Animals & Law

The use of the term ‘Animal Law’ is consistently being misused by animal extremists. This is most prevalent in courses being offered within our universities, where animal rights activists have successfully made their way into the teaching roles and have re-orchestrated the structure of the courses away from the traditional aspects of law and drastically increased the philosophical argument in order to indoctrinate the next generations of the legal profession. 

The most complex and sought after change being pursued is the removal of ‘the property status of animals’ and providing animals with ‘personhood’ rights. Activists refer to this as animal guardianship, rather than animal ownership. Many of us within the dog and cat breeding communities will recognise ‘guardianships’ as something completely different.

The current use of guardianship agreements within the pet breeding community is strongly opposed by the animal rights extremists and activists, and for good reason, they want to lay claim to the use of guardianship which is of course, a stark conflict.

The removal of animal ownership to ’personhood’ (guardianship) rights will have significant legal ramifications and will impact on the right to own any animal.

Animal ’personhood’ will require a third person being appointed to intervene in decisions regarding the care and welfare of our animals, and ultimately this could result in the government or other ’appointed associations’ such as the RSPCA, taking full responsibility for the wellbeing of your animals. 

This will allow them to legally act on behalf of the animals that you (once) owned and potentially the right to take legal action against you if you are deemed not to be acting in the best interest of the animal. This would extend far beyond the current powers of animal welfare law compliance, as it would likely include all decision making rights currently held by you (as the owner), such as decisions on medical treatment or terminally ill animals being challenged, including early intervention to euthanise your animal before you wish to do so, or to place your animal under prolonged medical treatments if they believe you have not exhausted all the options. The ramifications are endless and frightening.

Animal Care Australia opposes the removal of your rights to own, keep and breed animals.

Domestic Violence and animals

For some people who experience family violence, their pets become a significant tool used against them, effectively forcing them into making the decision to leave without the pet, risk the pets’ lives or persevere and continue the lifetime of abuse on both themselves and their pets.

This problem is exacerbated by the fact that most rental homes and refuges around Australia still do not permit animals.

Our laws must be brought up to date and community expectation to allow the human and animal victims access to rental and supported accommodation. For many people their pets are their last remaining hope of comfort and a foreseeable future. Law enforcement and community organisations are not empowered to be proactive in the cases of family violence against pets. Animal Care Australia supports and will fight for reforms to protect all victims of domestic and family violence – both human and animal.

We will continue to lobby for legislative changes to ensure their safety is not jeopardised or compromised by the perpetrators of family and domestic violence who threaten them with harm in order to make family members comply.

Pets (animals) in hot vehicles

Animal Care Australia  highlights this should cover all animals and not be restricted just to dogs.

Equally Animal Care Australia supports the inclusion of exemptions for working dogs being used for working livestock as well as the additional consideration of ambient temperatures and the length of time involved, as part of any proposed or introduced legislation.

Animal Care Australia supports protecting animals from experiencing this kind of irresponsible neglect!

Animal Care Australia strongly supports ongoing legislative review of laws pertaining to and protecting of animals and their welfare.