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2019-2020-2021
THE PARLIAMENT OF THE COMMONWEALTH OF AUSTRALIA
HOUSE OF REPRESENTATIVES
Independent Office of Animal Welfare Bill 2021
EXPLANATORY MEMORANDUM
and
STATEMENT OF COMPATIBILITY WITH HUMAN RIGHTS
Circulated by authority of
Andrew Wilkie MP
Independent Office of Animal Welfare Bill 2021
OUTLINE
The Independent Office of Animal Welfare Bill 2021 establishes a new Commonwealth
statutory authority with responsibility for the development of animal welfare policy at the
Commonwealth level. The Office will have a leadership role on matters of animal welfare,
as well as the ability to conduct inquiries and reviews into the effectiveness and
implementation of our animal welfare laws. The Office will be a trusted source of
information and play an important role in science-based standard setting.
The Office will have review and regulatory functions relating to animal welfare issues
which impact the Commonwealth. For example, this includes oversight of the live export
trade including the Exporter Supply Chain Assurance System, the development of
Australian Animal Welfare Standards, and inquiring into animal welfare compliance and
enforcement under the Agriculture Department. The Office will also undertake inquiries,
commission research and prepare reports about a range of issues including the
commercial killing of kangaroos, importation of animals and animal products, introduced
species, and development of Commonwealth animal welfare policy.
Due to the constitutional limitations of the Commonwealth acting on animal welfare
matters, the Office is limited in its functions to the issues listed in the bill.
The Office will be entirely independent from the Department and supported by an Animal
Welfare Advisory Committee. Committee members will be drawn from animal welfare
organisations and various professions with a cross disciplinary focus on animal welfare.
Members will be appropriately qualified and conflicts of interest strictly vetted. This
ensures that in undertaking all reporting and review functions, the Office and Advisory
Committee will be independently informed by the best available information regarding
animal welfare.
The bill is in response to criticisms that the current regulation of these activities is
ineffective, demonstrated by the frequently alleged animal cruelty occurring throughout the
live export trade supply chain, as well as mistreatment of animals in the industrial
agricultural sector. The Office will have the power to document and inquire into these
allegations. Moreover, the bill seeks to address the well documented concerns about
regulatory capture of the Agriculture Department and various bodies which develop and
enforce industry standards and regulations. The model has broad support across animal
welfare advocacy organisations, and a similar proposal was recommended by the
Productivity Commission in 2017.
FINANCIAL IMPACT
The bill will have no financial impact.
NOTES ON CLAUSES
Clause 1: Short Title
This clause is a formal provision and specifies the short title of the bill as the Independent
Office of Animal Welfare Bill 2021.
Clause 2: Commencement
This clause provides for commencement of the Act six months after receiving Royal
Assent, but only if appropriation is passed and administered for payment to the Office of
Animal Welfare. If appropriation is not passed the Act does not commence.
Clause 3: Definitions
This clause provides definitions to be used in the bill.
Clause 4: Crown to be bound
The bill will bind the Crown in each of its capacities.
Clauses 5 to 7: Office of Animal Welfare
These clauses establish the Office of Animal Welfare. The Office consists of the CEO and
staff, as well as consultants, assistants, and members of the Office of Animal Welfare
Advisory Committee.
Clauses 8 and 9: Functions of the CEO
These clauses establish the role of the CEO. The CEO has regulatory functions, reporting
functions, and department review functions.
Regulatory functions including reviewing, monitoring and undertaking inquiries and reports
about the Australian Standards for Export of Livestock and Exporter Supply Chains.
Reporting functions include making the Office a centre of excellence for the collection and
dissemination of information about animal welfare issues which impact the
Commonwealth, developing an Australian animal welfare strategy to provide a national
framework to identify priorities, coordinate stakeholder action and improve consistency
across animal use sectors, and developing and operating a national repository of
information regarding prosecutions of offences involving animals.
The Office will also undertake inquiries, commission research and prepare reports about
live animal export, commercial killing of kangaroos, Commonwealth animal welfare policy,
importation of animals and animal products, introduced species, harmonisation of animal
welfare laws across the states and territories, the Model Codes of Practice for the welfare
of animals or the Australian Animal Welfare Standards as relevant, and any other relevant
academic or scientific research.
The Office will have responsibility for reviewing and monitoring the export of live animals,
including the treatment of animals exported from Australia at foreign abattoirs and any
breaches of animal welfare laws along the live export chain. The Office will coordinate the
development, updating and replacement of the Australian Welfare Standards and
Guidelines and Model Code of Practice for the Welfare of Animals as applicable.
The Department review functions include considering the activities of the Minister for
Agriculture and the Department as they relate to compliance with, and enforcement and
effectiveness of Commonwealth animal welfare laws. The CEO will additionally review the
effectiveness of the Agriculture Minister's implementation of Commonwealth animal
welfare policy.
Clause 10: CEO solely responsible for performing his or her functions
The Office of Animal Welfare will be wholly independent from the Agriculture Department
and the CEO will not be subject to direction from the Minister.
Clauses 11 to 20: CEO appointment, terms and conditions
These clauses set out provision for the CEO to be appointed by the Attorney-General for a
maximum of 5 years, and determine remuneration and leave conditions. To ensure
independence of the Office of Animal Welfare, the CEO is not permitted to engage in paid
work outside of their CEO role, nor are they permitted to retain any commercial interests in
any animal industry regulated by the Agriculture Department. These clauses additionally
set out provision for resignation and termination. The CEO may be terminated for reasons
including incapacity, absence, bankruptcy and failure to adhere to conflict of interest
provisions. Additionally, he or she may be terminated for misbehaviour, but this does not
include engaging in conduct that a reasonable person would consider appropriate for the
CEO to engage in in the performance of his or her functions under this Act.
Clauses 21 to 23: Staff and consultants
These clauses provide for the engagement of staff and suitably qualified consultants to
assist the CEO in undertaking his or her functions.
Clauses 24 to 29: Office of Animal Welfare Advisory Committee
The Office of Animal Welfare Advisory Committee will assist the CEO in the operation of
his or her functions. Committee Members will be appointed by the Attorney-General in
order to maintain independence from the Agriculture Department. Committee members will
be drawn from animal welfare organisations and various professions with a cross
disciplinary focus on animal welfare. In appointing members, the Attorney-General must
ensure members have current expertise in animal welfare matters, that at least one non-
governmental animal welfare investigative agency is represented, and that members are
appropriately qualified and independent of industry.
Members must disclose any interest, pecuniary or otherwise, in any matter considered the
Committee and this must be recorded in all documents produced by the Committee.
Clause 30: Tabling of reports
Reports prepared by the CEO to fulfil his or her Regulatory, Reporting or Department
review functions must be given to the Attorney-General within 15 days of completion. The
Attorney-General will be required to respond to the report and any recommendations, and
table both the report and response within 10 sitting days of receipt.
Clause 31: Delegation by the CEO
The CEO may delegate any of his or her functions and powers.
Clause 32: Constitutional basis of this Act
To ensure validity, the bill relies upon the constitutional powers for the Commonwealth to
legislate with respect to trade and commerce, external affairs, corporations, territories, and
with respect to matters incidental to the execution of any of the legislative powers of the
Commonwealth.
STATEMENT OF COMPATIBILITY WITH HUMAN RIGHTS
Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011
Independent Office of Animal Welfare Bill 2021
This bill is compatible with the human rights and freedoms recognised or declared in the
international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny)
Act 2011.
Overview of the bill
The Independent Office of Animal Welfare Bill 2021 establishes a new Commonwealth
statutory authority with responsibility for the development of animal welfare policy at the
Commonwealth level. The Office will have a leadership role on matters of animal welfare,
as well as the ability to conduct inquiries and reviews into the effectiveness and
implementation of our animal welfare laws. The Office will be a trusted source of
information and play an important role in science-based standard setting.
The Office will have review and regulatory functions relating to animal welfare issues
which impact the Commonwealth. For example, this includes oversight of the live export
trade including the Exporter Supply Chain Assurance System, the development of
Australian Animal Welfare Standards, and inquiring into animal welfare compliance and
enforcement under the Agriculture Department. The Office will also undertake inquiries,
commission research and prepare reports about a range of issues including the
commercial killing of kangaroos, importation of animals and animal products, introduced
species, and development of Commonwealth animal welfare policy.
Human rights implications
The bill does not engage any of the applicable rights or freedoms.
Conclusion
The bill is compatible with human rights as it does not raise any human rights issues.
Andrew Wilkie MP