Information for victims/witnesses of dog attacks

The provisions of the Domestic Animals Act 1994 (the Act) enables Councils Animal Rangers as authorised officers to investigate (the investigating officer) and commence criminal proceedings against dog owners for offences such as dog attack, bite or rush.

Animal Rangers are trained and skilled in conducting investigations for the various offences under the Act. Councils Animal Management team take dog incident investigations very seriously.

Once Council is informed of the alleged attack, an investigating officer will:

• Contact the person reporting the incident for more information.
• If the incident has just occurred or is still occurring, attend the scene as soon as possible to contain the attacking or aggressive dog if it is still at large and secure any evidence.
• Arrange to meet victims and witnesses to obtain statements and secure any evidence.
• Photograph any injuries to any victim or animal.
• Consider if the attacking or aggressive dog should be seized and held until the outcome of the investigation is known.
• Liaise with the dog’s owner and/or person in apparent control of the dog at the time of the incident.
• Conduct record of interviews.
• Seek other evidence that may be relevant.
• Assess the circumstances and evidence and create a brief of evidence.
• Issue appropriate legal notices.
• Submit completed brief of evidence to Councils’ legal team.
• Arrange for witnesses to attend court if required. 
• Inform the parties of the outcome.

In order for Council to proceed with an investigation on behalf of a victim, victims and witnesses must be prepared to appear in the Magistrates Court as a witness if required. Victims and witnesses must sign a declaration acknowledging that a person making a false statement is liable to the penalties of perjury.

For information and support in attending the Magistrates Court, please visit the Magistrates Court of Victoria website.

Council recommends that any person involved in an incident seeks independent legal advice in relation to the situation. Council cannot provide legal advice.

It is important that witnesses and persons involved in dog incidents avoid talking about what they witnessed with each other. Statements made on behalf of someone else or that are not true or accurate cannot be used by Council.

Animal Rangers will liaise with victims and witnesses initially either at the scene and/or via telephone. Animal Rangers will book appointments to meet each person either at Council Offices or at another location as required.

If you have been requested to sign legal documentation or provide evidence to Council, you may be required to attend the Council Office. Some evidence may be able to be submitted in person or via email to animal.management@shepparton.vic.gov.au. Animal Rangers will advise of the most appropriate method of communication.

Any written enquiries must be sent to the Animal Management email address: animal.management@shepparton.vic.gov.au. The Animal Management department aims to respond to all enquiries as quickly as possible, however depending on the enquiry, this can take approximately 10 business days. The reason for this process is that emails sent directly to Animal Rangers are not regularly monitored and as such may not be responded to within this time frame. The team will acknowledge any email sent during business hours, within 24 hours of receiving the enquiry.

If a dog incident investigation results in a successful Magistrates Court prosecution, Council’s legal representatives may request the Magistrate to order the dog owner to pay reasonable compensation incurred including medical or veterinary bills with evidence being provided to Council during the investigation process. The decision to order compensation is at the discretion of the Magistrate.

Council is not responsible for any costs that may be incurred as a victim or witness.

Victims or witnesses may wish to seek civil action with their own legal representative.

Councils’ Animal Management team complete alleged dog attack investigations as quickly as possible, however due to various statutory requirements, this process can take time to complete. The time frame can be lengthy if the matter proceeds to the Magistrates Court and is outside Councils control.

Council may undertake a number of actions, depending on the severity of the incident. Council may issue to the dog owner and/or person in apparent control of a dog Notices to Comply, Official Warnings and/or Infringement notices or issue a Charge and Summons to proceed to the Magistrates Court.

A dog may be:

• seized and held until the outcome of the investigation is known;
• declared a menacing or dangerous dog;
• euthanised at the conclusion of the investigation;
• surrendered to Council for euthanasia at any stage of the investigation by the dog’s owner; or
• remain with the dog owner, with or without conditions.

If the matter proceeds to the Magistrates Court; the person charged has the opportunity to plead guilty or not guilty and both parties have the opportunity to speak before the Magistrate determines the outcome.

If the person charged pleads not guilty, the case may be listed for contested hearing. Victims and witnesses may be summoned to appear to give evidence. It is therefore important that during the investigation, each witness clearly identifies if they are willing and able to attend court to present their evidence and be available to be cross examined at the Magistrates discretion.

If the charges are found proven, the Magistrate may impose various penalties such as a criminal conviction, fine, compensation to victim, Councils shelter and legal costs, good behaviour bond, banned from owning a dog for a period of time and/or the dog may be destroyed.

Information on attending Court can be found on the Magistrates Court website.