76033 Animal Law and Policy in Australia

Warning: The information on this page is indicative. The subject outline for a particular session, location and mode of offering is the authoritative source of all information about the subject for that offering. Required texts, recommended texts and references in particular are likely to change. Students will be provided with a subject outline once they enrol in the subject.

Subject handbook information prior to 2024 is available in the Archives.

UTS: Law
Credit points: 6 cp
Result type: Grade and marks

Requisite(s): ( 70616 Australian Constitutional Law OR (70110 Introduction to Law AND (76006c Public International Law OR 70108c Public International Law OR 76110c Introduction to Public International Law)))
The lower case 'c' after the subject code indicates that the subject is a corequisite. See definitions for details.
These requisites may not apply to students in certain courses. See access conditions.
Anti-requisite(s): 78218 Animal Law and Policy in Australia AND 78219 Animal Law and Policy in Australia

Description

This subject examines the effectiveness of animal welfare regulation in Australia, as it applies to companion animals, farm animals, wild animals, animals in entertainment, and animals in experimentation. Students also evaluate Australia's regulatory regime alongside selected topics from international and comparative perspectives. The subject materials focus on the legal status of animals and the law’s role in preventing cruelty. This provides the foundation for evaluating whether regimes in Australia, or internationally, foster accountability and ethical standards. A consistent theme that weaves through the subject is the animal welfare versus animal rights debates that are presented against the historical influences of philosophy, morality and science. Students are encouraged to question and strengthen their ethical stance, building on their research skills to delve deeply into ethical and justice issues underpinning animal law. Students study, at an introductory level, Martha Nussbaum’s “capabilities approach”, that provides an alternative to the traditional welfare/rights dichotomy. The subject takes a practice-oriented approach to student learning, by including interactions with a rich array of expert speakers. It also provides students with practical assessments, including writing case notes that are collated into an animal law case book, freely available in the public domain.

Subject learning objectives (SLOs)

Upon successful completion of this subject students should be able to:

1.	Analyse and evaluate principles of animal law and policy in Australia, the European Union, and the rules of international trade law; and engage with theoretical frameworks of animal welfare/animal rights to respond to deficiencies in animal protection
2.	Evaluate, critically and comparatively, the historical, strategic and theoretical differences between animal welfare and animal rights, including an understanding of ethical standards and individual responsibilities
3.	Identify and evaluate the implications of ethics and attitudes in decision-making involving animal law and policy
4.	Conduct effective legal research by identifying and evaluating primary and secondary legal materials and interdisciplinary scholarship in order to investigate the effectiveness of animal welfare regulation in Australia
5.	Reflect critically upon personal communication skills and apply strategies to synthesise discussions and improve group and class outcomes.

Course intended learning outcomes (CILOs)

This subject also contributes specifically to the development of the following graduate attributes which reflect the course intended learning outcomes:

Ethics and Professional Responsibility
A capacity to value and promote honesty, integrity, accountability, public service and ethical standards including:
a. An understanding of approaches to ethical decision making and professional responsibility;
b. An ability to recognise, reflect upon and respond to ethical issues likely to arise in professional contexts in ways that evidence professional judgment, promote justice and serve the community; and
c. An ability to reflect on and engage constructively with diversity in practice. (LAW.2.1)
Research skills
Well-developed cognitive and practical skills necessary to identify, research, evaluate and synthesise relevant factual, legal and policy issues. (LAW.4.1)
Communication
Effective and appropriate communication skills including:
a. Highly effective use of the English language to convey legal ideas and views to different and diverse audiences and environments;
b. An ability to communicate to inform, analyse, report and persuade;
c. An ability to strategically select an appropriate medium and message;
d. An ability to assess how messages are received and alter communication strategies accordingly; and
e. An ability to be responsive and adaptive to the perspectives of collaborators, clients, counter parties and others. (LAW.5.1)

Teaching and learning strategies

Strategy 1: Preparation for Learning

To prepare for the interactive seminars it is essential that students complete the weekly readings and watch the assigned video clips. All learning materials, such as, journal articles, book chapters, video clips, podcasts, hypotheticals and problem questions can be accessed from Canvas; and are conveniently assembled into an electronic workbook (available on Canvas). The questions and hypothetical scenarios are used to stimulate class discussions, raise awareness and engagement with ethical and justice issues relevant to animal law and policy. These materials are also used for a range of other class activities, including collaborative work, the research activities and the preparation of case notes. Sound preparation is vital to facilitating students being able to work collaboratively in class; it also enables student to build their understanding and monitor their progress through continuous feedback provided to them and their peers during class discussions. Being able to participate actively, in informed and meaningful discussion, hones individual understanding though collaborative development of analytical skills that evaluate the development of theoretical frameworks and underpinnings of animal law and policy.

Strategy 2: Collaborative Learning.

Students work collaboratively in the same group (assigned by the subject coordinator) throughout the subject. This strategy encourages social cohesion of the groups. The collaborative process will be scaffolded (supported) in stages over the course of the seminars. Students are assigned into groups and work together on an ice-breaker, leading to engaging with hypotheticals, problem solving and presentations within their groups. Students will draw on their developing knowledge and understanding of theoretical frameworks, law and policy to consider hypothetical scenarios and give presentations on topics and issues that are typical of those that lawyers and policy-makers will encounter in the practice of animal law. Questions and hypotheticals undertaken as collaborative work are designed to allow students to evaluate Australia’s regulatory regime and also to undertake comparative evaluations of animal law and policy developed by the European Union as well as the impact of international trade on animal protection. Students will also collaboratively evaluate the historical, strategic and theoretical differences between animal welfare and animal rights and the consequence of Nussbaum’s “capabilities approach” on the rights/welfare debate.

Strategy 3: Developing research skills

Research skills are essential for every lawyer. The learning materials for this subject include a range of law, policy and theory relevant to animal welfare and animal rights. The theoretical materials weave throughout the course and together with other learning materials available from Canvas, provide tools and opportunities for students to practise their research skills by: researching and preparing for their class presentation; researching and writing the case note; and researching and writing the essay.

Strategy 4: Practical Learning

The seminars will include a range of practical learning opportunities, such as, discussions, debates and practice problems that involve explaining and applying complex policy and statutory provisions. In addition, the writing of a case note is an authentic assessment where students identify and analyse the law, demonstrating their ability to distil legal issues, reasons for a decision, and the wider implications of the decision.

Strategy 5: Online Learning Activities

Students will undertake readings made available through Canvas and will contribute to online discussion via Canvas. Students are expected to engage with the learning materials, make initial comments and post their analysis to questions that will be provided at the beginning of the teaching session. Students also engage critically with responses from two other students by replying to initial postings via Canvas. The questions and answers are designed to provide students with practice in critical thinking and writing.

Strategy 6: Ongoing Feedback

Opportunities are provided for formal and informal feedback throughout this subject, starting from the first seminar. Two of the seminar days are scheduled before the census date providing students with opportunities to gauge their performance early in the subject. Students will receive informal feedback on their oral skills, knowledge of the law and quality of analysis of legal, theoretical and ethical issues. This includes informal peer feedback on presentations as well as self-assessment by students on their class participation. Detailed criteria for the feedback and self-assessment are available from Canvas. Students are given the opportunity to obtain feedback from their teacher on their class participation half-way through the teaching session. Formal feedback is provided for the written assessments and the online discussion. Formal feedback is provided for the written assessments and the online discussion, including students’ ability to critique, articulate ideas, formulate an essay topic and synthesise research material.

Subject Delivery: The subject will be delivered in a blended learning block mode with extended seminar sessions over 5 Saturdays, complemented with online studies and activities. Students are expected to attend and participate in the seminar sessions unless prevented by extenuating circumstances.

Content (topics)

Topic 1 - Animals: Morality, Science and Justice

Philosophical Approaches to the Moral Status of Animals
Scientific Basis for Animal Welfare
Animal Welfare as a Matter of Justice

Topic 2 - Historical Development of Animal Law

Animals and Early History
Liability for Harm Done by Animals
Early Animal Cruelty Laws
Animal Emancipation

Topic 3 - Legal Status of Animals

Property Status of Animals
Domestic and Wild Animals
Issues with the Property Status of Animals
Animal Welfare or Animal Rights?

Topic 4 - Overview of Animal Law in Australia

The Nature of Animal Law; Federal Responsibilities/laws and strategies, State Animal Welfare Laws and Codes of Practice
What is an Animal?
Concept of Animal Welfare in Legislation and Policy
Criminal Liability
Defences

Topic 5 - Regulation of the Treatment of Companion Animals

Defining a Companion Animal
Significance of Companion Animals
Companion Animals in Custody Disputes
Companion Animals and Estate Planning
Can Animal Welfare Regimes Protect the Welfare of Companion Animals in an Effective Way?

Topic 6 - Regulation of the Treatment of Farm Animals

What is a Farm Animal?
Who is Responsible for Farm Animal Welfare?
Evaluation of the Australian Regime; Notion of cruelty and Barriers to effective enforcement of law and policy

Topic 7 - Regulation of Wild Animals

What is a Wild Animal; Wild animals as property
Welfare of Wild Animals
Wild Animals and Environmental Regulation
Captive Wild Animals – Zoos and Circuses

Topic 8 - Regulation of Animal Testing

Regulatory Framework in Australia
What is a Research Animal?
Codes and Ethics Committees
State and Territory Laws

Topic 9 - International Context

Comparison of the Approach of the European Union with the Approach in Australia. What lessons can Australia Learn?
Rules of the WTO (product/process). Do the Rules of the WTO Stand in the Way of Effective Regulation for Animal Welfare?

Assessment

Assessment task 1: Collaboration and Class Participation

Intent:	Students demonstrate their application of essential knowledge and skills whilst collaborating with colleagues in circumstances that closely relate to professional practice, including “thinking on one’s feet”.
Objective(s):	This task addresses the following subject learning objectives: 1, 2, 3 and 5 This task contributes specifically to the development of the following graduate attributes: LAW.2.1
Weight:	25%
Length:	Word Equivalent is 1,200 words.
Criteria:	Consistent preparation and contribution to the class discussion of topics demonstrating appropriate application of disciplinary knowledge Ability to work collaboratively on problem solving and present findings to class Critical analysis of materials and issues through reasoned choices and logical argument Actively and respectfully listening to the perspectives, arguments and explanations of others Presentation contains an analytical component Speakers keep to their allocated time limit

Assessment task 2: Assessment Task 2: Choice 1: Case note and extended discussion on the importance of the case, or Choice 2: Annotated Abstract and Essay

Weight:	25%
Length:	1,000 words

Assessment task 3: Assessment Task 2: Choice 1: Case note and extended discussion on the importance of the case

Intent:	This task contains substantial components of authentic assessment that allow students to perform a real-world task applying legal knowledge and skills gained in this subject to prepare a case note.
Objective(s):	This task addresses the following subject learning objectives: 1, 2, 3, 4 and 5 This task contributes specifically to the development of the following graduate attributes: LAW.2.1, LAW.4.1 and LAW.5.1
Weight:	Mandatory task that does not contribute to subject mark
Length:	1,000 words
Criteria:	Accurately summarises facts and decisions of the case (SLO 1, 3, 4, 5 and GA 2,4,5) Accurately identifies the ratio decidendi of the case (SLO 1, and GA 4,5) Critically analyses the decision (SLO 1, 2, 4, and GA 2,4,5) Explains the significance of the case in the wider context of animal protection (SLO 1, 2, 3 and GA 4, 5) Uses plain English understandable by non-lawyers (SLO 1, 5 and GA 4,5)

Assessment task 4: Assessment Task 2: Choice 2: Annotated Abstract and Essay

Objective(s):	This task addresses the following subject learning objectives: 1, 2, 3, 4 and 5 This task contributes specifically to the development of the following graduate attributes: LAW.2.1 and LAW.4.1
Weight:	Mandatory task that does not contribute to subject mark
Length:	1,000 words
Criteria:	Title for the essay that lets the reader know what the essay is about The abstract provides a summary of the essay and should include: the purpose of the essay, the methodology, the arguments and a conclusion Development of a preliminary logical and persuasive written argument Identification of relevant literature Annotated bibliography of five sources Relevance of sources to the arguments of the essay is evaluated Sources should be set out in accordance with the AGLC

Assessment task 5: Assessment Task 3: Choice 1: Extended Case note, or Choice 2: Essay

Weight:	50%
Length:	2500 words

Assessment task 6: Assessment Task 3: Choice 1 Extended Case note

Objective(s):	This task addresses the following subject learning objectives: 1, 2, 3, 4 and 5 This task contributes specifically to the development of the following graduate attributes: LAW.2.1, LAW.4.1 and LAW.5.1
Weight:	Mandatory task that does not contribute to subject mark
Length:	2,500 words
Criteria:	The extended evaluation will reflect on the significance of the case to animal law and policy. In undertaking this evaluation, students must discuss one or two of the theoretical foundations of animal law (eg animal welfare, animal rights, Nussbaum’s capabilities approach, anti-cruelty regulation, utilitarianism, Steven Wise and animal personhood, animals as property). Students must also discuss the relevance of the case in the broader context of animal law and policy. Students may draw examples from other cases or areas of animal law and policy for comparison and contrast.

Assessment task 7: Assessment Task 3: Choice 2 Essay

Objective(s):	This task addresses the following subject learning objectives: 1, 2, 3, 4 and 5 This task contributes specifically to the development of the following graduate attributes: LAW.2.1, LAW.4.1 and LAW.5.1
Weight:	Mandatory task that does not contribute to subject mark
Length:	2500 words
Criteria:	Understanding of the topic demonstrated by a clear introduction, effective organization of the essay and high quality arguments (SLO 1,2, 3, 4, 5 and GA 2, 4) Location, evaluation and use of primary and secondary research materials (SLO 1,2, 3, 4, 5 and GA 2) Critical analysis and individual insight or originality (SLO 1,2, 3, 4, 5 and GA 2) Development of a logical and persuasive written argument (SLO 1,2, 3, 4, 5 and GA 2) Logical organisation and structure of writing (SLO 1,2, 3, 4, 5 and GA 2) Engagement of reader through the use of appropriate and accurate language (SLO 1,2, 3, 4, 5 and GA 2) Appropriate and proper referencing using the AGLC (SLO 4, 5, GA 4, 5)

Required texts

Alex Bruce, Animal Law in Australia, an Integrated Approach, LexisNexis (2018)

Recommended texts

Deborah Cao Animal Law in Australia, LawBook Co (2010)

Peter Sankoff and Steven White, (eds) Animal Law in Australasia, The Federation Press (2009) (Highly Recommended)

Peter Sankoff, Steven White, Celeste Black (eds) Animal Law in Australasia 2nd edition, The Federation Press (2013). (Highly Recommended)

References

References and Additional Materials: Reports, Journals and General References

The reference texts and supplementary materials are based on lists prepared by Voiceless, The Animal Law Toolkit (2015)

Journals Focusing on Animal Law

Australian

Australian Animal Protection Law Journal

This is Australia’s first law journal dedicated solely to animal law. It is a peer-reviewed, biannual publication which was launched in 2008.

International

Journal of Animal Law and Ethics, Published by the University of Pennsylvania Law School, Philadelphia, USA.

Animal Law Review, Published by the National Centre for Animal Law, Lewis & Clark Law School, Portland, Oregon, USA.

Journal of Animal Law, Published by Michigan State University College of Law, Michigan, USA.

Journal of Animal Law and Policy, Published by Stanford University, Stanford, USA.

Journal of Animal and Environmental Law¸ open source http://www.jael-online.org/

Australian Legislation

The following table provides a non-exhaustive list of relevant Australian animal law Acts.

New South Wales

Prevention of Cruelty to Animals Act 1979 (NSW) Animal Research Act 1985 (NSW)

Companion Animals Act 1998 (NSW) Exhibited Animals Protection Act 1986 (NSW)

Game and Feral Animal Control Act 2002 (NSW) National Parks and Wildlife Act 1974 (NSW) Rural Lands Protection Act 1989 (NSW)

Threatened Species Conservation Act 1995 (NSW)

Australian Capital Territory

Animal Welfare Act 1992 (ACT) Domestic Animals Act 2000 (ACT)

Pest Plants and Animals Act 2005 (ACT) Nature Conservation Act 1980 (ACT)

Northern Territory

Animal Welfare Act (NT)

Territory Parks and Wildlife Conservation Act 1977 (NT)

Queensland

Animal Care and Protection Act 2001 (QLD) Exotic Diseases in Animals Act 1981 (QLD) Racing Act 2002 (QLD)

Stock Act 1915 (QLD)

Fauna Conservation Act 1974 (QLD) Nature Conservation Act 1992 (QLD)

South Australia

Animal Welfare Act 1985 (SA)

National Parks and Wildlife Act 1972 (SA) Wilderness Protection 1992 (SA)

Tasmania

Animal Welfare Act 1993 (TAS)

Threatened Species Protection Act 1995 (TAS) Nature Conservation Act 2002 (TAS)

National Parks and Wildlife Act 1970 (TAS)

Victoria

Prevention of Cruelty to Animals Act 1986 (VIC)

Domestic Animals Act 1994 (Vic) Wildlife Act 1975 (VIC)

Western Australia

Animal Welfare Act 2002 (WA) Dog Act 1976 (WA)

Wildlife Conservation Act 1950 (WA)

Conservation and Land Management Act 1984 (WA)

Commonwealth

Australian Meat and Livestock Industry Act 1997 (CTH)

Environment Protection and Biodiversity Conservation Act 1999 (CTH)

Export Control Act 1982 (CTH)

Federal Model Codes of Practice for Animal Welfare

Australian Codes are available from DAFF, but are in the process of being re-assessed in the light of the Australian Animal Welfare Strategy.

Text Books

Tamie Bryant, Rebecca Huss, and David Cassuto, (eds), Animal Law and the Courts: A Reader , Thomson (2008).

David Favre, Animal Law: Welfare, Interests and Rights Aspen Publishers Inc (2008).

Pamela Frasch, Sonia Waisman, and Bruce Wagman, Animal Law , Carolina Academic Press (2009).

Maneka Gandhi, Ozair Husain, and Raaj Panjwani, Animal Laws of India, Universal Law Publishing Co. Pty Ltd (2006).

Peter Sankoff and Steven White, Animal Law in Australasia: A New Dialogue, The Federation Press (2009).

C Sunstein and M Nussbaum (eds), Animal Rights: Current Debates and New Directions, Oxford University Press (2004).

Useful Websites

Animal Liberation (ACT) www.al-act.org

Animal Liberation (NSW) www.animal-lib.org.au

Animal Liberation (QLD) www.animalliberationqld.org.au

Animal Liberation (SA) www.animalliberation.org.au

Animal Liberation (VIC) www.alv.org.au

Animal Welfare Community Legal Centre www.animalwelfareclc.org.au

Animal Welfare League www.animalwelfareleague.com.au

Animals Australia www.animalsaustralia.org

Brisbane Lawyers Educating and Advocating for Tougher Sentences www.bleats.com.au

Humane Society International www.hsi.org.au

International Fund for Animal Welfare www.ifaw.org

Lawyers for Animals www.lawyersforanimals.org.au

NSW Young Lawyers Animal Law Committee www.lawsociety.com.au/page.asp?partid=6153

RSPCA Australia www.rspca.org.au

Barristers Animal Welfare Panel www.vicbar.com.au/e.1.12.asp

Voiceless, the animal protection institute www.voiceless.org.au

Wires www.wires.org.au

World Society for the Protection of Animals www.wspa.org.au

Other resources

Additional Information

Some personal guidelines for the preparation of research essays (many thanks to Professor Paul Redmond who first directed me towards these guidelines)

The following guidelines were prepared by Dr Michael Hains, Adjunct Lecturer, UNSW Law School, some time ago. Many students have found them useful and the Lecturer for this subject offers them in the expectation that you will do so also.

The purpose of a research essay A research essay gives you the opportunity to show your research skills on your selected topic. You should display your ability to find, read, consider and analyse the researched materials, and express your reasoned views. A research essay is more than a mere narrative of the materials. Marks are awarded on the process of legal reasoning rather than the conclusion reached, although obvious errors in reasoning to that conclusion will lose marks. In other words, your arguments/views/ analysis are important provided they are properly argued and supported. Fundamental to success is a properly organised and structured essay. A cogent structure can take several forms, but a suggested structure is set out below.

Organisation and structure: A research essay has five broad parts:

1. Introduction: An introduction should be a succinct summary of the essay. Introductions should be 300-600 words in length. The marker should, after reading the introduction, have a clear understanding of the topic and a broad overview of the problems/issues and the student’s methodology used to address those problems/ issues.

2. Background: Depending on the topic, setting out relevant background may be necessary, for example, defining key terms or concepts, identifying and briefly discussing relevant law or industry practice or government policy, identifying and summarizing published materials in the area, etc.

Discuss what is significant, necessary and relevant to your analysis. Avoid irrelevancies. 3. Identify the problems/issues: Clearly set out and discuss the problems and issues identified. The use of subheadings for each distinct problem is useful.

4. Resolving the problems/issues; methodology: Having identified the problems/issues you should identify the methodology used to nalyse/discuss/consider/resolve the problems/issues. In Parts 3 and 4 (the key components of any essay) an examiner will look for various features including: your arguments; identifying and critically discussing other published works in the area; identifying the significant and important problems/issues; consistency and logical development of argument; consideration of the concepts applicable to solving the problem; original research/ideas; how you use existing knowledge and relate that to new knowledge; the application of theoretical ideas to industry practice; critical evaluation of existing case law (where relevant); etc.

5. Conclusion: A conclusion should restate the main theme and conclusions of the essay and close-off any issues eloquently. After researching and reading the materials, sketch out a structure for your essay along the lines suggested.

Be prepared to modify and develop the structure once you start writing. After the first completed draft, recheck the organisation and structure. Often difficulties in drafting an introduction or conclusion may suggest a problem with the basic structure of the essay. Working on linkages between the various parts of the essay during this process is important; the aim is for a cogent whole. It is not always easy to organise and structure an essay because it forces you to confront the hard issues early in the process; it also highlights areas needing further work and improvement.

Although sometimes difficult, the overall product will be to a higher standard if this process is taken seriously. Common traps to be avoided Students often fall into one or more of the following traps: the essay has not been properly organised or structured into a cogent whole; the essay is too long (for example, it is not sufficiently succinct or focused, it exceeds the word limit, etc) or too short (for example, inadequate for the problems to be treated); waffling or inundating the marker with irrelevant materials; the essay is a “jack of all trades and master of none” (this typically highlights an inability to identify the significant and important problems/issues, or a student’s wish to display how much they know on a topic whatever its relevance to the essay!) the last minute rush to research or write: a research essay by its nature cannot be done over a weekend just before it is due; start your research early; poor presentation: lack of headings; long paragraphs; incorrect or incomplete referencing, absence of a relevant bibliography, etc; and poor spelling, grammar, syntax, punctuation, etc; it is useful to have a reliable person proofread the essay to identify any problems.