LIVESTOCK VESSEL TRAGEDY - TWO AUSTRALIANS LOST IN THE GULF LIVESTOCK 1

THE VESSEL GULF LIVESTOCK 1 WAS tragically lost at sea on 3 September off the coast of Japan. The vessel departed Portland, Victoria on 24 June bound for China via New Zealand with a crew of 43 and a cargo of 5867 cattle. The ship reportedly developed engine problems and sank in rough seas caused by Typhoon Maysak with sadly, it seems, few survivors. The crew included two Australians, veterinarian Lukas Orda and stock handler William Mainprize. Both were playing important roles.

LIVE EXPORT CONTROVERSY

The Australian live cattle export market has had its share of controversies. There has been a long line of media exposes including in 2011, the ABC documentary, A Bloody Business, which showed the treatment of animals in Indonesian slaughterhouses. The Australian government has sought to introduce measures to aid in the wellbeing of animals exported overseas. These include requirements under the Export Control Act 1982 and the Australia Meat and LiveStock Industry Act 1997 that Australian Quarantine and Inspection Service certified veterinarians and stock handlers are present onboard live animal export vessels as part of an approved export program. Progress has been arduous, however.

A CRUCIAL REVIEW A Livestock Export Review was conducted by the government in 2003 in response to animal welfare concerns. At that time AQIS had the power to place conditions on export orders and did require vets to be onboard some shipments to the Middle East, being the predominant market at the time. This was in addition to requirements under industry quality assurance programs. However, the review found that vets were being placed in the difficult situation of being responsible to their employer, the exporter, and to perform as directed by them while on the other hand required to perform regulatory functions without being given regulatory protection.

TRANSPARENCY

The review considered it important that there be transparency in the vets’ roles and recommended a move away from the exporter engaging vets to having vets report directly to AQIS in voyages longer than 10 days and up to 10% of other AQIS randomly selected voyages. The review considered the role of these third party vets was critical to the integrity of the entire livestock export process and recommended they should be contracted by AQIS and report directly to it but with the costs of the independent vet continuing to be paid by the exporter. This recommendation, adopted in a modified form, marked an important shift in requiring vets to report directly to AQIS and adopting a risk management process for observing the preparation and treatment of animals. It also meant that vets would take on an independent role in providing accurate and reliable reports on the conditions of the animals and mortality rates throughout the voyage as well as onboard conditions such as feeding and ventilation.

STOCKMEN AND STOCK MANAGEMENT

Separately, the review stressed the importance of stockmen for stock management and animal husbandry, separate from the role of the vet. Despite the requirement for independent investigators, according to Federal MP Andrew Wilkie who unsuccessfully introduced a Member’s Bill in 2019 to stop Australian live cattle exports by 1 July 2022, the Senate Estimates committee discovered that only 36% of live animal export ships in fact have independent observers.

THE NEW EXPORT CONTROL ACT 2020

Currently the legislative framework that underpins agricultural production and the certification of exports, which has developed over the last 35 years, is comprised of more than 17 pieces of legislation. The legislative instruments which support the existing framework are due to cease to be law on 1 April 2021. As a result, the Export Control Act 2020 will start on 28 March 2021, aiming to consolidate the array of existing legislation and will be supported by Export Control Rules. Certainly the new Act will retain the regime for the accreditation of vets and will require the exporter to ensure that an accredited vet is engaged to undertake relevant activities of an approved export program and will make a strict liability offence if vets fail to keep records or provide a report in connection with the Approved Export Program. Vets and stock handlers are the voice of a cargo at risk. They are integral to manage, monitor and independently report on the live export trade for as long as it continues.

Contact: Alexis Cahalan

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