Dangerous Dogs and Restricted Breed Dogs

Dangerous Dogs

Thousands of dog attacks are reported in Western Australia every year, often resulting in horrific injuries and trauma.

It is the legal responsibility of the dog owner, or the person in charge of the dog, to prevent the dog from chasing or attacking any person or animal, whether they are present or not.

Any dog may bite given the opportunity, particularly if it has not been adequately socialised, or is frightened, threatened or dominants. Dogs do not only bite because they have been teased or threatened.

As a result of recent serious dog attacks the State Government has introduced legislation that will allow councils to declare individual dogs dangerous for offences such as rushing at, attempting to attack, threatening or chasing people or animals.

A DOG DOES NOT HAVE TO BITE OR INJURE TO BE DECLARED DANGEROUS

Once a dog is declared dangerous:

It must be muzzled in a public place. 

It must wear a distinctive collar as prescribed by the council. 

All entrances to the dog’s premises must display an approved sign warning that a dangerous dog is kept there.

Councils may also:

Require the dog be kept on a leash in a dog exercise area.

Exclude the dog from specific areas.

Require self closing gates and doors leading into the dog’s property.

Require a minimum standard of fencing.

Impose other restrictions it considers appropriate.

Seek and order for the dog’s destruction

Penalties

An owner who fails to comply with a declaration order on their dog may be fined up to $4,000.

A dog owner whose dog attacks a person or another animal may be fined up to $10,000. A person who incites a dog attack may receive a prison term of up to 12 months.

The dog’s owner is also liable for any injury or damage resulting from a dog attack

Is your dog at risk of being declared dangerous?

Does your dog:

Rush out of the property barking?

Lunge at people when being walked on a lead?

Growl, snap, snarl or bite when interacting with people or other animals? 

Seek professional assistance when your dog displays the early warning signs or aggression. 

When and where is aggression more likely to occur?

On or near the dog owner’s property.

In the dog owner’s vehicle.

In close proximity to the dog owner, or the dog owner’s children.

When the dog is cornered or nervous.

When the dog is eating or near its bed or toys.

When the dog is touched or grabbed.

Are you taking sufficient precautions to prevent an attack?

Is your dog:

Frequently socialised with other dogs and people?

Adequately trained, and always follow its owner’s commands? 

Reporting Attacks

Any dogs wandering at large or dogs which can be identified as being potentially or actually aggressive should be reported to the Council. Early intervention by an observant community can prevent further serious attacks.

All dog attacks should be reported to Ranger Services by calling 9257 9999.

Restricted Breeds

The Dog (Restricted Breeds) Regulations 2002 were gazetted on 22 March 2002. The legislation is provided for under section 53 of the Dog Act 1976 and is to commence operation from 22 April 2002.

These Regulations apply provisions similar to those currently imposed on dogs declared dangerous to those breeds of dog prohibited from importation under Commonwealth legislation.

Under the legislation, a “restricted breed dog” is defined as a breed whose importation into Australia is prohibited under the Commonwealth Customs (Prohibited Imports) Regulations 1956.  At present this includes: dogo Argentino (Argentinian fighting dog); fila Brasileiro (Brazilian fighting dog); Japanese tosa; American pit bull terrier and pit bull terrier breeds. 

The regulations also provide for a restricted breed dog to include any dog of a mixed breed that visibly contains any of the above prohibited breeds.

The Regulations include provisions relating to:

dogs to wear specified collars indicating a dangerous dog and property access points to display signs indicating dangerous dog;

escape-proof and child-proof fencing;

a requirement for the owner to leash and muzzle the dog while in public places;

persons in charge in public places must not be under 18;

a maximum of two restricted dogs per person without a permit from the Council;

owners must be 18 or over;

compulsory notification of a prospective owner that the dog is a restricted breed dog;

compulsory notification to local government if the dog escapes, dies or there is a change of ownership; and

extra powers for seizure and destruction.

The regulation provides that the owner of a restricted breed dog is to provide an enclosure in which a restricted breed dog is to be kept that is capable of preventing a young child from entering the enclosure and which prevents the dog from escaping from the premises. This provision applies whether or not the enclosure is at the premises at which the dog is ordinarily kept.

The regulation also provides that the owner of a restricted breed dog must display a sign conforming to that provided in the Third Schedule Part 3 of the Dog Regulations 1976 at all entrances to the premises where the dog is ordinarily kept.  That is, a sign must conform to the same specifications as applying to dangerous dog signs.