Results
| Title | Citation | Alternate Citation | Agency Citation | Summary | Type |
|---|---|---|---|---|---|
| AU - Cruelty - Prevention of Cruelty to Animals Act 1979 (NSW) | Prevention of Cruelty to Animals Act 1979 | The Prevention of Cruelty to Animals Act 1979 (POCTAA) is the primary piece of legislation that aims to protect animals from cruelty in New South Wales, Australia. POCTAA establishes certain acts or omissions as offences and also provides defences to a charge under the Act in certain circumstances. POCTAA prohibits cruelty and aggravated cruelty generally, as well as a number of other types of activities, including neglect, confinement, abandonment, failure to act in certain circumstances, some transport-related activities, inappropriate use, mutilation, poisoning, torture, fighting and baiting, certain hunting and trapping related activities, selling severely injured animals and failing to take action where an animal is injured by a vehicle. | Statute | ||
| Australia - Animal Welfare - (Broiler Chickens: Fully Housed) Code of Welfare 2003 | Code of Welfare No. 1 | This code applies to all persons responsible for the welfare of broiler chickens in controlled environment broiler production systems. The pre-hatched chick that is in the last half of development is also covered by this code. In controlled environment broiler production systems, broiler chickens are kept in enclosed housing and are reliant on human management for all their daily requirements. The rearing of broiler chickens, if it is to be done well, requires both experience and the observance of high standards. Unless that work is done well, the welfare of the birds cannot be adequately protected. This code is intended to encourage all those responsible for its implementation to adopt the highest standard of husbandry, care and handling, to equal or exceed the minimum standards. | Administrative | ||
| AU - Research - Animal Research Act 1985 (NSW) | Animal Research Act 1985 |
The NSW Act was introduced to protect the welfare of animals by ensuring that their use in research is always humane, considerate, responsible and justified. The 1995 Regulation incorporated the Australian Code of Practice for the Care and Use of Animals for Scientific Purposes into the legislation. Quorum The quorum for a meeting of the Panel is 7 members of the Panel, of whom: (a) at least one shall be a member appointed in accordance with section 6 (2) (a) or (b), (b) at least one shall be a member appointed in accordance with section 6 (2) (c) or (d), and (c) at least one shall be a member appointed in accordance with section 6 (2) (e), (f), (g) or (h). |
Statute | ||
| Turner v Cole | [2005] TASSC 72 |
RSPCA officers found a horse belonging to the applicant on the applicant's property and, after preparing the horse for transport, had to euthanise the animal when it collapsed. The applicant was convicted of failing to feed a horse which led to its serious disablement and eventual euthanisation. The applicant was unsuccessful on all issues on appeal and was liable for a fine of $4000 and prevention from owning 20 or more horses for five years. |
Case | ||
| Animal Liberation Ltd v Department of Environment & Conservation | [2007] NSWSC 221 |
The applicants sought to restrain a proposed aerial shooting of pigs and goats on interlocutory basis pending the outcome of a suit claiming the aerial shooting would constitute cruelty. It was found that the applicants did not have a 'special interest' and as such did not have standing to bring the injunction. The application was dismissed. |
Case | ||
| Department of Local Government and Regional Development v Emanuel Exports Pty Ltd | Western Australia Magistrates Court, 8 February 2008, Magistrate C.P. Crawford |
The central allegation was that the defendants transported the sheep in a way likely to cause unnecessary harm. Magistrate Crawford found that the sheep, some of which died from inanition, suffered distress and harm and that this harm was unnecessary. Proof of actual harm, however, was unnecessary as it only had to be shown that it was likely that the sheep would suffer harm. This required evidence pointing only to the conditions onboard the ship, and voyage plan, as at the first day. The defences of necessity and honest and reasonable belief were both dismissed. |
Case | ||
| AU - Cruelty - Queensland Animal Care and Protection Act 2001 (QLD) | Queensland Animal Care and Protection Act 2001 |
The purposes of this Act are to promote the responsible care and use of animals; provide standards for the care and use of animals that--achieve a reasonable balance between the welfare of animals and the interests of persons whose livelihood is dependent on animals; and to allow for the effect of advancements in scientific knowledge about animal biology and changes in community expectations about practices involving animals; to protect animals from unjustifiable, unnecessary or unreasonable pain; to ensure the use of animals for scientific purposes is accountable, open and responsible. Attached pdf is the 2003 reprint. |
Statute | ||
| AU - Threatened Species Protection Act 1995 (QLD) | Threatened Species Protection Act 1995 |
The Nature Conservation Act 1992 is an act of the Parliament of Queensland that provides for the legislative protection of Queensland's threatened fauna and flora. As originally published, it provided for native animals and plants to be declared presumed extinct, endangered, vulnerable, rare or common. In 2004 the act was amended to more closely align with the International Union for the Conservation of Nature and Natural Resources categories: presumed extinct was changed to extinct in the wild and common was changed to least concern. |
Statute | ||
| RSPCA v. Stojcevski | 2002 WL 228890, 134 A Crim R 441 | 2002 SASC 39 |
Appeal against the order of the Magistrate dismissing a complaint - prevention of cruelty to animals - respondent charged with ill treating an animal in that failed to take reasonable steps to alleviate any pain suffered by the animal who had a fractured leg bone contrary to sec 13(1) of the Prevention of Cruelty to Animals Act 1985. Dismissal was upheld and court found that defendant did not understand dog was in pain and had and was going to take reasonable steps. |
Case | |
| Veterinary Surgeons Investigating Committee v. Lloyd | 2002 WL 31928523, 134 A Crim R 441 | 2002 NSWADT 284 |
Appeal of agency determination of veterinarian malpractice for failure to detect ring worms in a cat. Long case with full discussion of process of administrative hearing and the standards by which to decide if an action is malpractice. |
Case |