Chapter 1Introduction and background
Referral and conduct of the inquiry
1.1On 3 August 2023, the Senate referred the Inspector-General of Live Animal Exports Amendment (Animal Welfare) Bill 2023 (the bill) to the Rural and Regional Affairs and Transport Legislation Committee (the committee) for inquiry and report by 30 August 2023.
1.2The bill seeks to expand the current role of the Inspector-General of Live Animal Exports (IGLAE) by creating additional animal welfare related objects and functions to improve animal welfare and livestock exports.[1]
1.3The committee called for submissions by 14 August 2023 by advertising the inquiry on its website and writing to a number of relevant stakeholders to invite submissions. The committee received seven submissions, which were published on the committee's website. A list of submitters is provided at Appendix 1.
1.4The committee conducted a public hearing for the inquiry on 14 August 2023 at Parliament House in Canberra. Witnesses included representatives from animal welfare groups, industry representatives, and the Department of Agriculture, Fisheries and Forestry (DAFF). A list of witnesses is provided at Appendix2.
1.5The committee thanks all those who contributed to the inquiry.
Structure of the report
1.6This report comprises two chapters. This first chapter covers the referral and conduct of the inquiry and summarises the functions and provisions of the bill.
1.7Chapter 2 outlines the key issues raised by stakeholders in relation to the bill’s provisions. The chapter ends with the committee’s view and recommendation.
Functions and provisions of the bill
1.8The Inspector-General of Animal Welfare and Live Animal Exports (IGAWLAE) mirrors similar Inspector-General roles across the government, including for example, the Inspector-General for Aged Care. The role of the Inspector-General is to provide independent oversight of how DAFF performs its role as the regulator of livestock exports.
1.9Functions of the IGAWLAE include reviewing and reporting on all matters within the livestock export supply chain, including: how the department implements and regulates livestock exports, how the department reports on animal welfare concerns within the supply chain, including breaches, standards and outcomes; and to provide independent and transparent advice to the Australian public by publishing recommendations as to how the department can improve livestock exports and animal welfare standards and outcomes as they relate to livestock exports.
1.10The current bill proposes to:
rename the Inspector-General of Live Animal Exports Act 2019 (the Act) to the Inspector-General of Animal Welfare and Live Exports Act 2019;
amend the Act to expand the functions of the office of the IGAWLAE to include increased oversight, accountability and transparency for animal welfare of exported livestock; and
expand the current office of the IGLAE to provide an enhanced focus on animal welfare and to rename it the ‘Inspector-General of Animal Welfare and Live Animal Exports’.
1.11The bill seeks to broaden the IGAWLAE’s functions to include conducting reviews into the effectiveness of Commonwealth systems for the administration of livestock exports under animal welfare and live animal export legislation, including the effectiveness of the Australian Standards for the Export of Livestock (ASEL). This would include the conduct of reviews of the performance of functions, or exercise of powers by livestock export officials under live animal export legislation and standards.
1.12The bill’s Explanatory Memorandum (EM) states:
Animal welfare is important to the Australian community, which expects robust oversight, accountability and transparency of animal welfare in livestock exports. Expanding the office of the [IGLAE] will support this and deliver the Australian Government’s commitment to strengthening animal welfare.[2]
Structure of the bill
1.13The bill comprises three parts:
Part 1 contains the main amendments to the Act;
Part 2 sets out other amendments, including minor amendments to the National Anti-Corruption Commission Act 2022, to reflect the renaming of the title of the IGLAE; and
Part 3 contains saving, application and transitional provisions.[3]
1.14Amendments to the Act include:
promoting improvements in the development of the ASEL;
expanding the functions of the IGLAE’s office to review the effectiveness of Commonwealth administrative systems, and the effectiveness of Commonwealth reporting, relating to animal welfare and livestock exports;
providing that the office of the IGAWLAE is independent and has complete discretion in the performance of its functions and the exercise of its powers, and is not subject to direction by any person other than as provided for in the Act;
requiring the IGAWLAE to undertake a particular review if the Minister directs it in writing;
providing that the IGAWLAE may (but is not obliged to) conduct a particular review if requested by a Minister (other than the Minister who administers the Act) who administers a law relating to livestock exports or the Secretary of DAFF; and
clarifying administrative arrangements such as publication of an annual work plan, persons assisting the IGAWLAE, and the engagement of consultants.[4]
Financial impact
1.15The Australian Government has committed $4 million over four years from 2022–2023 to support the expanded functions of the IGLAE. This formed part of the October2022 budget.
Scrutiny committee reviews
1.16The Senate Standing Committee for the Scrutiny of Bills (Scrutiny Committee) requested the minister’s detailed advice as to:
what criteria or considerations exist that limit or constrain the exercise of the Inspector-General’s broad discretionary powers in proposed subsections 10(2A) and 10C(2), including whether these are contained in law or policy; and
whether the bill can be amended to include safeguards to protect the disclosure of a livestock export official’s personal information.[5]
1.17Following a reply from the minister, the Scrutiny Committee wrote:
The committee notes the minister's advice that the exercise of the Inspector-General’s broad discretionary powers are necessarily and appropriately constrained under proposed subsection 10(1) and proposed section 3 of the bill. The committee also notes the minister's advice regarding the protection of personal information under the Privacy Act 1988 and the Act.[6]
1.18The Scrutiny Committee proposed that an addendum be added to the EM to better explain this, and made no further comment on the bill.
1.19The Parliamentary Joint Committee on Human Rights (Human Rights Committee) asked the minister to clarify the following points:
(a)the likely type or scope of personal information that may be obtained, used or disclosed by the Inspector-General in performance of their functions;
(b)the specific safeguards in the Privacy Act and in the information management framework under the current Act that would operate to protect the right to privacy in the context of this measure; and
(c)whether, where the report relating to a review conducted by the Inspector-General is required to be published, it would be publicly available, and if so, whether it would contain personal or identifying information.
1.20Following a response from the minister, the Human Rights Committee concluded that there are ‘sufficient safeguards to ensure that any limitation on the right to privacy is likely to be proportionate’, and made no further comments on the bill.[7]