This page explains what constitutes a dog attack, how incidents are investigated, and the requirements that apply to dangerous, menacing and restricted dogs in NSW.
Dog attacks
The Companion Animals Act 1998 states that a dog attack has occurred if “a dog rushes at, attacks, bites, harasses or chases any person or animal (other than vermin), whether or not any injury is caused to the person or animal”.
If someone is in immediate danger call Triple Zero (000) to notify police as soon as possible.
If the offending dog is still at large and poses a risk to the public or other animals; please contact Council on 4221 6111.
If you or your pet has been a victim of a dog attack
If you believe that you or your pet has been a victim of a dog attack, contact us or your local police as soon as possible and complete a dog attack form. If our rangers proceed with legal action against a dog owner you must, if required, be prepared to attend court and give evidence (should the matter proceed to that stage).
If your pet is alleged to have been involved in a dog attack
If you have been advised by Council that your dog has allegedly been involved in a dog attack, Council staff will conduct an investigation to determine the facts of the matter. The investigation requires staff to obtain a statement from you, the victim and any witnesses describing the alleged attack.
Taking into account the nature, seriousness and circumstances of the attack, our rangers may consider the option of a dangerous dog declaration. This option can be considered if serious attacks have taken place or if there is a potential for the dog to attack again.
Restricted dogs
The Companion Animals Act 1998 sets out the control requirements concerning restricted breed dogs. There have been changes to the legislation that have increased the control requirements and penalties relating to restricted breeds.
The following dogs are restricted breeds under the Companion Animals Act 1998 No 87:
- American Pitbull Terrier or Pit Bull Terrier
- Japanese Tosa
- Dogo Argentino
- Fila Brasileiro
- Perro de Presa Canario or Presa Canario
- Any other dog of a breed, kind or description whose importation into Australia is prohibited by or under the Customs Act 1901
- Any dog declared by an authorised officer of a council under Division 6 of this Part to be a restricted dog
- Any other dog of a breed, kind or description prescribed by the regulations for the purposes of this section
If we believe that a dog is a breed, a cross-breed or of a kind listed as a restricted breed, we may give notice to the owner of the dog of our intention to declare the dog restricted.
What is a menacing or dangerous dog?
A dog is menacing if it:
- has displayed unreasonable aggression towards a person or animal (other than vermin), or
- has, without provocation, attacked a person or animal (other than vermin) but without causing serious injury or death.
A dog is dangerous if it:
- has, without provocation, attacked or killed a person or animal (other than vermin),
- has, without provocation, repeatedly threatened to attack or repeatedly chased a person or animal (other than vermin),
- is kept or used for the purposes of hunting.
An authorised officer of Council may declare a dog to be a menacing or dangerous dog if they are satisfied that:
- the dog is menacing or dangerous, or
- the dog has been declared a menacing or dangerous dog under a law of another State or a Territory that corresponds with this Act.
- the dog is of a menacing breed or kind of dog (or a cross-breed of a menacing breed or kind of dog)
If Council declares a dog to be a dangerous or menacing dog, strict conditions must be complied with. Strict penalties apply for the breach of any of the conditions.
To notify us of a nuisance, menacing or dangerous dog please call 4221 6111.
How is a dog declared dangerous?
Councils must comply with certain procedures before declaring a dog dangerous.
They must:
- Send a written notice to the owner of the dog of the officers’ intention to declare the dog dangerous. This notice sets out the requirements (see below) that the owner must comply with should the dog be declared dangerous. It also advises the owner that they have seven days from the date of the notice to supply a written objection to the declaration.
- If no objection is received within that seven-day period the officer may proceed with the declaration. If a written objection is received the officer must consider the objection before proceeding.
- The officer must give written notice to the owner of the dog whether the declaration is proceeding or not. This notice must set out:
- The requirements the owner must comply with;
- The date by which the owner must comply with the requirements;
- The owner has 28 days to appeal the Declaration through the Local Court;
- The circumstances under which the dog can be seized and destroyed if certain requirements are not complied with.
Restrictions of a dangerous dog
The owner of a dog that is declared to be dangerous under the Act must ensure that each of the following requirements are complied with while the declaration is in force:
- The dog must be desexed within 28 days after it is declared a dangerous dog;
- A person, under the age of 18 years, must not, at any time, solely be in charge of the dog;
- Enclosure requirements: While the dog is on a property, where the dog is ordinarily kept, the dog must be kept in an enclosure that complies with the requirements prescribed by the regulations of the Act. The owner has 3 months from the date on which the dog is declared dangerous to comply. (Note: a certificate of compliance in relation to the prescribed enclosure must be obtained by the owner of the dog);
- Until such time as the approved enclosure is provided, the dog must be kept in an enclosure that is sufficient to restrain the dog and prevent a child from having access to the dog;
- One or more signs must be displayed on the property, where the dog is ordinarily kept, showing the words “Warning Dangerous Dog” in letters clearly visible from the boundaries of the property. The sign must be no smaller than 40 cm × 40 cm, made of durable materials and the letters must be at least 50 mm high and 10 mm wide;
- Distinctive collar must be worn: The dog must at all times wear a collar of the kind prescribed by the regulations of the Act;
- Dog must be kept on a lead and muzzled: Whenever the dog is outside its enclosure, the dog must be under the effective control of some competent person by means of an adequate chain, cord or leash that is attached to the dog and that is being held by (or secured to) the person, and must be muzzled in a manner that is sufficient to prevent it from biting any person or animal. A dog is not considered to be under the effective control of a person if the person has more than two dogs (one of which is the dangerous dog) under his or her control at the one time;
- The owner of the dog must notify Council;
- Within 24 hours if the dog (with or without provocation) has attacked or injured a person or an animal;
- Within 24 hours if the dog cannot be found;
- When the dog has died; and
- When there is a change in the address of where the dog is ordinarily kept
An owner of a dangerous dog, who does not comply with any of these requirements, is guilty of an offence. A maximum penalty of $16,500 applies for the breach of any of these conditions.
If a dog that is declared dangerous is sold or given away, the new owner must be fully informed about the dangerous dog order. The dog must not be sold to a person under the age of 18 years