"If my dog bites someone will it be put down in Australia?" Dog owners may ask this question themselves should their beloved companion suddenly attack or bite someone. Our dogs are furry family members, offering unconditional love and unwavering loyalty. But what happens when that loyalty turns into a frightening situation?
We all fear our pets suddenly getting aggravated and enraged during a peaceful morning or night stroll. The aftermath of a menacing dog attack can be devastating, leaving both the victim and the owner grappling with emotional turmoil.
A Guide to Understanding Canine Aggression
Let's first discuss canine aggression in this article about "If my dog bites someone will it be put down in Australia?". Our furry companions can bring endless joy, but a dog bite can shatter that bond in an instant. Understanding why your dog might bite is crucial, not just to address the immediate situation but also to prevent future incidents and potential legal troubles.
This article delves into the most common reasons behind dog bites, helping you decipher the "why" behind your pup's uncharacteristic behaviour:
- Fear: Sometimes, even the gentlest dog can snap if they feel scared. Sudden noises, unfamiliar people, or threatening situations can trigger a bite response as a form of self-defence. Proper socialisation from a young age can significantly reduce fear-based biting.
- Protection Mode: Our dogs see us as family and will instinctively protect us, or themselves if they perceive danger. Resource guarding, where a dog becomes aggressive over food, toys, or territory, falls under this category. Understanding these triggers and teaching appropriate behaviour can help prevent bites.
- Injury or Pain: A dog in pain is more likely to bite because being touched worsens their discomfort. Consider if sudden aggression indicates injury or illness. Regular vet checkups and prompt attention to any injuries are crucial.
- The Blues Got My Pup: Just like humans, dogs can experience depression or frustration. These negative emotions can manifest as aggressive behaviour, including biting. Identifying and addressing potential causes through enrichment activities and training can help improve your dog's mood.
- Playful nips, Not-So-Playful Bites: Puppies learn bite control through play with littermates. However, this playful behaviour can translate into unwanted biting if not addressed during puppyhood. Consistent training using positive reinforcement techniques is key to preventing play biting from escalating into more serious behaviour.
Are There Restricted Dog Breeds in Australia?
New South Wales has specific laws regarding restricted dog breeds. These are the restricted breeds in NSW.:
- American Pitbull Terrier or Pitbull Terrier
- Japanese Tosa
- Dogo Argentino (Argentinean Fighting Dog)
- Fila Brasileiro (Brazilian Fighting Dog)
- Perro de Presa Canario or Presa Canario (and any other breed banned for import under the Customs Act 1901)
- Any dog declared restricted by an authorised council officer
Report to your local council within 24 hours if your restricted dog attacks or injures a person or animal (excluding pests) without provocation.
If My Dog Bites Someone Will It Be Put Down in Australia: The Companion Act 1998
Section 13 of the Companion Animals Act 1998 mandates that all dogs in public spaces must be under the "effective control" of a competent person using a leash, cord, or chain. You can restrain your dog, ensuring it doesn't pose a threat to others.
Fines for Offences:
Failing to comply with leash laws can result in fines. The amount varies depending on the dog's classification:
- Standard Dog: A breach of leash laws for a regular dog carries a maximum penalty of 10 penalty units.
- Dangerous, Menacing, or Restricted Dog: For these classified dogs, the maximum penalty increases to 100 penalty units.
Who Can Seize Your Dog?
An attacking dog can be seized in a public place by anyone, including authorised officers, if not leashed. However, if the owner is present, the dog can only be seized by an authorised officer, and only if the leash law continues to be violated after a warning. There are a few exceptions to the leash requirement:
- Off-leash areas: Designated off-leash areas allow dogs to roam freely, provided there are no more than four dogs under your control. Always check local signage for designated off-leash areas.
- Working Dogs: Dogs assisting with herding livestock, participating in dog shows or obedience training, or working as police or correctional services dogs are exempt from leash laws while performing their duties.
- Secured Dogs: Dogs secured in a cage, vehicle, or tethered to a fixed object are also exempt, but this doesn't excuse an attack if the dog manages to break free and cause harm.
Understanding Dangerous and Menacing Dogs in NSW
Here's a breakdown of dog classifications in this article about, "If my dog bites someone, will it be put down in Australia?". New South Wales (NSW), Australia, promotes responsible pet ownership and community safety. Read on to understand dangerous and menacing dogs in NSW.
1. Declared Dangerous Dogs
A dog can be declared "dangerous" by an authorised council officer or a local court if it meets any of these criteria:
- Unprovoked Attack: The dog has attacked or killed a person or animal (excluding vermin) without provocation.
- Repeated Threats: The dog has repeatedly threatened to attack or chase a person or animal (excluding vermin) without provocation.
- Used for Hunting (Exclusions Apply): The dog is kept or used for hunting, except for bird or vermin hunting dogs.
- Out-of-State Declaration: Another state or territory has declared the dog dangerous under a similar law.
2. Declared Menacing Dogs
How are menacing dogs defined in this article about "If my dog bites someone will it be put down in Australia?". Similar to dangerous dogs, a dog can be classified as "menacing" by an authorised council officer or a local court if it exhibits the following behaviours:
- Unreasonable Aggression: The dog shows unreasonable aggression towards a person or animal (excluding vermin).
- Minor Attack: The dog attacked a person or animal (excluding vermin) without provocation, but no serious injury or death occurred.
- Out-of-State Declaration: Another state or territory has declared the dog menacing under a similar law.
Addressing Dog Attacks in NSW
In New South Wales (NSW), Australia, councils play a critical role in handling dog attacks. People typically report dog attacks to their local council. Following a report, the council investigates the incident and determines appropriate action. This may range from warnings to legal proceedings, potentially resulting in fines, dog rehoming, or, in extreme cases, euthanasia.
Ultimately, the decision to euthanise your dog rests with you. Even if you choose euthanasia, it doesn't guarantee you'll escape legal consequences for the attack.
State Variations in Dog Attack Laws
Dog attack laws and penalties differ across Australian states and territories. Here's a glimpse into some variations according to a news article from 9News:
- Victoria: Owners of dangerous or restricted breed dogs causing serious injury or death may face up to 10 years in jail.
- Queensland: This state is considering stricter penalties for dangerous dog ownership, including potential jail time, mandatory public control of all dogs, and bans on specific breeds.
- South Australia: The local council or the Dog and Cat Management Board determines consequences, ranging from fines to up to two years in jail.
- Western Australia: Similar to South Australia, pet owners who incite attacks face potential jail time.
Seek a Dog Bite Claim With Us
It is crucial for dog owners to stop assaults. To ensure the safety of both your pet and the neighbourhood, proper training, socialisation, and careful leash use are crucial. Dog attacks can be terrifying and highly charged incidents.
A reputable legal group, JB Solicitors, can represent your interests, help you understand any compensation or legal defence options, and walk you through the complexities of dog attack regulations.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.