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Criminal penalties for owners after dog attacks – new law
Date : 03 Nov 2011
New laws aim to protect the public from attacks by a:
Under these laws an owner or person in control of the dog can be charged with a serious criminal offence if a:
- person dies as a result of the attack
- person's life is put in danger because of a failure by the person to control the dog.
Not all dog owners will be penalised under these new laws if their dog fatally attacks a person.
The owner must know or should have reasonably known that the dog was potentially dangerous and they needed to take care to protect the safety of the public.
What is a dangerous dog?
A dangerous dog is one that is either:
- a guard dog that is kept on (non-residential) property for the purpose of guarding that property
- a dog that has been declared to be a dangerous dog by a council because it has attacked and bitten a person and caused serious injury
- if it has menaced people at least twice.
Dangerous dogs must be muzzled when they are outside the owner's property and they must wear a special red and yellow striped collar to warn the public that they are dangerous.
What is a menacing dog?
These dogs have been declared by a council. The council may make this declaration if a dog:
- injures a person (not a serious injury)
- rushes towards a person in an aggressive way such as growling or snarling or raising the hair on the back of its neck. This is considered to be an attack, even if the dog stops within three metres of the person.
After a declaration has been made the councils may require the dog to be muzzled and kept on a leash whenever the animal is outside the owner's property.
What is a restricted breed dog?
These are dogs that have been banned from being imported into Australia since 2002 because they are considered potentially dangerous. The laws apply to these breeds of dogs, even if they have never shown any aggressive behaviour.
The only restricted breed dogs discovered in Victoria is the American pit bull terrier.
This law applies to dogs that have the same appearance as a pit bull terrier, even if the owner claims that it is a different breed. This dog can be identified by pictures and drawings that are listed on the Department of Primary Industry website (link below).
It is an offence to transfer ownership of a restricted breed dog from one person to another. The law also requires these dogs:
- to wear a collar so that it can be identified as a restricted breed
- be housed in prescribed secure conditions.
Offences
If a person is killed by a dog. It is a serious (indictable) offence if an owner (or person in charge) fails to control a dangerous, restricted-breed or menacing dog in circumstances where a reasonable person should have realised that the failure to keep the dog under control would expose a person to a real risk of death.
It is also an offence if an owner (or person in charge) of a dangerous, restricted-breed or menacing dog if they were reckless in effectively controlling the dog, placing a person in danger of death. This does not apply if the person does not know that the dog is menacing, dangerous or a restricted breed.
Penalties
The maximum penalties are:
- ten years jail for failing to control a dog that results in the dealth of a person
- five years jail for failing to control a dog and endangering life.
More information
Related legislation
The Crimes and Domestic Animals Acts Amendment (Offences and Penalties) Act 2011 adds offences to the Crimes Act 1958 and raise penalties under the Domestic Animals Act 1994 (Vic).
Related website
The Department of Primary Industry has more information about menacing, dangerous and restricted breed dogs, including photos that help council officers decide if a dog looks like a restricted breed. See: