Lawyers for Animals Newsletter: April 2016

Events

Our Inaugural Law Week Quiz Night

A fun & informative evening with a hint of legalcompetitiveness! Please start gathering your teamtogether - or simply join one of ours - to test yourgeneral knowledge and feed our legal sector'straditional rivalries: firm v firm; solicitor v barrister;lawyer v non-lawyer; teacher v student; judge vassociate... all in a spirit of conviviality and tobenefit animals

WHEN? Friday 20 May 2016, 5.30pm registration for 6pm start

WHERE? The Apartment (bar)401 Little Bourke St, Melbourne

COST? $10 each + optional $15 dinner box (vegan Thai curry or Thai noodle dish) – drinks and nibbles available for sale

Full RSVP details – including dinner box order form– will be provided in Lawyers for Animals' openinvitation to be circulated via email and publishedon our website in mid-April:www.lawyersforanimals.org.au

ALI's Animal Law Week

Around Australia from 11 – 17 April 2016, theAnimal Law Institute will “facilitate discussions onthe most pressing animal law issues and whatmust be changed to achieve a just world foranimals.” To check dates, locations and register toattend, go to: http://www.ali.org.au/events/

Voiceless' Animal Law Lecture Series

Around Australia from 4 – 17 May 2016, Voiceless– the animal protection institute will be hosting itsannual lecture tour. This year their keynotespeaker is Marianne Thieme: lawyer, activist andleader of the Dutch Party for the Animals. To check

dates, locations and register to attend, go to:https://www.voiceless.org.au/lecture

Our Animal Law Clinic turns three

Since April 2013, Lawyers for Animals has workedin partnership with Fitzroy Legal Service to providea specialised Animal Law Clinic, the first of its kindin Australia. On Friday evenings our trainedvolunteers – both legal and paralegal – meet withpre-booked clients at Fitzroy Legal Service toprovide legal advice regarding animals with whomthe clients' interests coincide.

The cases are varied but have included: dog injurymatters; animal ownership disputes; veterinary orother negligence matters; and enquiries aboutanimal law reform strategy. A de-identified casesummary is provided to our rostered volunteersprior to each appointment, allowing research to beundertaken in order to optimise the advice that isgiven. Lawyers for Animals' prides itself on thequality of advice we provide, and the spirit in whichit is provided. We continue to build expertise in thediverse field of animal law as a direct consequenceof our Clinic.

Providing this free legal service has not beenwithout its challenges. Recruiting, training androstering staff; liaising closely with Fitzroy LegalService and providing the best help we can on thenight; all takes significant time and patience.However, the rewards of knowing that an animal'swellbeing is likely to be improved by our efforts,and of helping people who truly love their animals,are incalculable.

We would like to express our special thanks tothose volunteers who help make our Clinic such asuccess: Rachael Hambleton who handles theday-to-day co-ordination and rostering; JessicaPhillips who recruits and manages volunteers andeach of our wonderful legal and paralegalvolunteers who make the Clinic possible. Theseinclude members of the Lawyers for AnimalsExecutive Committee, who supervise eachappointment. We would also like to thank FitzroyLegal Service and its staff for being such wonderfulpartners, especially: Tori Diamond, Mark Rawlings,Julie Fletcher, Claudia Fatone and Ela Stewart.

The demand for appointments at the Animal LawClinic remains strong, and we can always use morevolunteers: both practitioners and law students – butespecially practitioners with unrestricted practisingcertificates. If you can help, please email Jess atvolunteering@lawyersforanimals.org.au

LFA feature article

The case against lay persons performing equine dentistry using power tools

By Karina HeikkilaLLB (Hons), Provisional PhD Candidate (Animal Law),Victoria University Melbourne. Sessional tutor in law.Member, Lawyers for Animals Inc.

Dr Doug Edlington BVSc equine dental vet performingequine dentistry using appropriate tools and equipmenton patient properly and legally sedated.

Photo: ©Karen Davis Photography

Dentistry procedures for horses can be performedusing powered drills. Usually the power tools arefitted with long extensions to allow grinding of thehorse’s back teeth, and require appropriate skilland practice for effective use. The power tools arenoisy, cause considerable vibration and theprocess usually requires the horse to beadequately sedated with restricted drugs. Whilstthe practice does provide great advances in horsedental health when used appropriately, due to therisks,1 the author argues that the proceduresshould be restricted to performance byveterinarians with appropriate training.

Despite the above, some Australian jurisdictions(including Victoria, New South Wales, Queenslandand ACT) have lifted the practice restriction orhave legislated to allow lay persons (non-veterinarians) to use power tools. The relevant law

1 See, eg, G J Wilson and L J Walsh, ‘Temperature Changes in Dental Pulp Associated with Use of Power Grinding Equipment on Equine Teeth’ (2005) 83(1) Australian Veterinary Journal 75, 77.

is found within each jurisdictions’ veterinarypractice or animal welfare legislation and theassociated regulations.2 Victoria’s Code ofPractice for the Welfare of Horses3 restricts, butdoes not prohibit, lay person practice. The authorcan be contacted via enquiries@lawyersforanimals.org.au

for a copy of a more comprehensive review whichshe expects will be published online shortly.

The risks of the lay person practice were clearlydemonstrated in Veterinary Surgeons Board ofQueensland v MacIntosh [2010] QCAT 601. Inthat case, four horses, Zander, Silver-Smith, Kingand Cyrus suffered significant injuries. In 2009Zander was euthanased. At paragraph 22 of thatcase, the Tribunal declared ‘that the use of apower rasp/file in the hands of an individual notproperly trained with these instruments can causeirreversible harm to animals putting their welfare atsignificant risk’. The Tribunal also stated that theregulation that permitted what was originallyintended to include only manual rasping and filingof horses’ teeth ‘may need to be revisited’. It isdisturbing that the regulation has not beenmodified. Of equal concern is that both New SouthWales and the ACT have introduced regulations topermit lay persons to use power tools once thehorse has been sedated by a veterinarian.4

More recently the risks were highlighted in anarticle published in the Bendigo Advertiser thatalso indicates links between the lay personpractice, the potential damage to horses and thealleged illegal administration of restricted drugs(when a veterinarian is not involved in theprocedure):http://www.bendigoadvertiser.com.au/story/3816

945/cruelty-charges-against-horse-dentist/. These riskswere not unknown. For example, in March 2011,the American Veterinary Medical Associationreported that in Texas there was a rise in non-veterinarians performing equine dentistry withpower tools and a concurrent rise in the use ofrestricted sedative drugs.5

2 See, eg, Prevention of Cruelty to Animals Act 1986 (Vic); Veterinary Practice Act 2003 (NSW) s 9; Veterinary Surgeons Act 1936 (Qld) s 2A, Veterinary Surgeons Regulation 2002 (Qld) s 3; Animal Welfare Act 1992 (ACT) s 19(1).

3 Agriculture Victoria, Code of Practice for the Welfare of Horses Revision 1 http://agriculture.vic.gov.au/agriculture/animal-health-and-welfare/animal-welfare/animal-welfare-legislation/victorian-codes-of-practice-for-animal-welfare/code-of-practice-for-the-welfare-of-horses-revision-1. See Code 14.

4 Veterinary Practice Regulation 2013 (NSW) s 4, Veterinary Surgeons (Standards Statements) Approval 2015 (No 1): Notifiable Instrument, NI2015-688, 1 December 2015 s 11.3.1(i).

The law should be reformed to protect horses, tocurb the illegal distribution and administration ofrestricted drugs (precipitated by lay person practicenot assisted by a veterinarian) and to protect horseguardians who unwittingly allow the practice to beperformed.

Many thanks to Karina Heikkila for this article. If you would liketo contribute an animal law-related article for publication,please contact us at enquiries@lawyersforanimals.org.au

The horse cases... what can we do?

Following on from revelations of horse dentalcruelty, highlighted by the Bendigo casereferenced in our feature article (above) we arefurther outraged by the discovery on 3 April 2016of 22 dead horses on a property at Bulla (north ofMelbourne) where another 24 horses weresuffering malnutrition – one of whom waseuthanised on-site. Perhaps more immediatelydisturbing than the fact that the property ownerheld a 'Restricted Trainer Licence' from RacingVictoria at the time of these deaths, was news fromRSPCA Victoria that they:

… received a preliminary report on March22 that there was a horse on the propertywithout sufficient feed. We regret that thisreport didn’t accurately describe thesituation that was uncovered yesterday andthat observations from our inspectoroutside the property did not reveal the trueextent of what lay within. As the owner ofthis property is known to the RSPCA andthe property is one which is not [to] beattended without police support for safetyreasons, our inspector requested policeescort.6

Yet for 12 days no RSPCA inspector entered theproperty. Only on 3 April, after another neighbouradvised the RSPCA that she had entered theproperty and found dead and living horses, one ofwhom urgently required euthanasia, did theRSPCA and Victoria Police take more appropriateaction.

In mitigation, the RSPCA states:

RSPCA Victoria is a charity that receivesmore than 90 per cent of its fundingthrough the generosity of publicdonations... Our 17 inspectors are dealingwith horses in dire conditions and at

5 AVMA, JAVMA News: Reconciling Scope-of-Practice Disputes State Veterinary Boards Laypersons Work Together on Legislation (1 March 2011) <https://www.avma.org/News/JAVMANews/Pages/110315d.aspx>.

6 See RSPCA Vic media release 4 April 2016, currently available at http://www.rspcavic.org/media/latest-news/

unprecedented levels. In the past twomonths we have seized more horses thanat any other time in our 140-year history.The demand for our inspectors is out-stripping our capacity to respond, so welook to other empowered agencies, such asthe police to provide support.

Lawyers for Animals understands that lawenforcement agencies like Australia's variousRSPCA Inspectorates cannot hope to operateeffectively whilst they are grossly underfunded andnot underwritten (by government) against debtswhich can result from civil proceedings, furtherdraining their meagre resources.7

Lawyers for Animals also understands thatcommunity expectations relating to animal welfareare unlikely to be met, nor is adequate financialsecurity likely to be provided to animalinspectorates, while the only voice for animals ingovernment is the Minister for Agriculture – who,as the title suggests, is simultaneously responsiblefor representing the interests of animal industry.This structural conflict of interest remains asignificant obstacle to democratic process, atvarious state and federal levels. One optionproposed to overcome this structural flaw is thecreation of Independent Offices of Animal Welfare,which may subsume the inspectorate powers ofbodies . Lawyers for Animals was amongst severalgroups invited to make a submission to a SenateCommittee inquiry considering a Greens Bill on thisissue in 2015.8

Whilst it would be easy to give in to despair attimes like this, Lawyers for Animals never will. Wehave also decided to share the story of one of ourinspiring non-legal members and her constructiveresponse to the horror.

7 See for example: RSPCA v Holdsworth & Anor [2015] VSCA 243 (10 September 2015) – in which RSPCA Victoria was refused leave to appeal against a judgement orderingthem to pay $1.167m compensation for the negligent destruction of cattle in May 2003.

8 To view all submissions, including Lawyers for Animals', see: http://www.aph.gov.au/Parliamentary_Business/Committees/Senate/Rural_and_Regional_Affairs_and_Transport/Voice_for_Animals_Bill_15/Submissions

Member Profile

Justine Curatolo

What animal rights work are you currentlymost involved in?

In August 2015 I was involved in starting theFacebook campaign: 'Victoria NEEDS anIndependent Office of Animal Welfare', which I nowrun. The purpose of this campaign is to call forreform because the current animal welfare systemis not working. I've recently met with the heads ofRSPCA Victoria, an adviser to the VictorianMinister for Agriculture and a number of key animalrights stakeholders to discuss support for anIndependent Office of Animal Welfare at bothVictorian and Federal levels. To date all feedbackhas been positive and in support of the Office.However, I've discovered there is some differenceof opinion regarding when the Office should beestablished, with some stakeholders preferring todefer its establishment for a number of years.

When do you think is the 'right' time?

I believe that the best time for the establishment ofan Independent Office of Animal Welfare is now.Animals are suffering now, the system is failingthem now, therefore, we should be moving towardsan Office now. Commitments made by Ministers inGovernment need to be upheld by thatGovernment and are not limited to a standingMinister, specifically. I think everyone who caresabout animals in Victoria should unite to push for abetter animal welfare system for all animals inVictoria, and that means supporting the urgentcreation of an Independent Office of AnimalWelfare.

What prompted you to start this campaign?

I was responding to a case of animal cruelty wherecattle on a property north of Melbourne were left todie a cruel and preventable death due toGovernment inaction. Since then, the momentumand public support for an Independent Office ofAnimal Welfare has grown as more and moreexamples of system failure resulting in animalssuffering and dying preventable deaths arerevealed.

How can others get involved in the campaign, ifthey wish?

For more information they can go to the 'VictoriaNEEDS an Independent Office of Animal Welfare'FaceBook page. They can also sign this petition:

https://www.change.org/p/jaala-pulford-the-vic-minister-for-agriculture-ajp-vic-calls-for-an-independent-animal-welfare-body-with-a-minister-for-animal-welfare

Justine cradles cheeky Elvis, a second twin foal sherescued and successfully hand-reared in 2010 – despiteveterinary predictions he would not survive. Her dog,Jack, looks on. Elvis was initially so small that only dogjackets would fit him. He required 3-hourly bottle feedsand slept inside the house for the first 3 months!