Dangerous and Restricted Animals

Living Here

Aggressive dogs
Restricted dogs
Dog attacks

Aggressive dogs

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 keeping a regulated dog and will incur additional registration fees.

There are three 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.

Restricted dogs

Any of the following breeds or a crossbreed of any of the following breeds, anywhere in the local government area:

American pit bull terrier or pit bull terrier
Dogo Argentino
Fila Brasileiro
Japanese Tosa
Perro de Presa Canario
Presa Canario.

Owners of these breeds must apply to register their animals as restricted dogs with Council and comply with the following controls as listed in the Animal Management (Cats & Dogs) Act 2008.

Application for registration form

Identification - the dog must at all times, wear a collar with an attached identifying tag
Muzzling and effective control in public - the dog must not be in a public place unless it is muzzled and under the effective control of someone who has the control of no more than one dog of any breed or type at the same time
De-sexing - all restricted dogs must be desexed
Enclosure - a childproof enclosure must be maintained for the dog at the premises on which the dog is kept.

Enclosure requirements for regulated and restricted dogs

Dog attacks

What is considered a dog attack?

An incident reported to Council is investigated as a dog attack when a dog has acted in a way that causes fear to a person or another animal where, a physical injury may or may not have occurred, or an act where the dog causes bodily harm, grievous bodily harm or death.

It is the pet owner's responsibility to ensure that their pet does not cause fear, bite or act aggressively towards another person or animal. If a dog is acting aggressively in its own yard and the enclosure is sufficient to contain the dog, this is not an attack.

The threat of an attack or being bitten by a dog can produce serious physical or physiological and emotional affects, which can cause lasting trauma not only for the person who is attacked but also for potential witnesses, the family of the victim and even the owner of the attacking dog.

Dog attacks are preventable

Dogs are highly sociable animals, and an attack is frightening for all involved. Council understands that people have the right to feel safe in our community from the danger and fear of dog attacks.

Public areas should be safe for everyone to enjoy

Educate your family to be calm, respectful, and gentle around dogs. Never approach a dog that:

You are unfamiliar with and are not with its owner.
Is sleeping, eating or chewing a bone.
Playing with its toys, is fighting or play fighting with another dog
Is injured, sick or with its puppies
Is behind a fence or gate or is tied up
Is on the back of a ute or in a car.

If you witness, or your animal is involved in a dog attack, ensure that you keep yourself safe. 

If you intervene in a dog attack, be aware that you may get bitten or injured.

If you are approached by an unknown dog:

Stand very still and do not run, as running can activate the dog’s prey instinct causing it to chase and drag you down
Try to be quiet although sometimes yelling at the dog in a strong, loud and deep voice may deter an attack from taking place as the attacking dog may see you as an Alpha animal.
Do not look into the dog’s eyes. Curl your fingers and keep your arms down by your sides.
Try and wait for the dog to go away or move away in a calm manner so as not to ignite the dog’s interest with sudden movements.
Use objects in your environment to try and prevent an attack or minimise your risk of injury in an attack.
Tell your kids to inform an adult on what happened.

As a dog owner, you are responsible for keeping your dog in a suitable enclosure and under effective control when you are in public areas.

Please ensure that:

Your fence is well maintained, with the gate shut at all times.
Your dog is not be able to go over, under or through your fence or gate

Your dog is on a leash of no longer than two metres when in public areas, unless you are in an off-leash area

Your dog can return to you when called in an off-leash area
You can control your dog on a leash.
You take your dog out. This helps decrease aggression, fear or anxiety with other dogs and people.
You de-sex your dog. This can decrease dog wandering and aggressive behaviour.
Kids around dogs are supervised - running, yelling, hitting or pulling a dog’s fur will increase the risk of a dog bite.

What should I do if I have been attacked by a dog or have witnessed a dog attack?

If you have been attacked by a dog and are injured, you should seek medical assistance and treatment immediately. All attacks should be reported to Gladstone Regional Council on (07) 4970 0700 as soon as possible after the incident. Record the details as soon as practicable so that you do not forget any important details.

If a dog latches onto you DO NOT FIGHT THE BITE. Resisting or fighting the bite may cause the dog to thrash and pull back which can cause a greater injury.

Key elements to remember are:

Date, time and location of attack.
Description of the attacking dog/s, such as colour, breed, size and any specific identifying features
Details of the dog’s owner (if known)
Details of any people that witnessed the attack or assisted you after the attack
Vehicle registration of any cars present at the scene of the attack.

By contacting Council straight away after a dog attack with this information, Council can take appropriate action to collect important evidence/information to proceed with an investigation and minimise further risks to the community by ensuring that the dog is secured. Delay in reporting a dog attack can make it difficult for Council to investigate because:

Witnesses cannot be located or may forget details
The offending dog and dog owner cannot be located
The extent of the injuries cannot be documented
There is a lack of medical evidence.

Council can be contacted 24 hours a day, 7 days a week on (07) 4970 0700.

How does Council investigate a dog attack?

Upon receiving a dog attack report, a Local Laws Officer will investigate the alleged attack by collecting evidence from all parties involved and depending on the history and severity of the attack there could be several outcomes. Some investigations may take many months to finalise.

The Local Law Officer will conduct enquiries with the community, undertake formal interviews, collect statements and other relevant evidence that may assist in the investigation.

Of utmost importance to Council is the health and safety of the people and animals involved in the dog attack by confirming that the attacking dog is secure to prevent further attacks.

What laws does Council apply to dog attacks?

Both State and Local Laws are considered by Council when investigating dog attacks.

Queensland’s Animal Management (Cats and Dogs) Act 2008:

It is an offence for a person to allow or encourage a dog to attack, or act in a way that causes fear to a person or another animal.
Dogs must be microchipped and registered with the Local Government.

Local Governments may declare dogs to be dangerous dogs, menacing dogs or restricted dogs. Under Gladstone Regional Council’s Local Law No.2 (Animal Management) 2011:

Any person who keeps an animal must maintain an enclosure that prevents the animal from wandering.
It is an offence for an animal to be wandering at large.
A person responsible for an animal in a public place must ensure it is under effective control.

If a dog attacks or injures another person or animal:

Fines may be issued to the owner and
The dog may be declared a “Regulated (Dangerous or Menacing) Dog” and the owner will be responsible for stringent controls as well as an annual “Regulated (Dangerous or Menacing) Dog” registration fee.

Will the owner of the attacking dog have to pay for my medical or veterinary costs?

Council cannot order the attacking dog owner to pay the victims medical or veterinary costs and if the victim is seeking compensation, it is a civil matter between both parties. By law, Council cannot give the contact details of the victim to the attacking dog owner, however, on some occasions the attacking dog owner may ask the Local Laws Officer to forward on their details to you so that you can contact them if you wish.

Will the attacking dog be declared menacing or dangerous?

Depending on the investigation a Local Law Officer will decide whether to declare the attacking dog as a Menacing Dog or Dangerous Dog. Declaring the attacking dog is not intended as a punishment but as a way that the owner and Council can mitigate any further risk to the community.

The evidence provided to Council will be considered before making a declaration. As circumstances of an attack vary from case-to-case, Council is not able to generalise if a declaration will be made following an attack.

Is there anything else I can do to assist with the investigation?

Keep yourself safe. Most people get injured by intervening in a dog attack to separate the dogs. Be aware that if you come between attacking dogs, you may get bitten or injured.
Get to safety as soon as possible. Seek medical attention as every dog bite requires medical treatment to help prevent infection. Council on (07) 4970 0700 as soon as practicably possible.
Take photographs of all injuries to yourself and your pet
Take photographs of the scene where possible and is safe to do so
Obtain copies of medical and veterinary reports and give to the investigating Local Laws Officer
Distract the dog if possible, without putting yourself at risk (beep car horn, yell out, etc)
If you witness an attack check on the victim once the dog is away
Provide first aid if you are able to and it is safe to do so
Call Council on (07) 4970 0700
Provide the victim with your contact details.