Info for dog owners or persons in control of a dog allegedly involved in a dog attack, bite or rush incident

Dog owners and people who were in control of a dog when an incident happens are legally responsible for the dog’s actions. In Victoria, it is an offence for a dog to attack, bite, rush at, harass or chase a person, or another animal. Preventing dog attacks and bites is always preferred. If a dog rush or attack occurs, Council plays a big role in investigating the incident.

If you own a dog or are in apparent control of a dog and it attacks, bites a person and/or animal or rushes at a person, 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 through a panel hearing process;
• 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 Magistrate Court, the Magistrate may impose various penalties which may include fines, banning orders from owning a dog for a period of time, the dog may be ordered to be destroyed, good behaviour bond, criminal conviction, compensation to the victim and/or payment of Councils shelter and legal costs.

Dog owners or person in apparent control may also face civil action by any victim or third party.

Note: where the owner of a dog is under the age of 18 years, the parent or guardian of that owner is deemed the legal owner of the dog and subject to any penalties or prosecutions.

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

Councils’ Animal Management team complete alleged dog incident (attack/bite/rush) investigations as quickly as possible, however due to various statutory requirements, this process can take time to complete.

A brief of evidence is prepared and presented to Councils legal team. Once Councils legal team have reviewed the brief of evidence, a charge and summons may be issued to you to attend the Magistrates Court.

The time frame can be lengthy if the matter proceeds to the Magistrates Court, and this process is not something Council can expedite.

As part of the investigation, Officers will invite specific parties including witnesses, the dog owner or person in apparent control of the dog to make a written statement, a verbal statement or attend a record of interview. If you receive a written invitation, please read the letter carefully and advise if you wish to attend.

Please also discuss with the Officer if you require an interpreter or support person during this process.

If a Council is investigating an alleged offence under section 29 of the Domestic Animals Act 1994 (the Act), in respect of a dog and has advised the owner of the dog of that investigation, the owner of the dog must notify the Council within 24 hours if:

• the dog is missing; or
• the custody or ownership of the dog changes; or
• the owner’s address changes; or
• the place where the dog is kept changes.

An authorised Officer of Greater Shepparton City Council may seize a dog under Section 81 of the Act, which states: A Council authorised officer may seize a dog that is in the municipal district of that Council if a person has been found guilty of an offence under section 29 with respect to that dog; or the authorised officer reasonably suspects that a person has committed an offence under section 29 with respect to that dog. Section 29 outlines multiple offences relating dog attack, bite or rush.

If a dog is seized, the dog will be held until the outcome of the investigation is known. A seized dog is managed in accordance with the Code of Practice for the Management of Dogs and Cats in Shelters and Pounds (Code of Practice), which includes vaccinations, ongoing veterinary care and daily enrichment. A seized dog will be held at a facility that is able to provide the dog with the appropriate level of care. The facility may be an undisclosed location, which will vary depending on a number of factors including the behaviour of dogs’ owners or other parties, the dogs’ behaviour or veterinary needs and any other special circumstances.

If your dog has or is being seized, please notify the Authorised Officer of your dog’s regular Veterinary Clinic and advise if your dog has any ongoing medication or veterinary requirements. The Authorised Officer will then liaise with your vet and Council Veterinarians.

Council is unable to facilitate regular visitations for owners of a seized dog due to health and safety reasons. A visitation may be permitted under special circumstances, however there are strict rules that are required to be followed and these will be provided if required.

Council are not able to accept any toys, beds or food items, due to potential choking hazard risks.

The facility where a seized dog is housed supply appropriate toys and treats for enrichment as per the legal requirement. All dogs have suitable bedding for comfort, and the dogs are all fed a nutritional diet as per veterinarian advice.

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.

All correspondence must be sent via email to the Animal Management email address: animal.management@shepparton.vic.gov.au.
The team will acknowledge any email sent during business hours, within 24 hours of receiving the enquiry. Please note that any correspondence sent directly to specific Animal Rangers are not regularly monitored and as such may not be responded to within this time frame.

Under the relevant Code of Practice, Council is only required to advise owners of seized dogs, that the dog has been managed according to legislative requirements and informed of any behavioural issues or problems that have been noted, only if and when a seized dog is released.

Councils Animal Management team offer owners of any seized dog/s the option to request regular monthly updates via email while the animal remains in custody.

Please advise via email to animal.management@shepparton.vic.gov.au if you wish for these updates to be provided to you.

Whilst a seized dog remains in Councils custody, there are a number of costs that Council may incur including daily costs, regular vet consultations, vaccination, flea and worm treatment, enrichment items and any medication or treatment required.

If the investigation proceeds to the Magistrates Court, Council will seek these costs in Court and any award will be at the discretion of the Magistrate. If costs are awarded in court, the Accused may be able to apply to the court for a payment plan or specific time frame to pay any costs required.

A Charge and Summons is issued to a person charged with committing a criminal offence/s and requires the Accused person to attend the Magistrates Court. Council recommends that any person who received a Charge and Summons seeks independent legal advice in relation to the situation as Council cannot provide legal advice.