Week 2: legislation Flashcards
What is statute law
is legislation that has been passed through parliament
Animal industry and veterinary specific legislation
What is common law
• No specific direction in legislation
• When an issue going to court and there is no statute that covers it, a judge will hear the case and issue a verdict
• The record of the verdict becomes a precedent so that similar cases arise, other judges may take into account the penalty previously issued
Previous judgments therefore form the basis of common law
What are acts
- 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
a. Commonly known as ‘subsidiary legislation’
b. Guidelines that dictate how the provisions of the act are applied including exemptions, variations etc (the detail)
c. Reviewed more regularly
What is code of practice
a. Practical guides to achieve the standards required under specific acts and regulations
b. May be compulsory or voluntary
What is sentience?
- Capacity to experience feelings (suffering, pain, ear, boredom, frustration and contentment)
- Ability to learn from experience and other animals, assess risks and benefits, make choices
These abilities rely on an awareness of their word and ability to remember process and assess information to meet their needs
What are the five freedoms?
The five freedoms - concept of duty of care & sentience
1. ]Freedom from hunger and thirst: By ready access to fresh water and a diet to maintain full health and vigour
2. Free from discomfort: By providing an appropriate environment including shelter and a comfortable resting area
3. Freedom from pain, injury or disease: By prevention through rapid diagnosis and treatment
4. Freedom from fear and distress: by Ensuring conditions and treatments which avoid mental suffering
Freedom to express normal behaviour: by providing sufficient space, proper facilities and company of the animals own kind.
Who are responsible for the regulation of animal welfare in australia?
State and territory governments
What is the VNCA code of professional conduct?
- assists in maintaining acceptable professional standards
- vets nurses accept the responsibility and trust vested in the veterinary profession and the corresponding obligation to professional conduct
- VEt nurses have a responsibility to animals, owners, employers, the profession and society to provide safe and competent nursing
- the VNCAs code o professional conduct calls for accountability - a set of national minimal standards
What are some issues that arise in-regards to the LAW vs Ethics
Veterinary teams work in very complex, dynamic worlds
Every clinical case is different, with nuanced considerations and decision-making required
Values and personal ethics are very important
Legislation changes over time, but change is slow
Current practice often drives legislation change
What are the 5 domains
freedome = nutrition
- from discomfort = environment
- from pain, injury and disease = health
- to express normal behaviour = behaviour
- from fear and distress = mental state
Why is it important to have legislative and regulatory environment for veterinary practices/sciences?
Can be a complex and depends on location/ type of work & it changes over time
• Veterinary Surgeons Board (and Veterinary
Tribunal) maintain and improve the standard
of veterinary practice in QLD
• Regulates practice of veterinary science
(qualification, registration, premises)
• Acts in the public interest - consumer
protection + animal welfare in delivery of
veterinary services
• Negligence and misconduct
• Record keeping important for veterinary
practices
Why is animal welfare and protection (animal care and protection act 2001) important? and what is involved
Ensures that animals in QLD are afforded
acceptable standards of animal welfare (all
types of animal use)
Duty of Care
• Anyone caring for an animal (owners, veterinary clinic staff)
• Veterinarian shares with owner
• Owner ultimately responsible for treatment decisions*
Legal obligation to provide ‘appropriate care’ by providing for an
animal’s needs:
1. Providing food and water
2. Providing accommodation or living conditions
3. Understanding the animal’s normal behavioral patterns
4. Treating disease and injury
5. Handling the animal appropriately
What is WHP and ESI in regards to the Australian pesticides and veterinary medications authority?
Withholding period (WHP) : The minimum period which must elapse between last administrations or application of veterinary chemical product, including treated feed, and the slaughter, collection, harvesting or use of the animal commodity for human consumption. ON LABEL
Export slaughter interval (ESI): The minimum time that should elapse between administration of a veterinary chemical to animals and their slaughter for export
