Aggressive dogs can cause a real danger to other people and animals in the community. Council is required to act upon all complaints received for aggressive dogs. The complainant will be asked to complete a witness statement providing enough information for Council to proceed with an investigation.   If the investigation proceeds to Court, the witness may be required to attend any legal proceedings that arise.  During Council’s investigation, the witness’s details are not disclosed in any correspondence from Council. 

Subject to the outcome of  investigation by Council, the dog may be declared to be a regulated dog under the Animal Management (Cats & Dogs) Act 2008. The owner must comply with conditions set out by Council and required under legislation for the keeping a regulated dog and will incur additional registration fees.

There are 3 types of regulated dogs:

• Declared dangerous dog; 
• Declared menacing dog; and/or
• Restricted dog.

An authorised local government officer can declare a dog as a dangerous dog  if the dog:

• has seriously attacked (meaning to attack in a way that causes bodily harm, grievous bodily harm or death), or acted in a way that caused fear, to a person or another animal, or
• may, in the opinion of an authorised officer, seriously attack or act in a way that causes fear to a person or animal.  

An authorised officer may declare a dog as a menacing dog if the above grounds exist for the dog, except that the attack was not serious. 

A restricted dog is a dog of a breed prohibited from importation into Australia under the Customs Act 1901 (Cmwlth).   

Depending upon the severity of the attack and the circumstances, the dog may also be seized and impounded and a destruction order may be issued for the dog. In addition the owner may be fined and/or prosecuted.