Legislation Flashcards
What is the legal status of animals?
They are a special type of property
- We have a duty of care
- People can buy, sell and give away animals
- People are responsible for damages or injury caused by animals
What are the 3 levels of government?
- Federal Parliament
- State/Territory
- Local (Council areas)
What is statue law?
- Legislation that has been passed through Parliament
- Animal industry and veterinary
specific legislation - Healthcare legislation
- Small Business legislation
What is common law?
- When an issue goes to court and there is no statute that covers it, a judge will hear the case and issue a verdict
- Previous judgements therefore form the basis for common law
What is an Act
- Legislation passed by parliament
- Sets out the broad legal/policy
principles (‘the framework’) - Designed to last for the long term, not reviewed very often
What are Regulations?
- Commonly known as ‘subsidiary legislation’
- Guidelines that dictate how the provisions of the Act are applied including exemptions, variations etc (‘the detail’)
- Reviewed more regularly
What are codes of practice?
- Practical guides to achieve the standards required under specific Acts and Regulations
- May be compulsory or voluntary
What is the difference between standards and guidelines?
- Standards = mandatory legal requirements
- Guidelines = best practice voluntary recommendations
What is an example of Legislation in Queensland?
- Animal Care and Protection Act (2001)
- Animal Care and Protection Regulation (2023)
- Australian code for the care and use of animals for scientific purposes
Examples of Federal legislation
- Regulation of agricultural and veterinary chemicals
- Trade and international agreements relating to livestock welfare, including animal exports
Examples of State/Territory legislation
- Veterinary Surgeons Act 1936
- Animal Care and Protection Act 2001
- Medicines & Poisons Act 2019
- Radiation Safety Act 1999
- Animal Management (Cats & Dogs) Act 2008
Examples of Local legislation
- Animal registration and permits
- Number of animals per household/ property
- Control of animals in public spaces
Sentience
– ‘the ability to perceive or feel things’
What are changing views of animals?
- Sentient vs special property
- Move away from “objects”
- Recognition of intrinsic value of animals
What does the Animal Care and Protection Act 2001 include?
Includes;
- Codes of practice
- Prohibitions
- Regulated procedures
Enforcement:
- Biosecurity Queensland Inspectors
- RSPCA Inspectors
- Police (under Police Act)
What is Duty of Care?
- The legal obligation of the owner/person in charge of an animal to provide for its needs;
- feed and water
- accommodation/living conditions
- treatment of disease/injury
- behavioural needs
- handling
What does the Nature Conservation Act 1992 include, and what is the regulation and code of practice?
- (Wildlife Management) Regulation 2006
- Wildlife cannot be kept as pets without QPWS permission
- 72 hours to take animal to licensed carer, vet, or apply for a license
- Focus is rehabilitation and return to wild
- Code of Practice: Care of orphaned, sick or injured protected animals by wildlife care volunteers
What does the Biosecurity Act 2014 include?
- List of notifiable diseases (National/QLD)
- Surveillance
- Emergency Animal Disease (EAD) response
- AUSVETPLAN
What are notifiable diseases?
- Animal diseases that when suspected by owners, vets or laboratories must be reported within a defined time frame
Levels of Animals as pets: (3)
- Keeping of most exotic animals as pets is prohibited in QLD
1. Allowed animals
2. Restricted Animals (Permit needed)
3. Prohibited Animals (Ferrets, Cornsnakes)
What are important Legislations around responsible pet ownership? (2)
- Animal Management (Cats and Dogs) Act 2008
- Animal Management (Protecting Puppies) and Other Legislation Amendment Act 2016
Microchipping of dogs and cats is ___
Compulsory
Important legislation around drug regulations: (2)
- Medicines and Poisons Act 2019 + Regulation 2021
- ‘The Poisons Standard’ (National)
- Regulates purchase, packaging, labeling, dispensing & storage
- Drug Schedules
- Withholding period
Important Veterinary Science legislation
- Veterinary Surgeons Act 1936
+ Regulation 2016 - Veterinary Surgeons Board regulates practice of veterinary science (qualification, registration, premises)
- Acts in public interest - consumer
protection + animal welfare - Informed consent
- Negligence and misconduct
- Record keeping
What is a drug withholding period?
Minimum time that must pass after administering a medication to an animal before it can be slaughtered or its products (like milk or eggs) are harvested for human consumption
What are drug schedules?
Classification system that categorises medications based on their toxicity, purpose, safety, potential for abuse and efficacy,
What schedule drugs are prescription only? (2)
- S4 and S8
What does “prescription only” mean?
You must see a veterinarian and have the drug prescribed
Important legislation around Radiation Safety: (1)
- Radiation Safety Act (1999) + Regulation (2021)
- Protects people from harmful radiation
- Use and possession licenses
- Must be a radiation officer in each practice
- PPE
Important legislation around Health and Safety: (1)
- Work Health and Safety Act 2011 + Regulation 2011
- Provision of safe work environment
- Managing risks
- Policies and procedures
Important Small Business Legislation: (5)
- Employment law, Fair Work (‘the Award’)
- Confidentiality (Privacy laws)
- Taxation law
- Corporations Act 2001 (legal structure of practices)
- Anti-Discrimination and bullying
Ethics versus the Law:
- Societal views and consensus will
continue to change - New technologies and greater
understanding will drive change - Legislation changes over time, but
change is slow - Every clinical case is different, with
nuanced considerations and decision- making required - Sometimes there is no guiding legislation
What are S1 drugs?
Trick question; there are currently no S1 drugs in veterinary medicine
What are S3 drugs?
Pharmacist only medicine (behind counter)
What are S2 drugs?
Pharmacy medicine (off the shelf)
What are S4 drugs?
Prescription animal remedy (must see a veterinarian)
What are S5 drugs?
Caution - Must be used carefully (Off the shelf)
What are S6 drugs?
Poison - Controlled use, potential for great harm (behind counter)
What are S7 drugs?
Dangerous poison (Stored in approved drug safes)
What are S8 drugs?
Controlled drug, prescription only (stored in approved drug safes at all times)
What are S9 drugs?
Prohibited substances, (not typically used in veterinary medicine and are therefore not kept at veterinary clinics)
What are S10 drugs?
Illegal (Substances of such danger to health as to warrant prohibition of sale, supply or use.)
