Reasons to seize a dog

Domestic Animal Services (DAS) investigates complaints under the Domestic Animals Act 2000 and Animal Welfare Act 1992 in order to protect the welfare of domestic animals and safety of the community.

During an investigation, a dog may be seized and impounded at Domestic Animal Services on a case-by-case basis. Factors which are taken into account include whether a dog was involved in a dog attack or has harassed another living being; the owner meets registration, microchipping and desexing requirements; and whether the dog has been properly secured at its premises.

If a dog is seized, a seizure notice will be issued to the person in charge of the dog at the time of the seizure. The notice will include information in relation to the reason for seizure and requires confirmation that the dog will be claimed or surrendered to DAS.

What does an investigation include?

Investigations are conducted by a Ranger and an Investigator.

In the interest of procedural fairness, Rangers and Investigators will ensure they are impartial and unbiased throughout the course of the investigation. The purpose of an investigation is to achieve natural justice as well as mitigating any further potential risk to the public and/or obtaining as much evidence as possible to determine if an offence has been committed under the relevant Act. All circumstances surrounding the incident will be considered including the circumstances leading up to the event.

The investigation will include obtaining an account of the incident from all relevant parties involved in the matter. This may include the complainant, victims, witnesses and the dog owner or carer. Medical reports and photographic/video evidence may also be obtained.

This evidence will assist in determining if an offence of the relevant Act has been breached.

After all the necessary evidence has been collected and collated, a summary of the investigation will be provided to the Deputy Registrar who will decide on the appropriate regulatory action.

The dog owner may request to visit the impounded dog during the investigation. Approval may be granted depending on the behaviour of the dog, risk to staff, cooperation of the owner and staff resourcing.

The length of an investigation may vary depending on the complexity of the case and staff resourcing. A seized dog may be impounded at the DAS facility for up to 28 days. The owner of the dog will be notified in writing if the investigation will exceed 28 days.

What are the outcomes of an investigation?

Domestic Animal Services has a range of outcomes available in terms of regulatory actions. This will depend on the type of offence that has been committed and the severity of the incident. Rangers will use their discretionary powers when considering issuing a penalty which can range from:

• Warning penalty notice
• Infringement penalty notice
• Control order (strict conditions are applied)
• Declared dangerous dog
• Euthanasia
• Selling a dog if the owner is unfit to properly care for it.

If criminal offences are identified, a brief of evidence may be compiled, and the matter referred to the Director of Public Prosecutions for potential prosecution.

A person who has suffered injury or other loss because a dog has attacked or harassed them or their animal, may request the information of the dog owner. This request will be made available to any victim following an investigation.

Once a decision has been finalised, the complainant and dog owner will be advised in writing.

How to appeal a decision

The victim or complainant may choose to appeal the Deputy Registrar’s decision. If an appeal is received, the matter will be referred to the Domestic Animal Services Regulatory Advisory Committee for review prior to being reviewed by the Registrar. The Registrar will consider the Deputy Registrar’s decision and additional advice provided by the advisory committee. All parties involved will be advised of the review process and outcomes.

The owner of a dog may appeal the Deputy Registrar’s decision through the ACT Civil and Administrative Tribunal. However, appeals must be lodged within strict timeframes.