Proceedings OF ThE - Australian Institute of Animal Management Inc

Annual Conference on Animal Management AIAM Proceedings 2012 93
8 July 2011 Owner files an application in the
Penrith Local Court seeking a
review of the Dangerous Dog
Declaration.
18 August 2011 the matter is listed for a Call
over in the Penrith Local Court.
The Court ordered that:
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Council serve statements of
witnesses it seeks to rely on by
29 August 2011;
defendant serve any statements
by 5 September 2011;
defendant serve Breed
Assessment Report (requested
by defendant) by 7 October 2011;
Matter listed for hearing on
10 November 2011.
26 August 2011 Council served three statements,
two of which were from lay
witnesses and one from a
Council officer.
5 September 2011 Defendant served five separate
letters/statutory declarations,
including one from the
Defendant.
7 October 2011 defendant served Council with a
Temperament Assessment from
the Vineyard Veterinary Hospital.
The Vet states that the dog is
“reasonably accepting of other
dogs but not totally socialised
into fully accepting them.
However, Bailey does not accept
the presence of cats, showing a
typical canine/feline reaction and
would chase and attack a cat if
given the opportunity”.
10 November 2011 Matter is listed for hearing in the
Local Court at Penrith.
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defendant appeared in person.
All witness statements (three
from Council, five from
Defendant and Temperament
Assessment) tendered as
evidence before the Court. In
addition, the s.74 certificate and
dangerous dog declaration was
tendered as evidence.
the Defendant did not dispute
that the attacks occurred. The
Defendant made representations
to the Court that her dog was
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not a danger to humans or other
dogs. The Defendant conceded
that her dog did not like cats.
the Magistrate dismissed the
Defendant’s appeal and gave
considerable weight to the Vet’s
Temperament Assessment.
Further, the Magistrate held that
s.33 of the Companion Animals
Act had been satisfied.
dog owner was given three
months to comply with control
requirements.
2 February 2012 the dog owner was unable
to comply with the control
requirements due to the costs,
the dog was subsequently
euthanized.
Case 2
12 July 2011
A small dog was killed by a large dog being walked
on a lead by a female person in charge of the dog.
The Person in charge of the dog is an older female
who was walking her son’s American Staffy on a
lead. The dog is identified, lifetime registered and
de-sexed.
Small dog came out of its house with the elderly
owner; the small dog commences to bark at the Am
Staff being walked on the lead.
The Am Staff drags the older lady over to the fence
where the small dog resides and attacks the small
dog pulling it through the fence.
Several people came to assist the older lady who
was yelling; however, by the time the Am Staff let go
of the small dog, the dog had sustained fatal injuries.
Am Staff carer accepted full responsibility for the
attack.
Am Staff is very friendly towards people and has
never attacked before.
Dangerous Dog Declaration was issued 2 August
2011.
Animal welfare considerations
It must be considered that dogs kept in enclosures/
kennels may develop increased aggression without
the required mental stimulation or appropriate
exercise. This type of mental health disorder may
manifest into cage rage.
Cage rage can develop in shelter dogs; you may see
the beginnings of cage rage perhaps not aggression,
but rather an unruly hyperactivity that will put off