Victoria Set to Recognize Animals as Sentient Beings in Historic Draft Overhaul of Cruelty Laws
The Victorian government is poised to make history by becoming the first Australian state to formally recognize animals as sentient beings in a draft overhaul of cruelty laws. The anticipated release of the draft for public consultation next month marks a significant step toward modernizing animal care and protection legislation.
The updated protections are expected to extend to a broader range of species, encompassing octopuses, squid, cuttlefish, lobsters, crabs, and crayfish. The move comes six years after the government initiated a review of the existing Prevention of Cruelty to Animals Act.
The new legislation is set to explicitly acknowledge animals’ sentience, recognizing their capacity for feelings such as pain and pleasure. If passed, Victoria would be the first Australian state to officially recognize animal sentience in law, following in the footsteps of the Australian Capital Territory (ACT), which achieved this milestone in 2019.
Overseas jurisdictions, including Denmark, France, Greece, New Zealand, and some parts of the United States, have also recognized animal sentience in their legal frameworks.
The proposed changes may face opposition from the Victorian Farmers Federation, which seeks assurances that recognizing sentience will not grant animals human-like legal rights or emotions.
The draft legislation is expected to introduce new care requirements, including minimum standards for nutrition, physical environment, health, and behavioral interactions, applicable to pets, farm animals, and zoo animals. Owners failing to meet these requirements may face new offenses.
Additionally, the draft is likely to introduce three escalating cruelty offenses: general cruelty, aggravated cruelty, and a new indictable offense for the most serious cruelty that is intentional or reckless. Penalties for such offenses could include fines of up to $240,000 for individuals or $1.2 million for organizations, along with potential imprisonment.
The draft legislation is also set to address the treatment of octopuses and other species, potentially safeguarding them from cruel practices such as boiling alive or confinement in small restaurant tanks.
While the changes will not take immediate effect, with a two-year period after passage, they represent a significant leap forward in animal welfare and cruelty prevention. Further efforts will follow to develop new regulations, possibly extending beyond the 2026 election.