The Treatment of Farm Animals in Australia: Are Legal Standards Set in Accordance with Democratic Principles?

Abstract

The Australian federal government is coordinating the development of new Australian Animal Welfare Standards and Guidelines, which will cover each species of animal used for food or fibre, and particular enterprises, such as saleyards and abattoirs. The national standards and guidelines are subject to public consultation before being endorsed by federal, state and territory agriculture officials and ministers. The standards will then be implemented through delegated legislation by state and territory agriculture ministers. The standards are designed to mandate how farm animals are treated in Australia, outlining acceptable farming practices. This thesis considers whether the process used to develop the Australian Animal Welfare Standards and Guidelines accords with democratic principles. While much of the research in the animal law field focuses on the deficiencies in the law in protecting farm animals, this thesis focuses on the process used to develop that law. Agricultural officials and ministers have a mandate to increase the profitability and sustainability of the agriculture sector, interests that are often in conflict with animal welfare. The use of delegated legislation means that there is little oversight from parliaments and no requirement for public discussion or deliberation. Given these limitations, a lot rests on the public consultation to deliver on democracy. This thesis identifies 10 criteria for evaluating the effectiveness of public consultations, drawn from a systematic analysis of 26 existing evaluation frameworks. Using these 10 evaluation criteria, this thesis finds that the public consultation, like the other stages of approval in the development of the standards, fails to demonstrate a strong commitment to democratic principles. As a result, the resulting welfare standards are unlikely to reflect the will of the Australian people. This outcome is unsustainable in the face of increasing concern about the way in which farm animals are treated.