The laws governing Australian animal welfare are regulated by the states and territories.
Australia has a range of animal welfare Acts, explains Dr Sarah Zito. She is a Senior Scientific Officer with RSPCA Australia.
“All the states and territories do have different animal welfare law that covers welfare in their jurisdiction. But they all do include prohibiting causing harm to animals, so both physical and mental harm. Mental harm would be things like distress and fear. But many of the jurisdictions also have animal welfare legislation which means that people who are in charge of an animal also have a duty of care to animals.”
Those in charge of an animal include the legal owner or someone who has custody or control of the animal.
For example, the owner of a breeding facility or kennel has a duty of care to those animals, says Dr Zito.
“And the duty of care means that the person in charge of that animal must ensure that the animal has appropriate food and water, that they have appropriate living conditions, and that any harm to the animal is prevented or mitigated. So that includes providing appropriate preventative care and prompt and adequate veterinary care when that’s necessary. You also have the requirement to ensure that the animal can express natural behaviours and that they’re handled in a way that is appropriate to the species, and not going to cause them harm or distress.”
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