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Restricted Breed Declaration Review Process

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Restricted Breed Declaration Review Process RESTRICTED BREED DECLARATION REVIEW PROCESS Restricted Breed Dog (RBD) Under the Domestic Animals Act 1994 Section 3 Definitions (1) In this Act - restricted breed dog means a dog that is any one of the following breeds— (a) Japanese Tosa; (b) fila Brasiliero; (c) dogo Argentino; (d) Perro de Presa Canario (or Presa Canario); (e) American Pit Bull Terrier (or Pit Bull Terrier); and....... (3) A dog that falls within an approved standard for a breed of dog specified in a paragraph of the definition of restricted breed dog is taken to be a dog of that breed (4) For the purposes of subsection (3) an approved standard is a standard that has been approved by the Minister and published in the Government Gazette. Declaration by Council • Council declares a dog a restricted breed dog pursuant Section 98A of the Domestic Animals Act 1994 • Section 98A (1) of the Act provides that “if an authorised officer is of the opinion that a dog is a restricted breed dog, the authorised officer may make a declaration to the effect that the dog is a restricted breed dog” • Written notice of the declaration must be served on the owner of the dog, either personally or by registered post, within 7 days of the making of the declaration Owner accepts declaration • Was the dog in existence in Victoria prior to September 1, 2010? • Was the dog registered with a Council (as any breed) immediately prior to September 30, 2011? If yes to both – The dog may be registered as a Restricted Breed Dog (RBD) and kept according to legislative requirements and any additional conditions set by Council If no to either – The dog may not be registered and the Council must destroy the dog Owner rejects declaration Owner may apply within 28 days for a review of the declaration to the Victorian Civil and Administrative Tribunal (VCAT). $322 non-refundable fee required. A Directions Hearing is held that establishes the Final Hearing date and document filing schedule before the Final Hearing For both the applicant (dog owner) and respondent (Council) dates at which they file and serve the following (Council first, followed by applicant): (a) statements of legal arguments or other arguments relied on; and (b) statements of the evidence of each witness to be called at the hearing VCAT finding and outcome VCAT overturns declaration – Dog is not considered a Restricted Breed Dog and may go home VCAT affirms declaration – Is the owner able to recover the dog? • Was the dog in existence in Victoria prior to September 1, 2010? • Was the dog registered with a Council (as any breed) immediately prior to September 30, 2011? If yes to both – The dog may be registered as a Restricted Breed Dog (RBD) and kept according to legislative requirements and any additional conditions set by Council If no to either – The dog may not be registered and the Council must destroy the dog Bobo Item from Standard Respondent Applicant VCAT finding (Council) (Dog owner) GENERAL APPEARANCE AND 55 cm height 58 cm height CHARACTERISTICS 58 cm length 58 cm length The American Pit Bull Terrier is a medium sized dog and is strongly Complies. Length is Does not comply. The dog Complies built with well defined muscles. greater than height. is square. The breed is noted for its climbing ability and subsequent Withers to elbow 25 cm Withers to elbow 26 cm strength in its hindquarters. The overall outline of the breed Elbow to ground 30 cm Elbow to ground 32 cm indicates it to be slightly longer in length (point of shoulder to Complies Does not comply Does not comply buttocks) than height (withers to (by 5 or 6 cm) ground). Bitches may be slightly longer than males. A distance from withers to the elbow and the elbow to the ground is generally equal. Item from Standard Respondent Applicant VCAT finding (Council) (Dog owner) HEAD Viewed from above the The head is not Looking at all the photos The head is proportionate to very significant proportionate to the dog submitted, I conclude that the dog. Viewed from above, development of cheek (it is too large to generally the head is proportionate the general shape of the head muscle clearly balance the body) to the dog to the same is that of a blunt wedge, large demonstrates a blunt extent, or nearly the same and broad. wedge shape of the head There is insufficient cheek extent, as is depicted in that is in direct proportion development for the head the photos and diagrams to the dog’s body size and to have the general shape in the Standard. shape. of a blunt wedge. Instead the head has a more In terms being large and general shape of being broad, the head is rectangular. generally compliant. The head is large, and the cheeks are visible outside the ‘wedge’ on all the photographic projections produced by the witnesses. This occurs to a similar extent to what is shown in the standard. Complies Does not comply Largely complies Item from Standard Respondent Applicant VCAT finding (Council) (Dog owner) Viewed from the side, the skull Clearly the muzzle and The head is not flat causing The question of and muzzle are on parallel plains the skull viewed from the skull to recede so the parallel planes is separated by a moderately deep the side are on parallel planes are not parallel quite a subjective stop. Arches over the eyes are planes separated by a criterion. Ms Harvey’s well defined but not pronounced deep stop. Arches over report contains (refer figure 3) the eyes are present and marked up well defined photographs which demonstrate both parallel and non- parallel planes. Ms Walsh’s photo is taken from an angle closer to that in the Standard, however, and appears to be a reasonable fit with figure 3 in the Standard Complies Does not comply Complies Head planes Canine Terminology, Harold R. Spira. (Harper & Row publishers) Measured from occiput to stop for the top skull and from stop to tip of nose for the foreface Item from Standard Respondent Applicant VCAT finding (Council) (Dog owner) Muzzle: Slightly shorter in length Muzzle Length 9 cm to the skull (i.e. 2:3 ratio for muzzle: skull). It is broad, deep and powerful with a slight taper Skull Length 9.5 cm to the nose and falls away slightly under the eyes (refer figure 4) [Figure 4 has a note pointing out Ratio for muzzle: ‘fall away’ requirement for the skull~1:1 dog’s cheeks] Co Skull 14 cms Muzzle 9 cms Complies Does not comply Partially complies Item from Standard Respondent Applicant VCAT finding (Council) (Dog owner) Head profiles: profiles of female and male drawn Complies Complies Complies Item from Respondent Applicant VCAT finding Standard (Council) (Dog owner) Skull: Large, fairly flat, The skull is quite broad and deep, rounded instead slightly tapering of being ‘fairly towards the stop. flat’ There is a deep The furrow does median furrow not extend to the reducing in depth occiput. Instead it from stop to occiput. finishes halfway Cheek muscles are up the skull. prominent but free of The cheek wrinkles. When the muscles are not dog is alerted sufficiently wrinkles will form prominent on the forehead Complies Does not comply Partially complies Item from Standard Respondent Applicant VCAT finding (Council) (Dog owner) Lips: Clean and tight Lips predominately clean The loose lips are The photos do show some skin and tight as opposed to clearly visible below hanging below the lips, however, pendulous the jaw line not to any greater extent than the Standard allows Complies Does not comply Complies Item from Standard Respondent Applicant VCAT finding (Council) (Dog owner) Teeth: Large and a Teeth overlap to a It is a level rather than a complete scissor bite i.e. near perfect scissor scissor bite upper teeth closely bite, the teeth are The teeth are not large overlapping the lower large and set compared to the size of the teeth and set square to square dog (see reference photo of the jaws. small terrier) The teeth are not set square to the jaws as illustrated in the supplied diagram Complies Does not comply Complies to some extent Nose: Large with wide Complies Complies Complies open nostrils and may be of any colour. Item from Standard Respondent Applicant VCAT finding (Council) (Dog owner) Eyes: Medium in size, round in Black rims, however The eyes are oval in shape and set low in the head – the eyes are round in shape rather than not prominent. Eyes can be all colour round colours except blue. The eye The rims are black rims are the same colour as the whereby the skin skin colour colour of this dog is pink Complies Does not comply Does not comply Ears: The shape and carriage of Ears are set high on The ears are too the ears will vary from dog to the skull and are rose large dog. Generally they are set shaped fairly high on the skull, not large and may be half pricked or rose shaped (i.e. folding backwards and exposing the inner burr of the ear). Complies Does not comply Complies Item from Standard Respondent (Council) Applicant VCAT finding (Dog owner) NECK Moderate length and The neck is not with great strength, moderate, rather tapering from the head into it is too short. the shoulders. A slight arch The neck is not over the crest. The neck free from loose must be free from loose skin. skin or dewlap (loose, pendulous skin under the throat) Complies Does not comply Complies Item from Standard Respondent (Council) Applicant VCAT finding (Dog owner) FOREQUARTERS Strong The forelegs are set forelegs, well boned and too wide apart muscular with elbows fitting The elbows do not close to the body.
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