Dog laws and dangerous dog laws in New South Wales, Australia

To better understand dog laws and dangerous dog laws, let’s first consider the meaning of a “declared dangerous dog.” According to the NSW Local Government, a “Declared” dangerous dog is declared such because:

  • It has attacked or killed another person or animal without provocation (does not include vermin)
  • It has been used for hunting (except for dogs that have been used for locating, pointing or retrieving birds or vermin) or
  • It has repeatedly threatened to attack or repeatedly chased a person or animal (except vermin) without any provocation
  • Under a law of another State or Territory, the dog has been declared a dangerous dog

How and why would a dog be declared dangerous?

In addition to the points above, if a dog has showcased aggression that is considered unreasonable on repeated occasions or attacked and caused injury to another animal or person, the dog can be declared dangerous. When the council declares a dog dangerous, the owner receives a written notice of the same. The owner then has the opportunity to write an objection letter to the council.

What are the consequences of dog being declared dangerous?

If the owner receives such a notice, they are required to comply with certain rules. There are certain control requirements that they must fulfil such as:

  • Dog must be microchipped
  • Owner must have a valid permit for the dog
  • Dog must be de-sexed
  • Dog must not be left under sole charge of a person under 18 years of age
  • Dog must wear a prescribed collar at all times
  • Dog must be muzzled and have a secure leash on at all times when outside the space where it is usually (such as a house)

There are many such other requirements that the owner must fulfil after their dog has been declared illegal.

If the owner has sent an objection letter to the council and the matter is being assessed, they are still required to comply with these regulations in the meantime.

Under the Companions Animals Act (1998) in NSW, there are certain offences in relation to proposed menacing or dangerous dogs.

For instance, failure to ensure that the dog who is proposed to be dangerous is muzzled when away from the property where the dog is usually kept can lead to a fine amounting to 60 penalty units ($6,600).

Similarly, selling or advertising a proposed dangerous or menacing dog is a serious offence under this Act. Offenders can be charged with a fine of 150 penalty units ($16, 500).

Owners who have received a notice of intention to declare their dog as dangerous have the option of appealing. Lawyers can provide legal advice for such matters and assist the owners to defend their appeal. This is especially important because it is necessary to present evidence if you are making such a proposal. Our team of lawyers can help you gather necessary evidence for making a successful appeal.

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JB Solicitors is a leading law firm based in Sydney offering services across civil law, family law, property law, employment law, criminal law and commercial law among others.

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