Australian Greens Senators Additional Comments

1.1The Australian Greens welcome the opportunity to contribute additional comments to the committee report, and thank the witnesses and authors of submissions for their time and expertise.

1.2After a decade of neglect, we need bold transformative reform from the Commonwealth Government to protect animals. This bill does little.

1.3Across the nation, grotesque and systemic abuse of animals continues. Sheep and cattle are sweltering and dying on export ships of misery; hens are suffering in tiny, caged spaces, struggling to even stretch their wings; thousands of greyhounds are suffering injuries on racetracks; and too many are dying cruel and premature deaths. Horses are being whipped, raced and slaughtered mercilessly at abattoirs, and much more.

1.4This bill is a missed opportunity to make urgently needed reforms to improve animal welfare, including to establish a national Independent Office of Animal Welfare to develop, implement and oversee Commonwealth regulation of animal welfare in Australia.

1.5While the Inspector-General of Live Animal Exports Amendment (Animal Welfare) Bill 2023 is a small step forward, there are key issues that remain unaddressed. The Australian Greens recommend the bill be amended to:

(1)expand the functions of the Inspector-General to oversee all Commonwealth regulation of animal welfare;

(2)recognise animal sentience in law;

(3)require that the Inspector-General have expertise in animal welfare science, animal welfare law, or animal welfare policy; and

(4)require that the Inspector-General disclose any interests that could conflict with the proper performance of their functions.

1.6Without these amendments, the Inspector-General of Animal Welfare and Live Exports (Inspector-General) risks being ineffective in achieving its objectives and ensuring animal welfare.

Oversight of all Commonwealth regulation of animal welfare (1)

1.7The Australian Greens believe the functions of the Inspector-General of ‘Animal Welfare’ should extend beyond live exports and be expanded to include the full extent of the Commonwealth’s role in regulating animal welfare. There is no reason that the Inspector-General’s role should be limited to issues relating to live animal export. The Parliamentary Library has confirmed that the Commonwealth government can legislate extensively on animal welfare matters to protect:

the welfare of all animals and animal products, being exported from, or imported to, Australia;

kangaroos killed for commercial purposes;

introduced animals being managed under National Threat Abatement Plans;

animals in the territories or on Australian Government land, animals used in research conducted in the territories or on Australian Government land;

animals under the control of a constitutional corporation (which would cover corporations using animals in food production, possibly pet stores and also universities and bodies involved in animal research);

animals involved in interstate or international trade and commerce; and

animals whose welfare is addressed in international agreements to which Australia is a party.

1.8The Australian Labor Party committed to establish an independent Inspector‑General for Animal Welfare in the leadup to the Federal Election in 2022,[1] but have failed to deliver on this promise.

1.9Several submissions to this inquiry supported an expansion of the functions of the Inspector-General to other Commonwealth-regulated areas, including the Australian Alliance for Animals (AAA), RSPCA Australia, and Animals’ Angels.[2] AAA noted that these expanded functions:

…would deliver substantial long-term benefits via increasing the confidence of international trading partners and the Australian community in the Government’s commitment to ensuring high standards of animal welfare.[3]

1.10This support was confirmed by AAA and RSPCA Australia in the public hearing for this inquiry.[4] RSPCA Australia in the hearing commented that:

… there is significant evidence that there’s disjoint with the management of animal welfare across Australia … an independent office to have oversight of how that is managed and regulated is critically important for our international reputation. It’s important to the Australian public as well, as seen in multiple different polling results.[5]

1.11The bill should be amended to provide that the Inspector-General has oversight of all Commonwealth Government regulation of animal welfare.

Recognition of animal sentience in law (2)

1.12We must rethink our entire relationship with animals. The reality is that animals are sentient beings and they have every right to live free of pain, suffering and fear, just as we do. They have intrinsic value. Animals aren’t commodities or products, they are living, breathing, sentient beings that deserve our respect and care.

1.13The Australian Greens believe animal sentience should be recognised in Australian federal law and this bill must be amended to enshrine animal sentience in legislation. This would be consistent with the most recent Australian Animal Welfare Strategy, which notes that, ‘sentience is the reason animal welfare matters’.[6]

1.14Recognising animal sentience would also be consistent withthe Australia-UK Free Trade Agreement which says, ‘the Parties recognise that animals are sentient beings’.[7] Many other countries have taken the step to recognise animal sentience in law, including the United Kingdom, the United States, France, New Zealand, Canada, Peru, Sweden and Spain.[8] Several submissions to this inquiry support the recognition of animal sentience in law,[9] and this support was confirmed in the public hearing.[10]

1.15As AAA emphasised in the hearing:

The sentience of animals is the underlying basis for why animal welfare matters, and its recognition is already consistent with existing Australian government policy under the Australian Animal Welfare Strategy and now in some of our free trade agreements, notably the UK free trade agreement and the draft EU free trade agreement…

…many nations around the world are [recognising animal sentience in law], so, if Australia wants to keep up with the international pace, it should be following suit with recognising animal sentience as well.[11]

1.16The bill should be amended to recognise animal sentience in law.

Inspector-General must have animal welfare expertise (3)

1.17In its current form, the bill does not require the Inspector-General to have any expertise related to animal welfare. The Australian Greens believe the bill should be amended to require that the Inspector-General have expertise in animal welfare science, animal welfare law, or animal welfare policy.[12]

1.18Submissions to this inquiry are supportive of this requirement for animal welfare expertise. In particular, stakeholders to this inquiry noted that veterinary science expertise and animal welfare expertise are not coextensive.[13]

1.19Stakeholders said that the type of animal welfare qualifications the Inspector‑General and their staff should be expected to possess include, for example, an Master of Science Animal Welfare Science, Ethics and Law, holding other higher degree research qualifications in animal welfare, or being a member of the Animal Welfare Chapter of the Australian and New Zealand College of Veterinary Scientists (MANSCVS (Animal Welfare)).[14]

1.20The bill should be amended to require that the Inspector-General have expertise in animal welfare science, animal welfare law, or animal welfare policy.

Inspector-General must disclose conflicts of interest (4)

1.21As currently drafted, the bill does not require the Inspector-General to disclose any conflicts of interest. The bill should be amended to require written notice from the Inspector-General to the Minister of all interests, pecuniary or otherwise, that they have or acquire, and that conflict or could conflict with the proper performance of their functions. This amendment will help ensure independence, integrity, and public trust in the Inspector-General, and ensure their work is motivated by animal welfare. RSPCA Australia and AAA noted in the hearing their support for such an amendment.[15]

1.22In addition, stakeholders suggested that the independence of the Inspector‑General could be improved by ensuring its staff are not recruited from the Department of Agriculture, Fisheries and Forestry (DAFF), ensuring that the Inspector-General does not report to the Minister for Agriculture,[16] and providing further resourcing for the Inspector-General over time so that it need not rely on departmental resources.[17]

1.23The bill should be amended to require the Inspector-General to disclose any conflicts of interest that conflict or could conflict with the proper performance of their functions.

Independent Office of Animal Welfare

1.24While the bill is a small step in the right direction, we note that the bill is a wasted opportunity to make more significant improvements to animal welfare, including to establish a national Independent Office of Animal Welfare to develop, implement and oversee Commonwealth regulation of animal welfare in Australia.

1.25DAFF has a long history of failing to prioritise animal welfare because of a fundamental conflict with its responsibility for promoting the interests of the industry. Animal welfare will always come second to industry profits. An Independent Office of Animal Welfare can be a true voice for animals.

1.26The Productivity Commission has also recommended an establishment of a similar Australian Commission for Animal Welfare.[18] Many submissions to this inquiry are supportive of establishing a national Independent Office of Animal Welfare.[19]

1.27A national Independent Office of Animal Welfare should be established to develop, implement and oversee Commonwealth regulation of animal welfare in Australia.

Phase out of live sheep exports by sea

1.28In addition, we note that the Inspector-General should oversee the phase out of live sheep exports by sea, which the Labor government has committed to.[20] The Inspector-General has functions to monitor, investigate and report on the implementation of Commonwealth legislation related to live animal exports which could include the phase out of live sheep exports. AAA and the RSCPA noted the importance of phasing out live sheep exports to this inquiry, as have many submissions to the ongoing Independent Panel Consultation.[21] The live sheep export trade must end as soon as possible.

Recommendations summary

Recommendation 1: The Bill should be amended to provide that the Inspector-General has oversight of all Commonwealth government regulation of animal welfare.

Recommendation 2: The Bill should be amended to recognise animal sentience in law.

Recommendation 3: The Bill should be amended to require that the Inspector-General and their staff have expertise in animal welfare science, animal welfare law, or animal welfare policy.

Recommendation 4: The Bill should be amended to require the Inspector-General to disclose any conflicts of interest that conflict or could conflict with the proper performance of their functions.

Recommendation 5: A national Independent Office of Animal Welfare should be established to develop, implement and oversee Commonwealth regulation of animal welfare in Australia.

Senator Mehreen Faruqi

Member

Deputy Leader of the Australian Greens

Greens Senator for New South Wales

Footnotes

[1]Australian Labor Party, ‘Strengthening Animal Welfare’, Policy, 17 May 2022.

[2]Australian Alliance for Animals (AAA), Submission 5, pp. 4–5; RSPCA Australia, Submission 2, p. 3; Animals’ Angels, Submission 6.

[3]AAA, Submission 6, p. 2.

[4]Dr Jed Goodfellow, AAA, Committee Hansard, 14 August 2023, p. 7; Dr Suzie Fowler, RSPCA Australia, Committee Hansard, 14 August 2023, p. 7.

[5]Dr Suzie Fowler, RSPCA Australia, Committee Hansard, 14 August 2023, p. 7.

[6]Department of Agriculture, Fisheries and Forestry (DAFF), Australian Animal Welfare Strategy (AAWS) and National Implementation Plan 2010-2014, Executive Summary.

[7]Australia-UK Free Trade Agreement, Chapter 25 Animal Welfare and Antimicrobial Resistance, Article 25.1, paragraph 1; AAA, Submission 5, p. 4.

[8]World Animal Protection, Encouraging Animal Sentience Laws Around the World, Online Blog, 27April 2023.

[9]AAA, Submission 5, pp. 3-4; RSPCA Australia, Submission 2, p. 2.

[10]Dr Jed Goodfellow, AAA, Committee Hansard, 14 August 2023; Dr Suzie Fowler, RSPCA Australia, Committee Hansard, 14 August 2023.

[11]Dr Jed Goodfellow, AAA, Committee Hansard, 14 August 2023, p. 3 and p. 8.

[12]RSPCA Australia, Submission 2, p. 4; AAA, Submission 5, p. 6; Stop Live Exports, Submission 7, p.1.

[13]AAA, Submission 5, p. 6; Dr Suzie Fowler, RSPCA Australia, Committee Hansard, 14 August 2023,p.7; DrJedGoodfellow, AAA, Committee Hansard, 14 August 2023, pp. 3, 7; Dr Melanie Latter, Australia Veterinary Association (AVA), Committee Hansard, 14 August 2023, p.7.

[14]AAA, Submission 5, p. 6; Dr Melanie Latter, AVA, Committee Hansard, 14 August 2023, p. 7; AAA, Submission 5, p. 6.

[15]Dr Jed Goodfellow, AAA, Committee Hansard, 14 August 2023, p. 8; Dr Suzie Fowler, RSPCA Australia, Committee Hansard, 14 August 2023, p. 8.

[16]Dr Suzie Fowler, RSPCA Australia, Committee Hansard, 14 August 2023, p. 8; Dr Jed Goodfellow, AAA, Committee Hansard, 14 August 2023, p. 8; Dr Melanie Latter, AVA, Committee Hansard, 14August 2023, p. 8.

[17]Dr Jed Goodfellow, AAA, Committee Hansard, 14 August 2023, p. 8.

[18]Productivity Commission, ‘Regulation of Australian Agriculture’, Inquiry Report No. 79, 28 March 2017, Chapter 5.

[19]RSPCA Australia, Submission 2, p. 1; AVA, Submission 3, p. 2; AAA, Submission 5, p. 2.

[20]DAFF, ‘Phase out of live sheep exports by sea’.

[21]Dr Jed Goodfellow, AAA, Committee Hansard, 14 August 2023, p. 9; Dr Melanie Fowler, RSPCA Australia, Committee Hansard, 14 August 2023, p. 9; DAFF, ‘Update from the independent panel consulting on the phase out of live sheep exports by sea’, 27 July 2023.