“If my dog bites someone, will it be put down in Australia?” Every pet owner has, in one way or another, thought of this moment. We have to accept that not everyone likes pets and thinks badly of them. But to others, pets are family members, offering unconditional love and unwavering loyalty.
As pet owners, we all fear that one day our pets will suddenly get aggravated and enraged during a peaceful morning or night stroll. The aftermath of a menacing dog attack can be devastating, leaving both the victim and the owner grappling with emotional turmoil.
In New South Wales (NSW), Australia, councils play a critical role in handling dog attacks. People typically report dog attacks to their local council. Following a report, the council investigates the incident and determines appropriate action. This may range from warnings to legal proceedings, potentially resulting in fines, dog rehoming, or, in extreme cases, euthanasia.
Ultimately, the decision to euthanise your dog rests with you. Even if you choose euthanasia, it doesn’t guarantee you’ll escape legal consequences for the attack.
So the answer to our question will entirely depend on the situation. God forbid such instances happen, but putting down a dog is possible. Most local councils might even consider this if a dangerous dog has failed behavioural training or rehoming options.
So how do we prevent this situation? Let’s discover in this article.
A Guide to Understanding Canine Aggression
Before we think of the question “If my dog bites someone, will it be put down in Australia?”, we need to understand what factors affect our dogs’ aggression. Understanding why your dog might bite is crucial, not just to address the immediate situation but also to prevent future incidents and potential legal troubles.
- Sometimes, even the gentlest dog can snap if they feel scared. Sudden noises, unfamiliar people, or threatening situations can trigger a bite response as a form of self-defence.
- Our dogs see us as family and will instinctively protect us, or themselves, if they perceive danger. Resource guarding, where a dog becomes aggressive over food, toys, or territory, falls under this category.
- A dog in pain is more likely to bite, simply because being touched can worsen their discomfort. If your dog exhibits sudden aggression, consider if they might be injured or unwell. This can be a form of self-defence as well.
- Just like humans, dogs can experience depression or frustration. These negative emotions can manifest as aggressive behaviour, including biting.
- Puppies learn bite control through play with littermates. However, this playful behaviour can translate into unwanted biting if not addressed during puppyhood. Consistent training using positive reinforcement techniques is key to preventing play biting from escalating into more serious behaviour.
If My Dog Bites Someone, Will It Be Put Down in Australia: Penalties for Owners
For people who think of “If my dog bites someone, will it be put down in Australia?“, they may worry less about their dog being put down. Instead, they may receive hefty penalties under the Companion Animals Act 1998 to help quell the situation. Let’s look at each of them.
Section 16
Reference: Section 16
| Section | Offence | Penalty |
| Section 16 (1)(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 | 100 penalty units/$11,000 |
| Section 16 (1AA) | Dog rushes, attacks, bites, harasses or chases any person or animal (other than vermin), whether or not any injury is caused to the person or animal as a result of a reckless act or omission by the dog’s owner or another person in charge of the dog at the time of the attack | 2 years imprisonment; and/or200 penalty units/$22,000 |
| Section 16 (1)(b) | A restricted dog or a declared dangerous or menacing 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 | 400 penalty units/$44,000 |
| Section 16 (1AB) | Restricted dog or declared dangerous or menacing 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 as a result of a reckless act or omission by the dog’s owner or another owner person in charge of the dog at the time of the attack | 4 years penalty; and/or500 penalty units/$55,000 |
| Section 16 (1A) | Restricted dog or declared dangerous or menacing dog attacks or bites any person (whether or not any injury is caused to the person), as a result of the owner’s failure to comply with control requirements | 5 years imprisonment and disqualification from owning a dog or being in charge of a dog in public700 penalty units/$77,000 |
Section 17
Reference: Section 17
| Section | Offence | Penalty |
| Section 17(1) | Encouraging a dog to attack, bite, harass or chase any person or animal (other than vermin), whether or not actual injury is caused | 200 penalty units/$22,000 |
| Section 17(1A) | Encouraging a restricted dog or declared dangerous or menacing dog to attack, bite, harass or chase any person or animal (other than vermin), whether or not actual injury is caused | 5 years imprisonment and disqualification from owning a dog or being in charge of a dog in public700 penalty units/$77,000 |
What Else Does the Companion Act Say?
Section 13 of the Companion Animals Act 1998 mandates that all dogs in public spaces must be under the “effective control” of a competent person using a leash, cord, or chain. This ensures that you can restrain your dog and won’t pose a threat to others. Failing to comply with leash laws can result in fines. The amount varies depending on the dog’s classification:
- A breach of leash laws for a regular dog carries a maximum penalty of 10 penalty units.
- For dangerous, menacing, or restricted dogs, the maximum penalty increases to 100 penalty units.
Understanding Dangerous and Menacing Dogs in NSW
Here’s a breakdown of dog classifications in this article about “If my dog bites someone, will it be put down in Australia?”. New South Wales (NSW), Australia, promotes responsible pet ownership and community safety. Read on to understand dangerous and menacing dogs in NSW.
1. Declared Dangerous Dogs
A dog can be declared “dangerous” by an authorised council officer or a local court if the dog:
- Has attacked or killed a person or animal (excluding vermin) without provocation.
- Has repeatedly threatened to attack or chase a person or animal (excluding vermin) without provocation.
- Is kept or used for hunting purposes, with exceptions for bird or vermin hunting dogs.
- Has been declared dangerous under a similar law in another state or territory.
2. Declared Menacing Dogs
Similar to dangerous dogs, a dog can be classified as “menacing” by an authorised council officer or a local court if it:
- Shows unreasonable aggression towards a person or animal (excluding vermin).
- Has attacked a person or animal (excluding vermin) without provocation, but no serious injury or death resulted.
- Has been declared menacing under a similar law in another state or territory.
Are There Restricted Dog Breeds in Australia?
New South Wales has specific laws regarding restricted dog breeds. Here are the restricted breeds in NSW:
- American Pitbull Terrier or Pitbull Terrier
- Japanese Tosa
- Dogo Argentino (Argentinean Fighting Dog)
- Fila Brasileiro (Brazilian Fighting Dog)
- Perro de Presa Canario or Presa Canario (and any other breed banned for import under the Customs Act 1901)
- Any dog declared restricted by an authorised council officer
If your restricted dog attacks or injures a person or animal (excluding pests) without provocation, you are legally obligated to report the incident to your local council within 24 hours.
Who Can Seize Your Dog?
“If my dog bites someone, will it be put down in Australia?“. As mentioned, the answer to this is highly situational. However, authorised officers can seize an attacking dog in a public place if it’s not leashed. There are a few exceptions to the leash requirement:
- Designated off-leash areas allow dogs to roam freely, provided there are no more than four dogs under your control. Always check local signage for designated off-leash areas.
- Dogs assisting with herding livestock, participating in dog shows or obedience training, or working as police or correctional services dogs are exempt from leash laws while performing their duties.
- Dogs secured in a cage, vehicle, or tethered to a fixed object are also exempt, but this doesn’t excuse an attack if the dog manages to break free and cause harm.
State Variations in Dog Attack Laws
How do other states address the question, “If my dog bites someone, will it be put down in Australia?”. Dog attack laws and penalties differ across Australian states and territories. Here’s a glimpse into some variations according to a news article from 9News:
- Victoria: For attacks causing serious injury or death involving a declared dangerous or restricted breed dog, owners can face jail terms of up to 10 years.
- Queensland: This state is considering stricter penalties for dangerous dog ownership, including potential jail time, mandatory public control of all dogs, and bans on specific breeds.
- South Australia: Consequences are determined by the local council or the Dog and Cat Management Board, ranging from fines to jail time (up to two years) for those who incite a dog attack.
- Western Australia: Similar to South Australia, pet owners who incite attacks face potential jail time.
What Can You Do as a Pet Owner?
It’s difficult to think of the situation, “If my dog bites someone, will it be put down in Australia?”. We should know from the start that owning a pet, especially a dog, is a big responsibility.
Have we given them enough space to live in? Do we have the budget to fund their needs and veterinary bills? While these are just the basic needs of a pet, providing them space and having the budget are just the tip of the iceberg.
Pet owners should have the patience of having a pet and understand why they want one in the first place. Pets should not be viewed as collectible items, because they’re family members, furry companions, and your friend who gives unconditional love.
So, yes, if you can’t commit to these things and you buy or adopt a pet, then they might turn aggressive and develop a bad temperament.
Make a Claim With Our Law Firm
Do you need to file a dog bite claim? Or are you the owner of a dog who bit someone? Whatever the case may be, we can help you know your rights and obligations to successfully resolve these types of cases.
A reputable legal group, JB Solicitors, can walk you through the claim process, help you understand any compensation or legal defence options, and walk you through the complexities of dog attack regulations. For peace of mind and consultation about personal injury law, don’t wait till an incident happens.
Get in touch with JB Solicitors right now if you have other questions related to “If my dog bites someone, will it be put down in Australia?”
