The Animal Law Toolkit December 2009 About Voiceless Voiceless is an independent non-profit Patrons think tank dedicated to alleviating the • J.M. Coetzee, Nobel Prize for Literature Winner suffering of animals in Australia. 2003, author of The Lives of Animals Established by father and daughter and Elizabeth Costello team, Brian Sherman AM and Ondine • Brian Sherman AM Sherman, Voiceless: Ambassadors • Creates and fosters networks of leading lawyers, • Hugo Weaving (Last Ride, Little Fish, The Lord of politicians and academics to influence law and the Rings Trilogy, The Matrix Trilogy, Priscilla Queen public policy; of the Desert) • Conducts high quality research and analysis of • Abbie Cornish (Bright Star, Stop-Loss, Elizabeth: The animal industries, exposing legalised cruelty and Golden Age, A Good Year, Candy, Somersault) promoting informed debate; • Lindsay McDougall (aka ‘The Doctor’) from the • Creates a groundswell for social change by Triple J Breakfast Show and Triple J TV building and fortifying the Australian animal protection movement with select Grants and For further information visit www.voiceless.org.au Prizes; and This document has been researched and written by • Aims to inform consumers and empower them to Katrina Sharman and Lara Cumming, with editorial make animal-friendly choices. and research support from Brian Sherman AM, Ondine Sherman, Elaine Morris, Kelly Blainey Lyell, Claudia Hoeben, Lucy King, Claire Bradbury, Melissa Knoll and Elizabeth Usher. For further information contact: Disclaimer: Voiceless Limited ACN 108 494 631 (‘Voiceless’) is a company limited by guarantee. Voiceless is Voiceless not a legal practice and does not give legal advice to individuals or organisations. While Voiceless has made 2 Paddington Street every effort to ensure the accuracy of information, including images, presented in this Guide, Voiceless does not Paddington NSW 2021 AUSTRALIA guarantee the accuracy or completeness of that information. Information is provided by Voiceless as general T: + 612 9357 0723 F: + 612 9357 0711 information only and any use of or reliance on it should only be undertaken on a strictly voluntary basis after email [email protected] an independent review by a qualified legal practitioner (or other expert). Voiceless is not responsible for, and © December 2009 disclaims all liability for, any loss or damage arising out of the use of or reliance on this Guide. This Guide is ISBN: 978-0-9803740-4-9 (paperback) protected by copyright and no part of it should be reproduced in any form without the consent of Voiceless. To ISBN: 978-0-9803740-5-6 (online) learn more about Voiceless, please visit www.voiceless.org.au Table of Contents 1. What is Animal Law? 1 1.1 Animal Law 1 1.2 Practice Areas in Animal Law 2 2. What are the Key Issues that Animal Law Seeks to Address? 3 2.1 Issues in Animal Law 3 2.2 Examples of Animal Law Cases 8 3. What is the State of the Animal Law Movement? 17 3.1 The Movement 17 3.2 Legal Organisations Focusing on Animal Protection Issues 17 3.3 Animal Law Courses 18 3.4 Animal Law Course Outlines 20 3.5 Objectives of Legal Organisations Focusing on Animal Protection Issues 21 3.6 Journals Focusing on Animal Law 22 3.7 Australian Conferences Focusing on Animal Law 22 3.8 Australian Animal Lawyers 23 4. How Can I Become More Involved in the Animal Law Movement? 25 5. Additional Reading and Resources 27 5.1 Australian Legislation 27 5.2 Federal Model Codes of Practice for Animal Welfare 27 5.3 Websites of Australian Animal Protection Groups 29 5.4 Books and Journal Articles 30 5.5 Sample Petition 34 Introduction 1. What is Animal Law? Animal law is a cutting edge area of law which is 1.1 Animal Law Animal rights lawyers do not argue that animals Intellectual Property Working on disputes related to ‘patented’ animals. rapidly expanding. In recent years there has been As our understanding of animal behaviour and should be given the same rights as humans. Rather, a proliferation in scholarly writing on the subject, different animals require different rights depending intelligence has increased, there has been broad Litigation an increased demand for animal law courses on their needs and capabilities.6 The fundamental acceptance that animals are sentient creatures Running cases to protect farm animals, companion in universities and the founding of numerous tenet of animal rights law is that the law should not who should be able to live free from suffering and animals, wild animals or animals used for sport, organisations whose sole aim is to promote the treat animals as mere ‘things’. This is based on the abuse. Unfortunately, we live in an era where more entertainment or scientific purposes. protection of animals. The President of the Australian animals are suffering than ever before. The law has assumption that unless animals have rights, they will Law Reform Commission, Professor David Weisbrot continue to be treated by society as resources to an important role to play in protecting animals from Product Liability Cases AM, summed up these changes when he described exploitation and cruelty. However, the current legal satisfy human wants and needs. Running cases that concern the death or disablement animal law as ‘potentially the next great social justice regime is proving grossly inadequate. of animals. movement’.1 1.2 Practice Areas in Animal Law Both the common law and Australian statute Animal Law is a diverse field which requires Tort Law In recognition of the growing interest in animal law, law classify animals as ‘things’.2 This is the same practitioners to draw on many legal disciplines. Some Defending animal activists or assisting in veterinary Voiceless has prepared this ‘Animal Law Toolkit’ to classification given to objects or pieces of property. potential areas of practice are outlined below. malpractice suits. introduce students, academics, legal practitioners, law People, on the other hand, are classified as legal Administrative Law firms and animal protectionists to key issues in the persons. This distinction is crucial as it determines Challenging ministerial and departmental decisions 1 field. The Toolkit is intended to provide: who ‘counts’ for legal purposes.3 Only legal persons 2 and agency rules and regulations that affect the are given a voice in our legal system and afforded • individuals with information about key animal law interests of animals. issues; protection through the possession of legal rights. ‘Things’, being unable to possess rights, are the Companion Animals • students with the tools to request animal law property of legal persons and can therefore be Representing ‘death row’ dogs that are deemed a courses at their university; and subjected to gross abuse and exploitation. danger to the community. • law firms and legal practitioners with reasons In recognition of this problem, two streams of law Criminal Law to expand their practice areas to include animal have developed that aim to provide animals with Defending animal activists accused of criminal activity law matters, with a view to facilitating the greater protection: and prosecuting breaches of anti-cruelty legislation. administration of justice for animals. 1. Animal welfare law Constitutional Law We hope that as debate and discussion about Defending activists’ freedom of political communication. the institutionalised suffering of animals gathers Animal welfare is a philosophy which is concerned momentum, this Toolkit will serve as a helpful starting with regulating the use of animals to reduce Consumer Protection Law point for those seeking to provide animals with the unnecessary pain and suffering. ‘Animal welfarists’ Pursuing acts of misleading or deceptive advertising justice they deserve. do not seek to question the status of animals as by companies that sell animal-derived products. property.4 Rather, welfarists argue that animals should Brian Sherman AM & Ondine Sherman be treated humanely within the existing paradigm of Estate Planning Managing Directors and Co-founders animal use.5 To this end, the primary goal of welfarists Helping with estate planning for pets. is to improve existing anti-cruelty legislation to and Family Law reduce unnecessary suffering. Katrina Sharman Assisting in pet custody disputes. Corporate Counsel 2. Animal rights law Freedom of Information Animal rights law seeks to question animals’ well- Accessing documents which may facilitate our entrenched status as property, with a view to securing understanding of the extent and manner in which fundamental rights for (at least some) animals. animals are suffering. 2. What are the Key Issues that “ when it comes to farm animals, Animal Law Seeks to Address? it would seem that the very laws 2.1 Issues in Animal Law animals, it would seem that the very laws designed The following provides examples of some of the to prevent cruelty actively facilitate it. This is an area designed to prevent cruelty key issues in animal law; however, it is by no means where animal lawyers are seeking significant reform. exhaustive. More issues are addressed in the books Federal Model Codes of Practice for actively facilitate it. This is an and articles listed in section 5.4. Animal Welfare Animals As Property Although all Australian states and territories have area where animal lawyers are The law’s relegation of animals to the category of anti-cruelty statutes, these afford little protection to property is arguably a key issue in their abuse and farm animals for a number of reasons, including the seeking significant reform.” exploitation. As such, many animal lawyers argue that operation of Codes of Practice (‘Codes’). Many animal animals should be given legal personhood. Personhood advocates have identified that the Codes: for animals is not impossible; legal persons do not • entrench factory farming standards for raising and have to be human.7 Furthermore, the fact that animals keeping livestock; and are already regarded as property would not prevent place on private property away from the public eye.15 • sanction many cruel practices involving the Live Animal Export them being reclassified.