Dangerous, Menacing and Restricted Dogs
Dangerous and Menacing Dogs
The victim of a dog attack must seek medical treatment as required and contact Council as soon as possible to report the incident for investigation.
Once reported, Council will investigate the alleged attack under the guidelines of the Animal Management (Dogs and Cats) Act 2008. Council will obtain the following information:
- Interviews from the victim, witnesses and dog owner
- Photo evidence of injury to the victim from the incident
- Complete an Investigation Report
All persons involved in the investigation process may need to support the information that they provide in a legal proceeding. On completion of the investigation, Council will make a recommendation and take appropriate action. The dog may be regulated if the evidence supports this decision, which may include a declaration of the dog being Menacing or Dangerous. All persons involved will be advised of Council’s decision at this stage.
What are the dog owner’s rights?
- Surrender the dog to Council
- Ask for a review or request further information (within 14 days after proposed declaration)
- Appeal the decision within 14 days after declaration notice
The victim has the right to investigate civil action against the dog owner at any stage.
What happens once my dog is declared?
Requirements for a dog that is declared menacing under the Animal Management (Dogs and Cats) Act 2008:
- The dog must be implanted with a Prescribed Permanent Identification Device
- The dog must wear a collar with an attached identifying tag at all times
- The dog must, unless there is a reasonable excuse, be usually kept in a childproof enclosure
- A sign must be placed at or near each entrance to the premises where the dog is usually kept notifying the public
Additional requirements for a dog that is declared dangerous:
- The owner must ensure the dog is desexed within three months after declaration unless desexing is likely to be a serious risk to the dog’s health
- A regulated dog must not be in a public place unless it is muzzled; and under the effective control of a responsible person who is only controlling the declared dog
If the above requirements are not carried out within 21 days of the declaration, Council will issue a Compliance Notice followed by seizing the dog and in the worst instance, issue a destruction notice.
Under the Animal Management (Cats and Dogs) Act 2008, dogs identified as Restricted Dogs are required to have a permit in addition to registration. Restricted Dogs are those breeds prohibited from importation into Australia under the Customs Act 1901. Restricted Dogs include:
- Dogo Argentino
- Fila Brasileiro
- Japanese Tosa
- American Pit Bull Terrier
- Pit Bull Terrier
- Perro de Presa Canario
- Presa Canario
For more information in relation of any of the material above, please contact Council on (07) 4761 5300.