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Animal welfare law for veterinarians
As a veterinarian, you have general responsibilities and specific roles under the Animal Care and Protection Act 2001.
As a person in charge of and dealing with animals, you have the same responsibilities to those animals under the Act as the rest of the community. However, the Act also allows you to:
- undertake certain procedures in the interests of an animal's welfare (e.g. dock a horse's tail, declaw a cat)
- administer harmful substances to an animal (e.g. Lethobarb).
The Act doesn't state how you should perform your role. For example, it doesn't say what to do when examining or treating an animal, or the time frames for this, as this is considered professional judgement.
Discussion about appropriate treatment is an issue for the profession and is dealt with by the Veterinary Surgeons Act 1936.
This guide outlines what veterinarians need to know about animal welfare law.
Veterinarians' duty-of-care responsibilities
When examining and treating an animal, you have temporary custody of the animal and so have a duty of care. The duty of care includes:
- appropriately handling the animal
- providing appropriate conditions
- when the animal is held, providing appropriate housing.
In deciding what is appropriate care, you must consider the animal's species, environment and circumstances, and the steps that you as a veterinarian would reasonably be expected to take under the circumstances.
If an animal in your custody is in pain, you should use analgesics appropriately. Any manipulations done without analgesia should be kept to a minimum (e.g. to assist in diagnosis).
A veterinarian's duty of care to an animal extends to members of staff associated with the practice.
Treatment decisions
Because the animal's owner, or owner's representative, retains a duty of care, they are responsible for deciding what, if any, treatment you offer will be given. In some cases, animal owners have been prosecuted for not following veterinary advice.
However, because you share this duty of care, you are responsible for giving the owner information about the animal welfare consequences of such decisions. If an animal suffers because of a decision (or lack of decision) by an owner who has been informed of the possible consequences, the owner is responsible.
Inability to pay for treatment
If the owner prefers a particular treatment but cannot pay for that treatment, you may wish to negotiate further options. As a vet, you have professional ethical considerations; however, under the Animal Care and Protection Act 2001, the owner is responsible for the animal. Their inability to pay does not pass that responsibility to you.
When an animal's owner is not known
If a person finds an injured animal and brings it to your practice, and the owner is not known, you assume a duty of care obligation if you accept the care of the animal.
If the animal's owner is then located, you will share the duty of care with the owner.
Read more about euthanasing animals where the animal's owner is not known.
Also consider...
Queensland's ban on docking dogs' tails
In Queensland, it is an offence under the Animal Care and Protection Act 2001 to dock a dog's tail.
The offence applies to all tail-docking methods, including:
- surgical docking
- banding
- any other method.
The only exception is if the tail docking is performed by a veterinary surgeon, registered to practice in Queensland, who reasonably believes that the procedure is in the interests of the dog's welfare.
Any non-veterinarian who docks a dog's tail, or any veterinarian who docks for a reason other than the dog's welfare, is liable for prosecution.
A maximum penalty of $16,130.00 applies for individuals and up to 5 times more for corporations.
Dog tail docking is banned in all other Australian states and territories.
Dog age and type
The ban applies to all puppies and adult dogs—there is no age limit.
Working dogs don't need routine tail docking to prevent injuries. Many working breeds have long tails, such as:
- cattle dogs
- German shepherds
- collies
- kelpies.
Dog breeds
The tails of some dog breeds (such as boxers, airedales, rottweilers and fox terriers) have been traditionally docked for many years.
These dogs don't look strange with a tail. They are still the same dogs but have a full tail to wag like Labradors, collies and beagles.
Reasons for the ban
The ban is based on:
- scientific evidence about the negative effects of tail docking
- changing community expectations about unnecessary surgical procedures on animals
- agreement of all Australian states and territories to ban tail docking.
One of the Act's objectives is to protect animals from unjustifiable, unnecessary or unreasonable pain, distress or suffering—in other words, cruelty. Evidence shows that tail docking may cause acute and chronic pain.
The only situation where tail docking may be considered appropriate is if the tail docking is done in the interests of the dog's welfare.
Interests of the dog's welfare
Tail docking is generally considered to be in the interests of a dog's welfare if it is performed by a veterinarian in response to:
- damage
- disease
- abnormality that will cause ongoing pain, behavioural problems or risk the dog's health.
It is generally inappropriate to dock a healthy tail on the basis of a possible future event or for cosmetic reasons. Only therapeutic tail docking is justifiable.
Reports of the docking of a healthy tail will be investigated and appropriate action taken.
It is not in the interests of a dog's welfare to dock a dog's tail for 'routine' or 'cosmetic' purposes, as was traditional practice with many dog breeds.
Report illegal tail docking
Phone Biosecurity Queensland on 13 25 23 or the RSPCA on 1300 264 625 to report illegal tail docking.
Performing regulated procedures on animals
The Animal Care and Protection Act 2001 regulates certain procedures that can be performed on animals.
These procedures can only be performed:
- by a veterinary surgeon
- and
- in the interest of the animal's welfare.
An owner's threat to have the animal euthanased if you don't perform the procedure is not a valid reason to perform it.
Regulated procedures include:
- cropping dog ears
- docking dog tails
- docking cattle or horse tails
- debarking dogs
- removing cat claws.
Debarking
Before debarking a dog, you must:
- be sure it is in the interests of the dog's welfare
- receive a relevant nuisance abatement notice or an appropriate notice from the owner—you must reasonably consider that the operation is the only way to comply with the notice without destroying the dog.
You should not debark:
- dogs routinely
- young dogs.
Issuing a veterinary certificate
You may be asked to issue a signed veterinary surgeon's certificate when you perform a regulated procedure on an animal. This certificate must stay with the animal if it goes to another person.
The certificate must state that the regulated procedure "was completed in the interests of the animal's welfare".
For debarking procedures, the certificate must also state "the procedure was performed in accordance with section 25(2) of the Animal Care and Protection Act 2001".
Veterinary opinion in animal welfare investigations
Statements of veterinary opinion are a vital part of most animal welfare investigations and legal briefs. It is important that these statements address the needs of the Animal Care and Protection Act 2001.
As a veterinarian, you are recognised as having a specialised role in animal welfare investigations and are expected to provide a professional and objective opinion based on all the relevant information at your disposal.
The following is a list of what you should include in a statement.
Details of veterinarian
You should provide:
- a name, address and phone number
- qualifications, including where and when they were achieved
- current employment details
- number of years' experience (experience with the particular species is optional).
Details of veterinary opinion
The statement should include:
- what date the animal was examined. For multiple examinations or when the animal was under veterinary care, this could state '... between the date of dd/mm/yy and dd/mm/yy'
- a full description of the animal, including age (estimated from dentition if not known), breed, sex, microchip number (if available) and distinguishing markings
- who presented the animal and why
- true and accurate record of findings - summary and detailed report, including observations
- details of tests performed, treatments provided and responses or results
- an estimate of the duration of illness and prognosis for cure
- objective assessments of pain and suffering (i.e. animal's demeanour, response to manipulation and handling, etc.)
- any underlying conditions for which there is no reasonable cure (e.g. cancer, old age)
- a final summary of professional opinion stating cause of the animal's condition (conclusion)
- recommended actions and treatment options
- your signature and date the statement was made.
Also consider...
- Read the Animal Care and Protection Act 2001.
Veterinary advice: livestock fitness for transport
Animals unfit for an intended journey must only be transported under veterinary advice.
As a veterinarian, you may be asked by livestock owners or consignors to make informed recommendations about whether an animal is fit for transport. You should not give authorisation for unfit livestock to be transported without providing strategies on how the animal can be transported to minimise the risk of adverse welfare outcomes.
Completing your assessment
The Australian animal welfare standards and guidelines: Land transport of livestock (the standards) include requirements that must be met for livestock welfare purposes during transport.
When professionally assessing an animal considered unfit for transport, you should:
- complete the assessment in person so you can clearly review the problem, for example, a penetrating ingrown horn. Do not rely on photographs
- provide specific advice about if and how an animal should be transported, including any special conditions the client should address to safely transport the animal
- consider the journey time, weather conditions, vehicle suitability and other possible risks that could worsen the animal's condition.
If an animal is at risk, you should advise the client on strategies that allow transport but reduce pain and discomfort to the animal being moved.
Each situation is different, but strategies may include:
- treating a disease or injury before transport
- isolating the unfit animal from other animals by transporting in a separate stall, crate or different vehicle
- providing pain relief
- undertaking husbandry procedures where appropriate (e.g. tipping overgrown horns)
- providing the animal with more frequent breaks during the journey.
You should document your observations in the medical records to support your recommendations and include photographs where possible. You should also ensure you can identify the animal(s) of interest in case of further enquiries about the consignment.
Animals considered unfit for an intended journey
Fitness for an intended journey is outlined in theAnimal Care and Protection Act 2001 and Regulations and generally refers to livestock species. Refer to Schedule 5 Code of practice for transport of livestock under the Animal Care and Protection Regulation 2023.
An animal is unfit for an intended journey if it's experiencing any of the following:
- unable to walk on its own by bearing weight on all legs
- severely emaciated or visibly dehydrated
- showing visible signs of severe injury or distress
- suffering from conditions that are likely to cause increased pain or distress during transport
- blind in both eyes
- known to be, or visually assessed to be near (within 2 weeks) parturition, as specified in each species requirements in Schedule 5 of the Regulation, unless time off water and journey is less than 4 hours duration to another property.
Your legal obligation
Under the Veterinary Surgeons Act 1936, signing or giving a professional certificate, notice or report that is incomplete, false or misleading in a material respect may be determined to be professional misconduct.
Telemedicine (the use of electronic communications to provide clinical services to patients where you do not directly interact with the animal) must only be conducted if you are a registered veterinarian practising from a premises that has been approved by the Veterinary Surgeons Board of Queensland. A bona fide veterinarian-client-patient relationship must also be established.
Also consider...
- Phone Biosecurity Queensland on 13 25 23 if you have specific concerns for the welfare of livestock.
Important parts of the Animal Care and Protection Act for veterinarians
Some parts of the Animal Care and Protection Act 2001 outline specific requirements for veterinarians. These are summarised below. For full details, refer to the Act.
Prohibitions on poisons
Only a person who is authorised under the Medicines and Poisons Act 2019 can administer a harmful or poisonous substance with the intention of injuring or killing an animal, provided it is killed humanely.
Exemptions are provided for feral and pest animal control. These exemptions do not apply to the use of CSSP pig poison.
Requirement for veterinary treatment
An inspector appointed under the Animal Care and Protection Act 2001 can require a person to seek veterinary treatment for an animal through an animal welfare direction. The direction may require the person to obtain and produce a certificate or other document from the veterinarian as evidence that they have complied with the direction. The person is responsible for paying any fees to the veterinarian.
Power to require information
An inspector can require information (including documents) from a veterinarian about the treatment of an animal if an inspector reasonably suspects that the Animal Care and Protection Act 2001 has been contravened or an animal welfare direction has been given (giving this information to an inspector does not breach privacy legislation).
Euthanasing animals
Defence for the offence of killing of an animal is available where the veterinary surgeon:
- believed it would be cruel to keep the animal alive because it was:
- so diseased or severely injured
- in such a poor physical or psychological condition
- took reasonable steps to identify and contact the person in charge of the animal before euthanasing the animal—reasonable steps include:
- scanning the animal for a microchip
- searching any relevant registers
- searching for any other form of identification (e.g. collars or tags).
A veterinary surgeon cannot be held liable civilly, criminally or under an administrative process for euthanasing the animal in this case.
See sections 41B and 215AA of the Act for more information.
Animal ethics committees must have a veterinarian
People who use animals for scientific purposes must have approval from an animal ethics committee (AEC). The AEC must have a member who is a veterinarian. The veterinarian's main role is to provide expert advice on the impact of the work on the animal and ways to minimise and monitor this impact.
Registered users of animals for scientific purposes working under an AEC approval may conduct procedures that would normally be restricted to veterinarians, provided they are competent in the procedure and perform the procedure competently.
Veterinarians, non-veterinary researchers and the practice of veterinary science
A recent amendment of the Veterinary Surgeons Act 1936 has excluded the use of an animal for scientific purposes in accordance with section 91 of the Animal Care and Protection Act 2001 from the meaning of veterinary science.
In Queensland, non-veterinary researchers can lawfully administer anaesthetics and analgesics and perform surgical procedures on animals provided they meet the relevant requirements of the Animal Care and Protection Act 2001 and the scientific use code.
Veterinarians, who are required to train or assess the competence of non-veterinary researchers in the administration of anaesthetics and analgesia and performing surgical procedures on animals as part of their approved research, can do so without committing an offence under section 25M of Veterinary Surgeons Act 1936.
© The State of Queensland 1995–2024
- Last reviewed: 08 Sep 2021
- Last updated: 08 Sep 2021