Criteria for assessment of animal ethics committee membership

Animal Research Review Panel Policy 9
Revised: 24 February 2022
INT14/115467

1. Introduction

A properly constituted and effectively functioning Animal Ethics Committee (AEC) is an essential component in the process by which Accredited Animal Research Establishments and Licensed Animal Suppliers implement the principles that underlie both the NSW Animal Research Act 1985 and the Australian Code for the Care and Use of Animals for Scientific Purposes.

The requirements for AEC membership are set out in Clauses 2.2.1 to 2.2.8 of the Code.

In considering applications for Accreditation and Animal Supply Licences, when new AEC members are to be appointed by establishments, and during inspections, the Animal Research Review Panel assesses the membership of AECs to ensure that they are of adequate composition and size.

The Panel evaluates membership of AECs to ensure that:

The qualifications of members are suitable for their categories of membership.
The committee has the expertise and diversity to enable it properly to assess research proposals and to make informed decisions.
Animal welfare and community perspectives are adequately represented.
There is a separate member for each of the categories A to D and that members are not appointed to more than one category.
The balance of membership is satisfactory. The balance of membership that is required is that contained in Clause 2.2.8 of the Code: “Categories C and D must together represent at least one-third of the AEC membership.”

The Panel provides recommendations on its assessment of AEC membership to NSW Department of Primary Industries.

In making these assessments, the Panel recognises that ensuring AECs have the required membership is only one factor in creating effective AECs. Factors such as the abilities of the Chair, the interaction and physical location of AEC members, and the establishment’s support for the AEC, also have significant influence on an AEC’s ability to fulfil its roles under the animal research legislation.

During site inspections by the Panel, the operation of AECs is assessed by means including examining documents such as minutes of AEC meetings and approved research applications, and observing AEC meetings.

2. Membership Categories

2.1 Chair

Clauses 2.2.2 and 2.2.3 of the Code state:

“Institutions must appoint a chairperson of the AEC. Institutions should consider appointing a chairperson who holds a senior position in the institution. If the chairperson is an external appointee, institutions must provide the chairperson with the necessary support and authority to carry out the role. The chairperson may be appointed in addition to Category A to D members.

Institutions should consider appointing a chairperson who is independent of the care and use of animals for scientific purposes.”

People appointed as Chair should have the abilities and experience to meet the responsibilities as outlined in the Code. Clause 2.2.13 states: “The chairperson is responsible for impartially guiding the operation of the AEC, resolving conflicts of interest related to the business of the AEC, and representing the AEC in any negotiations with the institution’s management.”

2.2 Category A (veterinarian)

Clause 2.2.4 (i) of the Code states:

“Category A—a person with qualifications in veterinary science that are recognised for registration as a veterinary surgeon in Australia, and with experience relevant to the institution’s activities or the ability to acquire relevant knowledge.”

The requirements of the Code are self-explanatory. Usually a curriculum vitae is required to be submitted to the Panel, demonstrating the relevant qualifications and experience.

2.3 Category B (researcher / teacher)

Clause 2.2.4 (ii) of the Code states:

“Category B—a suitably qualified person with substantial and recent experience in the use of animals for scientific purposes relevant to the institution and the business of the AEC. This must include possession of a higher degree in research or equivalent experience. If the business of the AEC relates to the use of animals for teaching only, a teacher with substantial and recent experience may be appointed.”

The Code does not define what constitutes “substantial and recent” experience, and a judgement on this is required to be made. Usually a curriculum vitae is required to be submitted to the Panel, demonstrating the relevant qualifications and experience. As a guide, experience in animal research or teaching that was more than 5 years in the past would not be considered recent.

The Code does not define "equivalent experience". As a guide, experience and knowledge of scientific and statistical methodology is required and could be demonstrated by authorship of published peer reviewed papers.

2.4 Category C (animal welfare)

Clause 2.2.4 (iii) of the Code states:

“Category C—a person with demonstrable commitment to, and established experience in, furthering the welfare of animals, who is not employed by or otherwise associated with the institution, and who is not currently involved in the care and use of animals for scientific purposes. Veterinarians with specific animal welfare interest and experience may meet the requirements of this category. While not representing an animal welfare organisation, the person should, where possible, be selected on the basis of active membership of, and endorsement by, such an organisation.”

In addressing the suitability of Category C members the following features are preferred:

Nomination by an animal welfare organisation.
Active involvement in promoting animal welfare.
Active member of an animal welfare organisation.
No previous involvement in the care, supply and use of animals for research or teaching (nominees with any such involvement would be considered only in exceptional circumstances and the establishment would need to make a case for appointing such a person).

Usually a curriculum vitae is required to be submitted to the Panel, demonstrating the relevant qualifications and experience.

The Code does not define what constitutes “otherwise associated with” the establishment, and a judgement on this may be required to be made. As a guide, any possible association, such as previous employment by the establishment, or a relative employed by the establishment, would be considered to preclude a person from Category C membership for that establishment.

The following are suggested for establishments seeking Category C members:

Approach animal welfare organisations. The following are examples of organisations that may be able to assist: RSPCA, Animal Welfare League, WIRES, Animals Australia, Cat Protection Society, Humane Research Australia, Humane Society International, Animal Liberation.
Approach the Animal Welfare Chapter of the Australian and New Zealand College of Veterinary Scientists.
Approach the Welfare Special Interest Group of the Australian Veterinary Association.
Contact the Animal Welfare Unit of NSW Department of Primary Industries which maintains a list of people interested in being members of AECs.

2.5 Category D (independent)

Clause 2.2.4 (iv) of the Code states:

“Category D—a person not employed by or otherwise associated with the institution and who has never been involved in the use of animals in scientific or teaching activities, either in their employment or beyond their undergraduate education. Category D members should be viewed by the wider community as bringing a completely independent view to the AEC, and must not fit the requirements of any other category.”

As well as being independent of animal research and teaching, Category D members should bring an 'independence of thinking' to the AEC. The members of this category should therefore be people who do not have a background of biological scientific training and who can thus contribute a different perspective to the deliberations of the AEC.

Usually a curriculum vitae is required to be submitted to the Panel, demonstrating the relevant independence.

The following are suggested for establishments seeking Category D members:

Approach local community organisations.
Contact the Animal Welfare Unit of NSW Department of Primary Industries which maintains a list of people interested in being members of AECs.

2.6 Other members

Additional members may be included on the AEC outside the above categories. The appointment of people such as the animal house manager, farm manager or other animal care staff who are responsible for the daily care of animals is strongly encouraged.

If there is any doubt as to the ability of an individual that the establishment wishes to appoint to its AEC to meet the criteria applying to any of the categories A to D, then she/he should be appointed outside these categories. It should be noted that the balance of membership of the AEC as required by Clause 2.2.8 of the Code must be maintained– “Categories C and D must together represent at least one-third of the AEC membership.”

3. Multiple members in categories of membership

A quorum for AEC meetings must include at least one member from Category A, B, C and D (Clause 2.2.25 of the Code). In order to ensure that a quorum can be maintained, many establishments appoint more than one member in each category of membership. If such a step is taken, members appointed should be full members of the AEC and attend on a regular basis. It is not sufficient to appoint "alternate" members who attend meetings when other AEC members in their category are unavailable. This is for reasons including that the alternate members, attending only irregularly, would have insufficient knowledge of the ongoing issues being considered by the AEC.

4. Observers

Although observers do not have voting rights, their presence at AEC meetings has the potential to influence the interactions of members of the AEC and thus the outcomes of AEC deliberations. Problems may arise, for example, when the observers hold influential positions within the institution or when there is a large number of observers.

Observers should only be invited to attend a meeting if the AEC considers that their advice or expertise will reasonably be required by the AEC in order to carry out its functions. In most cases observers should only attend AEC meetings on this 'needs' basis rather than on a regular basis. Examples of exceptions to this principle would be:

Animal care staff who, if not members of the AEC, may be required to be present at AEC meetings on a regular basis to provide information to the AEC on animal care and management.
People providing administrative and secretarial support to the AEC.