The Law Handbook 2024

588 Section 6: Houses, communities and the road Dog attacks There are several offences that may be committed by owners if their dog rushes at, attacks or injures a person or another animal. The penalties for these offences depend on: • whether or not the dog is classified as being a ‘dangerous dog’ under the DA Act; and • if there was any deliberate act by the owner in either training or encouraging the dog to attack. It is an offence to urge a dog to attack a person or another animal (s 28 DA Act). The penalties are severe, with fines of up to 120 pu and/or imprisonment of up to six months. Under section 29(6) of the DA Act, an owner of a dog is guilty of an offence if their dog rushes at, attacks, bites, worries or chases any other person or animal. The penalty for this offence is up to 10 pu. However, the offence is not ‘made out’ (i.e. considered to have taken place) if the dog was reacting to teasing, abuse or assault of it or a person known to it, or if a person or another animal was trespassing on its premises (s 29(9) DA Act). An owner of a dog found guilty of a dog attack may also be banned from owning a dog for up to 10 years or have conditions placed on their dog ownership (s 84XA DA Act). If a dog bites you or rips your clothing, you should immediately report the attack to the local police or council. They can impound the dog. They can also take the owner to court and have them fined. You are also entitled to claim from the owner your out-of- pocket expenses for damage caused by the dog. There are criminal offences for failure or reck­ lessness in controlling a dangerous, menacing or restricted breed dog that kills a person or may place another person in danger of death (s 319B, 319C Crimes Act 1958 (Vic)). Penalties range up to 10 years’ imprisonment. Dogs or cats creating a nuisance Under section 32 of the DA Act, the occupier of any premises where a dog or cat is kept is liable to a fine of 1 pu if the animal creates a nuisance by either: • injuring or endangering the health of any person; or • persistently creating noise, by barking or otherwise, which unreasonably interferes with the peace, comfort or convenience of any person on any other premises. Menacing and dangerous dogs Section 34 of the DA Act empowers a council to declare a dog to be dangerous in certain circum­ stances. For example, where a dog has attacked or injured a person or another animal, or has been trained to do so. Under the DA Act (s 41A), a council can declare a dog to be a ‘menacing dog’ if the council has issued two or more infringement notices on the owner because the dog has rushed at or chased a person. If a council intends to declare a dog to be dangerous or menacing, it has to give the dog’s owner seven days’ notice in writing; this notice must contain reasons for its intention. It is possible to appeal to VCAT against a decision by a council to declare a dog to be dangerous or menacing. Owners of dangerous and/or menacing dogs have obligations under the DA Act to make sure that members of the public are not attacked by their dog. These obligations may require the owner to: • display warning signs on their property and a warning tag on the dog; • desex and microchip the dog; • restrain the dog in the manner prescribed by the DA Act (both on and off the owner’s property); and • notify the local council within 24 hours if: – the ownership of the dog changes; – the dog goes missing; or – the dog rushes at or chases a person. If a dog that has been classified as ‘dangerous’ attacks, rushes at or menaces another person or animal, then the owner of the dog may be guilty of an offence and subject to fines of up to 120 pu or six months’ imprisonment (s 29(2) DA Act). There are also rules about registering and owning restricted breed dogs. Restricted breed dogs are defined in section 3(1) of the DAAct. Restricted breed dogs are those that are considered to be dangerous and include, among other breeds, the Pit Bull Terrier. There can be substantial penalties for non-compliance with the special rules regarding these breeds of dogs. It is now a criminal offence (with a maximum six months’ imprisonment or 60 pu) for any person to breed a restricted breed dog (s 41EB DA Act). Guide dogs Visually impaired or hearing impaired persons are entitled to be accompanied by a genuine guide dog