What is a Dangerous Dog?

Dangerous Dogs
Dangerous Dogs are defined by their actions, not by their specific breed.

If you own a dangerous dog, there are certain steps which you must take by law, under the Domestic (Feral and Nuisance) Animal Act 1994. If you do not fulfil your legal responsibilities regarding your dangerous dog, you face very severe penalties.

Your neighbours and the wider community also have the right to know if they are in the vicinity of a dangerous dog.

By fully complying with the legislation, the community is protected, and you provide a clear indication that people should not approach your dog.

What Is A Dangerous Dog?

A dog is declared as dangerous by a Local Council if it has attacked a person or animal without provocation and caused serious injury.

Particular breeds of dogs are not classified as dangerous, however if a dog is trained to attack people or animals, or is kept as a guard dog on non-residential premises, it will also be deemed dangerous.

How to Identify a Dangerous Dog

All dangerous dogs are required by law to wear a prescribed striped reflective red and yellow collar and their presence indicated by signs at all entrances to where it lives or works. Your Council can inform you where to purchase these items.

In addition, all dangerous dogs must be permanently identified by a microchip implanted under the dog's skin. Most vets can arrange microchipping and your local Council must be supplied with the microchip number for their records.

By fulfilling your legal responsibilities with respect to properly identifying your dog as dangerous and displaying the required signage on the property where the dog lives, you give yourself legal protection in the event that a person enters the property and is attacked.

What To Do If Approached By A Dangerous Dog

There are some important rules to remember if approached by a dangerous dog:

Don't run away - stand completely still
Don't kick at the dog, squeal or jump
Avoid eye contact with the dog - a dangerous dog might interpret direct eye contact as a challenge

Keep your hands firmly by your sides and don't wave them around
Try shouting at the dog to 'sit' or 'stay' - this asserts dominance. However, if the dog does not respond to this, do not challenge it again
Slowly back away from the dog, and when there is enough distance between you and the dog, walk away.

There is a good chance that after adopting these tactics, the dog is likely to come up and sniff you, nudge you with its nose and leave you alone.

What you are required to do if you own a dangerous dog

If you commence training a dog for attack purposes, you must advise your local council. If you own a dog that has been declared dangerous and move to a new council area, you must notify that council.

You must also notify the council if your dog is missing or if ownership of the dog changes.

Security precautions that you are required to take at home

In addition to displaying warning signs on all entrances to the premises, a dangerous dog must also be kept indoors or in a childproof enclosure from which the dog cannot escape.

Outdoor enclosures must be:

Fully enclosed
Weatherproof
Constructed of brick, timber, iron or mesh, of a minimum size as specified by law.

The gate must be locked when the dog is inside the enclosure.

Housing of Dangerous dogs guarding non-residential premises.

When a dangerous dog is guarding non-residential premises, the perimeter fencing must be escape proof and comply with prescribed specifications. When the dog is not guarding, it must be housed in an enclosure similar to the one described above.

Security precautions required if you take a dangerous dog into a public place

It is a legal requirement that a dangerous dog must be muzzled to prevent biting and be controlled effectively by means of a chain, cord or leash whenever out in public.

The legal consequences if your dog injures someone

If a dog rushes, attacks or worries a person or animal, the owner may be prosecuted. The owner will also be liable for any damage the dog may have caused. A Magistrates Court can order the dog to be destroyed if the owner is convicted of such an offence.

It is also worth noting that if your dog currently demonstrates aggressive behaviour such as chasing, rushing or biting people or animals, you could be found liable for its actions and your dog declared as dangerous and/or destroyed. You could also be fined up to $1000 for a first offence, or $12,000 or 6 months imprisonment for an offence involving a declared dangerous dog.

Contact your local Council or the Bureau of Animal Welfare for a brochure outlining the legal responsibilities for the owner of a dangerous dog in more detail.