Alternative Methods

Animals and the Law in Australia

 

In Australia, the State and Territory governments legislate to protect animal welfare. The legislation varies between the states. It can be downloaded from AustLII Database: www.austlii.edu.au/databases.html 

The Code which governs research using animals is national –
Australian Government National Health and Medical Research Council: Australian code of practice for the care and use of animals for scientific purposes (7th edition, 2004).  http://www.nhmrc.gov.au/health_ethics/animal/issues.htm#b

One of the purposes of this code is: 

• To promote the development and use of techniques that replace the use of animals in scientific and teaching activities.

One of the general principles of this code is: 

• Replacement: Techniques that totally or partially replace the use of animals for scientific purposes must be sought and used wherever possible.

Institutions that use animals for scientific purposes are required to establish an Animal Ethics Committee directly responsible to the governing body of the institution. This Committee is supposed to ensure, on behalf of the institution, that all care and use of animals is conducted in compliance with the Code, including applying the Replacement principle. The Committee receives applications to conduct research. The aim is to ‘approve only those studies for which animals are essential and justified and which conform to the requirements of the Code’. Part of the form researchers are required to fill out includes a section on Replacement (viii).

Explanation of why animals are needed for the project, including: 

• A list of any potential alternatives to animal use
• Whether any of these alternatives would be used, and if not
• Why alternatives are unsuitable

When planning a project, researchers are urged to ask:
'Can the aims be achieved without using animals?'

Links

Animal law and ethics (online journal)
www.law.upenn.edu/groups/jale

Australian Law Reform Commission Journal: Reform, First issue of 2008 on Animal Law
www.alrc.gov.au/publications

Australian Animal Protection Law Journal
(John Mancy received a Voiceless grant in 2007 to set this up).

Caufield, M. 2009. Handbook of Australian Animal Cruelty Law, Melbourne: Animals Australia.

Eadie, Edward 2009  Animal Suffering and the Law, South Australia: Seaview Press.

Sankoff, P. & White, S. (eds) 2009. Animal Law in Australasia: A new dialogue. Federation Press. 

Seymour, G. 2004. Animals and the Law: Towards a Guardianship Model, Alternative Law Review 4/29.

Sharman, K. 2002. Animal Law in Australia, Animal Legal and Historical Web Centre.

White, S. 2005. Animals and the Law: A New Legal Frontier? Melbourne University Law Review, 9/29.

White, S. 2003 'Legislating for Animal Welfare' Alternative Law Review, 6/28.