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      Assessing the Uniformity in Australian Animal Protection Law: A Statutory Comparison

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          Australia does not have any federal legislation pertaining to animal welfare; thus, the responsibilities lie with each state and territory. This situation has led to eight different pieces of animal welfare legislation across the country, with potentially distinct content and avenues for interpretation. These differences may create problems for the enforcement of animal welfare law, and hence it has been suggested that a uniform approach is required. However, before such an approach can be considered, the extent of the inconsistencies between the states and territories needs to be assessed. This review compares the differences between state and territory animal welfare laws to determine the presence and nature of any major inconsistencies. A total of 436 primary pieces of legislation were reviewed, with 42 included in the detailed analysis. Animal welfare laws were found to be generally consistent across the states and territories of Australia, but with some important shortcomings that are discussed.

          Abstract

          Animal welfare is not included in the Australian Constitution, rendering it a residual power of the states and territories. Commentators have suggested that inconsistencies exist between the state and territory statutes, and that a uniform approach would be beneficial. However, there has been no comprehensive assessment of the nature or extent of these purported inconsistencies. This review addresses this gap by providing a state-by-state comparison of animal protection statutes based on key provisions. Utilizing systematic review methodology, every current Australian statute with an enforceable protection provision relating to animal welfare was identified. A total of 436 statutes were examined, with 42 statutes being included in the detailed analysis. The comparison showed that animal protection laws are generally consistent between each Australian jurisdiction and were found to have similar shortcomings, notably including lack of a consistent definition of ‘animal’ and reliance on forms of legal punishment to promote animal welfare which have questionable effectiveness. It is argued that there is a need for attention to definitions of key terms and future consideration of alternative forms of penalties, but that a uniform federal approach may not be necessary to address these shortcomings.

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          Preferred reporting items for systematic reviews and meta-analyses: the PRISMA statement

          David Moher and colleagues introduce PRISMA, an update of the QUOROM guidelines for reporting systematic reviews and meta-analyses
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            The 2020 Five Domains Model: Including Human–Animal Interactions in Assessments of Animal Welfare

            Simple Summary This review outlines the latest in a succession of updates of the Five Domains Model, which, at each stage, incorporated contemporary verified scientific thinking of relevance to animal welfare assessment. The current update includes, within the structure of the Model, specific guidance on how to evaluate the negative and/or positive impacts of human behaviour on animal welfare. Persons whose actions may be evaluated include, but are not limited to, livestock handlers, owners of draught animals, veterinary care staff, pound/shelter staff, zoo-keepers, wildlife managers, hunters, researchers, companion animal owners, owners of sport/recreational animals, animal trainers and service animal handlers. Situations where human–animal interactions may have negative welfare impacts include: when animals have had little or no prior human contact, when human presence adds to already threatening circumstances, when human actions are directly unpleasant, threatening and/or noxious, when humans’ prior actions are remembered as being aversive or noxious and when the actions of bonded humans cause unintended harms. In contrast, situations where human–animal interactions may have positive welfare impacts include: when the companionable presence of humans provides company and feelings of safety, when humans provide preferred foods, tactile contacts and/or training reinforcements, when humans participate in enjoyable routine activities or in engaging variable activities, when the presence of familiar humans is calming in threatening circumstances and when humans act to end periods of deprivation, inhibition or harm. The explicit delineation within the Model of the potential impacts of human interactions on the welfare of animals enhances the Model’s utility. Additional updates in this latest version are also explained. Abstract Throughout its 25-year history, the Five Domains Model for animal welfare assessment has been regularly updated to include at each stage the latest authenticated developments in animal welfare science thinking. The domains of the most up-to-date Model described here are: 1 Nutrition, 2 Physical Environment, 3 Health, 4 Behavioural Interactions and 5 Mental State. The first four domains focus attention on factors that give rise to specific negative or positive subjective experiences (affects), which contribute to the animal’s mental state, as evaluated in Domain 5. More specifically, the first three domains focus mainly on factors that disturb or disrupt particular features of the body’s internal stability. Each disturbed or disrupted feature generates sensory inputs which are processed by the brain to form specific negative affects, and these affects are associated with behaviours that act to restore the body’s internal stability. As each such behaviour is essential for the survival of the animal, the affects associated with them are collectively referred to as “survival-critical affects”. In contrast, Domain 4, now named Behavioural Interactions, focusses on evidence of animals consciously seeking specific goals when interacting behaviourally with (1) the environment, (2) other non-human animals and (3) as a new feature of the Model outlined here, humans. The associated affects, evaluated via Domain 5, are mainly generated by brain processing of sensory inputs elicited by external stimuli. The success of the animals’ behavioural attempts to achieve their chosen goals is reflected in whether the associated affects are negative or positive. Collectively referred to as “situation-related affects”, these outcomes are understood to contribute to animals’ perceptions of their external circumstances. These observations reveal a key distinction between the way survival-critical and situation-related affects influence animals’ aligned behaviours. The former mainly reflect compelling motivations to engage in genetically embedded behavioural responses, whereas the latter mainly involve conscious behavioural choices which are the hallmarks of agency. Finally, numerous examples of human–animal interactions and their attendant affects are described, and the qualitative grading of interactions that generate negative or positive affect is also illustrated.
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              Updating Animal Welfare Thinking: Moving beyond the “Five Freedoms” towards “A Life Worth Living”

              Simple Summary The Five Freedoms were formulated in the early 1990s and are now well recognised as highly influential in the animal welfare arena. However, a marked increase in scientific understanding over the last two decades now shows that the Five Freedoms do not capture, either in the specifics or the generality of their expression, the breadth and depth of current knowledge of the biological processes that are germane to understanding animal welfare and to guiding its management. For example, this paper refers to some negative experiences that can never be eliminated, merely temporarily neutralised, because they are essential for eliciting behaviours upon which the survival of the animal depends. In addition, it refers to other negative experiences that relate to an animal’s responses to living in poor environments which require improvement, and also to how such experiences may be replaced by positive ones when particular improvements are introduced. For animals to have “lives worth living” it is necessary, overall, to minimise their negative experiences and at the same time to provide the animals with opportunities to have positive experiences. These observations have implications for reviewing and potentially updating minimum standards in codes of welfare. The paper ends with an up-to-date characterisation of the principal features of animal welfare, expressed largely in non-technical terms. Abstract The Five Freedoms have had major impact on animal welfare thinking internationally. However, despite clear initial statements that the words ‘freedom from’ should indicate ‘as free as possible from’, the Freedoms have come to be represented as absolute or fundamental freedoms, even rights, by some animal advocate and other groups. Moreover, a marked increase in scientific understanding over the last two decades shows that the Freedoms do not capture the more nuanced knowledge of the biological processes that is germane to understanding animal welfare and which is now available to guide its management. For example, the named negative experiences of thirst, hunger, discomfort and pain, and others identified subsequently, including breathlessness, nausea, dizziness, debility, weakness and sickness, can never be eliminated, merely temporarily neutralised. Each one is a genetically embedded element that motivates animals to behave in particular ways to obtain specific life-sustaining resources, avoid or reduce physical harm or facilitate recovery from infection or injury. Their undoubted negativity creates a necessary sense of urgency to respond, without which animals would not survive. Also, the temporary neutralisation of these survival-critical affects does not in and of itself generate positive experience. This questions the commonly held assumption that good animal welfare will result when these internally generated negative affects are minimised. Animals may also experience other negative affects that include anxiety, fear, panic, frustration, anger, helplessness, loneliness, boredom and depression. These situation-related affects reflect animals’ perceptions of their external circumstances. Although they are elicited by threatening, cramped, barren and/or isolated conditions, they can often be replaced by positive affects when animals are kept with congenial others in spacious, stimulus-rich and safe environments which provide opportunities for them to engage in behaviours they find rewarding. These behaviours may include environment-focused exploration and food acquisition activities as well as animal-to-animal interactive activities, all of which can generate various forms of comfort, pleasure, interest, confidence and a sense of control. Animal welfare management should aim to reduce the intensity of survival-critical negative affects to tolerable levels that nevertheless still elicit the required behaviours, and should also provide opportunities for animals to behave in ways they find rewarding, noting that poor management of survival-critical affects reduces animals’ motivation to utilize such rewarding opportunities. This biologically more accurate understanding provides support for reviewing the adequacy of provisions in current codes of welfare or practice in order to ensure that animals are given greater opportunities to experience positive welfare states. The purpose is to help animals to have lives worth living, which is not possible when the predominant focus of such codes is on survival-critical measures. Finally, an updated characterisation of animal welfare that incorporates this more accurate understanding is presented.
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                Author and article information

                Journal
                Animals (Basel)
                Animals (Basel)
                animals
                Animals : an Open Access Journal from MDPI
                MDPI
                2076-2615
                26 December 2020
                January 2021
                : 11
                : 1
                : 35
                Affiliations
                [1 ]School of Animal and Veterinary Sciences, The University of Adelaide, Roseworthy, SA 5371, Australia; michelle.hebart@ 123456adelaide.edu.au (M.L.H.); alexandra.whittaker@ 123456adelaide.edu.au (A.L.W.)
                [2 ]School of Humanities, The University of Adelaide, Adelaide, SA 5005, Australia; rachel.ankeny@ 123456adelaide.edu.au
                Author notes
                Author information
                https://orcid.org/0000-0003-0328-681X
                https://orcid.org/0000-0001-9011-8296
                Article
                animals-11-00035
                10.3390/ani11010035
                7824303
                33375377
                1cb919d9-aa5b-43fa-bf14-47be0050a17d
                © 2020 by the authors.

                Licensee MDPI, Basel, Switzerland. This article is an open access article distributed under the terms and conditions of the Creative Commons Attribution (CC BY) license ( http://creativecommons.org/licenses/by/4.0/).

                History
                : 21 September 2020
                : 22 December 2020
                Categories
                Article

                animal welfare legislation,animal cruelty,law enforcement,australia,enforcement gap

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