Amendments to Queensland Dangerous Dog Laws Place Owners on a “Tighter Leash”
In 2024 the Queensland Government implemented legislative changes to the Animal Management (Cats & dogs) Act 2008 (“the Act”) to better protect the community in response to an increase of dog attacks, as well as increasing community complaints.
The key features of the legislative amendments are:
- Increased penalties that incudes fine up to $92,000 for failing to take reasonable steps to prevent an attack; or in circumstances where a person is significantly injured or killed, up to three (3) years jail or $108,000 fine.
- Breed restrictions on-
- Dogo Argentino,
- Fila Brasilerio,
- Japanese Tosa,
- American Pit Bull Terrier/Pit Bull Terrier
- Perro de Presa Canario; and
- Tighter containment measures.
Tougher dangerous dog laws put the bite on irresponsible owners – Ministerial Media Statements
The criteria for determining if a dog is dangerous or menacing is set out in section 89 of the Act which enables any local government to make a dangerous or menacing dog declaration.
A dog will be declared dangerous if;
- has seriously attacked, or acted in a way that caused fear to, a person or other animal; or
- in the opinion of an authorised person having regard to the way the dog has behaved towards another person or animal, seriously attack, or act in a way that causes fear to the person or animal.
A dog will be declared menacing if:
- has caused fear to a person or another animal.
- a person or animal has been attacked but is not considered to be serious; and
- an authorised person forms the opinion that the attack was not considered serious.
Another key consideration in determining if a dog is dangerous or menacing will focus on whether the owner always had effective control of the dog.
Effective control
Effective control is set out in section 192 of the Act (Animal Management (Cats and Dogs) Act 2008 – Queensland Legislation – Queensland Government) which is defined as either;
- in an off-leash area the person is able to supervise and control the dog by voice command; or
- in a public place the person is able to physically control the dog; and if either: –
- the person is restraining the dog by leash, lead or other restraint; or
- the dog is securely tethered to fixed object and is under continuous supervision of the person; or
- the dog is kept in a temporary enclosure that contains the dog’s movement while being under continuous supervision.
Harper v Sunshine Coast Regional Council [2023] QCAT 125 (Harper v Sunshine Coast Regional Council [2023] QCAT 125 – Caselaw) provides an example of circumstances where an owner has not had effective control. The fact of the case is that Ms Harper was walking her dogs when they were approached by another dog (“Millie”) who appeared to be aggressive towards Ms Harper and her dogs. One of Ms Harpers dogs (“Rex”) lunged and bit Millie inflicting significant injuries that required substantial veterinarian intervention. Ms Harper claimed that Rex was acting in self-defence due to Millie’s aggression. However, the tribunal held that there was no evidence to suggest that Millie had bitten Rex, nor was their sufficient evidence to determine the proximity between Millie and Rex and the distance that Rex lunged to bite her.
The tribunal accepted that Millie was the instigator with Rex by provoking the ‘attack’ however, Ms Harper could have taken greater control of Rex to avoid the contact. It was found that Rex had seriously attacked Millie because he caused bodily harm to Millie.
Proposed declaration of dangerous dog notice
If a dog has been identified as potentially dangerous or menacing the local government will conduct a review and issue the owner with a Proposed Declaration Notice (“PDN”). Once an owner receives a PDN certain obligations arise while the investigation is proceeding. Those obligations require the dog to be muzzled and under “effective control” by a person who has control of no more than one dog at the same time while in a place other than the dog’s registered address. Furthermore, if a dog has been placed under a PDN the owner of the dog cannot sell, give away, exchange or breed that dog.
Declaration notice
If a dog has been declared as dangerous then there are mandatory conditions placed on the owner. That being:
- Desexing (if not already) within 3 months of being declared dangerous.
- Ensure that the dog has been implanted with a microchip within 28 days of the declaration.
- At all times have a prescribed collar and identification tag identifying that the dog is a regulated dog.
- Muzzled in public at all times.
- Display a sign/public notice at the entrance to the place where the dog is registered.
- Keep the dog at its registered address; and
- Kept in a council approved enclosure.
Regulated dogs | Sunshine Coast Council
Key takeaway
Owners should be aware that if your dog is reacting to provocation that leads to significant injuries to another animal or person then that dog is at risk of being categorised as a regulated dog. One critical element in determining if a dog is dangerous or not will be whether the owner has always had effective control.
The above is general information only, and it is important to seek tailored independent legal advice regarding your specific set of circumstances. For independent legal advice, please call our friendly team on (07) 5444 4750 or email [email protected].