Lecture 4 Flashcards
What is The Animal Care and Protection Act 2001
Promotes responsible care and use of animals It places a legal duty of acre on people in charge of animals to meet those animals’ needs in an appropriate way
What is the purpose of the ACPA (2001)
- Promote respinsible care and use of animals
- Provide standards for use and care
- Achieve a reasonable balance between the welfare of the animals and the intrest of the persons whose livelihood is dependent on the animal
- Allow for the effect advances in scientific knowledge about animal biology and changes in community expectations about practices involving animals
- Protect from unjustifiable, unnessary or unreasonable pain
- Ensure the use of animals for scientific purposes is accountable, open and reasonsible
What is the ACPA framework
- Regulations that require compliance with codes of practice
- Prohibiting certain conduct in relation to animals
- Imposing a duty of care on persons in charge of animals
- Monitoring of animals used for scientific purposes
- Enforcement provisions and authorzied officers
What are the Animal Care and Protection Regulations 2012
- Regulations provide the ‘action plan’ or rules of implementation to support the act
What is an animal?
- Animal care and protection Act 2001 covers all living vertebrate animals. It includes mammals, birds, reptiles, amphibians and fish, as well as cephalopod and malacostrapod invertebrates
What can enforce the act?
- The Act is administered by Biosecurity Queensland. Specally trained Biosecruity Queensland or RSPCA animla welfare inspectors, or the police, investigate complaints about alleged offences
- There are very strict conditions under which the act can be enforced. Inspectors much be appointed under the act
- Vets DO NOT have the power to enforce the act
- Police - different powers under the Policy Powers and Responsibility Act
As a trained and appointed inspector you can:
- Enter places and cehicles
- Inspect animals
- Relieve animal pain
- Copy documents relating to animal welfare investigations
- Issue an animal welfare direction
- Seize an animal
- Destroy an animal
What is the Duty of Care
- Duty of care places a legal obligation on those in charge of animals to provide for an animal’s needs in an appropriate
- If you are in charge of an animal, you have a duty of care to that animal - no matter why you are in charge of it, what you are using it for or how long it will be in your care
- Duty of care is based on the 5 freedoms
What is the ‘person in charge’
- Owns or has a lease, licence or other proprietary intrest, in the animal
- Has custody of the animal, including care or control of the animal
- Employs or engages someone else who has custody of the animal, ant thus custody is within the scope of the employment or engagement
What is joint duty of care
- More than one person can have duty of care to animals at the same time.
- Not hold responsible for event that happen before the animal
Veterinarian’s duty of care responsibilities
- When examining and treating an amimal, the vet has tempoary custody of the animals and so has a duty of care
- Vet must ensure appropriate handling, housing and conditions for the animals
- Must give appropriate care for the animal species, taking into account the environment and circumstances
- If an animal in your custody is in pain, you should use analgesics appropriately
- Vets duty of care to an animal extends to members of staff associated with the practies
Treatment decisions
- Owners decide what treatment
- Vet responsibe for giving welfare consequences of decision
What happens when there is an inability to pay
- If the owner prefers a particular trearment but cannot pay for that treatment, you may wish to negotiate further opetions. 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 reponsibility to you
When can an inspector destroy an animal
- Animal had been seized or the person in charge of the animal has given written consent to the destruction and
- The inspector reasonably believes that the animal is in pain to the extent that it is cruel to keep it alive
Prevention of Cruelty to Animals POCTA
- A vet practitioner may, with any assistance that is necessary, destory any animal
- That is behaving in sucha a manner and there is such circumstances that the vet practitioner reasonably believes that the animals is likely to cause death or serious injury to any person or other animal
- That is abandoned, distressed or siables if the vet reasonably believes that the animal’scondition is such that would continue to suffer if it remained alive