When examining and treating an animal, you have temporary custody of the animal and so have a duty of care. The duty of care includes:

• appropriately handling the animal
• providing appropriate conditions
• when the animal is held, providing appropriate housing.

In deciding what is appropriate care, you must consider the animal's species, environment and circumstances, and the steps that you as a veterinarian would reasonably be expected to take under the circumstances.

If an animal in your custody is in pain, you should use analgesics appropriately. Any manipulations done without analgesia should be kept to a minimum (e.g. to assist in diagnosis).

A veterinarian's duty of care to an animal extends to members of staff associated with the practice.

Treatment decisions

Because the animal's owner, or owner's representative, retains a duty of care, they are responsible for deciding what, if any, treatment you offer will be given. In some cases, animal owners have been prosecuted for not following veterinary advice.

However, because you share this duty of care, you are responsible for giving the owner information about the animal welfare consequences of such decisions. If an animal suffers because of a decision (or lack of decision) by an owner who has been informed of the possible consequences, the owner is responsible.

Inability to pay for treatment

If the owner prefers a particular treatment but cannot pay for that treatment, you may wish to negotiate further options. As a vet, you have professional ethical considerations; however, under the Animal Care and Protection Act 2001, the owner is responsible for the animal. Their inability to pay does not pass that responsibility to you.

When an animal's owner is not known

If a person finds an injured animal and brings it to your practice, and the owner is not known, you assume a duty of care obligation if you accept the care of the animal.

If the animal's owner is then located, you will share the duty of care with the owner.

Read more about euthanasing animals where the animal's owner is not known.

Also consider...

• Read the Animal Care and Protection Act 2001.
• Renew your registration for the Veterinary Surgeons Board of Queensland.

In Queensland, it is an offence under the Animal Care and Protection Act 2001 to dock a dog's tail.

The offence applies to all tail-docking methods, including:

• surgical docking
• banding
• any other method.

The only exception is if the tail docking is performed by a veterinary surgeon, registered to practice in Queensland, who reasonably believes that the procedure is in the interests of the dog's welfare.

Any non-veterinarian who docks a dog's tail, or any veterinarian who docks for a reason other than the dog's welfare, is liable for prosecution.

A maximum penalty of $16,690.00 applies for individuals and up to 5 times more for corporations.

Dog tail docking is banned in all other Australian states and territories.

Dog age and type

The ban applies to all puppies and adult dogs—there is no age limit.

Working dogs don't need routine tail docking to prevent injuries. Many working breeds have long tails, such as:

• cattle dogs
• German shepherds
• collies
• kelpies.

Dog breeds

The tails of some dog breeds (such as boxers, airedales, rottweilers and fox terriers) have been traditionally docked for many years.

These dogs don't look strange with a tail. They are still the same dogs but have a full tail to wag like Labradors, collies and beagles.

Reasons for the ban

The ban is based on:

• scientific evidence about the negative effects of tail docking
• changing community expectations about unnecessary surgical procedures on animals
• agreement of all Australian states and territories to ban tail docking.

One of the Act's objectives is to protect animals from unjustifiable, unnecessary or unreasonable pain, distress or suffering—in other words, cruelty. Evidence shows that tail docking may cause acute and chronic pain.

The only situation where tail docking may be considered appropriate is if the tail docking is done in the interests of the dog's welfare.

Interests of the dog's welfare

Tail docking is generally considered to be in the interests of a dog's welfare if it is performed by a veterinarian in response to:

• damage
• disease
• abnormality that will cause ongoing pain, behavioural problems or risk the dog's health.

It is generally inappropriate to dock a healthy tail on the basis of a possible future event or for cosmetic reasons. Only therapeutic tail docking is justifiable.

Reports of the docking of a healthy tail will be investigated and appropriate action taken.

It is not in the interests of a dog's welfare to dock a dog's tail for 'routine' or 'cosmetic' purposes, as was traditional practice with many dog breeds.

Report illegal tail docking

Phone Biosecurity Queensland on 13 25 23 or the RSPCA on 1300 264 625 to report illegal tail docking.

The Animal Care and Protection Act 2001 regulates certain procedures that can be performed on animals.

These procedures can only be performed:

• by a veterinary surgeon
• and
• in the interest of the animal's welfare.

An owner's threat to have the animal euthanased if you don't perform the procedure is not a valid reason to perform it.

Regulated procedures include:

• cropping dog ears
• docking dog tails
• docking cattle or horse tails
• debarking dogs
• removing cat claws.

Debarking

Before debarking a dog, you must:

• be sure it is in the interests of the dog's welfare
• receive a relevant nuisance abatement notice or an appropriate notice from the owner—you must reasonably consider that the operation is the only way to comply with the notice without destroying the dog.

You should not debark:

• dogs routinely
• young dogs.

Issuing a veterinary certificate

You may be asked to issue a signed veterinary surgeon's certificate when you perform a regulated procedure on an animal. This certificate must stay with the animal if it goes to another person.

The certificate must state that the regulated procedure "was completed in the interests of the animal's welfare".

For debarking procedures, the certificate must also state "the procedure was performed in accordance with section 25(2) of the Animal Care and Protection Act 2001".

As a veterinarian, you can support an investigation into alleged animal welfare offences under the Animal Care and Protection Act 2001 (the Act).

In an investigation, you may provide:

• factual evidence
• an expert opinion.

You will not be involved in decisions about enforcement actions or prosecutions.

Lawful requirements

Under section 165 of the Act, an inspector has the power to require information from you if:

• the inspector suspects someone has contravened the Act and the inspector believes you may have information about this
• or
• the inspector has issued an animal welfare direction to a person in charge of an animal and the inspector believes you may have information about whether the direction has been followed.

How you may support an investigation

You can help through any of the following actions:

• Report a possible breach of the Act witnessed in your work.
• Provide advice to an animal owner who has been issued an animal welfare direction by an inspector to seek veterinary care.
• Assist an inspector with an investigation, for example by:
  • attending a property
  • performing live or post-mortem examinations
  • giving expert advice
  • providing veterinary treatment.
• Review and give an expert opinion on evidence obtained during an investigation (such as photographs and pathology results).
• Provide a statement of veterinary opinion or veterinary report to support an investigation under the Act or a prosecution brief of evidence.
• Provide evidence in court on behalf of the prosecution in an animal welfare matter.

Statement of veterinary opinion or veterinary report

Your statement or report should be as complete as possible and present a fair assessment of any issues you found. Include:

• details about yourself, the animal and the situation
• any other information you consider relevant, such as publications or reference material.

Remember to sign and date the statement or report.

Your details

• Full name, address and phone number
• Qualifications, including where and when they were achieved
• Current employment details
• Number of years experience (including experience with the particular species)

Animal details

• Who presented the animal and why
• Date or dates the animal was examined (either specific examination dates or the period the animal was under veterinary care, for example 'between dd/mm/yy and dd/mm/yy')
• Full description of the animal, including:
  • age (estimated from dentition if not known)
  • breed
  • sex
  • microchip number (if available)
  • distinguishing markings
  • any identification number allocated by the inspector

Observations and assessments

• Tests performed, treatments provided and responses or results
• Diagnosis of any illness or injury
• Estimated duration of illness and prognosis
• Your opinion on the cause of the animal's injury or illness
• The basis for your diagnosis and/or opinion (for example the animal's demeanour, its response to manipulation and handling)
• Whether you believe the animal has experienced any pain (indicated by distress and mental or physical suffering) from the injury or illness
• Any underlying conditions that have no reasonable cure (such as cancer, old age or blindness)
• What veterinary care was or is required

Expertise and conflicts of interest

Inform the inspector as soon as possible if you feel:

• the matter is outside your area of expertise
• being involved in the investigation will create a real, potential or perceived conflict of interest.

Confidentiality

All information and evidence gathered by an inspector as part of an investigation under the Act is confidential. You must not disclose information about an investigation to unauthorised persons.

Your wellbeing

Animal welfare investigations can be confronting and emotionally challenging.

If you need support, contact the inspector or the Veterinary Surgeons Board of Queensland.

Also consider...

• Read the Animal Care and Protection Act 2001.
• Learn more about animal welfare law for veterinarians.
• Find out more about the Veterinary Surgeons Board of Queensland.

Animals unfit for an intended journey must only be transported under veterinary advice.

As a veterinarian, you may be asked by livestock owners or consignors to make informed recommendations about whether an animal is fit for transport. You should not give authorisation for unfit livestock to be transported without providing strategies on how the animal can be transported to minimise the risk of adverse welfare outcomes.

Completing your assessment

The Australian animal welfare standards and guidelines: Land transport of livestock (the standards) include requirements that must be met for livestock welfare purposes during transport.

When professionally assessing an animal considered unfit for transport, you should:

• complete the assessment in person so you can clearly review the problem, for example, a penetrating ingrown horn. Do not rely on photographs
• provide specific advice about if and how an animal should be transported, including any special conditions the client should address to safely transport the animal
• consider the journey time, weather conditions, vehicle suitability and other possible risks that could worsen the animal's condition.

If an animal is at risk, you should advise the client on strategies that allow transport but reduce pain and discomfort to the animal being moved.

Each situation is different, but strategies may include:

• treating a disease or injury before transport
• isolating the unfit animal from other animals by transporting in a separate stall, crate or different vehicle
• providing pain relief
• undertaking husbandry procedures where appropriate (e.g. tipping overgrown horns)
• providing the animal with more frequent breaks during the journey.

You should document your observations in the medical records to support your recommendations and include photographs where possible. You should also ensure you can identify the animal(s) of interest in case of further enquiries about the consignment.

Animals considered unfit for an intended journey

Fitness for an intended journey is outlined in theAnimal Care and Protection Act 2001 and Regulations and generally refers to livestock species. Refer to Schedule 5 Code of practice for transport of livestock under the Animal Care and Protection Regulation 2023.

An animal is unfit for an intended journey if it's experiencing any of the following:

• unable to walk on its own by bearing weight on all legs
• severely emaciated or visibly dehydrated
• showing visible signs of severe injury or distress
• suffering from conditions that are likely to cause increased pain or distress during transport
• blind in both eyes
• known to be, or visually assessed to be near (within 2 weeks) parturition, as specified in each species requirements in Schedule 5 of the Regulation, unless time off water and journey is less than 4 hours duration to another property.

Your legal obligation

Under the Veterinary Surgeons Act 1936, signing or giving a professional certificate, notice or report that is incomplete, false or misleading in a material respect may be determined to be professional misconduct.

Telemedicine (the use of electronic communications to provide clinical services to patients where you do not directly interact with the animal) must only be conducted if you are a registered veterinarian practising from a premises that has been approved by the Veterinary Surgeons Board of Queensland. A bona fide veterinarian-client-patient relationship must also be established.

Also consider...

• Phone Biosecurity Queensland on 13 25 23 if you have specific concerns for the welfare of livestock.

Some parts of the Animal Care and Protection Act 2001 outline specific requirements for veterinarians. These are summarised below. For full details, refer to the Act.

Prohibitions on poisons

Only a person who is authorised under the Medicines and Poisons Act 2019 can administer a harmful or poisonous substance with the intention of injuring or killing an animal, provided it is killed humanely.

Exemptions are provided for feral and pest animal control. These exemptions do not apply to the use of CSSP pig poison.

Requirement for veterinary treatment

An inspector appointed under the Animal Care and Protection Act 2001 can require a person to seek veterinary treatment for an animal through an animal welfare direction. The direction may require the person to obtain and produce a certificate or other document from the veterinarian as evidence that they have complied with the direction. The person is responsible for paying any fees to the veterinarian.

Power to require information

An inspector can require information (including documents) from a veterinarian about the treatment of an animal if an inspector reasonably suspects that the Animal Care and Protection Act 2001 has been contravened or an animal welfare direction has been given (giving this information to an inspector does not breach privacy legislation).

Euthanasing animals

Defence for the offence of killing of an animal is available where the veterinary surgeon:

• believed it would be cruel to keep the animal alive because it was:
  • so diseased or severely injured
  • in such a poor physical or psychological condition
• took reasonable steps to identify and contact the person in charge of the animal before euthanasing the animal—reasonable steps include:
  • scanning the animal for a microchip
  • searching any relevant registers
  • searching for any other form of identification (e.g. collars or tags).

A veterinary surgeon cannot be held liable civilly, criminally or under an administrative process for euthanasing the animal in this case.

See sections 41B and 215AA of the Act for more information.

Animal ethics committees must have a veterinarian

People who use animals for scientific purposes must have approval from an animal ethics committee (AEC). The AEC must have a member who is a veterinarian. The veterinarian's main role is to provide expert advice on the impact of the work on the animal and ways to minimise and monitor this impact.

Registered users of animals for scientific purposes working under an AEC approval may conduct procedures that would normally be restricted to veterinarians, provided they are competent in the procedure and perform the procedure competently.

Veterinarians, non-veterinary researchers and the practice of veterinary science

A recent amendment of the Veterinary Surgeons Act 1936 has excluded the use of an animal for scientific purposes in accordance with section 91 of the Animal Care and Protection Act 2001 from the meaning of veterinary science.

In Queensland, non-veterinary researchers can lawfully administer anaesthetics and analgesics and perform surgical procedures on animals provided they meet the relevant requirements of the Animal Care and Protection Act 2001 and the scientific use code.

Veterinarians, who are required to train or assess the competence of non-veterinary researchers in the administration of anaesthetics and analgesia and performing surgical procedures on animals as part of their approved research, can do so without committing an offence under section 25M of Veterinary Surgeons Act 1936.