Animal Welfare Act 2002

If the malicious or negligent performance by a scientific inspector of a function under this Act causes an injury to, or the death of, an animal, the owner of the animal is entitled to compensation.

A claim for compensation is to be made to the Minister in the prescribed form and manner within one year of the injury or death.

The Minister must —

if satisfied on reasonable grounds that the owner is entitled under subsection (1) to compensation, accept the claim; or

otherwise, reject the claim.

If the Minister accepts a claim the amount of compensation payable to the claimant is —

the market value of the animal immediately before the injury or death as determined by the Minister; or

such lesser amount as the Minister determines to be reasonable in the circumstances (including the extent, if any, to which the owner or another person contributed to the injury or death).

Compensation payable under this section is to be paid out of the Consolidated Account and that Account is appropriated accordingly by this section.

If a person is entitled to compensation under this section no amount is payable (other than under this section) to any person as compensation for the value of the animal.

In this section —

significantly contributed to the injury to, or the death of, the animal; or

in the case of an animal that was destroyed — significantly contributed to, or significantly exacerbated, the condition of the animal which necessitated its destruction.