The Animal Justice Party (AJP) seeks a new legal framework for animals which protects their right to live free from human harm.

Key Objectives

1. Establish a designated Minister for Animal Protection in all federal, state and territory governments who would oversee the administration and enforcement of animal protection legislation.
2. Abolish the property status of animals and introduce uniform legislation that recognises animal sentience and protects animals from harm (for more on sentience, see our Animal Definition Policy).
3. Until uniform animal protection legislation is in place, we will also campaign to remove and prohibit exemptions and ambiguities that allow animal cruelty to occur (for example, codes of practice for the ‘welfare’ of farmed animals).
4. Introduce a publicly-funded Independent Office of Animal Protection (IOAP) in each state and territory to oversee and enforce the new legislation and at a federal level with the responsibility to coordinate and provide national leadership on animal protection.
5. Facilitate information sharing between law enforcement agencies to stamp out animal abuse and interpersonal violence.
6. Review Australia’s international trade treaties and challenge any provisions that undermine animal protection.
7. Advocate for an international treaty on animal rights.

Background 

The Animal Justice Party (AJP) aims for a legal system that will protect the rights of both humans and other animals. We will create a justice system that respects the rights, interests and bodily security of all. Currently, animal welfare laws are anthropocentric, meaning they are more preoccupied with human concerns and human gains than they are with the experiences of animals. The various existing state-based welfare laws are designed to only protect animals from 'unreasonable' or 'unnecessary' harm, which still allows humans to exploit, harm or consume them. There are many problems with the current legal system so that what ‘appears at first glance to be a fairly robust framework of protections quickly fades away when the myriad of qualifying terms, defences and exemptions are taken into account.’ (Goodfellow 2014) The result is that no animal is adequately protected by law.

From welfare to rights

There is a substantial difference in the protections given to native, introduced, companion and farmed animals. For example, under current laws: 

1. Native animals are generally protected, subject to numerous exemptions. 
2. Introduced animals like rabbits, cane toads, cats and foxes are hunted, poisoned, and treated with contempt.
3. Companion animals and farmed animals are promised protection from ‘cruelty’ and neglect by the ‘Five Freedoms’ of welfare under state-based legislation. This includes freedom from hunger and thirst; from discomfort; from pain, injury or disease; from fear and distress; and to express normal behaviour. But the law only requires humans take ‘reasonable steps’ to provide these freedoms. This means that harmful acts done in the pursuit of some socially accepted goal (like business) are not likely to be considered cruelty. 
4. Many animals have their already limited legal protections removed by Industry Codes of Practice which condone ‘standard’ harms. If an animal is harmed in a way that is covered by one of these Codes, then that harm is legally neither neglect nor cruelty. Codes exist that permit acts done by farmers, slaughterhouses, breeders, racing clubs, and scientists that would be punishable under welfare legislation. 

These codes are written by the same people who profit from that animal exploitation. They are designed to place such industries beyond any real public or legal scrutiny.

The AJP will introduce new uniform legislation across Australia that ensures animals will be protected from harm and be treated as  individuals, not property. The transition from exploited commodity to respected individual will require new laws and new thinking. We will work with other sovereign nations towards an international agreement on animal rights. 

From weak enforcement to solid protection 

Currently, in the vast majority of cases, breaches of animal welfare laws go unpunished. 

Animal welfare laws are often enforced by the RSPCA and other agencies in the not-for-profit sector. These agencies are provided with minimal resources and little statutory power to do the role. In the vast majority of cases, there is an unacceptable overreliance on education even where prosecution is warranted. Animal welfare agencies refrain from spending money on prosecution unless they know they will win because of the severe lack of government funding. As the animal victims cannot speak or provide testimony it is nearly impossible to prosecute animal abusers. 

Industries which exploit animals are typically regulated by government bodies that are also responsible for the economic success of those same industries. This arrangement creates pressure to keep enforcement at a bare minimum. Profit is prioritised, with enforcement agencies preferring education and gentle attempts at industry compliance. Prosecution is reserved only for notorious cases which are usually exposed to the media by community and animal rights groups.

At the state and territory level, the AJP will overhaul existing regulatory bodies with a single, publicly-funded Independent Office of Animal Protection (IOAP) to oversee and enforce the new animal protection legislation, without existing conflicts of interest. In the transition phase, IOAPs will actively enforce outgoing welfare legislation. At the federal level, the IOAP will coordinate the activities of the states and territories (including standard-setting) and provide national leadership. As the economy moves away from systemic animal exploitation, IOAPs will increasingly focus on the protection of individual animals. 

A dedicated Minister for Animals in each jurisdiction is long overdue. Animals deserve their own Minister and establishing a Ministerial portfolio would elevate animal protection issues. These Ministers would be responsible for the proper administration and enforcement of the relevant legislation relating to animal protection.

The Ministers would act on advice and recommendations from relevant government, independent and statutory authorities that ensure the wellbeing of animals. The Ministers would be responsible for securing funding to advance animal protection and wellbeing. The Ministers would be required to table an annual report to their parliaments detailing the improvements in wellbeing for all animals. Making the position a cabinet appointment would increase the awareness of the importance of animal protection in parliament and society more broadly.