The definition of physical, health and behavioural needs is central to the function of the Animal Welfare Act. For example, an owner or person in charge of an animal must meet their physical, health, and behavioural needs. The current definition of physical, health and behavioural needs is based on the Five Freedoms. Scientific understanding of animals has progressed markedly since the Act was drafted and animal welfare should be understood in terms of both negative and positive mental states.

SPCA advocates that the Five Domains model should inform legislation and standards to support minimising negative welfare and promoting positive welfare.

SPCA advocates for animal welfare standards to be clear and enforceable.

Standards such as codes of welfare are issued by the Minister responsible for animal welfare under the Animal Welfare Act 1999. The purpose of codes of welfare is to provide guidance to owners and persons in charge of animals about the standards they must achieve to meet their obligations under the Animal Welfare Act 1999. Codes of welfare are not directly enforceable, but whether or not someone has met minimum standards can be used as evidence in a prosecution under the Animal Welfare Act 1999.

SPCA is an approved organisation under the Animal Welfare Act 1999, with responsibility for enforcing the provisions of the Act and regulations in partnership with MPI. Both agencies employ fully warranted animal welfare inspectors appointed by the Director-General of MPI under the Act.

SPCA does not set animal welfare standards such as codes of welfare and guidelines.

Where appropriate, SPCA supports directly enforceable regulations as an effective and efficient tool for animal welfare compliance.

SPCA advocates that codes of welfare must remain up-to-date and based on the latest scientific evidence.

Codes of welfare are issued by the Minister responsible for animal welfare under the Animal Welfare Act 1999 to provide minimum standards, recommendations for best practice, and guidance for people in charge of animals.

SPCA is concerned that many codes of welfare are out of date with current science and best practice, even though they are promoted as being flexible enough to be modified and improved as community expectations, good practice, scientific knowledge and technical advances allow. Successful legal challenges against the codes have shown that they need urgent review.

SPCA advocates that minimum standards in codes of welfare should take into account the sentience of animals.

SPCA supports the consideration of animal sentience whenever standards are developed under the Act. This means that standards should be set to protect animals for their own sake rather than to promote human interests such as export earnings or trading reputation.

Standards should aim to minimise the experience of avoidable negative emotions in animals (such as fear, anxiety, helplessness and loneliness) and require opportunities for normal behaviour and positive experiences (such as play, exploration, comfort and appropriate social interaction).

SPCA advocates for strengthened approaches to addressing animal welfare offending such as inter agency cooperation, increased penalties for animal welfare offending, and research into reoffending prevention.

Reoffending rates are high for some animal welfare offences and there is a need for proven effective methods for preventing reoffending.

People convicted of animal welfare offences may be issued with a fine, community service, disqualification from owning animals, or in rare cases, prison sentence. The reasons behind animal welfare offending are complex and require tailored responses that address the root causes. SPCA supports inter-agency cooperation to achieve a positive and lasting solution for the animals and people involved.

SPCA advocates for the establishment of animal welfare courts and specialised training of court staff, judges, and legal professionals.