Australian Animal Welfare: A Critical Analysis of Regulatory Framework and Case Studies

This research essay critically analyzes the regulatory framework for animal welfare in Australia and discusses two case studies on animal use in scientific research and greyhound racing. It also highlights the need for animal welfare-centric legislation in Australia.

Running head: AUSTRALIAN ANIMAL WELFARE
RESEARCH ESSAY ON AUSTRALIAN ANIMAL WELFARE
Name of the Student
Name of the University
Author Note

1AUSTRALIAN ANIMAL WELFARE
Introduction
Animal welfare is a matter of concern of the State and the federal government which
is often neglected as it rarely finds its mention in the Constitution or Bill of rights of a state1.
Australian Constitution lacks a mention of the rights of the animal and matters related to their
welfare as the commonwealth has never been vigilant about this issue, as maybe for the fact
that animals are not voters and does not exert an influence over the polity of the state. For the
last decade several organisations and institutions has been exerting influence on the federal
government to be more receptive and cooperative in the matters of animal welfare laws. In
this regard, the commonwealth has been more active than ever on this matter even though the
country lacks a support from its constitution in terms of protecting its animals2.
Several supportive regulations have been framed so far in order to hold an influential
position in terms of regulating animal welfare, more importantly matters relating to farmed
animals. Interventions in this matter have enhanced the significance of the matter, which has
increased the responsibility of the state, along with its respect towards the rights of the
animals in the state. However, it is contended that the regulatory frameworks are having
deficiency in different respect, most importantly in relation to the laws and regulations of the
treatment farmed animal. Hence, this research essay will comprise of a critical analysis of the
regulation of animal welfare laws in Australia along with a discussion on two different case
studies, one of which shall be discussing the matters of animal used in research while the
other would be regarding the famous greyhound racing of Australia.
1 Chen, Peter John. Animal welfare in Australia: Politics and policy. (Sydney University Press, 2016)
2 Grandin, Temple, ed. Improving animal welfare: a practical approach. Cabi, 2015

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Regulatory framework for animal welfare
Australia is still lagging behind in terms of legislating an appropriate animal welfare
law at the federal government level, while they are dealt by the states and territories. In this
respect, the Australian Animal Welfare Strategy approached the government and ensured that
every state and territory is to be represented by at least one piece of animal welfare
legislation. A policy regarding the standards of land Transport of Livestock has been
embraced by most Australian states and such states have been handed over the control of
implementing such policies and regulations, hereby regulating and managing the funds for
the cause3. Different regulations from different states have been supportive of the cause with
passing time, like the Prevention of Cruelty to Animals Act 1979 (NSW), the Animal Welfare
Act 1985 (SA), the Cruelty to Animals Act 1986 (Vic), the Animal Welfare Act 1992 (ACT),
Animal Welfare Act 1993 of Tasmania, Animal Welfare Act 2000 of Northern Territory,
Animal Care and Protection Act 2001 (Qld), Animal Welfare Act 2002 (WA)4. All of the
above-mentioned statutes strives to prevent cruelty against animals along with creating duty
of care and associated responsibilities for the owners of the animals. Most of the Animal
Welfare legislations strives to prevent people from unreasonably hurting animals, thereby
putting a strict vigilance over the owner of the animals. Some of these laws even include
certain classes of vertebrates, cephalopods and crustaceans reared for humans to consume as
food products. Abandoning one’s pet animals or the commercial ones is also prohibited under
these legislations. The Animal welfare legislations of different states address various issues
pertaining to the welfare of animals in Australia.
Intensive animal farming, live export of animals, use of animals in scientific
researches, inhuman animal slaughter, excessive animal product consumption, et cetera are
3 Chen, Peter John. Animal welfare in Australia: Politics and policy. (Sydney University Press, 2016)
4 "Department Of Agriculture Animal Welfare Issues", Agriculture.Gov.Au (Webpage, 2019)
<http://www.agriculture.gov.au/animal/welfare/animal-welfare-issues#greyhounds>.

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some of the major animal welfare issues that has been faced by Australia for a long time5.
Statistical data shows that 500-600 animals are being slaughtered in Australia, not only for
food but also due to the diseases affecting the animals that are poorly treated6. Most of these
animals are poorly maintained and are not taken care of. The export of animals have caused a
controversy in the country and abroad as it was held that the animals are not protected by an
appropriate law in the country where they were being shipped. Inhuman slaughter of animals
has been another big issue in the country where questions were raised on the procedures in
which the animals were being slaughtered. It was held by many animal welfare organisations
that the animals should be stunned before they are slaughtered in order to lessen their pain
and suffering of an inhumane death. Apart from these, the issue of animal use in scientific
research has been most vicious and growing one7.
The year 2016 witnessed nearly 12 million animals being used in scientific research
and studies in Australia in a study conducted by Humane Research Australia, an international
organisation for animal welfare8. 75% of these animals word put under observational studies
which could still harm them in some way unlike experimental studies9. The Humane
Research Australia along with the Humane Society international had started a 'Be Cruelty
Free Campaign' in 2016 where the Australian government was made to pledge banning
animal testing in the cosmetics industry10. However, not just in the cosmetic industry but the
use of animal in various other scientific researches is still an ongoing process and is
jeopardizing the Animal welfare Law in the country.
Case Study 1: Animal use for scientific researches and laboratory testing
5 Ibid.
6 "2016 Statistics Of Animal Use In Australian Research And Teaching", Humaneresearch.Org.Au (Webpage,
2019) <http://www.humaneresearch.org.au/statistics/statistics_2016>.
7 Ibid.
8 "2016 Statistics Of Animal Use In Australian Research And Teaching", Humaneresearch.Org.Au (Webpage,
2019) <http://www.humaneresearch.org.au/statistics/statistics_2016>.
9 Ibid.
10 "Humane Society International: About Us: Humane Society International", Humane Society
International (Webpage, 2019) <https://hsi.org.au/aboutus>.

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The Fairfax media discovered evidences regarding certain experimental studies on
baboons were going on a number of Sydney hospitals as well as universities, under a
gimmick of kidney transplant11. This rampant mass act of experimentations on baboons has
been termed as Frankenstein-like surgical experiments, conducted by the help of the
taxpayers' money. It has been found out by the Fairfax media as well that the majority of the
Primates are either imported into Australia in order to conduct scientific experiments on them
or in order to put them under observational studies. These animals have been specifically
bred for conducting Medical research is on them, and therefore are put to inhuman treatment
disregarding their right to be treated fairly12. Institutions like the National Health and Medical
Research Council Baboon Colony in Wallacia and Marmoset and Macaque Colonies in
Victoria, Australia. These animals have been put to varieties of test; however, the institutions
covering such experimental studies have not provided with a detailed report on their use of
the number of Primates so far, along with their refusal to document the number of animal
deaths that is happened due to the adverse result of such researches13. In fact it is of
significance that some animals may have died of the consequences of the harsh experiments
while some had to be killed in order to avoid the chemical reactions that might have changed
the temperament of the animal14.
Certain sting operations have disclosed that the University of Sydney uses baboons
and Marmosets for taking electrophysiological readings of their brains before the creatures
had to be killed, along with removing their eyes out in order to dissect the retinas and study
11 Natalie Brien, "Baboons Used In 'Frankenstein-Like' Medical Experiments", The Sydney Morning
Herald (Webpage, 2019) <https://www.smh.com.au/environment/conservation/baboons-used-in-frankenstein-
like-experiments-in-sydney-20160120-gm9wa8.html>.
12 Natalie Brien, "Millions Of Animals Around Australia Subjected To Experiments And Surgery", The Sydney
Morning Herald (Webpage, 2019) <https://www.smh.com.au/environment/conservation/millions-of-animals-
around-australia-subjected-to-experiments-and-surgery-20160129-gmgown.html>.
13 Natalie Brien, "Baboons Used In 'Frankenstein-Like' Medical Experiments", The Sydney Morning
Herald (Webpage, 2019) <https://www.smh.com.au/environment/conservation/baboons-used-in-frankenstein-
like-experiments-in-sydney-20160120-gm9wa8.html>.
14 Merkes, Monika, and Rob Buttrose. "Increasing the Transparency of Animal Experimentation: An Australian
Perspective." (2019) Animal Experimentation: Working Towards a Paradigm Change. Brill, 224-243.

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them15. Another news of the NSW Health's failure in one of its experiments of an organ
transplant in a baboon's body, where the creature had to be killed due to certain physiological
complications that had arose as the researchers had inserted a pig’s kidney into the baboon’s
body. Another failed experiment killed a pregnant baboon leaving her baby orphan, hello
with killing another baby due to the extreme repercussion of the experiment.
However it has been argued by a Sydney Local Health District's spokesperson that
control the Royal Prince Alfred hospital, thereby also holding a control over the baboon
colony and its experiments that the scientific experiments and researches have significantly
contributed to find the cure for several diseases like complicated diabetes, Vascular disease,
kidney disorders, pre-eclampsia and many others. Another spokesperson from the University
of Sydney commented that the university is trying is best to reduce and replace the use of
animals in scientific researches with the advanced technology that the university is adopting
gradually16. She supported the university's experimental activities by stating that only 8
marmosets were used every year along with following the protocol of anaesthetising the
creatures and then perform the necessary procedures, which did not make them feel any pain.
It has been also argued that the researches on the animals are just a way to find the cure to
severe diseases like cancer, diabetes, epilepsy, blindness and cure to other diseases which
could soon be found out by continuing researches on the animals17.
In this regard cruelty free international researchers have held that it the growing
public concern regarding the use of animals for scientific as well as medical researches is
becoming a highly ethical issue and thereby the pharmaceutical testing on animals can neither
be justified scientifically nor can it be supported ethically. A professor from the Sydney
University co-published an article called Animal Law in Australasia where it has been held
15 Timoshanko, Aaron C., Helen Marston, and Brett A. Lidbury. "Australian regulation of animal use in science
and education: A critical appraisal." (2017) 57.3 ILAR journal 324-332.
16 Ibid.
17 Timoshanko, Aaron C., Helen Marston, and Brett A. Lidbury. "Australian regulation of animal use in science
and education: A critical appraisal." (2017) 57.3 ILAR journal 324-332.

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that the Australians would be mistaken if they believed that the animals are provided
sufficient protection from scientific experiments18. The Fairfax media have been restricted
from deriving information by the NSW health which required the photos videos and other
necessary details of the three baboons, Scar, Conan and Belevedre, as their lives were
uncertain at the hands of the Westmead hospital. However it has been argued by the hospital
authority that they have been taking reasonable steps to secure the safety e of the animals
along with taking the step to inform the public about the updates of the research. It was
further argued by the sports person from Prince Alfred hospital that the animals that their
used have always been complied with the appropriate animal welfare legislation of the
country, along with regular inspection by the workers from Sydney local health District’s
animal ethics committee. Nonetheless the National health and Medical Research Council
holds the view that strict state and territory legislations need to be implemented in order to
ban the use of non-human primates19.
The Prevention of Cruelty to Animals Act 1979 (NSW) could somewhat prohibit the
use of animals in scientific researches and complicated experiments as it lays down
provisions restricting cruelty against animals thereby creating a duty of care for the owners or
users of the animals. The most important factor that drives the legislation is the factor of
cruelty towards the animal that is being inflicted upon them by putting them into do
experiments involving toxic chemicals and painful instruments. Therefore this legislation
came in handy to prohibit the abuses of the poor creatures in the name of advancement of
medical science. Therefore it could be stated that this legislation has been quite effective in
reducing animal use for researches in New South Wales where the percentage of animal use
18 Merkes, Monika, and Rob Buttrose. "Increasing the Transparency of Animal Experimentation: An Australian
Perspective." (2019) Animal Experimentation: Working Towards a Paradigm Change. Brill, 224-243.
19 Ibid.

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has reduced over the years, thereby making the researchers find other ways to carry out the
scientific experiments.
Case study 2: The vicious sports of Greyhound racing
The Australian Greyhound racing industry has been facing extensive animal welfare
issues for a long time now since live baiting has been detected by several Greyhound racers20.
The issues relating to the Greyhound racing is not only limited to the injury that the
greyhounds incur while racing all the euthanasia rates but the administration of the racing
dopes, illegal life baiting has been giving challenges to the Greyhound racing industry in
Australia. The animal welfare enthusiasts have held that there should be a governmental
approach in order to put an end to the Greyhound racing industry all over Australia21. There
have been reports of the greyhounds being killed with the hammer, shot, starve to death as
well as put under shocking cruelty even though the industry is intensely scrutinised by
regulators. There is report of a NSW trainer to have killed an ailing puppy by hitting it with
the hammer in the head. Following the news of such cruelty, the Australian Capital Territory
band Greyhound racing in 2017 but there was no positive intimation regarding the same by
the NSW government. Such cruelty was called out in the public and was stated as 'no place in
Greyhound racing’ thereby barring the trainer from the racing industry altogether. There was
news of another NSW trainer who had starved a Greyhound to death thereby getting
disqualified for a term of 15 years from the racing industry along with being punished with
criminal charges.
2016 July saw New South Wales premier Mike Baird to have announced the ban of
Greyhound racing in NSW along with banning the breeding of the dogs for racing from July
1 due to the immense cruelty in the Greyhound racing industry. It was also announced that
20 "Ban Greyhound Racing Australia-Wide!", Animalsaustralia.Org (Webpage, 2019)
<https://www.animalsaustralia.org/take_action/ban-greyhound-racing>.
21 Ibid.

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the Greyhound racing tracks would be renovated into to public lands after consulting with the
Special Commission of Inquiry. Such decisions were taken in regard to the killing of 48000
greyhounds in the past 12 years as the dogs were not fast enough for the industries standard
as held by Troy Grant, the Racing Minister. The organisations of animal rights and welfare
have praised the decision taken by the NSW government. However to everyone’s surprise,
Mike Baird revoked the ban on Greyhound racing as he mentioned that the community asks
for a second chance for the greyhound racing industry22. In addition, Luke Foley, the NSW
opposition leader has been trying his best to reverse the ban and give the industry another
chance23.
The Prevention of Cruelty to Animals Act have been enforced by the animal welfare
enthusiast to restrict the ban from being reversed by the political leaders, in order to appease
the Greyhound racers, trainers and the selected handful people in the community who relish
the sports in spite of the fact that the animals are put under immense cruelty and neglect24.
However, the legislation was not sufficient to restrict the reversal of the ban, as it lacks
specific provisions to protect the Greyhounds from the racing industry or their owners. The
legislation requires specific provisions in order to ban Greyhound racing or at least protect
the poor creatures from being neglected by their owners25. The legislation in this matter
should be driven by factors like duty of care of the owners toward their pets along with
addressing the neglect and the cruelty that drives the Greyhound racing industry.
Conclusion
22 "'I Got It Wrong': Baird Confirms Backflip On Greyhound Ban", ABC News (Webpage, 2019)
<https://www.abc.net.au/news/2016-10-11/greyhound-ban-baird-government-confirms-backflip/7921000>.
23 Ibid.
24 Prevention of Cruelty to Animals Act 1979 (NSW)
25 Timoshanko, Aaron C., Helen Marston, and Brett A. Lidbury. "Australian regulation of animal use in science
and education: A critical appraisal." (2017) 57.3 ILAR journal 324-332.

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Therefore, it could be held that Australia needs animal welfare issue centric
legislations that would work much more effectively in order to restrict the cruelty and neglect
towards the poor animals that are either used for commercial purpose like intensive farming
or for putting them as live bait in racing. The country requires astringent law that would
restrict scientific researches and experiments to be done on the animals that puts them into
immense pain and suffering. Animals that are bred only for the purpose of being used for
making money or as an experimental guinea pig should be protected by a relevant legislation
which should have its jurisdiction on over Australia and not just confined to a particular state
or territory. In this regard issues like intensive animal farming, live export of animals,
inhuman animal slaughter, use of animals in scientific research should be dealt with particular
legislations addressing each issue differently so that it could protect the welfare of the
animals along with holding the offenders strictly liable for their vicious activities of
neglecting old being cruel to the poor animals.

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Bibliography
Books and Journals
Chen, Peter John. Animal welfare in Australia: Politics and policy. (Sydney University Press,
2016)
Grandin, Temple, ed. Improving animal welfare: a practical approach. Cabi, 2015
Merkes, Monika, and Rob Buttrose. "Increasing the Transparency of Animal
Experimentation: An Australian Perspective." (2019) Animal Experimentation: Working
Towards a Paradigm Change. Brill, 224-243
Timoshanko, Aaron C., Helen Marston, and Brett A. Lidbury. "Australian regulation of
animal use in science and education: A critical appraisal." (2017) 57.3 ILAR journal 324-332
Legislation
Prevention of Cruelty to Animals Act 1979 (NSW)
Websites and Online Newspapers
"2016 Statistics Of Animal Use In Australian Research And
Teaching", Humaneresearch.Org.Au (Webpage, 2019)
http://www.humaneresearch.org.au/statistics/statistics_2016
"Ban Greyhound Racing Australia-Wide!", Animalsaustralia.Org (Webpage, 2019)
https://www.animalsaustralia.org/take_action/ban-greyhound-racing
"Department Of Agriculture Animal Welfare Issues", Agriculture.Gov.Au (Webpage, 2019)
<http://www.agriculture.gov.au/animal/welfare/animal-welfare-issues#greyhounds>
"Humane Society International: About Us: Humane Society International", Humane Society
International (Webpage, 2019) https://hsi.org.au/aboutus

11AUSTRALIAN ANIMAL WELFARE
"'I Got It Wrong': Baird Confirms Backflip On Greyhound Ban", ABC News (Webpage,
2019) https://www.abc.net.au/news/2016-10-11/greyhound-ban-baird-government-confirms-
backflip/7921000
Brien, Natalie, "Baboons Used In 'Frankenstein-Like' Medical Experiments", The Sydney
Morning Herald (Webpage, 2019)
https://www.smh.com.au/environment/conservation/baboons-used-in-frankenstein-like-
experiments-in-sydney-20160120-gm9wa8.html
Brien, Natalie, "Millions Of Animals Around Australia Subjected To Experiments And
Surgery", The Sydney Morning Herald (Webpage, 2019)
https://www.smh.com.au/environment/conservation/millions-of-animals-around-australia-
subjected-to-experiments-and-surgery-20160129-gmgown.html