AUSTRALIANS AGAINST BSL

If your dog is seized by a council for what ever reason, it is advisable not to sign any paperwork until you have sought legal advice and ensure you lodge any appeals within the specified time frame. Regardless of the reasons why you may find yourself facing an animal management officer or ranger, here is some information you should be aware of as a dog owner:

 

1. You should NEVER sign a surrender form given to you by the council on the spot. Once a surrender form is signed, that dog legally belongs to the council and they can do as they like with the animal. That means they can destroy the dog immediately if they wish.
    

2. If you receive a "notice of intent", you must lodge an appeal with the administrative tribunal for the state in which the notice was given to you, WITHIN the specified time frame. This time frame varies from state to state under the relevant legislation and there is a lodgement fee, but it is usually quite small.
    

3. An animal management officer or ranger can only issue with you with an "on the spot fine" called an infringement notice. To be issued with a substantial fine, your case must be heard by a court, in which you will receive a summons if you elect to take this option.
    

4. Not all bite/attack cases heard by the courts, will result in a fine and your dog being put to sleep. The outcome is dependent on a variety of factors. Animal management officers often use this as a tactic to scare you into complying with their demands to surrender the dog.
    

5. Animal management officers and rangers, CAN NOT force you to sign any paperwork. They also have an obligation to inform you of your rights of appeal and explain the process to you. They CAN be investigated for misconduct if they are found to be acting outside their powers.
    

6. If you are under the age of 18, your parents should be present and they will need to sign any documents on your behalf. If you feel uncomfortable about being spoken to by a animal management officer or ranger, ask them to speak with your parents instead.
    

7. When faced with the prospect of receiving an infringement notice, a court imposed fine or having your dog seized, try to keep CALM. Right or wrong, the outcome potentially depends on your attitude towards the situation. Telling a government employee they are a "dickhead" is not going to help your dog's cause.
    

8. Remember, as long as you do not sign any documentation that indicates you are surrendering your dog, your dog can not be put to sleep PRIOR to the matter being heard by a court or before the specified time frame to lodge an appeal is up
    

9. If your dog is involved in an incident in which it could potentially be destroyed or you receive a large fine, try not to make decisions around your dog's life in the moment. These decisions are usually based on emotions and often rational goes out the window when emotions are heightened, which you may regret later.
    

10. Even if you can't afford legal advice, PLEASE get in touch with a respected rescue group in the area, or a page like ourselves immediately, so they can advise you on what your next step should be or refer you on to places who can help. They may not be able to work miracles in every case, but councils have been known reassess situations and give more favourable outcomes, if it is addressed before it gets to court.