Dangerous dog declarations

A local government (a shire or a council) and rangers employed by the local government can make dangerous dog declarations. These declarations can have significant impacts on both the dog and the owner. If a person believes that the dangerous dog declaration has been wrongly made, there is the ability to seek review of the declaration in the State Administrative Tribunal. Time limits apply and you have to act fast. If you want to challenge a dangerous dog declaration, please get in contact with us for an obligation free call about the situation.

The power to make dangerous dog declarations is conferred by s 33E of the Dog Act 1976. A dangerous dog declaration can be made if the local government or a person employed by the local government (usually a ranger) form the opinion that:

1. the dog has caused injury or damage by an attack on, or chasing, a person, animal or vehicle; or

2. the dog has repeatedly shown a tendency to attack, or chase, a person, animal or vehicle even though no injury has been caused by that behaviour; or

3. the dog has repeatedly shown a tendency to threaten to attack.

By s 33F of the Act, the owner of the dog must be given a notice by the local government or its employee which declares the dog to be a dangerous dog. The dangerous dog declaration comes into effect 7 days after the owner receives the notice. The notice must also set out the owner’s right to object to the dangerous dog declaration and/or seek review of the dangerous dog declaration in the State Administrative Tribunal. The owner must object or seek review of the dangerous dog declaration within 7 days of receiving the notice.

The consequences of a dangerous dog declaration are significant. There are onerous conditions placed on owners of dangerous dogs which include, but are not limited to:

1. the requirement to keep the dog in an enclosure when not directly under the control of an adult; and

2. the requirement to display appropriate signage and obtain appropriate collars for the dangerous dog; and

3. the requirement to muzzle and leash the dangerous dog whenever it is not in its enclosure.

Moreover, any breach of the requirements of keeping a dangerous dog can result in the owner being charged with a criminal offence. Rangers or other authorised employees of the local government can also enter a dangerous dog owner’s premises without a warrant to police compliance with the requirements of keeping a dangerous dog.

If a ranger, police officer or other authorised person believes on reasonable grounds that a dangerous dog has attacked a person or animal, that person can enter onto the owner’s property and seize the dog. At this point the dangerous dog may be liable to destruction.

If you have had your dog(s) declared to be dangerous and would like to challenge it, please get in contact with us as soon as possible for an obligation free phone call.