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Specialist Canines
To the Security Providers,
This is to advise security providers utilising man dog teams for security functions a draft amendment for changes to the Qld Animal Management (Cats and Dogs) Act 2008. I have highlighted in yellow in under the current act defences to prosecution under section 194 of the act.
Please find below current legislation:
Qld Animal Management (Cats & Dogs) Act 2008
Chapter 9 Miscellaneous provisions
Part 1 General offences
194 Particular persons must ensure dog does not attack or cause fear
(1) A relevant person for a dog must take reasonable steps to ensure the dog does not attack, or act in a way that causes fear to, someone else or another animal.
Maximum penalty—
(a) if the attack causes the death of or grievous bodily harm to the person—300 penalty units; or
(b) if the attack causes the death of the animal—100 penalty units; or
(c) if the attack causes bodily harm to the person or animal—50 penalty units; or
(d) otherwise—20 penalty units.
(2) In this section— relevant person, for a dog, means—
(a) the owner of the dog; or
(b) any responsible person for the dog.
195 Defences
(1) It is a defence to a prosecution for an offence against section
194 for the defendant to prove—
(a) the 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) 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.
(2) In this section—
dog patrol category, of functions of a security officer, has the meaning given by the Security Providers Act 1993, schedule 2.
security officer has the meaning given by the Security Providers Act 1993, section 7.
security patrol dog means a dog used in the dog patrol category of functions of a security officer.
196 Prohibition on allowing or encouraging dog to attack or cause fear
(1) A person must not allow or encourage a dog to attack, or act in a way that causes fear to, a person or another animal. Maximum penalty—300 penalty units.
(2) In this section— allow or encourage, without limiting the Criminal Code, sections 7 and 8, includes cause to allow or encourage.
In the draft amendment as listed below, it appears that reference to security patrol dogs working under the Security Providers Act is no longer relevant.
Where does this legislation leave the security industry? and does this raise liability and risk of criminal prosecution too high to operate man dog teams for security functions.
The security industry has regulated mandatory licensing for security dog handlers to operate under security providers act, yet there is lack of legislation in any animal act or other act to govern the training or operational requirements or use of dogs for security fuctions.
Please find below draft amendment:
DRAFT FOR CONSULTATION PURPOSES ONLY
Amendments relating to the dangerous management of a dog
Part 1 Amendment of Animal Management (Cats and Dogs)
2008
1 Act amended
This part amends the Animal Management (Cats and Dogs)Act 2008.
2 Amendment of s 194 (Relevant person must ensure dog does not attack or cause fear)
(1) Section 194(1), penalty, paragraph (a)—
omit.
(2) Section 194(1), penalty, paragraphs (b) and (c)— renumber as paragraphs (a) and (b).
3 Amendment of s 195 (Prohibition on allowing or encouraging dog to attack or cause fear)
(1) Section 195(1), penalty, paragraph (a)—
omit.
(2) Section 195(1), penalty, paragraphs (b) and (c)— renumber as paragraphs (a) and (b).
Part 2 Amendment of Criminal Code
4 Code amended
This part amends the Criminal Code.
5 Insertion of new s 334A
Chapter 29—
insert—
‘334A Dangerous management of a dog
‘(1) A person responsible for a dog who, by an act or omission, manages the dog dangerously causing the death of or grievous bodily harm to another person through an attack by the dog commits a crime.
Maximum penalty—10 years imprisonment.
‘(2) Subsection (1) does not apply if the dog is a government entity dog and the person responsible for the dog is acting within the scope of engagement or employment by the government entity.
(3) In this section—
government entity means—
(a) the State, the Commonwealth or another State; or
(b) an instrumentality or agent of the State, the Commonwealth or another State.
government entity dog means a dog—
(a) owned by a government entity or a person engaged or employed by the entity; and
(b) used for a purpose under an Act of the Commonwealth or a State.
Examples—
• a corrective services dog under the Corrective Services Act 2006
• a drug detection dog, explosives detection dog or police dog under the Police Powers and Responsibilities Act 2000
manage a dog dangerously means manage a dog in a way that
is dangerous having regard to all the circumstances
including—
(a) for the owner of the dog—the way the owner manages the owner’s proprietary rights in relation to the dog; and
(b) the age, size and strength of the dog; and
(c) the past conduct of the dog, its training and its temperament; and
(d) the current medical and physical condition of the dog;
and
(e) the breed of the dog; and
(f) whether the restraint of the dog, if any, was appropriate in the circumstances; and
(g) for the use of a dog to protect persons or premises—whether the use of the dog was appropriate in the circumstances.
person responsible for a dog means a person who has control or custody of the dog, including an owner of the dog
Official web link.
http://www.justice.qld.gov.au/corpor...erous-dog-laws
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Kris Today, 04:35 PM