Declaration of a Dangerous Dog:

A dangerous dog is a dog that has:

• Has without provocation attacked or killed a person or animal (excluding vermin); or
• Has without provocation threatened to attack or has repeatedly chased a person or animal (excluding vermin); or
• Is being used for hunting.

An authorised office of the Local Council may declare a dog dangerous if it believes the dog is dangerous or if it has been declared dangerous in another State. Additionally, the Local Court can make a declaration that the dog is dangerous during some Court proceedings.

Prior to declaring a dog to be dangerous by the Local Council, its owner will receive notice of the intention to make this declaration and of the requirements that they will need to comply with in the interim. These requirements include:

• Ensuring the dog is leashed and muzzled in public; and
• Registering the dog.

The notice will also inform the dog owner of their right to object to their dog being declared dangerous, within a period of 7 days.

Any objections submitted by the owner will be considered by the authorised officer prior to proceeding to issue the declaration. The authorised officer will serve notice of their decision on the owner.

If the dog is declared dangerous, the declaration notice will set out:

1. The requirements with which the owner will need to comply including ensuring that:
   1. The dog is desexed;
   2. The dog is always under the control of a person over 18 years;
   3. A warning sign is displayed on the boundary of the property where the dog is kept;
   4. The dog is always leashed and muzzled when outside of its’ enclosure;
   5. The Council is notified of where the dog is ordinarily kept;
   6. The dog is registered;
   7. Enclosure requirements prescribed by the legislation are satisfied;
   8. The dog wears the specified dog collar.
   9. Confirmation that the owner has the right to appeal the declaration to the Local Court within a period of 28 days.
   10. A warning that if the dog attacks or bites another animal (excluding vermin) or person, without provocation, the dog may be seized and destroyed.

If the owner does not comply with their obligations, they are guilty of an offence and may be issued with a penalty notice. If there are two or more instances of non-compliance over a period of 12 months the dog may be seized and destroyed.

After 12 months, the owner can apply to the Local Council to have the declaration revoked. Revocation will only occur if the Council is satisfied it is appropriate or if the dog has undergone suitable training. A refusal to revoke the declaration can be appealed to the Local Court within a period of 28 days. 

If your dog has been declared a dangerous dog and you wish to appeal this declaration, or if you have a dispute pertaining to compliance with your obligations as an owner of a dangerous dog, we recommend that you seek legal advice.

You may wish to contact our firm and arrange an appointment to see one of our Animal Law & Pet Law Solicitors. To do so, please call (02) 9233 4048 or send an email to info@navado.com.au. 

This webpage (and any material or wording appearing on this webpage) is provided for general information purposes only and does not constitute any Legal Advice. It does not take into account your objectives, your instructions or all of the relevant facts and/or circumstances. Navado accepts no responsibility to any person who relies on the information provided on this website. We further refer you to our Disclaimer.