic
and NSW).
Couper Geysen Lawyers (Brisbane) – first
private practice firm in Australia to specialise
in animal law.
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Foundation Principles in Animal Law
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First things first:
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Why and how do animals matter?
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a moral/ethical question.
obligations owed to animals:
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animal welfare: prevailing approach - humane
treatment only to extent doesn’t interfere with human
interests, even where those interests trivial.
animal interests: weigh up human and animal interests,
without devaluing animal interests.
animal rights: cognition and/or sentiency of animals
demands recognition of animals as bearers of rights.
many other ways of thinking about why we have
obligations to animals: kinship, antidiscrimination,
capabilities, etc.
Foundation Principles in Animal Law (cont)
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What is an ‘animal’ in law?
 detailed definition in Animal Care and Protection Act
2001 (Qld) (ACPA) ss 11(1) & (2) .
 differs from jurisdiction to jurisdiction.
Legal status of animals
 animals as personal property (animals are not
‘legal’ persons) – objects of ownership.
 should legal status of animals be modified?
 note Nonhuman Rights Project in the US – focus on
court recognition of legal personhood for
chimpanzees, elephants and dolphins (first cases
filed in late 2013)
(http://www.nonhumanrights.org/)
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Foundation Principles in Animal Law (cont)
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Central feature of animal protection law:
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protection varies according to setting
 eg a rabbit might be a companion animal
(highest level of protection), farm animal
(limited protection), research animal (very
limited protection) or “pest” (very limited
protection).
 same animal, same sentiency/cognition –
different legal protection in different
settings. How is this possible?
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Key Legislation
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Animal welfare largely a matter for States and
Territories (except live export), but there is a
push for nationally consistent approach.
In Queensland:
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prohibition against cruelty (s 18 ACPA) and duty of
care imposed (s 17 ACPA).
prohibition against aggravated cruelty: proposed by
A-G late March 2014.
key phrasing: “no unreasonable pain or suffering”, but
what is “unreasonable”? Flexible term, meaning can
vary over time but rarely tested in Australian courts.
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Key Legislation (cont)
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Sections 17 & 18 nominally apply to all
animals.
However:
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exemptions from ss 17 & 18 offences, including where
compliance with a code of practice/standards and
guidelines: ss 38, 40 ACPA and s 2 and Schs 1-3 of the
ACP Regulation 2012.
what does this mean? Practices which otherwise
would be “cruel” are legal, so long as included in a
code of practice/ standards and guidelines (eg beak
trimming, sow stalls, mulesing etc).
key issue: who prepares codes of practice/standards
and guidelines?
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Issues in Animal Law
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Companion animals:
overwhelmingly regarded as ‘members of the
family’.
 in strict legal terms best protected of nearly
all categories of animal but range of issues:
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cruelty/duty of care + sentencing
overpopulation
puppy farming
dangerous dogs
succession
veterinarian liability for malpractice
pet custody disputes
Issues in Animal Law (cont)
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Farm animals:
cruelty and welfare, including in factory
farming and live export.
 exemption from cruelty prohibition and duty of
care obligations where compliance with code
of practice/standards and guidelines (see
earlier slide).
 currently shifting from codes of practice to
national standards and guidelines.
 labelling – inconsistent approaches/lack of
clarity.
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Issues in Animal Law (cont)
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Animals used in research:
regulated by Australian code for the care and
use of animals for scientific purposes 8th
edition (2013).
 defence to cruelty offences where compliance
with the Australian code: ACPA s 40.
 role of Animal Ethics Committees,
transparency/accountability.
 meta-studies of research effectiveness
increasingly calling into question
necessity/usefulness of much animal research.
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Issues in Animal Law (cont)
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Wild animals:
 protection,
farming and killing of native
species.
 killing of so-called ’feral’ or ‘pest’ animals.
 intersection with environmental law:
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conservation legislation can have significant
implications for animal welfare: see, eg,
Environment Protection and Biodiversity
Conservation Act 1999 (Cth).
conflict between animal protection law and
environmental law?
Role of Commonwealth
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Traditionally limited role, but increasingly more
significant from 1970s.
Commonwealth:
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largely regulates live export.
until last year funded and coordinated Australian Animal
Welfare Strategy, with major goal of nationally consistent
approach to animal welfare.
coordinates codes of practice and, more recently,
preparation of Australian Animal Welfare Standards and
Guidelines.
need for federal legislation and Independent Office of
Animal Welfare?
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