STRENGTHENING ANIMAL WELFARE - DISCUSSION PAPER
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DISCUSSION PAPER
STRENGTHENING ANIMAL WELFARE
IN WESTERN AUSTRALIA
EMPOWERING CONSUMERS • WORKING WITH INDUSTRY • PROTECTING THE VOICELESS
Discussion Paper: Strengthening
Animal Welfare in Western Australia
An overview of current issues in animal welfare, explaining
why these issues are of increasing importance to Western
Australians and suggesting what can be done by WA
April
Page 1 2012 Strengthening Animal Welfare in Western Australia
Labor to improve animal welfare in this State.
Table of Contents
1. Executive summary 3 7. Live Export 28
1.1 WA Labor’s Commitment to Animal Welfare 3 Recommendations 29
2. Key Recommendations 4 8. Parliamentary Response 30
Findings 31
3. Introduction 6 Recommendations 31
3.1 Scope of this paper 7
3.2 Animal welfare in Western Australia 8 Appendix 1
3.3 Legal Framework 9 WA Labor Platform 2011 32
3.4 Definitions 10
3.5 Public Opinion 11
4. Companion Animals 13
Findings 13
Recommendations 13
4.1 Dogs 13
Findings 15
Recommendations 15
4.2 Cats 15
Findings 16
Recommendations 16
4.3 Horses 17
Findings 17
Recommendations 17
5. The Cruelty Connection 18
Findings 19
Recommendations 19
6. Stock Animals 20
6.1 Intensive food production versus humane food 20
Findings 21
Recommendations 21
6.2 Layer Hens 22
Findings 23
Recommendations 23
6.3 Labelling 24
Co-op Case Study 26
Findings 27
Recommendations 27
Photos courtesy Houndstooth Studio
Page 2 Strengthening Animal Welfare in Western Australia
1. Executive Summary
WA Labor presents this discussion paper WA Labor will work in consultation with the
as a catalyst for community consideration, community and stakeholders to develop a
discussions and debate on how we can build Western Australian Animal Welfare Strategy.
on our strong track record on animal welfare in A Western Australian Animal Welfare Strategy
Western Australia. This is not a policy paper; would dovetail with the Australian Animal
it is a paper calling for public comment as WA Welfare strategy but would seek to go further
Labor considers policies for the next Western in the protection that it offers our animals.
Australian State election (March 2013). This strategy would include a review of the
performance of the Animal Welfare Act 2002
The paper presents an overview of some (AWA 2002) and its regulations. One issue
challenges that are currently the focus of those requiring investigation is the benefits of giving
concerned with improving the wellbeing, health RSPCA General Inspectors the power to issue
and welfare of companion and stock animals in infringement notices.
Western Australia.
WA Labor invites comments on the contents
WA Labor recognises that there are more of this paper. We welcome the opportunity to
challenges to be met in animal welfare than present the contents to interested members of
are covered by this paper and will continue the public. Contact details on where to send
to identify and address these based on submissions are included on page 31.
consultation, feedback and research.
1.1 WA Labor’s Commitment to Animal
This paper outlines WA Labor’s track record Welfare
while reaffirming our commitment to animal
welfare. It also describes the current situation WA Labor has been instrumental in introducing
for animal welfare in Western Australia, including laws and regulations to protect animals. Under
descriptions of prevention, punishment, and the leadership of Premier Dr Geoff Gallop,
definitions for cruelty and neglect and how the State Government proclaimed the Animal
current public opinion is responding to these Welfare Act in 2002, replacing the previous
issues. Prevention of Cruelty to Animals Act of 1920.
The AWA 2002 contains some of the harshest
It presents a number of animal welfare issues penalties for animal cruelty in Australia. It
that WA Labor could address in government. contains a maximum fine of $50,000 and
The paper includes a discussion of an overall a maximum of five years’ imprisonment for
framework through which each of these issues serious crimes against animals.
may be strategically approached.
Animal welfare is a matter of great concern for
the Western Australian community. It is related
to aspects of healthy child development,
individual health and community well-being.
There are well-established links between cruelty
towards animals and domestic/family violence.
Children exposed to cruelty and the torture
of animals are more likely to show violent,
aggressive behaviours themselves. This link,
known as the ‘cruelty connection’, is described
in more detail later in the paper.
Page 3 Strengthening Animal Welfare in Western Australia
Executive Summary (cont) 2. Key Recommendations
On 25 June 2011 the WA Labor State WA Labor in Government to consider
Conference unanimously agreed to a new progressing the following recommendations:
policy platform on animal welfare to direct the
work of future WA Labor governments. Details 1. Establish an Animal Welfare
of the platform are attached to this discussion Administration Board to have oversight
paper. and inquire into matters of animal
welfare.
Since the promulgation of the AWA 2002 the
social ethics around animal welfare and animal 2. Create a Western Australian Animal
cruelty have continued to develop. There has Welfare Strategy. The strategy will
been an escalation in community awareness dovetail with the Australian Animal
about animal cruelty and despite the strengths Welfare strategy but must go further and
of the current Act, a commensurate increase in be stronger in the protection that it offers
the demand for animals to be better protected. our animals.
Consumers are demanding more information
The Western Australian Animal Welfare
about how animals destined for the dinner
Strategy would be developed to address
table are treated during their lives and when
the urgent animal welfare issues raised in
they are slaughtered. There is now a demand
this discussion paper and identify the best
for further improvements to strengthen and
ways to proceed in relation to improving the
expand the scope of animal welfare protection.
welfare of our animals.
This growing expectation and call for change is
not unique to Western Australia. It is echoed by The following ideas are worthy of further
people in other States in Australia and around research for inclusion in a Western Australian
the world. Animal Welfare Strategy:
Work with industry associations (eg
Pet Industry Association, the Australian
Veterinary Association and animal
welfare groups etc) to develop a code of
practice for pet shops that sell animals.
Page 4 Strengthening Animal Welfare in Western Australia
Key Recommendations (cont)
Introduction of a dog breeder unambiguously identifies foods which
identification system in Western Australia have been humanely produced.
to prevent unscrupulous breeders from
selling sick puppies. The harmonisation 3. Review the Animal Welfare Act 2002 with
of laws across the country addressing terms of reference to include:
this issue should be encouraged. In
Determining how successful the AWA
reviewing the AWA 2002, consideration
2002 has been in protecting our animals;
be given to the impact of the Act on
protecting puppies/dogs and other Identifying gaps in and ways of
companion animals, and, if necessary, strengthening the Act;
ways to strengthen the Act on this issue.
Fully funding the Animal Welfare Unit
Investigate the best way of ensuring and separate it from the Department of
the expansion of the work of non- Agriculture and Food; and
government agencies to improve the
welfare of cats in Western Australia Reviewing the regulations that sit
under the new Cat Control Legislation. under the AWA 2002, including the
identification of gaps in the regulations.
Provide appropriate interventions for
juveniles who are caught being cruel to 4. Build local jobs and local industry by
animals. assisting the live export industry to
diversify its base. This includes:
Bring key agencies together to establish
links that will benefit the welfare of Working with overseas trade offices
children and animals (see section 5: The to promote new markets for Western
Cruelty Connection). Australian chilled and frozen meat;
Commence discussions with Working with the Commonwealth
stakeholders to plan for improvements Government to promote chilled meat
in the welfare of horses, ponies, donkeys from animals humanely transported and
and mules. slaughtered in Australia; and
Remove horse meat from the Pursuing, as part of trade negotiations,
Department of Health’s list of food the elimination of policies of foreign
allowed for human consumption. governments, such as tariffs and
subsidies, that distort competitive
Work with stakeholders to reduce neutrality between meat processing and
intensive farming in favour of humane the live export industry.
food production.
Work with stakeholders to move the egg
industry to the use of enriched cages or
away from the use of cage systems for
laying hens across Western Australia.
Introduce a properly standardised
and regulated “truth in labelling” food
labelling system which clearly and
Page 5 Strengthening Animal Welfare in Western Australia
“One can measure the
greatness and the moral
progress of a nation by
looking at how it treats
its animals...” Mahatma Gandhi
3. Introduction
WA Labor presents this discussion paper This paper highlights that while much has
as a catalyst for community and industry already been done and is being done in Western
discussions on how we can build on our Australia to protect animals, those efforts remain
strong track record in animal welfare in underfunded and fragmented due in part to a
Western Australia. This is not a policy paper; lack of attention this issue has received from
it is a paper calling for public comment as WA decision makers in our State. There has been a
Labor considers policies for the next Western serious lack of commitment shown to the issue
Australian State election (March 2013). by the Barnett Government.
The paper highlights developments in It was the WA Labor Gallop Government that
community attitudes and social ethics introduced the current Animal Welfare Act
concerning the protection of animals in our 2002, which is one of the strongest pieces
society. It also identifies some of the gaps in of legislation of this type in Australia when it
animal protection laws and suggests which of comes to protecting animals.
these most urgently require our attention. Most
importantly, the paper identifies the issues, However, instances of cruelty and neglect of
priorities and strategies that WA Labor will animals in Western Australia continue to occur.
consider in preparation for the 2013 State We simply must do more. WA Labor must
election. build on our already strong track record to
help create an environment where animals are
Page 6 Strengthening Animal Welfare in Western Australia
Introduction (cont)
protected from cruelty through increased public 3.1 Scope of This Paper
education, better detection of instances of
cruelty or neglect, stronger prevention methods Animals are part of our everyday lives, whether
and prosecution of offenders. we live in the city or in rural areas.
This paper shows that public opinion supports We have animals as pets. Some people bet
measures to prevent animal cruelty in all settings on horse or dog races. We drink milk from
where animals play a role in our lives. We know farm animals such as cows and goats and eat
from studies that the public does not condone eggs from chickens and meat from animals.
cruelty towards companion animals and is We carry leather bags and wear leather shoes
now increasingly less inclined to accept cruel and woollen garments. It is rarely possible to
treatment towards animals farmed for human live our daily lives without coming into contact
consumption (see Section 3.6: Public Opinion). with animals or animal products. In that sense,
we would argue that everyone should be
This paper notes that an increasing number of concerned about animal welfare and have an
consumers care how the animals that produce interest in prevention of cruelty and punishment
their eggs, milk and meat are treated on the of those who are cruel to animals.
farm and when they are slaughtered. It is no
longer a case of ‘out of sight, out of mind’. There are at least six main settings in which
cruelty towards or neglect of animals is an
There is increased public awareness of what is issue:
called ‘The Cruelty Connection’, where juveniles Animals in social settings/companion
and adults who are cruel and neglectful of animals;
animals are more likely than those who are
more respectful of animals to be involved in Stock animals bred and reared for food
violence towards others. It is one more reason or other products eg skin and wool;
to be concerned about cruelty towards animals Animals used for legalised sport such as
and to introduce preventative measures. horse and dog racing, equestrian events
and pigeon racing;
This paper does not seek to provide definitive
solutions. It seeks to encourage discussion by Animals used for scientific experiments;
industry and community on the above issues to Wild animals, whether native or
help develop a platform for action leading up to introduced; and
the March 2013 election.
Aquatic animals and fish.
Page 7 Strengthening Animal Welfare in Western Australia
Introduction (cont)
WA Labor acknowledges each of the settings compliance enforcement responsibilities. It is a
described above and recognises that there confusing system.
will be a need to develop specific strategies
to address each category where neglect and While the majority of animal welfare issues
cruelty towards animals is likely to occur. are regulated at a State level with some input
required at local government levels, international
This paper focuses on the welfare of animals factors such as quarantine and trade fall within
in the first two settings. We also consider that the Commonwealth Government’s regulatory
industry and the community should contribute responsibility.
to planning for policy into the next state election.
For example, Commonwealth Government
agencies have control over the treatment of
animals involved in the live export
3.2 Animal welfare in trade once they are loaded onto
Western Australia ships for export. This means
that any incidents of cruelty to
In Western Australia the majority
sheep and other livestock that
of animal welfare issues,
particularly those affecting pet “Each year, the are shipped from Fremantle
on a regular basis may only be
and companion animals, are
regulated under the Animal
RSPCA in WA dealt with by Commonwealth
Government agencies. But
Welfare Act 2002. Since 2002, investigates even this demarcation may be
nothing has been done to
update or strengthen the animal on average questioned. For example, some
commentators have argued that in
welfare legislation despite cruelty
continuing to occur and public
between 3,000 past determinations (for instance,
the ‘Al Kuwait’ case where
opinion indicating increasing and 4,000 thousands of sheep died in transit)
support for tougher action.
complaints there is a strong counter argument
that State law applies at least to
Each year, the Royal Society
for the Prevention of Cruelty to about cruelty.” the limit of State jurisdiction which
Animals (RSPCA) in Western is at 12 nautical miles.
Australia investigates, on
Monitoring the welfare of these
average, between 3,000 and
animals during their transportation
4,000 complaints about cruelty.
from the farm gate to the harbour,
The vast majority involve cruelty
port or feed-lot, and while they are
to dogs, followed by cats, horses,
being loaded on ships, is the responsibility of
livestock and others, including wild animals.
the Animal Welfare Unit (AW Unit). The Barnett
One of the significant factors leading to poor Government recently moved the AW Unit from
outcomes in many animal welfare issues the Department of Local Government into the
in Western Australia is the different legal Department of Agriculture and Food (June
jurisdictions under which animal welfare 2011). It is not clear how animal welfare will be
is controlled in Western Australia and monitored or the AWA 2002 enforced through
throughout Australia. These differences involve that department. The efforts of volunteer groups
jurisdictional issues across federal, State and and charities such as Animals Angels and the
local government spheres and also imbalances RSPCA WA are therefore critical in identifying
with the levels of government responsibility and and reporting incidents of cruelty.
Page 8 Strengthening Animal Welfare in Western Australia
Introduction (cont)
The specific welfare of companion animals policy framework.
– dogs, cats and other domestic pets –
tends to be covered by State animal welfare 3.3 Legal Framework
legislation and is regulated through ‘animal
The legal framework that is currently in place in
management’ requirements often enforced by
Western Australia to protect animals relies on
local government authorities. Generally, local
remedies that may be pursued ‘after the fact’.
laws covering ‘animal management’ focus
That is, the act of cruelty cannot be prevented
on maintaining neighbourhood amenity and
– it can only be punished. Some argue that
preventing neighbourhood nuisances, such as
this is an inherent failure of having a regulatory
dust, smell and noise and do not directly focus
system for animal welfare reliant on criminal
on the welfare of the animals involved.
prosecution. For a comprehensive discussion
This complexity and lack of clarity and on this issue, Geoffrey Bloom has produced a
transparency in the protection of animals paper entitled “Regulating animal welfare to
concerns stakeholder groups. The community promote and protect improved animal welfare
has responded by trying to identify gaps in outcomes under the Australia Animal Welfare
protection and created hundreds of volunteer Strategy (AAWS)”, delivered at the AAWS
groups to fill these gaps. Examples include International Animal Welfare Conference on the
highly reputable groups such as the Cat Haven, Gold Coast on 1 September 2008.
Dogs Refuge Home and Second Chance Horse
Charities and non-government organisations
Rescue.
concerned with animal welfare often incorporate
Volunteer groups are forced to play an preventative, educative and early intervention
increasing role in monitoring animal welfare due strategies into their missions. Community
to lack of government support and funding. expectations about the need to better protect
The situation has worsened under the Barnett animals increases as consumer awareness
Liberal National Government. increases. These organisations find their
resources being stretched to the limit as they
For these reasons, the animal welfare system attempt to do more to prevent animal cruelty
across Australia and within Western Australia and neglect, rather than just punish it after it
is more of a patchwork quilt than a strategic happens.
“...the animal welfare system
across Australia and within
Western Australia is more
of a patchwork quilt than a
strategic policy framework.”
Page 9 Strengthening Animal Welfare in Western Australia
Introduction (cont)
3.4 Definitions reconstituted as the United Kingdom’s Farm
Animal Welfare Committee (1 April 2011), states
The following definition of animal welfare comes in its report to the United Kingdom Government
from the World Organisation for Animal Health in March 2011 that the minimum standard of
(OIE): farm animal welfare should be set at the test
of whether an animal has a ‘life worth living’.
‘Animal welfare’ means how an animal is
It argues that it would be a sad reflection on
coping with the conditions in which it lives.
government policy and commercial practice if
An animal is in a good state of welfare if (as
the intention was not to give each and every
indicated by scientific evidence) it is healthy,
farm animal a ‘life worth living’.
comfortable, well nourished, safe, able to
express innate behaviour and
is not suffering from unpleasant
states such as pain, fear and “Volunteer groups are forced to play
distress. Good animal welfare
requires disease prevention and
an increasing role in monitoring animal
veterinary treatment, appropriate welfare due to lack of government
shelter, management, nutrition, support and funding.”
humane handling and humane
slaughter/killing. Animal welfare
refers to the state of the animal;
the treatment that an animal
received is covered by other
terms such as animal care,
animal husbandry, and humane
treatment.”
Under this definition, if an animal is
not treated in the manner described
by the OIE, then it may be said that
the animal has been treated with
cruelty or neglect.
There is increasing public criticism
of this definition and the international
standards to which it is linked. For
example, the OIE standards fail to
demand the use of ‘stunning’ when
an animal is slaughtered. The new
WA Labor platform policy states that
livestock be transported, unloaded,
held and slaughtered in accordance
with OIE guidelines and stunned
using appropriate humane restraints
immediately before slaughter.
The United Kingdom’s Farm Animal
Welfare Council (FAWC), now
Page 10 Strengthening Animal Welfare in Western AustraliaIntroduction (cont)
The words ‘neglect’ and
‘cruelty’ are often confused
when applied to animals.
However, the result of a
person being either neglectful
of the needs of animals in
their care or cruel to animals
in their care may have similar
outcomes for the animals
concerned and for the
legal outcomes that can be
expected under Western
Australian laws.
Neglect may be described as
where a person, or persons,
overlooks the basic needs
of the animal. It is commonly
seen in companion pet
ownership and husbandry.
Historically, this is usually
associated with a failure to Tortures, mutilates, maliciously beats or
provide food, water or shelter. wounds, abuses, torments or otherwise ill-
treats the animal;
There may be many motives to explain why
a person neglects an animal. Sometimes Transports the animal in a way that causes,
the motive may come from ignorance of the or is likely to cause, the animal unnecessary
animal’s needs and what is required in terms harm;
of good animal husbandry or veterinary care. Confines, restrains or catches the animal in
In other cases, the reasons may be related to a manner that is prescribed in regulations,
a person finding that they do not have, or no or causes, or is likely to cause, the animal
longer have, the financial means to look after unnecessary harm;
an animal. In some cases, the person neglects Works, drives, rides or otherwise uses the
the animal in their care to save money. When animal when it is not fit to be used in a
this is deemed to be the case, neglect may be manner that causes, or is likely to cause the
interpreted as cruelty. animal unnecessary harm;
Fails to provide proper and sufficient food or
In law, intent is a key component in defining
water for the animal;
what is cruel. In the past the definition of cruelty
has been constrained to the circumstances Fails to provide shelter and shade;
in which an animal is kept and applied to Abandons an animal;
people who knowingly cause the animal pain Uses a prescribed inhumane device on the
or suffering. Currently, scientific research is animal;
aligning with consumer demand to expand this Intentionally or recklessly poisons the
definition of cruelty. animal; or
The AWA 2002 defines cruelty as when a Allows captive animals to fight with each
person: other.
Page 11 Strengthening Animal Welfare in Western AustraliaIntroduction (cont)
3.5 Public opinion The results of a recent study by Coles
Supermarket can be seen in the graph below.
People are becoming much more sophisticated They clearly indicate that regardless of whether
in their understanding of issues of cruelty, a consumer is metropolitan or regionally based,
neglect and the humane treatment of animals. they support food production which is more
humane for animals.
Studies have demonstrated that the welfare
of farm animals is no longer ‘out of sight, out As a result, this paper will focus on the consumer
of mind’ as far as the public is concerned. demand for information on the processes of
An increasing number of consumers are food production.
demanding more information at point of sale
about how animals are treated in the production
of meat and other animal products.
3.7 Graph – Support for Humane Food provided by Coles Group Market Research,
February 2011
I support food production which is more humane for animals
Page 12 Strengthening Animal Welfare in Western Australia4. Companion Animals
WA Labor recognises that companion pets 2008. This pet shop code was developed
play a central role in the family life of many in consultation with the pet shop industry,
Australians. Dogs and cats are hugely popular dog and cat interest groups, animal welfare
companions to many of us. There is also a organisations, the Queensland Government
growing body of research demonstrating and the Australian Veterinary Association, with
the health benefits of owning a pet or having community input through a public consultation
access to a companion animal, for instance, process.
in retirement homes and aged care facilities.
Finding: The health and welfare of
Currently Western Australia has no code of
companion animals being sold in Western
practice to cover the retailing of pets, particularly
Australia through pet shops is currently not
dogs and cats, thereby reducing the risk of
protected by a code of practice.
pets becoming unwanted or the breeding of
unwanted litters.
A pet shop code would provide guidelines for
the care and management of cats, dogs and Recommendation: WA Labor in
other animals sold through pet shops. Government to work with industry
associations (eg Pet Industry Association,
A code would also encourage retailers to ensure the Australian Veterinary Association and
that purchasers take home a pet that is healthy animal welfare groups) to develop a code of
and suitable to their current and anticipated practice for pet shops that retail animals.
lifestyle and not contribute to overpopulation.
Retailers can best assure the health and welfare
of pets by sourcing animals from breeders that
operate to acceptable standards. 4.1 Dogs
Pet retailers can also reduce the risks of pets Despite the provisions of the AWA 2002,
or their offspring becoming unwanted by cruelty to dogs remains the highest reported
ensuring that all cats and dogs are desexed type of cruelty in Western Australia. While
and microchipped. the RSPCA does its best to investigate and
prosecute instances of cruelty, there remains a
Retailers should fully inform purchasers of their largely underground and unrestricted trade in
pets’ needs, their community obligations and dogs through unscrupulous and unregistered
the requirements of pet ownership. breeding.
Ideally, a pet shop code would contain We acknowledge that most reputable dog
guidelines on providing new owners with breeders, especially those who affiliate with
advice about breeding control, appropriate formal industry associations, strive to ensure the
management of pet behaviour, registration and health of the dogs they breed and the integrity
identification. Compliance with the pet shop of the pedigree. Their businesses depend
code would demonstrate to the community that on the quality of their reputations, which are
the pet shop industry is meeting community enhanced through setting and maintaining the
expectations for pet welfare. highest standards for the animals they sell.
The ‘Queensland code of practice for pet shops’ Recently, the community has been made aware
(the pet shop code) was released in December of some problems in the pet industry that have
Page 13 Strengthening Animal Welfare in Western AustraliaCompanion Animals (cont)
very negative consequences
for the welfare of these
“...unscrupulous was infected at the time the
puppy was sold. The Channel
companions. These include breeders are 9 story highlighted what has
the existence of ‘puppy farms’ proven a significant challenge
where mass-bred puppies are running their for the RSPCA, which has
produced from dogs kept in
cruel conditions; pet shops
businesses at the been unable to prosecute such
breeders.
and backyard dealers buying expense of the Puppy farms, sometimes called
puppies from eastern states
puppy farms and transporting health and welfare puppy factories or puppy mills,
are defined by the RSPCA as:
them to Western Australia
in poor conditions and
of the dogs they
without proper health checks; breed for profit.” “An intensive dog breeding
facility that is operated under
poor ‘backyard’ breeding
inadequate conditions that fail
practices that cause genetic
to meet the dogs’ behavioural, social and/
weaknesses, mutation and/or disease; and
or physiological needs.”
the export of dogs and puppies internationally
to countries where they are kept in dreadful Puppy farms tend to be large-scale commercial
conditions and killed for human consumption. operations, however, inadequate conditions
may also exist in small-volume dog-breeding
In 2009, Channel 9, A Current Affair highlighted
establishments.
some of the problems associated with
unscrupulous, unaffiliated dog breeders based It is yet to be established how many of these
in Western Australia by revealing how some puppy farms are operating in Western Australia.
breeders were selling puppies infected with the The RSPCA indicates they have no doubt that
parvo virus. they exist here and that unscrupulous breeders
are running their businesses at the expense of
Western Australia’s current animal welfare laws
the health and welfare of the dogs they breed
do not include an offence to cover the act of a
for profit. The only recourse for consumers who
sick puppy being sold to a consumer, unless
unknowingly purchase a sick animal is to take
it is proven that the breeder knew the puppy
Page 14 Strengthening Animal Welfare in Western AustraliaCompanion Animals (cont)
civil legal action. This can be costly as well as
time consuming.
The Queensland Government, with the support of
dog breeders and animal welfare organisations,
including the RSPCA, has recently proposed a
new dog breeder identification system. Under
this system, each breeder is to be provided
with an identification number which must be
displayed at the point of sale or in advertising
for sale or supply. The new system will also
make it compulsory for breeding bitches to be
micro-chipped. This means that that all dogs
and puppies sold can be traced to an owner
who must be registered and recognised by the
Queensland Kennel Club.
Western Australian animals and consumers
would benefit greatly from the adoption of
Queensland’s system. This would lead to a
significant strengthening of regulations around
the breeding of puppies and provide a proper
system for consumers to refer to before buying
a puppy.
In reviewing the AWA 2002, consideration
should be given to the impact of the Act on 4.2 Cats
protecting puppies, dogs and other companion
As companion animals, cats are central to
animals, and, if necessary, ways to strengthen
many families. They are especially valued by
the Act on this issue.
older people and also by people who have
restricted mobility as they are small and don’t
require the level of exercise that a dog requires.
Finding: Queensland’s dog breeder The problems associated with stray and feral
identification scheme is supported by the cats and with unrestricted breeding of cats are
industry and the Queensland Government now well documented.
and addresses the welfare of puppies and
dogs by requiring those breeding and In late 2011 the WA Parliament passed the
keeping them to meet well-defined standards Cat Control Act which introduces state-wide
of welfare. domestic cat control legislation that aims to
reduce the number of stray cats by:
Recommendation: WA Labor in Encouraging responsible pet ownership
Government to introduce a dog breeder behaviour by members of the community
identification system in Western Australia to who own cats or look after a cat in some
prevent unscrupulous breeders from selling way (semi-own); and
puppies which are sick. Implementing cat control legislation across
the whole State.
Page 15 Strengthening Animal Welfare in Western AustraliaCompanion Animals (cont)
The new legislation will be enforced by local the new legislation. Experience from other
government and has the following mandatory states of Australia where this type of law has
features: been introduced, shows that the number of
Identification/microchipping and/or collars unwanted cats and kittens will initially increase
and tags; and funding to manage this unpleasant work is
necessary.
Registration; and
Sterilization.
Finding: Non-government organisations
The economic cost to an animal shelter of do essential work re-homing thousands
euthanizing one cat is estimated to be about of abandoned cats and kittens in Western
$80. It is estimated that each year there are Australia every year. They also help to control
5,000 unwanted cats and kittens euthanized cat numbers by undertaking the unpleasant
which adds up to $400,000. In addition to the but necessary task of euthanizing thousands
economic cost there is the psychological impact of cats and kittens every year.
on the staff and volunteers of animal welfare
organisation who are required to conduct
these processes. Currently, the dollar cost of
euthanizing many of these unwanted cats Recommendation: WA Labor in
falls to cat welfare organisations, the majority Government to investigate the best way to
of which are not-for-profit, non-government ensure the expansion of the work of non-
associations and/or charities. government agencies to improve the welfare
of cats in Western Australia under the new
State Government funding will be required by Cat Control Act.
these non-government agencies to implement
“It is estimated
that each year
there are 5,000
unwanted cats
and kittens
euthanized
which adds up
to $400,000.”
Page 16 Strengthening Animal Welfare in Western AustraliaCompanion Animals (cont)
4.3 Horses
Horses in Australia are an introduced species
and have held a unique and greatly respected
role, initially in our European settlements, then
continuing through the development of our
regions and primary industries.
Horses, ponies, donkeys and mules may be
companion animals, sporting animals, stock
and in regional remote areas of this state,
feral animals. Each of these roles require
different research and have different welfare
requirements. According to the RSPCA, horses
and ponies experience the third highest rate of
cruelty and neglect after dogs and cats.
In their roles as companion and sport animals,
horses and ponies have complex and costly
care needs. Horses can live well into their
thirties if properly cared for. Caring for this
type of animal involves significant responsibility has revealed that 80 per cent of the horses it
and a long-term commitment, hard work and rescues are ex-race horses.
finances.
In 2011 the Liberal National Government,
Neglect can occur when people are not without consultation, made changes to the
correctly educated about their duty of care for WA Health Act allowing for the slaughter of this
these very large and challenging animals. companion animal for human consumption.
Racing and Wagering Western Australia and the Improving the welfare of horses, ponies,
thoroughbred and harness-racing industries donkeys and mules will require investigation
have clear guidelines pertaining to the welfare into their diverse roles in our community.
of horses, including:
“Racehorses should receive proper Finding: The aim of improving the welfare
attention after they have raced and be of horses, ponies, donkeys and mules
treated humanely when their racing careers requires significant consultation with many
are over. stakeholders.
Retirement – Owners should attempt to
ensure that their horses are sympathetically Recommendation:
and humanely treated when they leave WA Labor in Government to commence
racing. Racehorses should be permanently discussions with stakeholders to plan for
identified and registered, so that instances improvements in the welfare of horses,
of mistreatment during retirement can be ponies, donkeys and mules; and remove
pursued.” horse meat from the Department of Health
list of food allowed for human consumption.
Despite these guidelines Second Chance Horse
Rescue and Rehabilitation in Western Australia
Page 17 Strengthening Animal Welfare in Western Australia5. The Cruelty Connection
There is a strong link between human to those who want to read more on this issue,
wellbeing and positive relationships with for example;
animals. Conversely, the connection between
cruelty to animals and violence to humans • Child Abuse, Domestic Violence, and
is well documented and is often called ‘the Animal Abuse: Linking the Circles
cruelty connection’. of Compassion for Prevention and
Intervention, by Frank R. Ascione and
Juveniles who exhibit a pattern of cruelty Phil Arkow, Purdue University Press,
to animals have a significantly higher risk of 1999.
becoming adults who are violent and more • Clinical Assessment of Juvenile Animal
likely to spend time in prison for violent crimes Cruelty, by Shari Lewchanin and
and arson. US studies found that 75 per cent Ellen Zimmerman, Biddle Publishing
of violent criminals had a history of violence Company, 2000.
against animals in their youth. • “Cruelty to Animals and Interpersonal
In addition, children are more likely to be Violence: Readings in Research
in danger in families where animal abuse is and Application”, edited by Randall
occurring. Lockwood and Frank R. Ascione,
Purdue Research Foundation, 1998.
The American Humane Association website • “Violence Prevention and Intervention: A
contains many references concerning this Directory of Animal-Related Programs”,
issue. For example, of 57 families being treated by Debra K. Duel, The Humane Society
for incidents of child abuse, 88 per cent also of the United States, 2000.
abused animals. In two-thirds of the
cases, it was the abusive parent
who had killed or injured the animals
to control a child. In one-third, the “One of
children had abused the animals,
using them as scapegoats for their
the most
anger. It also notes: dangerous
• There is a growing public things that
awareness of links between
domestic violence and can happen
animal abuse. US states to a child
are considering bills that
would include companion is to kill or
animals in domestic violence
protective orders and several torture an
states have enacted such animal and
bills into law.
get away
• Some family members often
feel they have no choice with it.”
but to remain in violent
Margaret Meade,
households to avoid harm to
anthropologist.
their pets.
There are many references available
Page 18 Strengthening Animal Welfare in Western AustraliaThe Cruelty Connection (cont)
Since 2000, RSPCA officers in England have and in Florida, orders are used for acts of
assisted the National Society for the Prevention intentional torture or torment.
of Cruelty to Children (NSPCC) by looking for
signs of potential child abuse when investigating There is no requirement under Western
routine cases of animal cruelty. According to Australian laws for anyone convicted of an
one study by the RSPCA in England, 82 per animal cruelty offence to have counselling.
cent of 23 families recorded as being involved
Worthy of further investigation, given Western
in animal cruelty were also known to social
Australia’s problem with bushfires, is the
services because of children being at risk of
possibility that juveniles who commit acts
abuse or neglect.
of violence against animals may also have
This multi-agency approach, established in the a propensity to commit arson. Monash
United Kingdom for more than a decade now, University’s Associate Professor Dr Eleanora
has spawned the formation of the Links Group Gullone, an internationally acclaimed researcher
(RSPCA and NSPCC) which aims to encourage and publisher on this link between arson and
organisations to work together to prevent and children, firmly believes that juveniles who
detect abuse of vulnerable children, animals are cruel to animals should be assessed by
and adults. appropriate professionals.
In Western Australia no formal arrangements
between the RSPCA and child protection Finding: Juveniles who are cruel to animals
agencies exist. are at risk of maturing into adults who lack an
ability to empathise and are capable of using
In contrast, the Queensland Government set aggression or violence.
up such an arrangement in 2009. RSPCA
officers in Queensland who investigate animal Children tend to model the behaviour that
welfare complaints are directed to alert they witness while growing up, including
colleagues working in the area of child safety violence and aggression. Early efforts to deal
if they witness or discover anything suspicious with children who are identified as having
that relates to a child’s welfare. Similarly, if been cruel to animals have the potential to
child safety officers become concerned about pay significant dividends to society in the
animal abuse, they are directed to contact the long term.
RSPCA. This may serve as a useful model to
inform this discussion.
Recommendation: WA Labor in
Similarly, in the United States relationships exist Government to bring key agencies together
between the American Humane Association and to establish information sharing ‘links’
various police and child protection agencies. between animal welfare, child protection and
These were set up in the mid-1990s and are police that will benefit the welfare of children
now a routine means of sharing information on and animals.
both child protection issues and animal welfare.
It will also provide appropriate interventions
In the United States, 28 states now have for juveniles who are caught being cruel to
mandatory counselling included in their animal animals.
cruelty laws. California, Indiana, Iowa, and
Tennessee require counselling for anyone
convicted of animal cruelty. In Colorado the
orders require counselling for second offences
Page 19 Strengthening Animal Welfare in Western Australia6. Stock Animals
There is increasing public interest about how or ignorance.”
animals destined for human consumption or
kept for the products they produce, such as Recently, public awareness has been raised
eggs and milk, are treated. through increased exposure to practices which
have become acceptable to industry in the
There remains a separation between the health intensive farming of animals, but are abhorrent
and wellbeing of pet, companion and domestic to the consumer and the wider community. All
animals from that of stock animals. The health forms of media, including social networking
of stock animals is considered by agriculture media, have revealed the life experienced by
and trade agencies and law in the context of animals farmed intensively. The evidence of how
their role as sources of food or other products. these animals live is readily available to anyone
These animals are regulated as commodities in in our community who wishes to investigate.
a supply chain.
Today, there is an an increasing number of
This separation has led to different definitions of people who are aware that animal welfare is
welfare being applied to stock animals. When far broader than cruelty against pet, domestic
a definition is created in response to scientific and companion animals. Animal welfare also
and agricultural practices, it has been limited demands consideration of the conditions in
to what we know scientifically about animals. which animals, including those bred to be
When it comes to regulating for animal welfare, slaughtered for food, are kept throughout their
Geoffrey Bloom states: life and whether or not their welfare has been
adequately met during this time. Whether they
“...we must accept that we are at times have a ‘life worth living’.
obliged to make decisions in a state of
imperfect knowledge. We should therefore 6.1 Intensive food production versus
be taking a risk management approach. humane food
Requiring codes of practice to be based
only on scientific evidence, rather than The community is becoming increasingly
taking that risk management approach, mindful of the many welfare issues which
runs the risk of making animals the default surround food production from animals. High
victims of the current state of our knowledge profile animal welfare advocates, such as
chef and television personality Jamie Oliver,
Page 20 Strengthening Animal Welfare in Western AustraliaStock Animals (cont)
have brought the problems awareness initiatives’.
associated with intensive “People are now The European Union recognises
farming into our living rooms
and opened the debate much better that animals are “sentient
beings”;
on how animals should
be treated before they are
informed and
“The general aim is to ensure
slaughtered for consumption. want to know how that animals do not endure
People are now much better
informed and want to know animals produced avoidable pain or suffering,
and obliges the owner/keeper
how animals produced for
consumption are treated
for consumption of animals to respect minimum
welfare requirements.” EU Treaty
while they are alive and how are treated while on the Functioning of the European
they are slaughtered.
they are alive Union (Article 13)
Social ethics about the
production of food using and how they are The European Union has
banned veal crates and its ban
intensive farming practices
have changed dramatically,
slaughtered.” on sow stalls comes into effect
in 2013.
particularly over the past 20
years. Media reports on the The Australian Pork Industry
inherent cruelty of certain will not abandon sow stalls until
farming practices have 2017.
received much attention and
in their wake spawned myriad animal rights/ Industry resistance to change is based on the
welfare organisations committed to educating costs said to be involved. These costs may
the public on the reality of factory farming ultimately be borne by consumers and possible
practices. impacts on the cost of living need to be carefully
considered.
The publicity being generated around the issue
of ‘humane food’ has had a profound effect on
the community’s views about, for example, live Finding: Public opinion is changing in
animal exports, and layer and meat hens. No- relation to the treatment of animals farmed
one should be surprised at community reaction for consumption purposes. People are
as studies have shown that interest in animal increasingly voicing their concerns and calling
welfare is high in Australia, and the community for ‘humane food’ to be clearly labelled at
is keen to have input into such important public point of sale. More and more people want
policy. (See section 3.5: Public Opinion) to know that animals are treated humanely
before they become food.
The report ‘Attitudes Towards Animal Welfare’
(TNS Social Research Consultants, 2006)
found that while participants possessed ‘a Recommendation: WA Labor in
keen interest in the topic’ they nevertheless Government to work with the food industry
exhibited ‘a shallow understanding of the to promote humane farming practices and to
issues’, particularly in relation to farming clearly label food produced humanely.
practices. This deficiency in knowledge was
largely attributed to ‘an absence of balanced
information in relation to animal welfare’ and
‘demonstrated the need for increased public
Page 21 Strengthening Animal Welfare in Western AustraliaStock Animals (cont)
6.2 Layer hens and meat chickens Union and are to be replaced by ‘enriched’
cages or barn or free-range systems.
Consumer demand for inexpensive eggs
from laying hens and cheap meat from broiler Enriched cages are defined by the European
chickens has created a difficult situation for Council as:
those interested in improving the welfare of
these birds because while improvements in “Cages where laying hens have at least 750
animal welfare are desirable, these may initially cm² of cage area per hen; The hens kept in
cost consumers more. the enriched cage systems and the non-cage
systems must also have a nest, perching space
Consumer demand is changing and, as of 15cm per hen, litter to allow pecking and
demand and competition increases, the price scratching and unrestricted access to a feed
of eggs must come down. The sale of free- trough measuring at least 12cm per hen in the
range eggs has jumped from around 15 per cage”
cent to 28 per cent in just a couple of years,
demonstrating a huge consumer swing
towards the free-range sector. People
are now demanding to know that farmed
animals are treated humanely.
While the treatment of cattle and
pigs ranks highly among consumers
concerned about where their food comes
from, it is the treatment of chickens that
ranks the highest in their minds.
“Physically, chickens suffer for three
main reasons: rough handling by
workers, bad industry practices,
and poor genetics.”
Prof T. Grandin, 2010
Keeping a hen in a small cage for its
entire life is widely rejected by Australian
consumers (see section 3.5: Public
Opinion).
The European Union has led change in
this field by requiring egg packs to be
clearly labelled with the farming method.
Packs have to be labelled as ‘free-range
eggs’, ‘barn eggs’ or ‘eggs from caged
hens’ enabling consumers to know
exactly what they are buying.
From 2012, in accordance with new
European Union legislation (Council
Directive 1999/74/EC3), conventional
cages will become illegal in the European
Page 22 Strengthening Animal Welfare in Western AustraliaStock Animals (cont)
This compares to conventional cages which
allow 550 cm² for each hen and provide no
nest, perch or litter.
The European Union’s move to ban conventional
cages for hen production set a world’s best-
practice standard. Animal welfare organisations
like the World Society for the Protection of
Animals (WSPA) and the RSPCA continue to
push for all cages to be banned completely, in
favour of free-range or barn-laid systems.
In Western Australia, where an estimated 1.02
million eggs are consumed every day (Australian
Egg Corporation, January 2011), egg production
is big business. More than 31.05 million dozen poultry-farming companies and the Australian
eggs are produced every year. This represents Chicken Meat Federation Inc, alleging
9 per cent of Australia’s total egg production misleading or deceptive conduct in relation to
in 2009-10, generating approximately $138.5 the promotion and supply of chicken products.
million in sales every year. Most of these eggs The ACCC alleges that the federation had
are produced in cage systems. Free-range engaged in misleading and deceptive conduct
systems in Western Australia are becoming and made misleading representations that meat
more prevalent. Western Australia has not chickens are raised in barns in which meat
mandated that free-range producers comply chickens have substantial space available,
with the Australian standards for the stocking allowing them to roam freely. The ACCC alleged
density so consumers have no way of knowing that the population density of meat chickens
that eggs labelled as free range are actually raised in barns precluded such movement.
laid by chickens that truly live in free-range
environments. (The importance of labelling will On 10 January 2012 the ABC reported that the
be discussed in the next section of this paper.) Federal Court of Australia fined chicken meat
company La Ionica $100,000 for engaging in
The Australian Model Code of Practice for misleading and deceptive conduct for using
the Welfare of Animals – Domestic Poultry the term ‘free to roam’ in advertising its chicken
stipulates a maximum stocking density rate meat.
of 1,500 birds per hectare. In an article in The
Land (December 2010), the Australian Egg Finding: Consumers are driving a move
Corporation’s managing director revealed that away from intensive egg and poultry meat
some egg producers claiming to be ‘free range’ production and are seeking industry support
producers have a stocking rate of 50,000 for a more humane and affordable production
birds per hectare. Currently the Australian Egg system for these products.
Corporation is consulting with its members to
bring in a new stocking rate of 20,000 birds per
Recommendation: WA Labor in
hectare.
Government to work with stakeholders on
In a statement issued on 7 September 2011, commercial proposals to move the egg
the Australian Competition and Consumer industry to use of enriched cages or away
Commission (ACCC) announced that it had from the use of cage systems for laying hens
commenced proceedings against several across Western Australia.
Page 23 Strengthening Animal Welfare in Western AustraliaStock Animals (cont)
6.3 Labelling “Promotional activities
There is substantial
“The Australian Egg that convey an impression
of farming practices are
evidence that consumer Corporation has powerful representations
demand for ‘humane which influence many
food’ is growing. The acknowledged that consumer purchases and
American Farm Bureau
(AFB) released a report
some of its ‘free range’ food choices. This is an
area where the ACCC will
(December 2010) which farms have stocking be vigilant in promoting
found 89 per cent of consumer interests and
consumers believe densities of up to 50,000 ensuring companies adhere
companies which require
farmers to improve animal
birds per hectare.” to the law.”
care “are doing the right Currently, eggs labelled as
thing”. ‘free range’ make up approximately 28 per
cent of Australian egg sales. There has been
Food labelling has proved to be the ‘weak link’ a significant increase in free-range egg sales in
as regulators are reticent about introducing the past couple of years, but unfortunately most
regulations that govern what a manufacturer of those eggs are not produced in ways which
must reveal about the food they produce. consumers would regard as free range. They are
Inadequately regulated food labelling has laid on intensive farms by birds who have been
created confusion among consumers. beak trimmed. The Australian Egg Corporation
has acknowledged that some of its ‘free range’
The ACCC has recently taken action against
farms have stocking densities of up to 50,000
the meat chicken industry over ‘free to roam’
birds per hectare - and claims its proposed
chickens claims. In describing this action the
20,000 bird cap will be an improvement.
ACCC states;
Page 24 Strengthening Animal Welfare in Western AustraliaStock Animals (cont)
Labelling of egg and poultry meat products in demonstrated in Europe, the United States
Western Australia could be improved if Western and in Australia. Without the clear, consistent,
Australia introduced a regulation to enforce trustworthy and regulated labelling of humanely
the Australian Model Code of Practice for the produced foods, consumers are unable to
Welfare of Animals - Domestic Poultry. When make informed choices.
complaints are lodged with the ACCC about
consumer deception regarding the mislabelling Since 2004, all European eggs have been
of eggs, the ACCC is often unable to take required to be stamped with a code to show
action because there is no clear Australia-wide where they were produced and by what means.
definition of the term ‘free Moreover, egg boxes have
range’. “...consumers are to be labelled ‘free range
eggs’, ‘barn eggs’ or ‘eggs
Queensland is currently confused about which from caged hens’. The
the only State which has same legislation regulates
introduced a regulation labels are trustworthy the terminology allowed
that the maximum outdoor
stocking density for free-
and which ones meet for marketing the sale of
eggs. For example, eggs
range hens is 1,500 birds the best standards.” which are labelled as ‘free
per hectare (following range’ must have been
the model code). So the produced by hens which
ACCC could take action against a business in were allowed a specified amount of space to
Queensland which claimed to be ‘free range’ range. In addition, the hens must have been
even though it had a stocking density well above accommodated in a hen house which met
the prescribed limit but it can’t take similar the minimum standards and complies with
action against businesses in other States. European Union standards.
On 19 October 2011 the NSW State Parliament’s This European system is far from perfect, with
Legislative Council passed a Bill seeking a consumer confusion caused by such terms as
standard definition for free-range eggs. The Bill, ‘farm fresh’ and ‘hen friendly’. The research
which had the support of NSW Labor, would from the American Food Standards Agency
mean eggs in NSW could be labeled as free- suggests that the sales of free-range and barn-
range only if they have come from a farm that laid could be higher if labels were clearer.
has no more than 1,500 hens a hectare. It is
not known whether this Bill will pass the lower Consumer distrust of food labels that flooded
house in the NSW Parliament and become law. European and US markets in the 1990s were
borne out in the European Union’s ‘Consumer
It would be preferable for a national approach Concerns about Animal Welfare and the Impact
to be taken on labelling and welfare issues. on Food Choice’ report. Consumers expressed
Western Australia should lobby the Federal doubt over the validity and credibility of labels
Government to make decisions on these issues. on products, especially in the United Kingdom
Meanwhile, if Western Australia enshrined the and France. Some consumers in Ireland and
Model Code as a legally enforceable document, the United Kingdom expressed a desire for the
that would achieve the objective and give the establishment of an independent body which
ACCC a basis on which it could act to ensure would be qualified to accredit food production
consumer expectations are met. methods as being ‘animal-friendly’. They
also expressed a desire for standardised food
Consumer confusion emanating from incorrect, labelling, with eggs ranking high as a label they
misleading or unclear labelling has been either couldn’t understand, or didn’t trust.
Page 25 Strengthening Animal Welfare in Western AustraliaYou can also read
