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2013-2014-2015
THE PARLIAMENT OF THE COMMONWEALTH OF AUSTRALIA
SENATE
VOICE FOR ANIMALS (INDEPENDENT OFFICE OF ANIMAL WELFARE) BILL 2015
EXPLANATORY MEMORANDUM
(Circulated by the authority of Senator Rhiannon)
VOICE FOR ANIMALS (INDEPENDENT OFFICE OF ANIMAL WELFARE)
BILL 2015
OUTLINE
The Voice for Animals (Independent Office of Animal Welfare) Bill 2015 provides for the
establishment of a Commonwealth statutory authority with responsibility for advising upon the
protection of animal welfare in Commonwealth regulated activities.
The Bill establishes the Office of Animal Welfare as an independent statutory authority. The Office
will assist the CEO in his or her functions which will include the review and monitoring of live
export standards and the Exporter Supply Chain Assurance System, reporting on animal welfare
issues that impact the Commonwealth, reporting on the work of animal welfare committees and
reviewing animal welfare laws and policy that impact the Commonwealth.
To assist the Office in performing these duties to the best possible standard, the CEO will also be
assisted by the Office of Animal Welfare Advisory Committee. The Committee's members will
consist of representatives of animal welfare organisations, consumer groups, scientists and ethicists
specialising in animal welfare issues, the Department and commercial producers or purchasers of
animals or animal products.
The CEO will provide reports to the Minister with recommendations which must be tabled in
Parliament. The Minister will be required to respond to any recommendations made in the reports,
and to table the response in Parliament.
These reports could include proposing reforms to animal welfare legislation and standards and
advising the Commonwealth on harmonisation of animal welfare laws of the Commonwealth, States
and Territories.
NOTES ON CLAUSES
Part 1 - Preliminary
Clause 1 - Short Title
This clause is a formal provision specifying the short title of the Bill.
Clause 2 - Commencement
This clause provides for the commencement of the Act.
Clause 3 - Definitions
This clause provides definitions for key terms in the Act.
Clause 4 - Crown to be bound
This clause provides that the Act binds the Crown in each of its capacities.
Part 2 - Office of Animal Welfare
Clause 5 - Establishment
This clause provides for the establishment of the Office of Animal Welfare.
Clause 6 - Constitution
This clause provides that the Office consists of the CEO and staff.
Clause 7 - Functions
This clause provides that the Office's function is to assist the CEO to perform his or her functions.
Clause 8 - Office has privileges and immunities of the Crown
This clause provides that the Office has the privileges and immunities of the Crown in right of the
Commonwealth.
Part 3 - Chief Executive Officer, staff and consultants
Clause 9 - Functions of the CEO
This clause provides that the CEO's functions are the Livestock Standards functions, Reporting
functions and the Department Review functions. Each of these functions is defined in more detail in
clause 9.
The Livestock Standards functions involve the CEO reviewing and monitoring the Australian
Standards for the Export of Livestock and the Exporter Supply Chain Assurance System, and
undertaking inquiries and preparing reports about these matters.
The reporting functions involve the CEO making the Office a Centre of Excellence for the collection
and dissemination of information about animal welfare issues that impact the Commonwealth.
They also involve developing an Australian Animal Welfare Strategy to provide a national
framework to identify priorities, coordinate stakeholder action and improve consistency across all
animal use sectors; undertaking inquiries, commissioning research and preparing reports the
following issues: protecting and promoting animal welfare in the export of live animals; the
effectiveness of Commonwealth laws that apply to the export of live animals; sustainability and
animal welfare issues that arise in respect of killing kangaroos for commercial purposes; the
Commonwealth's animal welfare policy; scientific and legal issues and potential animal welfare
issues that arise in respect of the Commonwealth's animal welfare policy; the importation of animals
and animal products; management of animal species introduced into Australia; the possible
harmonisation of animal welfare laws of the Commonwealth, States and Territories; animal welfare
issues that arise in respect of Model Codes of Practice for the welfare of animals; and considering
academic and scientific research relevant to any of these issues.
The CEO is also responsible for undertaking inquiries and preparing reports about the activities and
effectiveness of the Live Export Advisory Group and the Office of Animal Welfare Advisory
Committee.
The CEO has Department Review functions which involve considering the activities of the
Department that relate to monitoring compliance with the Commonwealth's animal welfare laws; the
enforcement and the effectiveness of these laws.. The CEO is also responsible for considering the
effectiveness of the Department's implementation of the Commonwealth's animal welfare policy.
The CEO also has the function of undertaking inquiries and preparing reports as a result of these
Department Review functions.
The CEO has the power to do all things necessary or convenient to be done for or in connection with
the performance of his or her functions.
Clause 10 - Minister may give directions to the CEO
This clause provides that the Minister may direct the CEO about the performance of his or her
functions and that the CEO must comply with these instructions.
Clauses 11 to 13
These clauses provide rules about the appointment of the CEO, the term of their appointment and
arrangements for Acting CEOs.
Clauses 14 to 20
These clauses provide rules about the CEO's remuneration and allowances, leave entitlements,
outside employment, disclosure of interests, other terms and conditions, resignation and termination
of appointment.
Clauses 21 to 23
These clauses provide for the appointment of staff, persons to assist the CEO and consultants.
Part 4 - Office of Animal Welfare Advisory Committee
Clauses 24 to 28
These clauses provide for the establishment of the Office of Animal Welfare Advisory Committee, to
advise the CEO in relation to his or her functions. The membership of the Committee is made up of
the CEO and a specified number of representatives of non-government animal welfare organisations,
consumer groups, scientists and ethicists specialising in animal welfare issues, the Department,
commercial producers or purchasers of animals or animal products and not more than 2 other persons
that the CEO considers appropriate.
The clauses also determine how the Committee's procedures will be managed and rules about the
disclosure of the interests of the Committee members.
Part 5 - Miscellaneous
Clause 29
This clause provides for the production of an annual report and tabling in Parliament.
Clause 30
This provides for the preparation of reports by the CEO on matters relating to his or her functions
and the provision of those reports to the Minister for tabling in Parliament with the Minister's written
response to recommendations made in those reports.
Clause 31 - Delegation by the CEO
This provides for the delegation of the CEO's functions and powers to staff.
Statement of Compatibility with Human Rights
Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011
Voice for Animals (Independent Office of Animal Welfare) Bill 2013
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 Voice for Animals (Independent Office of Animal Welfare) Bill 2013 establishes a
Commonwealth statutory authority with responsibility for protecting animal welfare in
Commonwealth regulated activities.
Human rights implications
This Bill does not engage any of the applicable rights or freedoms. It does not remove the right to
work, as it seeks only to improve the welfare of animals within animal use industries.
Animals are sentient beings but as yet do not enjoy rights comparable to human rights.
This Bill fulfils humanity's responsibility to protect and defend the rights of animals to live a life free
of cruelty and suffering.
Conclusion
This Bill is compatible with human rights as it does not raise any human rights issues.
Senator Lee Rhiannon