Overview of codes of practice

Codes of practice for the welfare of animals contain guidelines and information about the considerate and humane treatment of animals.

These codes of practice are compulsory or voluntary.

You need to understand your obligations under the codes—ignorance is no excuse for inappropriate treatment of animals.

The animal welfare codes are generally about keeping a particular type of animal or about particular situations involving animals. They outline minimum acceptable animal welfare outcomes.

This guide explains the animal welfare codes of practice, and includes links to codes for specific animals and situations.

Animal welfare codes of practice in Queensland

The Animal Care and Protection Act 2001 (the Act) makes codes of practice.

These codes of practice set the minimum standards for animal owners in meeting their duty of care for particular animals. Codes are based on good practice and scientific knowledge.

Codes of practice are usually specific to:

a type of animal (e.g. sheep, cattle, pigs)
activity (e.g. rodeos, dog breeding)
situation (e.g. saleyards and depots, transport of livestock).

They include information about:

feed and water
housing
health
management practices
breeding
humane killing.

A code of practice may be compulsory or voluntary.

Compulsory codes

Compulsory codes of practice are rules that people must follow.

People may face a penalty if they breach a provision of a mandatory code of practice.

Compulsory codes are contained in schedules 1 to 8 of the Animal Care and Protection Regulation 2023 (the Regulation).

Voluntary codes

Voluntary codes of practice provide guidelines that people may follow. Otherwise, they must demonstrate how they have met the requirements of the Act (for example, how they have met their duty of care).

There is no specific penalty for not following a provision of a voluntary code of practice. However, a code of practice is admissible as evidence in a proceeding for an animal welfare offence.

Voluntary codes are listed in Schedule 4 of the of the Regulation.

Developing codes of practice

All codes of practice are developed through extensive consultation with stakeholders. This makes sure they are based on good practice and contemporary scientific knowledge.

Many of these codes of practice are based on nationally-endorsed:

The model codes of practice are being replaced by the Australian animal welfare standards and guidelines. These standards and guidelines aim to streamline Australian livestock welfare legislation so it improves welfare outcomes and is practical for industry.

Compulsory codes of practice for animal welfare

Compulsory codes of practice are rules that people must follow.

The maximum penalty for not complying with a provision of a compulsory code of practice is $50,070.00.

Compulsory codes of practice are contained in the Animal Care and Protection Regulation 2023 (the Regulation).

The compulsory codes in Queensland are:

domestic fowl code of practice—Schedule 1 of the Regulation
pigs code of practice—Schedule 2 of the Regulation
sheep code of practice—Schedule 3 of the Regulation
cattle code of practice—Schedule 4 of the Regulation
livestock transport code of practice—Schedule 5 of the Regulation
livestock at depots and saleyards code of practice—Schedule 6 of the Regulation
dog breeding code of practice—Schedule 7 of the Regulation
rodeos code of practice—Schedule 8 of the Regulation
horses at livestock slaughter facilities code of practice—Schedule 8A of the Regulation.

The Australian code for the care and use of animals for scientific purposes (scientific use code) is also compulsory. It is adopted as a compulsory code under section 91 of the Animal Care and Protection Act 2001. A penalty of up to $50,070.00 or 1 year imprisonment applies.

Failing to follow compulsory codes

A person who does not comply with a requirement of a compulsory code of practice commits an offence.

The maximum penalty for an individual is $50,070.00.

A person who breaches the scientific use code may be sentenced up to 1 year in prison.

For less serious breaches, a person may receive a:

warning letter
direction from inspectors to comply with a requirement of a code of practice.

If a person does not follow the direction, they can be prosecuted.

Voluntary codes of practice for animal welfare

Voluntary codes of practice are rules that people may follow—they are not compulsory under the Animal Care and Protection Act 2001 (the Act).

They contain guidelines and information on the minimum acceptable animal welfare outcomes for a particular type of animal or animal use.

Voluntary codes of practice are contained in schedule 9 of the Animal Care and Protection Regulation 2023.

Failing to follow voluntary codes

Although compliance with voluntary animal welfare codes is not compulsory under the Act, people in charge of animals should use them as a reference to help them meet their duty of care obligation under the Act.

Where no mandatory code exists, animal welfare inspectors refer to voluntary animal welfare codes when assessing whether people are meeting their duty of care.

Non-compliance with a voluntary code is not an offence under the Act. However, non-compliance is admissible in evidence in a court case for an offence, such as breach of duty of care.

Compliance with a voluntary animal welfare code requirement does not automatically protect someone against prosecution for an offence under the Act. For example, an operator may meet the guidelines relating to a husbandry procedure but still breach their duty of care if the person was not competent to perform the procedure.

Animal welfare codes with no status under the Act

Animal welfare and other industry codes that are neither 'compulsory' nor 'voluntary' under the Queensland Animal Care and Protection Act 2001 have no legal status under the Act in Queensland.

This doesn't mean they do not contain good information about animal welfare, especially if they already have legal status under animal welfare legislation in another Australian state or territory, or in New Zealand. Such codes may be assessed for their suitability for use in Queensland.

In addition to interstate codes, animal welfare codes may be produced by particular animal user groups, commercial organisations or by individuals. If there is no recognised legal code for your animal use situation, you may decide to follow one of these codes to help you meet your duty of care.

If you do this, it is your responsibility to ensure that the information in the code is prepared by a credible and reliable source, up to date, and relevant to Queensland conditions and your particular situation.

List of animal welfare codes of practice

List of mandatory animal welfare codes in Queensland

List of voluntary animal welfare codes in Queensland

List of national standards and guidelines

Other situations – codes of practice

Commercial livestock production

Other

How to access the codes of practice

You can view, download and print codes of practice at the CSIRO Publishing – Primary Industries Report Series website at no cost. (They are listed under 'M' for model codes of practice.) You can also purchase hard copy codes from that website.