78219 Animal Law and Policy in Australia
Warning: The information on this page is indicative. The subject outline for a
particular session, location and mode of offering is the authoritative source
of all information about the subject for that offering. Required texts, recommended texts and references in particular are likely to change. Students will be provided with a subject outline once they enrol in the subject.
Subject handbook information prior to 2017 is available in the Archives.
Credit points: 8 cp
Result type: Grade and marks
Requisite(s): ( 78100c Postgraduate Legal Research OR ((102 credit points of completed study in spk(s): C04236 Juris Doctor OR 102 credit points of completed study in spk(s): C04250 Juris Doctor Master of Business Administration)))
The lower case 'c' after the subject code indicates that the subject is a corequisite. See definitions for details.
There are course requisites for this subject. See access conditions.
Anti-requisite(s): 76033 Animal Law and Policy in Australia AND 78218 Animal Law and Policy in Australia
Description
This subject examines the effectiveness of existing regulation in Australia with respect to animal welfare. Topics covered include: consideration of animals in the context of morality, science and the law; the historical development of animal law as well as an overview of animal regulation in Australia; the prevention of cruelty; and the legal status of animals. The material is presented against the backdrop of the animal welfare and rights debate, encouraging students to consider and evaluate whether the current regime fosters accountability and ethical standards. In order to appraise Australia's regime more effectively, the subject also includes consideration of two topics at international and comparative levels. The first relates to advances in animal welfare introduced by the European Union, and the second relates to the impact on animal welfare by the rules of the international trade law regime, as typified by the World Trade Organization. The subject is designed to provide students with a sound understanding of the fundamentals of animal law including its application to companion animals, farm animals, wild animals and animals in laboratories.
Subject learning objectives (SLOs)
Upon successful completion of this subject students should be able to:
| 1. | demonstrate a working knowledge and understanding of the principles of animal law within the context of the prescribed readings; |
|---|---|
| 2. | demonstrate a working knowledge and understanding of the difference between animal welfare and animal rights, including an understanding of ethical standards and individual responsibilities; |
| 3. | interpret legislation, codes of conduct and policy instruments, including the ability to analyse these instruments, draw conclusions and identify areas of deficiency, with respect to ethical, legal, social and economic issues in the context of animal welfare and/or animal rights; |
| 4. | evaluate complex legal and policy instruments by way of a research essay that incorporates effective research skills, independent thinking and critical analysis; |
| 5. | understand that different sections of society have reached different levels of engagement with respect to animal welfare/animal rights issues. develop a tolerance for these differences; including towards those whose livelihood depends on the use of animals. |
Teaching and learning strategies
Strategy 1 - Teaching is delivered through a series of seminars that are devoted to strengthening skills of comprehension, analysis, and appraisal of law and policy.
Strategy 2 - Students are expected to undertake prescribed readings before class. They are also expected to prepare answers to tutorial-type or hypothetical questions before class. Learning is encouraged through study of, and reflection upon, these assigned readings and questions.
Strategy 3 - The reflective journal encourages students to monitor the media for emerging issues relating to animal welfare/animal rights and also for understanding how law and policy operates in the ‘real world’.
Strategy 4 - The research essay enables students to pursue in depth an aspect of the subject through sustained research, reflection and writing.
Subject Delivery: The subject will be delivered in a blended learning mode comprising seminar sessions over 5 Saturdays complemented with online studies and activities. Students are expected to attend and participate in the seminar sessions unless prevented by extenuating circumstances.
Content (topics)
Topic 1 - Animals: Morality, Science and Justice
• Philosophical Approaches to the Moral Status of Animals
• Scientific Basis for Animal Welfare
• Animal Welfare as a Matter of Justice
Topic 2 - Historical Development of Animal Law
• Animals and Early History
• Liability for Harm Done by Animals
• Early Animal Cruelty Laws
• Animal Emancipation
Topic 3 - Legal Status of Animals
• Property Status of Animals
• Domestic and Wild Animals
• Issues with the Property Status of Animals
• Animal Welfare or Animal Rights?
Topic 4 - Overview of Animal Law in Australia
• The Nature of Animal Law; Federal Responsibilities/laws and strategies, State Animal Welfare Laws and Codes of Practice
• What is an Animal?
• Concept of Animal Welfare in Legislation and Policy
• Criminal Liability
• Defences
Topic 5 - Regulation of the Treatment of Companion Animals
• Defining a Companion Animal
• Significance of Companion Animals
• Companion Animals in Custody Disputes
• Companion Animals and Estate Planning
• Can Animal Welfare Regimes Protect the Welfare of Companion Animals in an Effective Way?
Topic 6 - Regulation of the Treatment of Farm Animals
• What is a Farm Animal?
• Who is Responsible for Farm Animal Welfare?
• Evaluation of the Australian Regime; Notion of cruelty and Barriers to effective enforcement of law and policy
Topic 7 - Regulation of Wild Animals
• What is a Wild Animal; Wild animals as property
• Welfare of Wild Animals
• Wild Animals and Environmental Regulation
• Captive Wild Animals – Zoos and Circuses
Topic 8 - Regulation of Animal Testing
• Regulatory Framework in Australia
• What is a Research Animal?
• Codes and Ethics Committees
• State and Territory Laws
Topic 9 - International Context
• Comparison of the Approach of the European Union with the Approach in Australia. What lessons can Australia Learn?
• Rules of the WTO (product/process). Do the Rules of the WTO Stand in the Way of Effective Regulation for Animal Welfare?
Assessment
Assessment task 1: Class Participation
| Objective(s): | This task addresses the following subject learning objectives: 1, 2, 3, 4 and 5 This task contributes specifically to the development of the following graduate attributes: 2.0, 5.0 and 6.0 |
|---|---|
| Weight: | 30% |
| Length: | Word Equivalent is 600 words. |
Assessment task 2: Animal Law Case Book
| Objective(s): | This task addresses the following subject learning objectives: 1 and 3 This task contributes specifically to the development of the following graduate attributes: 5.0 and 6.0 |
|---|---|
| Weight: | 20% |
| Length: | 850 words |
Assessment task 3: Research Essay
| Objective(s): | This task addresses the following subject learning objectives: 1, 2, 3, 4 and 5 This task contributes specifically to the development of the following graduate attributes: 2.0, 5.0 and 6.0 |
|---|---|
| Weight: | 50% |
| Length: | 3750 words |
Required texts
Alex Bruce, Animal Law in Australia, an Integrated Approach LexisNexis (2012)
An online workbook that contains additional readings and which will be available elecronically from UTSOnline
Recommended texts
Deborah Cao Animal Law in Australia, LawBook Co (2010)
Peter Sankoff and Steven White, (eds) Animal Law in Australasia, The Federation Press (2009) (Highly Recommended)
Peter Sankoff, Steven White, Celeste Black (eds) Animal Law in Australasia 2nd edition, The Federation Press (2013). Highly recommended. This has different content from the first edition
References
4.3 References and Additional Materials: Reports, Journals and General References
The reference texts and supplementary materials are based on lists prepared by Voiceless, The Animal Law Toolkit (December 2009)
4.3.1 Journals Focusing on Animal Law
Australian
Australian Animal Protection Law Journal
This is Australia’s first law journal dedicated solely to animal law. It is a peer-reviewed, biannual publication
which was launched in 2008.
International
Journal of Animal Law and Ethics
Published by the University of Pennsylvania Law School, Philadelphia, USA.
Animal Law Review
Published by the National Centre for Animal Law, Lewis & Clark Law School, Portland, Oregon, USA.
Journal of Animal Law
Published by Michigan State University College of Law, Michigan, USA.
Journal of Animal Law and Policy
Published by Stanford University, Stanford, USA.
Journal of Animal and Environmental Law
Forthcoming publication of The University of Louisville Brandeis School of Law, Kentucky, USA.
4.3.2 Australian Legislation
The following table provides a non-exhaustive list of relevant Australian animal law Acts.
New South Wales
Prevention of Cruelty to Animals Act 1979 (NSW)
Animal Research Act 1985 (NSW)
Companion Animals Act 1998 (NSW)
Exhibited Animals Protection Act 1986 (NSW)
Game and Feral Animal Control Act 2002 (NSW)
National Parks and Wildlife Act 1974 (NSW)
Rural Lands Protection Act 1989 (NSW)
Threatened Species Conservation Act 1995 (NSW)
Australian Capital Territory
Animal Welfare Act 1992 (ACT)
Domestic Animals Act 2000 (ACT)
Pest Plants and Animals Act 2005 (ACT)
Nature Conservation Act 1980 (ACT)
Northern Territory
Animal Welfare Act (NT)
Territory Parks and Wildlife Conservation Act 1977 (NT)
Queensland
Animal Care and Protection Act 2001 (QLD)
Exotic Diseases in Animals Act 1981 (QLD)
Racing Act 2002 (QLD)
Stock Act 1915 (QLD)
Fauna Conservation Act 1974 (QLD)
Nature Conservation Act 1992 (QLD)
South Australia
Animal Welfare Act 1985 (SA)
National Parks and Wildlife Act 1972 (SA)
Wilderness Protection 1992 (SA)
Tasmania
Animal Welfare Act 1993 (TAS)
Threatened Species Protection Act 1995 (TAS)
Nature Conservation Act 2002 (TAS)
National Parks and Wildlife Act 1970 (TAS)
Victoria
Prevention of Cruelty to Animals Act 1986 (VIC)
Domestic Animals Act 1994 (Vic) Wildlife Act 1975 (VIC)
Western Australia
Animal Welfare Act 2002 (WA)
Dog Act 1976 (WA)
Wildlife Conservation Act 1950 (WA)
Conservation and Land Management Act 1984 (WA)
Commonwealth
Australian Meat and Livestock Industry Act 1997 (CTH)
Environment Protection and Biodiversity Conservation Act
1999 (CTH)
Export Control Act 1982 (CTH)
4.3.3 Federal Model Codes of Practice for Animal Welfare
Australian Codes are available from DAFF, but are in the process of being re-assessed in the light of the Australian Animal Welfare Strategy.
4.3.4 Books and Journal Articles
The following table provides a non-exhaustive list of relevant books and journal articles. Book titles appear in bold and publications are categorised by subject matter.
Text Books
Bryant, Taimie L; Huss, Rebecca J and Cassuto, David N, (eds), Animal Law and the Courts: A Reader (Thomson, 2008).
Favre, David S, Animal Law: Welfare, Interests and Rights (2008, Aspen Publishers Inc).
Frasch, Pamela D; Waisman, Sonia S and Wagman, Bruce A, Animal Law (4th edition, 2009, Carolina Academic Press).
Gandhi, Maneka; Husain, Ozair and Panjwani, Raj, Animal Laws of India (3rd edition, 2006, Universal Law Publishing Co. Pty Ltd).
Sankoff, Peter and White, Steven, Animal Law in Australasia: A New Dialogue (2009), The Federation Press).
Sunstein, CR and Nussbaum, MC (eds), Animal Rights: Current Debates and New Directions, (2004, Oxford University Press)
Access to Justice
Nussbaum, Martha C, Frontiers of Justice: Disability, Nationality, Species Membership(2006), The Belknap Press of Harvard University Press).
Pollard, Ruth, ‘Animals, Guardianship and the Local Courts: Towards a Practical Model For Advocacy’ (Summer 2007/08) 91 Reform 48.
Seymour, George, ‘Animals and the Law: Towards a Guardianship Model’ (2004) 29(4) Alternative Law Journal 183.
Winders, Delcianna J, ‘Confronting Barriers to the Courtroom for Animal Advocates’ (2006) 13(1) Animal Law 1.
Animals in Agriculture
Akers, Keith and Bagaric Mirko, ‘No Absence of Malice Towards the Gallus’ (2001) 18(5) Environmental and Planning Law Journal 505.
Caulfield, Malcolm, ‘The Law and Pig Farming’ (Summer 2007/08) 91 Reform 25.
Ibrahim, Darian M, ‘A Return to Descartes: Property, Profit, and the Corporate Ownership of Animals’ (2007) 70 Law and Contemporary Problems 87.
Pearson, Alan; Plowman, Kathleen and Topfer, John, ‘Animals and the Law in Australia: A Livestock Industry Perspective’ (Summer 2007/08) 91 Reform 25.
Sharman, Katrina, ‘Lifting the Veil of Secrecy on Animal-Derived Food Products’ (Summer 2007/08) 91
Reform 40.
Wolfson, David, ‘McLibel’(1999) 5 Animal Law 121.
Animals in Entertainment
Allars, Margaret, ‘To Breed or To Exhibit: The Asian Elephants Case and Reasons For Regulatory Failure’ (2007) 24(5) Environmental and Planning Law Journal 329.
Animal Experimentation
Dandie, Geoff, ‘Research, Animal Biotechnology and Regulation in Australia’ (2008) 16(8) Australian Health
Law Bulletin 129.
Donnellan, Laura, ‘Animal Testing in Cosmetics: Recent
Donnellan, Laura, ‘Animal Testing in Cosmetics: Recent Developments in theDevelopments in the European Union and the United States’ (2007) 13(2) Animal Law 251.
Gjerris, Mickey and Sandoe, Peter, ‘Ethical Perspectives in Animal Biotechnology’ (Summer 2007/08) 91 Reform 37.
Kramer, Marcia Goodman, ‘Humane Education, Dissection, and the Law’ (2007) 13(2) Animal Law 281.
LaFrance, Arthur Birmingham, ‘Animal Experimentation: Lessons from Human Experimentation’ (2007) 14(1) Animal Law 29.
Ludlow, Karinne, ‘A Clone with Your Fries? The Regulation of Cloned Farm Animals in Australia’ (2006)
23(3) Environmental and Planning Law Journal 185.
Sharman, Katrina, ‘Opening the Laboratory Door: National and International Legal Responsibilities for the
Use of Animals in Scientific Research - An Australian Perspective’ (2006) 2 Journal of Animal Law 67.
Animal Rights
Bagaric, M, ‘Humanising Animals - Civilising People’ (2008) 4(1) Original Law Review 1.
Bartlett, Steven J, ‘Roots of Human Resistance to Animal Rights: Psychological and Conceptual Blocks’ (2002) 8 Animal Law 143.
Donovan, Nichola, ‘Is Common Law the Key to Upholding an Animal’s Right Not to Suffer?’ (Summer 2007/08) 91 Reform 43.
Francione, Gary L, Animals, Property, and the Law (1995, Temple University Press).
Francione, Gary L, Rain Without Thunder: The Ideology of the Animal Rights Movement (1996, Temple University Press).
Francione, Gary L, Introduction to Animal Rights: Your Child or the Dog? (2000, Temple University Press).
Hilden, Julie, ‘Contractarian View of Animal Rights: Insuring against the Possibility of Being a Non-Human
Animal’ (2007) 14(1) Animal Law 5.
Regan, Tom, ‘The Day May Come: Legal Rights for Animals’ (2004) 10 Animal Law 11.
Wise, Steven M, ‘Dismantling the Barriers to Legal Rights for Nonhuman Animals’ (2001) 7 Animal Law 9.
Wise, Steven M, Rattling the Cage: Toward Legal Rights For Animals (2000, Perseus Publishing).
Wise, Steven M, Drawing the Line: Science and the Case for Animal Rights (2002, Perseus Publishing).
Wise, Steven M, An American Trilogy: Death, Slavery, and Dominion on the Banks of the Cape Fear River (2009, Da Capo Press).
Wise, Steven M, ‘The Basic Rights of Some Non-Human Animals Under the Common Law’ (Summer 2007/08) 91 Reform 11.
Animal Welfare Laws
Caulfield, Malcolm, Handbook of Australian Animal Cruelty Law (2008, Animals Australia).
Jamieson, P, ‘The Legal Status of Animals Under Animal Welfare Law’ (1992) 9 Environmental and Planning Law
Journal 20.
Sankoff, Peter, ‘Flawed Logic Impedes Animal Welfare Act Sentencing’ (2004) New Zealand Law Journal 357.
Sharman, Katrina, ‘Sentencing Under Our Anti-Cruelty Statutes: Why Our Leniency Will Come Back to Bite Us’ (2002) 13(3) Current Issues In Criminal Justice 333.
White, Steven, ‘Legislating For Animal Welfare: Making the Interests of Animals Count’ (2003) 28(6) Alternative Law Journal 277.
International Perspectives
Adam, Rachelle, ‘The Japanese Dolphin Hunts: In Quest of International Legal Protection for Small Cetaceans’ (2007) 14(2) Animal Law 133.
Araújo, Fernando, ‘Recent Development of Portuguese Law in the Field of Animal Rights’ (2005) 1 Journal of Animal Law 61.
Cook, Kristin, ‘Inhumanity of Foie Gras Production - Perhaps California and Chicago Have the Right Idea’ (2007) 2 Journal of Animal Law and Ethics 263.
Dillard, Carter, ‘False Advertising, Animals, and Ethical Consumption’ (2004) 10 Animal Law 25.
Favre, David, ‘Integrating Animal Interests into Our Legal System’ (2004) 10 Animal Law 87.
Hughes, Elaine L and Meyer, Christiane, ‘Animal Welfare Law in Canada and Europe’ (2000) 6 Animal Law 23.
Kim, Rakhyun E, ‘Dog Meat in Korea: A Socio-Legal Challenge’ (2007) 14(2) Animal Law 201.
Linzey, Andrew, ‘The Ethical Case for European Legislation Against Fur Farming’ (2006) 13(1) Animal Law 147.
Linzey, Andrew, ‘Ethical Critique of the Canadian Seal Hunt and an Examination of the Case for Import Controls on Seal Products’ (2006) 2 Journal of Animal Law 87.
McNabb, Megan, ‘Pets in the Eye of the Storm: Hurricane Katrina Floods the Courts with Pet Custody Disputes’ (2007) 14(1) Animal Law 79.
Nattrass, Kate M, ‘“Und Die Tiere” Constitutional Protection for Germany’s Animals’ (2004) 10 Animal Law 283.
Sankoff, Peter, ‘Five Years of the “New” Animal Welfare Regime: Lessons Learned from New Zealand’s Decision to Modernise Its Animal Welfare Legislation’ (2005) 11 Animal Law 7.
Sharma, Charu, ‘Chinese Endangered Species at the Brink of Extinction: A Critical Look at the Current Law and Policy in China’ (2005) 11 Animal Law 215.
Smith, Rob Roy, ‘At a Complex Crossroads: Animal Law in Indian Country’ (2007) 14(1) Animal Law 109.
Stevenson, Peter, ‘The World Trade Organization Rules: A Legal Analysis of their Adverse Impact on Animal Welfare’ (2002) 8 Animal Law 107.
Striwing, Helena, ‘Animal Law and Animal Rights on the Move in Sweden’ (2002) 8 Animal Law 93.
Pet Custody
Bogdanoski, Tony, ‘The Marriage of Family Law and Animal Rights: How Should Australian Family Law Approach the Rise of ‘Pet Custody’ Disputes?’ (2006) 31(4) Alternative Law Journal 216.
Newell, Barbara, ‘Animal Custody Disputes: A Growing Crack in the “Legal Thinghood” of Nonhuman Animals’ (2000) 6 Animal Law 179.
Stroh, Heidi, ‘Puppy Love: Providing for the Legal Protection of Animals When Their Owners Get Divorced’ (2007) 2 Journal of Animal Law and Ethics 231.
Property Status of Animals
Bearup, Brooke J, ‘Pets: Property and the Paradigm of Protection’ (2007) 3 Journal of Animal Law 173.
Francione, Gary L, Animals, Property, and theLaw (1995, Temple University Press).
Nosworthy, Jane, ‘The Koko Dilemma: A Challenge to Legal Personality’ (1998) 2 Southern Cross University
Law Review 1.31 32
St.Pierre, Derek W, ‘The Transition From Property to People: The Road to the Recognition of Rights for Non-Human Animals’ (1998) 9 Hastings Women’s Law Journal 255.
Wise, Steven, M ‘The Entitlement of Chimpanzees to the Common Law Writs of Habeas Corpus and De Homine Replegiando’ (2007) 37 Golden Gate University Law Review 219.
The Animal Law Movement
Bryant, Taimie L, ‘Trauma, Law and Advocacy for Animals’ (2006) Journal of Animal Law and Ethics 61.
Cao, Deborah, Animal Law in the West (2007) The China Law Press).
Favre, David, ‘The Gathering Momentum’ (2005) 1 Journal of Animal Law 1.
Frasch, Pamela D, ‘Finding our Voice: Challenges and Opportunities for the Animal Law Community’ (2007) 14(1) Animal Law 1.
Glasgow, David, ‘The Law of the Jungle: Advocating For Animals in Australia (2008) 13(1) Deakin Law Review 181.
Katz, Richard J; Blumm, Michael C and Gibbons, Holly Anne, ‘Origins of Animal Law: Three Perspectives’ (2004) 10 Animal Law 1.
Ogle, Greg ‘Beating a SLAPP Suit’ (2007) 32(2) Alternative Law Journal 71.
Pacelle, Wayne, ‘Law and Public Policy: Future Directions for the Animal Protection Movement’ (2005) 11 Animal Law 1.
Sharman, Katrina, ‘An Emerging Field’ (2006) 31(4) Alternative Law Journal 227.
Sherman, Brian, ‘Animal law: Peering Over the Gap or Daring to Close It?’ (2006) 31(4) Alternative Law Journal 226.
White, Steven, ‘The Emergence of Animal Law in Australian Universities’ (Summer 2007/08) 91 Reform 51.
Sankoff, Peter ‘Charting the Growth of Animal Law in Education’ (2008) 4 Journal of Animal Law 105.
Wild Animals
McEwen, Graeme, ‘The Challenge Posed by Feral Animals’ (Summer 2007/08) 91 Reform 30.
Shah, Anuj and Miller, Alyce, ‘Invented Cages: The Plight of Wild Animals in Captivity’ (2005) 1 Journal of Animal
Law 23.
Thiriet, Dominique, ‘In the Spotlight: The Welfare of Introduced Wild Animals in Australia’ (2007) 24(6) Environmental and Planning Law Journal 417.
Thiriet, Dominique, ‘Out of the ‘Too Hard Basket’: Traditional Hunting and Animal Welfare’ (2007) 24(1)
Environmental and Planning Law Journal 59.
Thiriet, Dominique, ‘Traditional Hunting: Cultural Rights v Animal Welfare’ (2006) 31(2) Alternative Law
Journal 57.
Thiriet, Dominique, ‘Tradition and Change – Avenues for Improving Animal Welfare in Indigenous Hunting’
(2004) 11 James Cook University Law Review 159.
4.3.5 Useful Websites
Animal Liberation (ACT)
Animal Liberation (NSW)
Animal Liberation (QLD)
www.animalliberationqld.org.au
Animal Liberation (SA)
Animal Liberation (VIC)
Animal Welfare Community Legal Centre
Animal Welfare League
www.animalwelfareleague.com.au
Animals Australia
Brisbane Lawyers Educating and Advocating for Tougher Sentences
Humane Society International
International Fund for Animal Welfare
Lawyers for Animals
NSW Young Lawyers Animal Law Committee
www.lawsociety.com.au/page.asp?partid=6153
RSPCA Australia
Barristers Animal Welfare Panel
Voiceless, the animal protection institute
Wires
World Society for the Protection of Animals
