Australian regulations on animal use in research and teaching

Regulations and Policies

Nationally

All research conducted in Australia that is funded by the National Health and Medical Research Council (NHMRC) must comply with:

  1. The Australian Code for the Care and Use of Animals for Scientific Purposes (aka ‘the Code‘) 
  2. And if using primates -the NHMRC Principles and Guidelines on the Care and Use of Non-Human Primates for Scientific Purposes (aka ‘the Guidelines‘)

The following are supporting guidelines provided by the NHMRC:

  1. Guidelines relating to the use of animals in research and teaching
  2. Best Practice Methodology in the use of Animals for Scientific Purposes

NOTE: the ethical framework and governing principles set out in the Code provide guidance for investigators, teachers, institutions, animal ethics committees and all people involved in the care and use of animals for scientific purposes’. However, compliance with the Code is only formally required if:

  • the research is funded by the NHMRC (compliance with the Code is a prerequisite for receipt of NHMRC funding), or
  • compliance with the Code has been incorporated into the relevant aforementioned state or territory legislation (the Code may be adopted in whole, in part, or not at all)

State and Territory Legislation

State and Territory legislation specifically relating to the use of animals in research and teaching:

Cosmetics Testing

Cosmetics are regulated by the Department of Health (Minister of Health and Ageing), under the authority of the Industrial Chemicals Act 2019, which came into force on 1 July 2020. The importation and manufacture of industrial chemicals in Australia is regulated by the Australian Industrial Chemicals Introduction Scheme (AICIS). 

Regulatory Testing 

The Therapeutic Goods Administration (TGA) guidelines for prescription medicines can be found here. 
Further information about regulation of human medicines can be found here.

The Need for Reform

It is widely believed that animals used in government-funded experiments are protected from cruelty and suffering. With State and Territory Animal Welfare Acts, the NHMRC’s Code of Practice, and Animal Ethics Committees responsible for scrutinising animal use, the public is certainly given the impression that strong safeguards are in place.

Sadly, however, these mechanisms fail to prevent cruelty and suffering from occurring. This is because medical and scientific researchers, and the facilities they work in, are self-regulated. There is no independent assessment, little transparency, and next-to-no accountability within the industry.

In fact, the federal government gives hundreds of millions of dollars each year to animal research, yet does not take responsibility for ensuring its own code of practice is adhered to.  

Top 3 Asks for National Reform 

  1. Urgent review of the Code, which hasn’t been updated since 2013 – we are happy to update that this is currently underway – details here
  2. A nationally consistent approach for reporting animal use in research across all states and territories 
  3. Ongoing federal funding for the development and validation of non-animal methods of research (‘NAMs’)

State and territory legislation could be improved by:

  1. Increasing resourcing of and powers of external oversight 
  2. Prohibiting or restricting procedures such as the forced swim test, nose-only inhalation research and lethal dose testing
  3. Mandating the replacement of animals where alternative methods exist
  4. Ensuring that compliance with the Code is mandatory and there are penalties for non-compliance
  5. Mandating the right to release for dogs and cats (State and Territory guidelines on this can be found here) 

Independent oversight is essential to improving protections for all animals – including those used in research and teaching. As such, AFSA also calls for:

We proudly endorse the Australian Alliance for Animals’ Fair Go for Animals campaign, supporting its six-point reform framework to establish fair and independent animal welfare governance. 

Want to hear more?

Watch a recorded talk on the need for reform of the Code, or listen to a podcast episode on legal reform for animals used in research by an animal law expert.

If you would like copies of our briefings on legal reform to strengthen protections for animals used in research, please contact us. 

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