Page 1833 - Week 06 - Thursday, 5 June 2014
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Under the new provisions there are three defences available to a defendant, including where a dog comes to the aid of a person that it could be expected to protect. The bill which we are considering today most importantly provides a new offence for serious injury caused by a dog attack.
New section 50 provides that if a person is a keeper or carer for a dog and they do something, or fail to do something, which results in the dog attacking a person or animal and the attack causes serious injury, then that keeper or carer of that dog can be found guilty of a serious offence. Serious injury is defined as one that endangers a life or is a significant or longstanding injury.
The amendments proposed provide a substantial penalty in the case of serious injury caused by a dog. Punishment for conviction of an offence under this provision is a maximum penalty of 100 penalty units or imprisonment for one year or both.
This represents an extension of the law to ensure that there is an escalation of offences that are commensurate with the damage that is done through poor management or control of a dog. The amendments do provide for certain defences such as when a person or animal has provoked a dog which has turned on the provoker or where a dog has attacked an intruder on premises which are occupied by the keeper or carer.
In cases of serious injury where a person is convicted or found guilty of the offence, the court must order the dog destroyed unless satisfied that there are special circumstances that justify not doing so. Nevertheless, if special circumstances exist, the dog will be declared a dangerous dog and the dog will need to complete behavioural or socialisation training with its owner.
This bill also introduces a new offence of allowing a declared dangerous dog to attack a person or animal, causing serious injury. The keepers of declared dangerous dogs should be well aware of the potential for their animals to cause serious harm to people or other animals and they are required to comply with the strict conditions imposed on dangerous dog licences.
Keepers of dangerous dogs therefore are culpable if their dog attacks a person or another animal. This bill reflects that culpability. It sets the maximum penalty for the new offence of allowing a dangerous dog to attack causing serious injury at 500 penalty units, imprisonment for five years, or both. The effect of these proposed amendments creates a scheme of escalating penalties.
While the changes will act as a motivation for people to manage and control their dogs appropriately, they will also provide more appropriate redress for incidents that result in injury. In the past such offences have been difficult to prosecute, given the limitations and the law as it stood. But now, with the changes, the government will have a more responsive legislative scheme in which to issue infringement notices and to prosecute offenders.
The bill that I am presenting today shows that the ACT government takes seriously the issue of dog attacks and responsible pet ownership. It demonstrates the ACT government’s commitment to creating a liveable city for all Canberrans by fostering an environment in which people can feel safe. I commend the bill to the Assembly.
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