Animal Ethics Requirements for Consultants by State

Victoria
Queensland
Western Australia
Australian Capital Territory
Northern Territory
New South Wales
South Australia
New Zealand


VICTORIA

Contact: Max Campbell Max.campbell@dpi.vic.gov.au

Scope:
Use of animals (including fish) in Victoria for research or teaching science, or testing, must be licensed by the Victorian Department of Primary Industries through the Bureau of Animal Welfare, and approved by an Animal Ethics Committee (AEC). The need for AEC approval is tied to research permits for related wildlife legislation. Simple spotlighting and observational studies would not normally require AEC approval.

Legislation: Prevention of Cruelty to Animals Act 1986 (Vic); Wildlife Act 1975 (Vic); National Parks Act 1975 (Vic).

Licence Requirement
: Wildlife Act 1975 Research Permit (and separate National Parks Act permit, where relevant).

Animal Ethics Committee approval
: Required. Businesses can form their own AEC or apply to use the Wildlife and Small Institutions AEC provided by the Department of Primary Industry (DPI).

Relevant Guiding Policy
: Australian code of practice for the care and use of animals for scientific purposes; Guidelines for the use of wildlife (PDF 14Kb)

Cost
: None.

Penalties
: Failing to comply can incur a penalty of 120 penalty units (~$13,500) and imprisonment for one year, or 600 penalty units (~$68,000) for a body corporate.

Reporting
: Annual. All scientific establishments which apply for licences to use and supply animals for scientific purposes must report their animal usage and supply figures for the previous calendar year to their AEC.

Links:



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QUEENSLAND

Contact:
Karen Boundy karen.boundy@dpi.qld.gov.au

Scope:
Applies to all scientific purposes, which means activities performed to acquire, develop or demonstrate knowledge or techniques in any area of science including environmental studies. Animal means any live vertebrate including amphibians, birds, fish, mammals and reptiles. Animals also include live pre-natal or pre-hatched creatures in the last half of gestation, e.g. a mammalian or reptilian foetus, pre-hatched avian, mammalian or reptilian young and live marsupial young. Cephalopod invertebrates such as octopus, squid, cuttlefish and nautilus are also included as animals.

Legislation: Animal Care and Protection Act 2001 (Qld)

Licence Requirement: individuals or corporations must apply to register with the Queensland Department of Primary Industries and Fisheries.

Animal Ethics Committee approval: Required. The AEC must be constituted under the Code but does not need to be based in Queensland. Queensland has a mutual recognition policy with other states and territories and recognises AECs from other jurisdictions provided they are constituted under the Code and the terms of reference have been approved by DPI&F.

Relevant Guiding Policy: Australian code of practice for the care and use of animals for scientific purposes.

Cost: Licence issued for three years. $556.65 for an individual or corporation with less than 10 employee; $835.50 for a corporation with 10-50 employee; $1113.35 for a corporation with more than 50 employees.

Penalties: $22,500 or 1 year imprisonment.

Reporting: Annual. All scientific establishments which apply for licences to use and supply animals for scientific purposes must report their animal usage and supply figures for the previous calendar year to their AEC. Registrants and their AECs are subject to a triennial audit to ensure compliance with the Act and the Code. Audits are carried out by DPI&F .

Links:

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WESTERN AUSTRALIA

Contact: Jeni Hood (08) 9217 1479

Scope:
Broad definition of scientific purposes, meaning, acquiring, developing or demonstrating knowledge or techniques in a scientific discipline. Animal means any live vertebrate with the exception of fish.

Legislation: The Animal Welfare Act 2002 (WA)

Licence Requirement: a scientific user or supplier licence from the Department of Local Government and Regional Development.

Animal Ethics Committee approval: Required. AEC provided by the applicant's scientific establishment.

Relevant Guiding Policy
: Australian code of practice for the care and use of animals for scientific purposes.

Cost: $100 per annum.

Penalties: Failing to comply can incur a maximum penalty of $50,000 and imprisonment for five years.

Reporting: Annual. All scientific establishments which apply for licences to use and supply animals for scientific purposes must report their animal usage and supply figures for the previous calendar year to their AECs and the Department.

Links:


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TASMANIA

Contact: Mary Lou Conway MaryLou.Conway@dpiw.tas.gov.au

Scope:
Applies to any "animal research", which has a broad definition, meaning a procedure, test, experiment, inquiry or study on an animal which is undertaken to develop, demonstrate or acquire knowledge, or techniques, in an area of science or teaching; and is likely to have a significant adverse effect on the welfare of the animal. A significant adverse impact includes observational studies where the animals are handled, tagged or otherwise interfered with or the animal’s immediate environment is entered or disturbed by that activity". Animal means all live, non-human vertebrates and cephalopods. ‘Animal’ includes juvenile forms.

Legislation: Animal Welfare Act 1993 (Tas); Nature Conservation Act 2002 (Tas).

Licence Requirement: to be recognised as an Institution by DPIW; and to have a licence to conduct animal research for the purposes of the Animal Welfare Act 1993 (Tas). Not clear whether a new permit is required for each consultancy project, or whether it can be provided generally, for consultancy work over the course of the licence. It is also usually necessary to have a Scientific Permit under the Nature Conservation Act 2002.

Animal Ethics Committee approval: Required. Can be provided by the AEC committee of the Department of Primary Industries and Water. Not clear whether AEC approval by an interstate AEC would be considered.

Relevant Guiding Policy: Australian code of practice for the care and use of animals for scientific purposes.

Cost: Institutions based in Tasmania employing not more than 3 persons and having not more than 4 animal research project proposals each year: $230.40; Institutions based in Tasmania employing 4 or more persons: $460.80; Institutions based in Tasmania with 5 or more animal research project proposals each year: $460.80; Institutions based outside of Tasmania with own Animal Experimentation Ethics Committee $115.20; Institutions based outside of Tasmania without own Animal Experimentation Ethics Committee and having not more than 4 animal research project proposals each year: $230.40; Institutions based outside Tasmania without own Animal Experimentation Ethics Committee and having 5 or more animal research project proposals each year: $230.40;Not-for-profit institutions - no licence fee payable.

Penalties: $5,000 or 1 year imprisonment.

Reporting: Annual. All scientific establishments which apply for licences to use and supply animals for scientific purposes must report their animal usage and supply figures for the previous calendar year to their AEC.

Links:


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AUSTRALIAN CAPITAL TERRITORY

Contact: Jo Bauer jobauer@act.gov.au

Scope: The legislation has not knowingly been applied to consultancy, although it states: a person without a licence commits an offence if the person "uses or breeds an animal for research or teaching".

Legislation:
Animal Welfare Act 1992 (ACT); Nature Conservation Act 1980 (ACT)

Licence Requirement: There may be discretion in the ACT to consider animal welfare requirements under wildlife licensing through the Nature Conservation Act 1980. It is possible however, that additional licencing may also be required under the Animal Welfare Act 1992. Presently this is unclear, as there is no policy precedent for consulting work. Animal welfare licences are only issued for periods of one year.

Animal Ethics Committee approval: The need to get AEC approval is currently discretionary for wildlife licensing. This notwithstanding, it would be a mandatory requirement for an Animal Welfare licence.

Relevant Guiding Policy: Possibly the Australian code of practice for the care and use of animals for scientific purposes.

Cost: Discretionary.

Penalties: 100 penalty units (~$10,000), imprisonment for 1 year or both

Reporting: An AEC can request reports and documentation, as required. Wildlife licensing under the Nature Conservation Act requires a report on the project to the ACT Parks and Conservation Service at the end of the project or at the expiry of the licence, whichever is sooner.

Links:


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NORTHERN TERRITORY

Contact: Mary Gearin-Smith animalwelfare@nt.gov.au

Scope:
The legislation has not knowingly been applied to consultancy, although it encompasses any teaching and research involving animals. As in other regions of Australia the definition of "research" is broad and means any experiment, procedure, test or study in which an animal is used.

Legislation:
Animal Welfare Act 2000 (NT)

Licence Requirement: Required. Provided by the Animal Welfare Authority, that vests within the Department of Local Government and Housing.

Animal Ethics Committee approval: Required. Consideration would be given to an AEC from elsewhere in Australia.

Relevant Guiding Policy: Australian code of practice for the care and use of animals for scientific purposes.

Cost: $100 per licence (3 years).

Penalties: $11,000 1 year imprisonment.

Reporting: Report animal use data on a yearly basis.

Links:


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NEW SOUTH WALES

Contact: Grace Cook grace.cook@dpi.nsw.gov.au.

Scope: Animal research applies very broadly to any procedure, test, experiment, inquiry, investigation or study in connection with which an animal is used and includes inquiries, investigations or study in the course of which an animal is subjected to abnormal conditions of heat, cold, light, dark, confinement, noise, isolation or overcrowding or abnormal dietary conditions.

Legislation:
Animal Research Act 1985 (NSW)

Licence Requirement: Need to be first accredited as a research establishment, then an Animal Research Authority is required. Licence for the latter can only be given for a 12 month period.

Animal Ethics Committee approval: Required. The Director General has its own AEC that may be approached by consultants.

Relevant Guiding Policy: Australian code of practice for the care and use of animals for scientific purposes.

Cost: $100 per application for an Animal Research Authority up to a maximum of $300 per calendar year.

Penalties: For an individual, a maximum penalty: 30 penalty units or imprisonment for 12 months, or both. For a corporation, 160 penalty units.

Reporting: Requirement to submit annual animal use statistics.

Links:


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SOUTH AUSTRALIA

Contact: Kate Lloyd lloyd.kate2@saugov.sa.gov.au for information on animal ethics requirements, and Michele Walter at the Animal Welfare Unit on licensing: animalwelfare@saugov.sa.gov.au

Scope:
Applies to any research or science. Animal means a member of any species of the sub-phylum vertebrata except a human being or a fish.

Legislation:
Prevention of Cruelty to Animals Act 1985 (SA)

Licence Requirement: Licence requirement under Protection of Cruelty to Animals Act.

Animal Ethics Committee approval: Required. Do not have capacity in legislation to accept approval from an interstate AEC. Consultants require a South Australian AEC. There is an AEC provided by Department of Environment and Heritage. Note, any consultant doing fauna trapping will require a scientific research permit (to trap and handle protected fauna) under the National Parks and Wildlife Act. It is a condition of the scientific research permit that the researcher collects voucher specimens. This means the minimum required to authenticate the record, i.e. one voucher specimen per species are to be collected when validating a field identification, when a field identification cannot be reliably made, or if the specimen constitutes a new park species record, a significant range extension or an unusual form.

Relevant Guiding Policy: Australian code of practice for the care and use of animals for scientific purposes.

Cost: $65 for 2 years

Penalties: Research without a licence may incur a penalty of $50 000 for a body corporate or $10 000 for an individual.

Reporting: Annual written report to ethics committee and annual statistics on use of animals which go to Minister.

Links:


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NEW ZEALAND

Contact: The Animal Welfare Group animalwelfare@maf.govt.nz

Scope:
Animal welfare legislation in New Zealand applies to people in charge of animals, where such animals are "manipulated". Whilst in care, the physical, health, and behavioural needs of animals must be met in a manner that is in accordance with both good practice and scientific knowledge.

Legislation: Animal Welfare Act 1999 (NZ)

Licence Requirement: None.

Animal Ethics Committee approval: Every project must be approved and monitored by an Animal Ethics Committee and must follow an approved code of ethical conduct.

Cost: None

Penalties: In the case of an individual, imprisonment for a term not exceeding 6 months or to a fine not exceeding $25,000 or to both; and in the case of a body corporate, a fine not exceeding $ 125,000.

Reporting: All code holders have to submit annual animal use statistics on the number of animals used in research, testing or teaching, and the degree of suffering that the animals have experienced, from little or none to severe.

Links:





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