2010

This study examines standards and standard-setting for the protection of companion and farm animals. The well-being of companion and farm animals is dependent on the scope of standards applicable to their protection and the ways in which those standards are applied in practice. Despite the seriousness of harms inflicted on companion and, especially, farm animals every year, little scholarly attention has been paid to development of the standards governing their protection. A case study approach, focussed on Queensland, is used to explore who exercises authority in the arena of animal protection regulation, how standard-setting processes work and how these relate to compliance monitoring and enforcement. This study explores these issues through a series of questions: 1. How are the purposes of the regulation of the protection of companion and farm animals framed? 2. What types of regulatory standards apply to the protection of companion and farm animals in Queensland? 3. What are the processes for development of these standards, and how have these evolved over time? 4. What consequences do the prevailing types of standards have for compliance monitoring and enforcement? 5. How are these standards applied in practice through compliance monitoring and enforcement processes? 6. What are the key differences in the regulatory standards for the protection of companion and farm animals and how might these differences be rationalised? Insights from regulatory studies are used to interpret and explain regulatory objectives, standard-setting processes and, to the extent allowed by the data obtained in this study, compliance monitoring and enforcement. This study therefore provides a new field of practice – animal protection – for the application of established principles of regulatory analysis. This study makes a significant contribution to the discipline of animal law, still a comparatively new area of legal concern, by extending the predominantly doctrinal underpinnings of this field.