What is a dog attack in Queensland?
In short: a dog attack happens when a dog bites, rushes, harasses or acts in a way that causes fear to a person or another animal.
The regulation of animals in Queensland is achieved by the Animal Management (Cats and Dogs) Act 2008. The term “dog attack” is not defined in the Act, but common-sense principles help determine what is and isn’t an attack.
The Act criminalises (that is, makes it an offence) where an attack:
- causes the death of a person;
- causes grievous bodily harm to a person;
- causes the death of an animal;
- maims an animal;
- causes bodily harm to a person; or
- wounds an animal.
There is also a similar offence where a person allows or encourages a dog to attack or cause fear to a person or animal.
Who can be prosecuted for a dog attack, and what does the process look like?
Most dog attacks commence with an investigation being completed by officers from the local council. Under the Act, these officers have a broad range of powers. A typical investigation will include officers:
- interviewing witnesses, including the dog owner;
- inspecting incident locations and obtaining additional evidence such as CCTV recordings; and
- requesting vet or medical records to determine the extent of any injuries.
The offences under the Act for a dog attack (or dog incident) place the responsibility on the owner of the dog, or person responsible for the dog at the relevant time. This means that if you are either of those parties at the time of a dog attack, you can be criminally liable for the dog’s behaviour.
If a dog attack has occurred and you have been contacted by an investigator (or any other person) in relation to an incident, it is important to remember that you are entitled to procedural fairness. This includes the ability to provide “your side of the story” to investigators before a decision is made regarding a prosecution.
What are the penalties for a dog attack in Queensland?
In short: penalties range from on-the-spot infringement fines to substantial court fines and, in the most serious cases, imprisonment.
The penalties which stem from a dog attack vary depending on the circumstances of the attack, the injuries suffered, whether the victim is another animal or a person, and whether the dog has a history of attacks or was a regulated dog.
Court Penalties
For the most serious of offences where a dog attacks and causes grievous bodily harm or kills a person, penalties can include fines of up to $116,830 or three years imprisonment. Maximum penalties will then decrease dependent on the circumstances of the attack and the injuries (if any) suffered by the victim animal or person.
The maximum penalty for the least serious offence (i.e., a dog attack which does not result in any injuries) is a fine of $8,345.
Infringement Notices
For an offence of failing to exercise control of a dog in a public place, infringement notices can be issued. All other offences will be resolved by way of a complaint and summons to the Magistrates Court.
Penalty amounts are indexed each year; the current figures are published on the Queensland Government’s regulated dogs page.
What are the defences to a dog attack offence?
The only defences to a dog attack offence are found in section 196 of the Act. The defences are:
- that the dog acted in the way that it did because it was attacked, mistreated, provoked or teased by the complainant or other animal, or that it was protecting the defendant (or someone with them/their property);
- that the dog was engaged in hunting an animal on private property when the offence occurred;
- that the dog was a working dog and the victim animal was livestock;
- the dog belongs to a government entity and was acting within the scope of its employment; or
- the dog was a security patrol dog which was on duty.
Could my dog be declared dangerous after an attack?
Yes.
Under the Act, a “dangerous dog” is one that has seriously attacked, or caused fear to, a person or another animal — or that an authorised officer believes may seriously do so.
The first step in that process is for the Council to issue a “proposed declaration notice” which signals that the local council is intending to declare your dog dangerous.
For more information in relation to the declaration of dangerous dogs, read our full article on dangerous dog declarations in Queensland.
What do I do if my dog has attacked someone?
If your dog has attacked someone it is important that you remain calm, provide as much assistance as you can to the victim, and help them contact emergency services if needed.
It is important in these situations that you don’t focus on what happened or “who did what,” and instead ensure that any injuries receive treatment as quickly as possible.
Once the victim has been treated, you should provide them with your details so that you can be contacted (and the same to emergency services if asked). You should then contact a lawyer for advice and to discuss the next steps.
