Dog owners may not realise their liability if their animal attacks another animal or human in New South Wales.
A Sydney lawyer told 9news.com.au that minor dog attacks in the state are quite common however severe altercations are rare.
But even minor dog attacks can result in enormous fines and even jail time in New South Wales and other states.
Here we break down when you’re liable and the consequences if your dog attacks an animal or human.
What are the penalties in NSW?
The Companion Animals Act 1988 is the key piece of legislation in NSW that determines the penalties for dog attacks.
Karina Diec from Sydney Criminal Lawyers said that there are significant penalties in the state if your dog attacks another person or animal “even if injury isn’t caused”.
Diec said the maximum penalty for a dog attack is $11,000.
But that’s just the start.
The penalty can increase to $44,000 if the case involves a menacing dog or animal considered “dangerous” or “restricted”.
These dogs are: American pitbull terrier or pitbull terrier, Japenese tosa, Argentinean fighting dog and Brazilian fighting dog.
What if the owner causes the dog attack?
The penalties become a whole lot harsher if the owner’s behaviour causes the dog to attack.
If the attack is proven to be a “reckless act or omission” by the owner the maximum penalty is $22,000 and even two years in jail.
This can then increase to $55,000 and four years in jail if the dog is on the dangerous or restricted list.
Diec said it is pretty rare to have jail time imposed and it is generally reserved for more serious cases where there is an “omission of conduct” from the owner, meaning failing to control the dog or act, and if it’s not the first time a dog has attacked.
The most serious offence is if the owner encourages the attack.
Penalties are up to $77,000 and five years in jail if the owner “sets on or urges” the dog.
What role do councils play?
Councils are usually the first line of action in dog attacks.
Diec said people usually report dog attacks to the council then the council can pursue action whether that be issuing a warning, taking it to court and it ending in a fine, rehoming the dog or in extreme cases euthanasia.
What about other states?
Each state has nuanced laws surrounding dog attacks and it then filters down to specific council action.
This means penalties can vary between council areas and then also be different between state and territories.
For example, in Victoria if a dog attacks a person “endangering their life or causing death” a person can be charged and face a jail time of up to 10 years if the dog is declared dangerous or on the restricted list.
Or in Queensland, it is up to individual councils about what action is taken including regulating a dog as “dangerous or menacing”, issuing fines or seizing the dog.
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In South Australia, it is also dependent on the local council or the Dog and Cat Management Board on the consequences. This can include a charge and a fine.
If a person in South Australia sets their dog on someone or incites the attack, they can face two years in jail.
Western Australia has similar legislation around inciting a dog attack, resulting in penalties of up to $10,000 and 12 months in prison.
