It can be a stressful time when you are contacted by the authorities with accusations that your dog is dangerous. It understandable to become extremely upset in these times and forget that there are avenues available to you to fight any fines or applications your local council issues in relation to your dog’s alleged behaviour.

Under the Animal Management (Cats and Dogs) Act 2008 (QLD), a dog can be declared dangerous if it has seriously attacked or caused fear to a person or another animal, or if an authorised person believes that it may do either of those things in the future, after having regard to the dog’s behaviour. Similarly, a dog can be declared menacing if the above apply, except the attack was not of a serious nature (i.e. it did not cause serious injury such as bodily harm or death).

If your local council decides to declare your dog either dangerous or menacing, they have to serve you with the appropriate notice which will state why they have decided to take this course of action.

There are legislated conditions you must ensure you have fully complied with, within 14 days of receiving the notice, which include matters such as registering your dog and paying the correct fee, ensure your yard meets the enclosure requirements, ensure your dog wears a muzzle at all times when not at home and display correct signage at your home. You will likely have regular unannounced inspections to ensure these conditions are being adhered to. Failure to follow the conditions may result in large fines.

We can write to your local council on your behalf within 14 days of receiving the notice to explain why your dog does not satisfy the definition of either dangerous or menacing and they will consider removing the notice. If they do not, we can apply on your behalf to the Queensland Civil and Administrative Tribunal (“QCAT”) for a review of the council’s decision, and if that is rejected, you have avenues to appeal the decision through QCAT.

If your dog has attacked another person or animal, your local council may also apply to seize your dog or apply to destroy your dog. However, a decision to destroy a dog is a major one and the council does not make this decision lightly; it wants to ensure that the community is protected and not at risk of harm.

If you require legal advice regarding your dog, the Team at Ryan Murdoch O’Regan can assist you.

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Get the best representation. Contact our expert criminal lawyers on 1800 999 529, email mail@rmold.newwebsite.live or submit an enquiry below.

We are available to meet with you at any of our local offices (Brisbane, Gold Coast, Beenleigh, Cleveland and Jimboomba) or by telephone or video-conference.

This article is for your information and interest only. It is not intended to be comprehensive, and it does not constitute and must not be relied on as legal advice. You must seek specific advice tailored to your circumstances.