Research Brief New reports, bills and updates of latest research Parliamentary Library Research Service Department of Parliamentary Services ISSN 1836-7828 (Print) 1836-8050 (Online) Number 6 May 2010 Domestic Animals Amendment (Dangerous Dogs) Bill 2010 This Research Brief includes the following sections: Introduction..................................................................................................................... 1 1. Second Reading Speech............................................................................................ 2 2. Background................................................................................................................. 2 3. The Act ....................................................................................................................... 5 4. The Bill........................................................................................................................ 7 5. Views of Stakeholders .............................................................................................. 11 6. Other Jurisdictions.................................................................................................... 14 References ................................................................................................................... 19 NB: Readers should note that this Research Brief was current at the time of its preparation prior to the conclusion of debate on the Bill by the Victorian Parliament. For further information please visit the Victorian Legislation and Parliamentary Documents website @ http://www.legislation.vic.gov.au. Introduction On 4 May 2010 the Victorian Government introduced the Domestic Animals Amendment (Dangerous Dogs) Bill 2010 (‘the Bill’). The Bill amends the Domestic Animals Act 1994 (‘the Act’). The main purpose of the Bill is to make further provision for the registration of restricted breed dogs and to amend the definition of a restricted breed dog, to provide that the Victorian Civil and Administrative Tribunal (VCAT) may review declarations of restricted breed dogs and to abolish review panels, and to increase penalties for certain offences. The Bill also further enables the making of declarations of dangerous dogs and menacing dogs and provides further destruction powers for dogs to be destroyed by authorised Council officers. The proposed legislation was signalled in the 2010 Annual Statement of Government Intentions and responds to public concern around recent dog attacks in Victoria. Parliamentary Library Research Service 1. Second Reading Speech The Minister for Agriculture, the Hon. Joe Helper gave the second reading speech for the Bill on 6 May 2010.1 Mr Helper stated that the Bill addressed community needs and expectations over serious dog attacks and responsible dog ownership and education. He also stated that the Bill did this by strengthening council powers to control and destroy dogs that are a danger to the community, by increasing penalties for irresponsible owners whose conduct has allowed dogs to attack, by increasing resources for educating dog owners and by reforming the existing restricted breed regime. The Minister said that ‘It is a central tenet of dog management legislation that a dog is confined, registered and identifiable to its owner’, yet he noted that an estimated 40 per cent of dog owners fail to register their animals. He also noted that effective regulation, including compliance, animal management services and public education programs depended on registration. The Minister noted that in 2003 the Victorian Government introduced restricted breed dog legislation. The Minister stated: As at January 2010 there were 335 restricted breed dogs in Victoria. However, microchip identification registry declarations by owners suggest that there are several times that number of this type of dog in the community that are registered as another almost identical breed or as a crossbreed of another breed. This means that these dogs are not being kept in accordance with the strict controls that apply to restricted breed dogs that may be kept under the Act.2 He went on to say that in order to better regulate restricted breed dogs, ‘in place of the current prohibition’, the Bill provides a two year amnesty period that will allow owners to register restricted breed dogs and thereby bring them under the existing strict controls. The Bill also provides a standard to be prescribed to assist with the identification of a dog as one of the restricted breed dogs, including dogs that are a crossbreed. 2. Background Legislative Background In 1991 Australia banned the importation of the following dogs: American Pit Bulls, Pit Bull Terriers, Fila Brasileiros, Dogo Argentinas and Japanese Tosas. This was not the first time Australia has restricted certain breeds of dogs from entering Australia as from 1928-1972 the importation of German Shepherds was banned, following concern that they would breed with dingos and attack sheep. Other states also placed bans on German Shepherds (then more commonly known as Alsatians), such as South Australia with the Alsatian Dog Act 1934. South Australia did not repeal its legislation prohibiting Alsatians until 1983 with the Alsatian Dog Repeal Act 1983. Legislation in Victoria pertaining to the management of dogs is contained in the Domestic Animals Act 1994 (‘the Act’) and the Prevention of Cruelty to Animals Act 1986. The Domestic Animals Regulations 2005 further provides for the management of 1 Victoria, Legislative Assembly (2010) Debates, 6 May, pp. 1722-1723. 2 ibid. 2 Parliamentary Library Research Service dogs and sets out requirements for dangerous dogs and restricted breed dogs such as requirements for dog enclosures and warning signs that must be displayed. The purpose of the Domestic Animals Act is to ‘promote animal welfare, the responsible ownership of dogs and cats and the protection of the environment…’. Among other things, the Act provides for a registration and identification scheme for dogs and cats and sets out the powers and duties of Councils with respect to the control of dogs and cats. The Act allows Councils to declare that a dog is a dangerous dog, a menacing dog or a restricted breed dog. The Act also gives Councils the power to seize and dispose of dogs or cats under certain circumstances. Owners of dogs and cats have explicit responsibilities according to the Act, such as to not abandon that animal (10 penalty units) and to not allow that animal to ‘be a nuisance’ (1 penalty unit). In 2001 the Animals Legislation (Responsible Ownership) Act declared particular breeds of dogs to be restricted in line with Commonwealth legislation. It also increased the penalty for liability for a dog attack so that if a dangerous dog attacks or bites any person or animal the owner will be liable for a fine of 120 penalty units or six months in jail, and increased the fine from $500 to $1000 for a dog that is not a declared dangerous dog that attacks someone. In 2003 the Victorian Government introduced restricted breed dog legislation to stop the breeding of dangerous and restricted breed dogs. In 2005 the Primary Industries Acts (Further Amendment) Act 2005 made several changes to legislation regarding restricted breed dogs, including: . doubling penalty units for failing to declare a restricted breed dog or for giving false information about restricted breed dogs; . requiring the compulsory desexing of dangerous or restricted breed dogs; . requiring dangerous, menacing or restricted breed dogs to be microchipped; . prohibiting Councils from registering restricted breed dogs, but allowing Councils to renew registrations for restricted breed dogs; and . allowing authorised officers of the Council to seize and destroy unregistered restricted breed dogs.3 Dog Attacks in the Community It has been reported that Australia has the highest incidence of pet ownership per household in the world with more than two thirds of households owning pets.4 It is estimated that Australia has a canine population of about 4 million. In the media it has also been reported that almost six people are attacked by dogs every day in Victoria with more than 2,000 people treated at a hospital for dog bites in 2008, with the lengths of stays ranging from two days to more than a month.5 In 2009 almost one dog attack a week was reported to the Greater Geelong City Council, yet the number of registered dangerous dogs had dropped by almost half.6 Examples of recent dog attacks that have received media coverage include the attack by a Pit Bull-Staffordshire cross terrier in March 2010 of a 67-year-old woman. The 3 See B. Lesman (2005) Primary Industries Acts (Further Amendment) Bill 2005, D-Brief No. 6, September, Parliamentary Library Research Service, Parliament of Victoria. 4 DOGS Victoria (2010) ‘Caring for Dogs’, viewed 21 May 2010, <http://www.dogsvictoria.org.au/Content.asp?ID=160>. 5 A. Wright (2010) ‘Six people a day fall victim to dog attacks’, Herald Sun, 11 May. There is currently no comprehensive reporting system for dog attacks in Australia. 6 K.A. Hobbs (2010) ‘Rise in Geelong dog attacks’, Geelong Advertiser, 13 May. 3 Parliamentary Library Research Service woman’s arm was partially severed by the dog which was the ‘family pet’.7 In October 2009, an American Pit Bull Terrier attacked a man in Melbourne and killed his two dogs.8 In February 2008 an 11-year-old Melbourne girl was hospitalised after being bitten by the family dog, which was believed to be a Labrador.9 In late 2007 a nine-