Dangerous dog matters in NSW are governed by the Companion Animals Act 1998 and Companion Animals Regulation 2018. These laws allow local councils to:
- Declare a dog “dangerous”,
- Impose strict control requirements,
- Issue heavy fines.
Having your much-loved family pet declared “dangerous” can be an incredibly distressing experience for you and your family.
Our dedicated criminal defence lawyers can guide you through the legal options available to challenge a dangerous dog declaration and help you protect your pet.
What is considered a dangerous dog?
A dog can become classified a dangerous dog if it has:
- Attacked or killed a person or animal without provocation,
- Repeatedly threatened to attack,
- Displayed aggressive behaviour causing fear,
- Been used for hunting.
This declaration is made by your local council, however police may get involved in serious circumstances.
What happens when your dog is considered dangerous?
Following being declared dangerous, strict condition apply. Some include:
- Displaying warning signs at your property,
- Ensuring your dog is muzzled and on a leash in public,
- Keeping your dog in a secure enclosure.
Penalties
If a dog declared dangerous attacks:
- The owner can face large fines,
- The court may order destruction of the dog,
- In very serious cases involving injury, imprisonment is possible,
- Failing to comply with control requirements can also attract substantial fines.
Challenging a dangerous dog case
An appeal may argue that:
- The attack did not occur
- The dog was provoked
- The behaviour was misinterpreted
- The declaration was unreasonable
What should you do if contacted about your dog?
If you receive a Notice of Intention to Declare a Dog Dangerous:
- Do not ignore it.
- Seek legal advice immediately.
- Gather any evidence (photos, CCTV, vet records, witness details).
- Respond within the required timeframe.
If you disagree with the council’s decision to declare your dog dangerous, you can lodge a formal objection with the council within 7 days of receiving the notice.
To strengthen your objection, you may wish to include supporting material such as:
- Character references from neighbours, friends, or professionals who can attest to your dog’s behaviour and temperament
- A professional temperament assessment from a qualified trainer or veterinarian
- Photographs or video evidence demonstrating your dog’s usual behaviour and living environment
Providing clear, well-organised evidence can significantly improve the prospects of successfully challenging the declaration.
Why choose the Australian Criminal Law Group?
Our criminal lawyers are experts at obtaining the best possible outcome for dangerous dog offences, including no convictions. For these offences, a good lawyer can be the difference between a conviction and a clean criminal record, and between losing your licence and keeping it.
To discuss your dangerous dog charge, call the Australian Criminal Law Group at our Sydney, Parramatta and Blacktown offices or make a website inquiry today.
Contact us now.