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Thread: Qld's new laws, step in right direction

                  
   
  1. #1
    Guest Tony McCallum's Avatar
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    Qld's new laws, step in right direction

    The state that was removing dogs and putting them down and really jumped up BSL has put the brakes on. The onus of proof about retricted, dangerous dogs etc has been put back on authorities.
    There is no tug playing reference for penalties etc , for a dog to be declared dangerous it must be proven that

    "Animal Management (Cats and Dogs) Bill 2008
    A dangerous dog declaration may be made for a dog that has seriously attacked or acted in a way that caused fear to a person or animal. Seriously attacked means the dog has attacked causing bodily harm, grievous bodily harm or death."

    also there are some very good exceptions for owners of protection dogs

    Defences
    (1) It is a defence to a prosecution for an offence against section 194 for the defendant to prove —
    (a) A dog attacked, or acted in a way that caused fear to, the person or animal —

    (i) as a result of the dog being attacked, mistreated, teased, or provoked by the person or animal; or

    (ii) a) to protect the owner, or a person accompanying the owner (the accompanying person), or the owner's or accompanying person's property; or
    b) for an attack on an animal, the dog was engaged in
    hunting the animal on private property when the offence
    happened; or
    c) for an attack on stock, the dog is a working dog and the
    offence happened when the stock were being worked; or
    d) the dog is a government entity dog and when the offence
    happened the defendant was acting within the scope of
    employment by the government entity; or
    e) when the offence happened, the dog was a security
    patrol dog carrying out that function under the Security
    Providers Act 1993.
    As l read through it l am finding some good balances and enough checks to stop poor practice without hounding the honest citizen.
    It is heavy going but seems as fair as one could hope for these days
    Tony

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    Re: Qld's new laws, step in right direction

    All looks good Tony...

    At least Qld isn't as backwards as it once used to be many years ago.

    Any news though on actually training dogs in personal protection or DogSport?

    My dog may protect me/my property even though I haven't actually trained it too.

  3. #3
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    Tony McCallum's Avatar
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    Re: Qld's new laws, step in right direction

    Mark l can not find a section that says have at it, but there is not one listing of a penalty for doing so. And as a dog can only be declared dangerous if he has caused bodily harm or a person to fear injury, then if your decoy isnt a sook none of those criteria are met unlike the vic laws that have all of that equipment and attached to human reference , this is clearly not even implied. So hopefully l dont find it in the back references, but there is nothing in the relevant sections.
    Tony

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    Senior Member Steve Lamplough's Avatar
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    Re: Qld's new laws, step in right direction

    That sounds good Tony....like Mark it was the training and dogsport section I was concerned about. Maybe I will have to talk my wife into returning to her home state.

    Steve

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    Re: Qld's new laws, step in right direction

    Forgot to ask Craig if I could post what he said but I don't see why not.

    I had a session with him the other day with Montu and we were discussing this. He had a rep up at his place looking at his dogs and such and said the rep was very impressed and said there is no chance that prosport will be banned in the near future.

    I've smushed what he said down into a few sentences.

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    Junior Member Maria Bryan's Avatar
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    Re: Qld's new laws, step in right direction

    Hi All, you can train your dogs in PP in QLD there is nothing in the bill to stop you, you are right Tony.
    Cheers Maria

  7. #7
    Amy P
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    Re: Qld's new laws, step in right direction

    Queensland have tough rules on what 'Breed' can live where, and what Beach your dog is permitted in.Hopefully they relax on Breed restriction as well,or else you may find a state of Australia full of small-medium yappers with permission to bite should an unsuspecting pedestrian be on the wrong part of the street! Or goodness forbid step foot on property!lol



    Quote:And as a dog can only be declared dangerous if he has caused bodily harm or a person to fear injury,

    I Believe this is open to Interpretation,should a person 'fear' a problem.This is the same problem loophole in Victoria.People who witness something in close proximity might fear your dog on/off the property........

    Amy

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    Junior Member Maria Bryan's Avatar
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    Re: Qld's new laws, step in right direction

    Quote Originally Posted by Delkerabo View Post
    Queensland have tough rules on what 'Breed' can live where, and what Beach your dog is permitted in.Hopefully they relax on Breed restriction as well,or else you may find a state of Australia full of small-medium yappers with permission to bite should an unsuspecting pedestrian be on the wrong part of the street! Or goodness forbid step foot on property!lol



    Quote:And as a dog can only be declared dangerous if he has caused bodily harm or a person to fear injury,

    I Believe this is open to Interpretation,should a person 'fear' a problem.This is the same problem loophole in Victoria.People who witness something in close proximity might fear your dog on/off the property........

    Amy
    That was discussed in Parliament before the bill was passed Delkerabo, once a complaint is made,the onus would be on the person and authorities to prove the dog behaved in a way that could cause fear, a complaint about a big dog being boisterous would not be enough to have that dog declared menacing, true all things may be open to interpretation but frivolous complaints will not hold, there are checks and balances which apply to both sides.

  9. #9
    Coalfire
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    Re: Qld's new laws, step in right direction

    Quote Originally Posted by Maria View Post
    That was discussed in Parliament before the bill was passed Delkerabo, once a complaint is made,the onus would be on the person and authorities to prove the dog behaved in a way that could cause fear, a complaint about a big dog being boisterous would not be enough to have that dog declared menacing, true all things may be open to interpretation but frivolous complaints will not hold, there are checks and balances which apply to both sides.
    It may be that frivilous complaints will not hold--However Maria Local Councils have the ability to BAN any breed they see fit at the whim of a Council majority for no proven or good reason! This has been enacted and enforced by some Councils.
    When a Council decides for whatever reason to saddle a dog with a dangerous tag and applies pressure to the owners there is not many that have the where withall to fight them and in our experience from an owner who has endured this enourmous pressure it is easier to allow the dangerous label than to fight it.
    Although they realised afterwards the ramifications of allowing a more or less innocuos event to have their dog declared dangerous. The Council even pursued the supposed victim to cajole them to make a complaint.
    The woman fell over when her little dog wound the lead around her causing her to fall when a young rottweiler came out to say hello. No agression no barking no nothing.
    Propoganda from the Government about checks and balances is a Farce.
    Greg

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    Junior Member Adrian Brown's Avatar
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    Re: Qld's new laws, step in right direction

    Hi all,

    i live in QLD i own a security company that specializes in dogs and handlers and i also train security courses and the dog handlers courses (new requirement) there is no law on training your dogs for sport or protection work but i have still had problems with our local council.

    aprox 4 years ago i went into my local council to register a new dog i did as i had did before and being honest and up front provided them with all my company details, insurance details covering the working dogs allong with all there paper work Eg training records. well there was a new person in charge and with in 1 week i had a letter stating that all my dogs were to be registerd as dangourous dogs. when i asked why i was told because they were trained dogs i then read up un the council local by laws witch stated somthing along the lines of (if a dog has been trained as a guard dog or is used as a guard dog in a yard eg car yard it can on council descretion be registerd as a dangourous dog) i then enquired what made the do this and the answer i got from the new guy in charge was that it was his decision there was nothing i coud do but pay the fee i tried to get him out to meet our dogs look at our kennels and viechles and equipment he told me he was not interested that they were dangourous. i then asked him what made him a expert on dogs or what training did he have to make such judgements on peoples dogs his reply to that was (non i dont like dogs infact i hate dogs i have never owned one and never will)

    i would not except this and went to my solicitor we put a case together with all my company sop's training records photos of equipment, kennels, viechles, course materials ect it ended up being 500 pages long. part of my argument was a trained dog or guard dog is not a dangourous dog if they are handled, transported and housed correctly a dangourous dog is a dog thatt roams the street is not kept in a yard due to in adiquate fencing. thes dogs cause car accidents chase other people walking there dogs ect and this is not the dogs fault this is the owners fault.

    i deliverd this document to the council on the day that i was to go in and pay the dangourous dog fee and told them i would see them in court . The following day i got a phone call saying they had decided to not register my dogs as dangourous they would not have even had time to read the document.

    so it does come down to the indivudal councils but they can be beaten.

    I have had i live bite while working and the process was that the police investigate and determan weather reasonable force was used in the incident ( the same process you would go through for using a batton or fire arm) if it was deemed that you did not use reasonable force the guard is charged for GBH or whatever the charge may be for the dog bite depending on the seriousness they would then foward the info on to the council who would then have a reason to take the dog and destroy it or register it as dangourous. or in my case it was found that i used reasonable force in the incident no charges are laid and there is nothing the council can do about it.

    the dog also has a right to defend its self so if someone kicks or hits the dog the dog can reasonably bite to defend its self.

    Adrian

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