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home » [Must-Read for New Dog Owners] A Legal Guide to What You Can and Can’t Do!

[Must-Read for New Dog Owners] A Legal Guide to What You Can and Can’t Do!

Many people dote on their cats and dogs as treasured family members, working for their furry masters by day and scooping litter by night. They don’t mind going hungry themselves, but their pet’s water must be fresh and flowing.

Because pet ownership is so widespread, Australia has long been a country with well-established legal protections for animals and pets.

Beyond caring for your cats and dogs, Australia also has many laws that set out owners’ responsibilities for cats and dogs — some to protect the safety of local communities, some to protect the environment, and some to protect other animals. Below, we use New South Wales (NSW) as an example.

Microchipping and Registration

To protect pets and make them easier to recover if lost, NSW law requires pets to be registered and microchipped.

In NSW, all cats and dogs must be microchipped before 12 weeks of age, and if a pet is sold or given away, it must be microchipped beforehand.

In addition, all cats and dogs must be registered within 6 months of birth, which means the registration information stays with them for life.

If owners fail to microchip or register their pets, they may face penalties.

In public places, the requirements for dogs are more extensive.

Walking Your Dog: Leash or No Leash?

Off-leash areas are clearly signposted, indicating where dogs must be leashed and where they may be unleashed. However, outside designated off-leash areas, dogs must be kept on a leash at all times.

Watch Out! There Are Many Places Dogs Aren’t Allowed

Generally speaking, even on a leash, dogs are prohibited from entering the following places:

— Beaches (unless otherwise marked or a designated Dog beach)

— Beach rock pools

— Schools and childcare centres

— Children’s playgrounds

— Shopping centres

— Sporting grounds

— Other public places displaying no-dog signs

Cleaning Up Dog Waste Is Required by Law!

The law requires owners to appropriately clean up or dispose of dog droppings.

So failing to leash where required, taking your dog to forbidden areas, or not cleaning up after it — all of these can result in penalties!

When a Dog Misbehaves

If a dog rushes at, chases, harasses, or bites people or other animals, and a dispute or complaint arises, it may be treated as a dog attack incident even if no actual harm was caused.

Typically, the local council will investigate first. If it is confirmed that the dog has injured or killed a person or animal, or has repeatedly attacked or chased people or animals, the council officer or local court may declare your dog a dangerous dog. The owner may then face hefty fines, and the dog may also be declared dangerous or menacing, requiring the owner to comply with additional strict rules.

In addition, even without direct harm, if a dog displays certain antisocial behaviours — such as constant barking, repeatedly running at or chasing people or animals, or repeatedly causing substantial damage to property other than its own — a council officer may also issue a nuisance order.

Additional Requirements for Dangerous / Menacing Dogs

If a dog is declared dangerous, the owner must:

– Keep the dangerous dog within an approved enclosure at their usual property, fitted with a child-proof latch.

– Whenever the dangerous dog is outside its enclosure, it must be leashed and muzzled at all times and under the effective control of a suitable person.

– The dangerous dog must wear a special red-and-yellow striped reflective collar at all times.

– It must not be under the sole control of a person under 18 years of age.

– Clearly visible warning signs indicating the presence of a dangerous dog must be displayed at the boundary of the property where the dog lives.

– The dog must be desexed within 28 days of being declared dangerous (if not already desexed).

– The owner of a dangerous dog is prohibited from selling, advertising for sale, or giving it away to another person.

– Accepting ownership of a dangerous dog is an offence.

The rules for menacing dogs are similar.

Please, Be a Law-Abiding and Responsible Owner from the Start

In the 2019-20 financial year, RSPCA received more than 28,000 dogs and 45,000 cats across Australia. Although this was a decrease from the previous financial year, of all the dogs euthanised by RSPCA that year, 69.01% were put down due to serious behavioural problems.

RSPCA defines “serious behavioural problems” as “including aggression and severe anxiety (often caused by previous owners), which are severe enough that RSPCA cannot treat them through behavioural modification programs.”

To reduce such risks, dog owners should take puppies to Puppy School — the ideal time for them to learn basic behaviour is between two and a half and three months of age. Also, if your dog starts showing any behavioural abnormalities — not just physical illness — seek treatment and correction as early as possible.

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