Complete Legal Guide to Dangerous Dog Offences NSW

Introduction

Understanding the laws surrounding dangerous dog offences in New South Wales is crucial for dog owners and the general public. These laws are designed to protect both people and animals from harm, ensuring public safety while also outlining the responsibilities of dog ownership. The legal framework, primarily under the Companion Animals Act 1998 (NSW), provides clear guidelines on what constitutes a dangerous or menacing dog and the consequences of non-compliance.

This guide provides essential information on dangerous dog offences in NSW, covering key aspects such as legal definitions, specific offences, penalties, and the legal obligations of dog owners. It also explores the processes for objecting to a dangerous dog declaration and the importance of seeking legal advice when facing such charges. By understanding these laws, dog owners can better navigate their responsibilities and ensure the safety of their communities.

Overview of Dangerous Dog Offences in NSW

Definition of Dangerous Dog & Menacing Dog

Under the Companion Animals Act 1998 (NSW), a dangerous dog is one that meets any of the following criteria:

• Has, without provocation, attacked or killed a person or animal (other than vermin).
• Has, without provocation, repeatedly threatened to attack or repeatedly chased a person or animal (other than vermin).
• Is kept or used for the purpose of hunting.

Similarly, a dog is declared menacing if it meets any of these conditions:

• Has displayed unreasonable aggression towards a person or animal.
• Has, without provocation, attacked a person or animal (other than vermin) without causing serious injury.
• Is of a menacing breed or kind, or has been declared menacing under corresponding laws of another state or territory.

Identifying Dog Attack & Aggressive Behaviour

A dog attack is defined as rushing at, attacking, biting, harassing or chasing another person or animal, whether or not injury is caused. Key elements of aggressive behaviour include:

• Unprovoked Actions: Attacks or threats without justification.
• Reckless Behaviour: When an owner’s actions or inactions lead to an attack.
• Encouragement to Attack: Urging a dog to attack, which is a separate offence under the Act.

Together, these definitions and criteria help authorities determine the appropriate classification and legal actions for dangerous or menacing dogs.

Relevant Laws & Regulations for Dangerous Dogs in NSW

Companion Animals Act 1998 (NSW) Requirements

The legal framework governing dangerous dogs in New South Wales is primarily established under the Companion Animals Act 1998 (NSW) and related regulations. These laws outline the responsibilities of dog owners, the powers of local councils, and the measures that must be taken to ensure public safety.

Key provisions under this Act include:

• Definition of Dangerous Dogs: A dog is considered dangerous if it has attacked or killed a person or animal without provocation, repeatedly threatened to attack, or is used for hunting purposes.
• Owner Responsibilities: Owners must ensure their dog is muzzled and leashed in public, display warning signs on their property, and keep the dog in a secure enclosure.
• Penalties for Non-Compliance: Failure to comply can lead to significant fines, imprisonment, disqualification from dog ownership, and, in severe cases, a court-ordered destruction of the dog, that is, euthanising a dog/ putting it to sleep.

Council Powers & Notice of Intention

Local councils play a crucial role in enforcing dangerous dog laws. Their powers and processes include:

• Notice of Intention: Before declaring a dog dangerous or menacing, councils must issue a notice of intention. This document outlines the proposed declaration and requires the owner to implement specific control measures until a final decision is made.
• Objection Process: Dog owners have seven days to lodge an objection to the proposed declaration. To challenge the council’s decision, owners must provide supporting evidence, such as a professional behavioural assessment.
• Seizure and Enforcement: If an owner fails to comply with control requirements or does not object within the specified timeframe, the council may seize the dog and, if necessary, impose fines or other penalties.

Key Penalties for Non-Compliance

Under the Companion Animals Act 1998 (NSW), penalties for failing to comply with dangerous dog laws include:

• Fines: Up to 700 penalty units for severe offences
• Imprisonment: Up to five years for serious breaches
• Disqualification: Permanent or temporary prohibition from owning a dog
• Destruction Orders: Court-ordered destruction when a dog poses a significant risk to public safety

Offences Involving Dog Attacks & Encouraging Attacks

Dog Attack Offence Elements

A dog attack offence occurs when a dog rushes at, attacks, bites, harasses, or chases another person or animal, whether or not any injury is caused. This offence can be charged even if the owner was not present at the time, and it applies to all dogs—regardless of whether they are declared dangerous, menacing, or restricted.

Key elements of a dog attack offence include:

• The dog’s actions, such as rushing at, attacking, biting, harassing, or chasing another person or animal
• The incident can occur whether or not the owner was present
• The offence applies to all dogs, not just those declared dangerous or menacing

Offence for Encouraging a Dog to Attack

Encouraging a dog to attack another person or animal is a serious offence under the Companion Animals Act 1998 (NSW). It applies to any dog, regardless of its classification, and carries increased penalties if the dog is dangerous, menacing, or restricted.

Key points about this offence include:

• Encouraging a dog to attack can result in a maximum penalty of $22,000 and/or 5 years imprisonment
• If the dog is dangerous, menacing, or restricted, the penalty increases to $77,000 and/or 5 years imprisonment
• The offence involves setting on or urging a dog to attack, bite, harass, or chase another person or animal

Penalties for Dangerous Dog Offences in NSW

Penalties under Companion Animals Act 1998 (NSW)

Under the Companion Animals Act 1998 (NSW), penalties for dangerous dog offences are designed to reflect the seriousness of the offence and ensure public safety. Key penalties include:

• Fines: Offences can result in fines of up to 700 penalty units for severe breaches.
• Imprisonment: Offenders may face imprisonment for up to 5 years.
• Disqualification from Dog Ownership: Courts may impose a permanent or temporary disqualification from owning a dog.
• Destruction Orders: If a dog poses a significant risk to public safety, the court may order its destruction.

Penalties under Crimes Act 1900

For offences charged under section 35A of the Crimes Act 1900 (NSW), the penalties are more severe, reflecting the potential harm caused by the dog. There are two offences under this Act: causing a dog to inflict grievous bodily harm, or causing a dog to inflict actual bodily harm. In both offences, a person is guilty if they have control over the dog, commit an act or omission that causes the dog to inflict harm on another, and are reckless as to the injury caused. Penalties under the Crimes Act 1900 (NSW) are serious, and include:

• Imprisonment: A maximum of 10 years if the dog causes grievous bodily harm, and up to 5 years for actual bodily harm.
• Fines: Significant fines may also apply, depending on the severity of the offence.
• Control Orders: Courts may require specific measures—such as desexing the dog or completing training programs—to prevent future harm.
• Destruction Orders: In severe cases, the court may order the dog’s destruction if it is deemed a public safety risk.

These penalties underscore the importance of complying with dangerous dog laws and taking responsibility for dog ownership.

Defences Available for Dangerous Dog Offences

Duress & Necessity Defence

Owners may be able to defend against dangerous dog offence charges by arguing duress or necessity when they or their dog were compelled to act due to circumstances beyond their control.

• Duress Defence: Applies if the owner or dog was forced to act because of a direct threat to their safety or well-being. For example, this might cover situations where the dog was provoked or the owner had no choice but to release the dog in response to an immediate danger.
• Necessity Defence: Applies when the actions taken were necessary to prevent greater harm. For instance, releasing the dog may be justified if it was the only way to avoid injury to the owner or others.

Self-Defence in Dog Attacks

Self-defence can also serve as a valid defence when the dog or owner acted to protect themselves or others from harm. In these cases, the response must be both reasonable and proportionate to the threat faced.

• Proportionate Response: The reaction must align with the level of threat encountered. For example, if someone deliberately provoked the dog, the owner may argue that the dog’s defensive reaction was a proportionate response.
• Protection of Others: This defence extends to situations where the dog or owner intervened to safeguard another person or property from harm.

Together, these defences highlight the importance of understanding the specific circumstances surrounding a dangerous dog offence and the legal options available to those facing charges.

Measures & Control Orders for Owners of Dogs

Compliance with Control Requirements

Owners of dangerous or menacing dogs must adhere to specific control requirements under the Companion Animals Act 1998 (NSW) to ensure public safety and avoid legal consequences. These requirements include:

• Muzzling and Leashing: Dangerous dogs must be muzzled and leashed when in public to prevent potential attacks and ensure the dog cannot bite or harass others.
• Secure Enclosure: The dog must be kept in a secure, escape-proof enclosure on the owner’s property that prevents the dog from escaping and posing a risk to the community.
• Warning Signs: Clear warning signs indicating the presence of a dangerous dog must be displayed on the property to alert visitors and passersby to the potential risk.
• Supervision: The dog must always be under the effective control of a competent adult when outside its enclosure, meaning the owner or an authorised person must accompany the dog at all times.

Failure to comply with these requirements can result in significant penalties, including:

• Fines
• Imprisonment
• Disqualification from dog ownership
• Potential destruction of the dog

Objections & Appeal Process for Dangerous Dog Declarations

If a council issues a notice of intention to declare a dog dangerous or menacing, the owner has 7 days to lodge an objection. The objection process involves:

• Submitting Evidence: Owners must provide evidence to support their objection, such as a professional behavioural assessment that demonstrates the dog does not meet the criteria for being dangerous or menacing.
• Council Consideration: The council must consider the objection and any supporting evidence before making a final decision.

If the council proceeds with the declaration despite the objection, the owner must comply with the control requirements. However, they can appeal the decision to the Local Court within 28 days. The court will then review the case and decide based on the evidence presented.

Understanding these measures and control orders is crucial for dog owners facing such declarations. Compliance with the requirements and awareness of the objection and appeal process can help mitigate potential legal consequences while ensuring the safety of both the dog and the community.

Conclusion

Understanding the laws surrounding dangerous dog offences in New South Wales is crucial for dog owners and the general public. These laws are designed to protect both people and animals from harm, ensuring public safety while also outlining the responsibilities of dog ownership. The legal framework, primarily under the Companion Animals Act 1998 (NSW), provides clear guidelines on what constitutes a dangerous or menacing dog and the consequences of non-compliance.

If you or someone you know is facing charges related to dangerous dog offences, it is essential to seek legal advice from a trusted criminal law firm. Contact Daoud Legal in Sydney today for expert guidance and support tailored to your specific situation. Their specialised services can help you navigate the complexities of dangerous dog laws and work towards the best possible outcome. Don’t wait—reach out now to secure your future and ensure the safety of your community.

Frequently Asked Questions