Menacing & Dangerous Dogs: New South Wales Guide

At a glance

The council has formally notified you that they intend to declare your dog as menacing.

• You have 7 days to lodge an objection.
• Compliance requirements, including wearing a muzzle outside the home, begin immediately.
• Your dog must be registered and microchipped within 7 days.

What is a Notice of Intention?

A Notice of Intention is a formal written notice from the council stating that they intend to declare your dog as menacing. It does not mean that a declaration has already been made, nor that one is guaranteed.

The council may issue a Notice if they believe your dog meets one or more of the following criteria (CAA s 33A):

• Has displayed unreasonable aggression towards a person or animal (other than vermin), or
• Has, without provocation, attacked a person or animal (other than vermin) without causing serious injury or death, or
• Is of a breed or cross-breed considered menacing by the State of NSW, or
• Has been declared a menacing dog under a corresponding law in another Australian State or Territory.

The Notice may also include information about the incident, instructions for lodging an objection, council and officer contact details, and compliance or enforcement information, including potential fines for non-compliance.

While the Notice itself does not impose fines, it is often accompanied by one or more fines relating to the offence that is the subject of the Notice.

What you must do now

From the time the Notice is given, whenever your dog is outside your home, it must:

• Be under the effective control of a competent person, and on a leash held by or secured to that person.
• Wear a muzzle securely fitted in a manner that prevents it from biting any person or animal (CAA s 36(1)(a)).

For a dog to be considered under effective control by a competent person, that person must not be walking more than two dogs in total, including the dog in question (CAA s 36(5)).

If not already, your dog must also be registered and microchipped within 7 days (CAA s 36(1)(b)).

These requirements apply for 28 days from the date the Notice is given, or until the council formally makes its decision, whichever occurs first (CAA s 36(2)).

Explore muzzle options to find the right fit for your dog.

A qualified animal behaviour professional can help with muzzle training and other behavioural challenges.

If you wish to object

You have 7 days to lodge an objection (CAA s 37(1)).

If you lodge an objection, an authorised officer must consider it before making a declaration (CAA s 37(3)).

There are no prescribed requirements for the format or content of an objection. However, the following may assist:

• A behaviour assessment conducted by a qualified and experienced animal behaviour professional
• Reports or statements from animal professionals familiar with your dog (such as a vet, trainer, walker, minder, or groomer)
• Statements from eyewitnesses that provide a fuller account of the incident
• Evidence of ongoing or planned training or behavioural intervention
• Formally committing to follow management strategies aimed at reducing future risk

If you intend to object, ensure it is submitted to the council in writing (email or print) within the required timeframe. Keep a copy for your records and request written confirmation of receipt.

Contact an experienced animal behaviour assessor as soon as possible to allow time for the assessment to be completed within the required timeframe.

If you need legal advice, explore the legal support options below.

What happens next

If you lodge an objection, the council must consider it before proceeding with a declaration (CAA s 37(3)).

The council will generally aim to make its decision between 7 and 28 days from the date the Notice is given. If no decision is made within 28 days, you are no longer required to comply with the immediate requirements imposed by the Notice (CAA s 36(2)). However, this does not affect the validity of any decision made by the council after this time.

Once a decision is made, the authorised officer must inform you of that decision within 7 days.

Support options

References

At a glance

The council has formally notified you that they intend to declare your dog as dangerous.

• You have 7 days to lodge an objection.
• Compliance requirements, including wearing a muzzle outside the home, begin immediately.
• Your dog must be registered and microchipped within 7 days.

What is a Notice of Intention?

A Notice of Intention is a formal written notice from the council stating that they intend to declare your dog as dangerous. It does not mean that a declaration has already been made, nor that one is guaranteed.

The council may issue a Notice if they believe your dog meets one or more of the following criteria (CAA s 33):

• Has, without provocation, attacked or killed a person or animal (other than vermin), or
• Has, without provocation, repeatedly threatened to attack or repeatedly chased a person or animal (other than vermin), or
• Is kept or used for the purposes of hunting, or
• Has been declared a dangerous dog under a corresponding law in another Australian State or Territory.

The Notice may also include information about the incident, instructions for lodging an objection, council and officer contact details, and compliance or enforcement information, including potential fines for non-compliance.

While the Notice itself does not impose fines, it is often accompanied by one or more fines relating to the offence that is the subject of the Notice.

What you must do now

From the time the Notice is given, whenever your dog is outside your home, it must:

• Be under the effective control of a competent person, and on a leash held by or secured to that person.
• Wear a muzzle securely fitted in a manner that prevents it from biting any person or animal (CAA s 36(1)(a)).

For a dog to be considered under effective control by a competent person, that person must not be walking more than two dogs in total, including the dog in question (CAA s 36(5)).

If not already, your dog must also be registered and microchipped within 7 days (CAA s 36(1)(b)).

These requirements apply for 28 days from the date the Notice is given, or until the council formally makes its decision, whichever occurs first (CAA s 36(2)).

Explore muzzle options to find the right fit for your dog.

A qualified animal behaviour professional can help with muzzle training and other behavioural challenges.

If you wish to object

You have 7 days to lodge an objection (CAA s 37(1)).

If you lodge an objection, an authorised officer must consider it before making a declaration (CAA s 37(3)).

There are no prescribed requirements for the format or content of an objection. However, the following may assist:

• A behaviour assessment conducted by a qualified and experienced animal behaviour professional
• Reports or statements from animal professionals familiar with your dog (such as a vet, trainer, walker, minder, or groomer)
• Statements from eyewitnesses that provide a fuller account of the incident
• Evidence of ongoing or planned training or behavioural intervention
• Formally committing to follow management strategies aimed at reducing future risk

If you intend to object, ensure it is submitted to the council in writing (email or print) within the required timeframe. Keep a copy for your records and request written confirmation of receipt.

Contact an experienced animal behaviour assessor as soon as possible to allow time for the assessment to be completed within the required timeframe.

If you need legal advice, explore the legal support options below.

What happens next

If you lodge an objection, the council must consider it before proceeding with a declaration (CAA s 37(3)).

The council will generally aim to make its decision between 7 and 28 days from the date the Notice is given. If no decision is made within 28 days, you are no longer required to comply with the immediate requirements imposed by the Notice (CAA s 36(2)). However, this does not affect the validity of any decision made by the council after this time.

Once a decision is made, the authorised officer must inform you of that decision within 7 days.

Support options

References

At a glance

If your dog has been formally declared a menacing dog, the declaration takes legal effect from the date stated in the notice (or when the notice is given, whichever is later) (CAA s 38(3)).

• The declaration remains in force unless it is formally revoked.
• Strict control requirements apply immediately and continue while the declaration remains in force (CAA s 51(1A)).
• There is no Local Court appeal pathway for a council-issued menacing dog declaration (CAA s 41 Note).

What you must do now

Desexing (within 28 days)

If your dog is not already desexed, you must arrange desexing within 28 days of the declaration (CAA s 51(1A)(a)).

Registration (within 7 days)

If your dog is not already, you must register and microchip them within 7 days, regardless of age (CAA s 51(1A)(d)).

Day-to-day control requirements

These requirements apply from the date the declaration takes effect and continue while it remains in force.

When outside your property

• Your dog must be under the effective control of a competent person using an adequate chain, cord or leash.
• Your dog must be muzzled in a way that prevents biting (CAA s 51(1A)(c)).

When on your property

• If your dog is not under the effective control of someone aged 18 or over, they must be securely enclosed.
• The enclosure must be sufficient to restrain the dog and prevent a child from accessing the dog (CAA s 51(1A)(b)).

Supervision

• Your dog cannot be left in the sole charge of someone under 18.

Collar

Your dog must wear the prescribed red and yellow striped collar (CAA s 51(1A)(d)).

A collar must (CAR cl 34):

• consist of red stripes alternatively spaced with yellow stripes, each stripe being 25 millimetres wide and set diagonal to the rim of the collar at an angle of 45 degrees, and all of the stripes of at least 1 of the 2 colours are sufficiently reflective so as to be visible in low light, and
• be made of durable materials, and
• be able to be securely fastened, and
• have a device or other facility that enables it to be attached to a leash, and
• have a minimum width of 25mm (if dog is under 20kg), or 40mm (if dog is between 20kg and 40kg), or 50mm (if dog is over 40kg).

Signage

You must display one or more signs stating “Warning Dangerous Dog” clearly visible from your property boundary (CAA s 51(1A)(d)).

A sign must (CAR cl 33):

• be no smaller than 40 centimetres × 40 centimetres, and
• be made of durable materials, and
• show the words “Warning Dangerous Dog” in either lower case or upper case letters that are each at least 50 millimetres high and 10 millimetres wide, and
• be situated so that the words “Warning Dangerous Dog” are legible to any person immediately before entering the property by way of any gate, door or other entry point.

Explore muzzle options to find the right fit for your dog.

A qualified animal behaviour professional can help with muzzle training and other behavioural challenges.

You cannot sell, gift, or re-home the dog

It is an offence to:

• Sell, give away, or advertise the dog for sale (CAA s 52A), or
• Accept ownership of a menacing dog (CAA s 52B).

You may surrender the dog to a council pound or approved animal welfare organisation, however it cannot then be sold to a new owner (CAA s 52A(2)).

Notification requirements

You must notify (CAA s 51(1A)(d)):

• Your local council within 24 hours if your dog attacks or injures a person or animal.
• Your local council within 24 hours if your dog cannot be found.
• Your council as soon as practicable if your dog dies or is moved within or to another council area.
• The new council if you intend to keep your dog in its area.

Can the declaration be revoked?

There is no right of appeal to the Local Court against a council-issued menacing dog declaration (CAA s 41 Note).

However, you may apply to council to revoke the declaration after 12 months from the date of declaration (CAA s 39).

Council may revoke the declaration only if satisfied that:

• It is appropriate to do so, and
• If council considers it necessary, the dog has undergone appropriate behavioural training (CAA s 39(2)–(2A)).

When deciding whether revocation is appropriate, council must consider the nature and extent of any behavioural training your dog has completed.

Council must notify you of its decision as soon as practicable. Until a declaration is revoked, all control requirements continue to apply.

For training and behaviour support that may assist with revocation, contact a qualified animal behaviour professional.

If you do nothing

If you do not comply with the control requirements, penalties can include fines, imprisonment, and disqualification from owning a dog.

Dogs may also be seized or destroyed in cases of severe non-compliance.

Authorised officers also have powers to inspect property to assess compliance.

Support options

References

At a glance

If your dog has been formally declared a dangerous dog, the declaration takes legal effect from the date stated in the notice, or when the notice is given, whichever is later (CAA s 38(3)).

• Most compliance requirements begin immediately, even if you intend to appeal (CAA s 41(3)).
• You have 28 days to lodge an appeal in the Local Court (CAA s 41).
• You must start meeting control, enclosure, and notification duties straight away (CAA s 51).

What you must do now

You must ensure:

• The dog is muzzled and leashed whenever outside its enclosure (CAA s 51(1)(e)).
• The dog is not in the sole charge of a person under 18 (CAA s 51(1)(b)).
• The dog wears the prescribed red and yellow striped collar at all times (see details below).
• “Warning Dangerous Dog” signs are displayed on the property (see details below).
• The dog is kept in an enclosure that prevents escape and prevents a child accessing the dog (see details below).

You must also:

• Register the dog within 7 days (if not already registered) (CAA s 51(1)(k)).
• Obtain the required annual permit within 7 days (CAA s 11C; s 51(1)(l)).
• Desex the dog within 28 days, unless that requirement is stayed because you have lodged an appeal (CAA s 51(1)(a)).

When outside the enclosure, your dog must be under the effective control of a competent person by leash. If one of the dogs is the declared dangerous dog, that person cannot have more than two dogs under control (CAA s 51(1)(e)).

Enclosure requirements

You have 3 months from the declaration date to construct a fully compliant enclosure (CAA s 51(1)(c)).

The enclosure must meet detailed regulation standards, including the following:

• A fully enclosed structure that is built and maintained so the dog cannot dig, climb, or escape under, over, or through it (CAR cl 32(2)(a)).
• Access controls so a person cannot enter without help from an occupier aged 18 or older, with the enclosure designed to prevent child access and positioned so others do not need to pass through it to reach other parts of the property (CAR cl 32(2)(b)-(d)).
• Minimum dimensions of 1.8m high and 1.8m wide, and at least 10 square metres of area for each declared dangerous or restricted dog kept on the property (CAR cl 32(2)(e)-(f)).
• Walls fixed to the floor with no more than 50mm gap, and walls/roof/gate made from solid materials, compliant mesh, or a combination of both (CAR cl 32(2)(g)-(h)).
• If mesh is used, it must be chain mesh (minimum 3.15mm wire) or weldmesh (minimum 4mm wire), each with maximum 50mm spacing (CAR cl 32(4)(a)-(b)).
• A sealed concrete floor graded to a drain for effluent removal, plus a weatherproof sleeping area large enough for each dog to shelter (CAR cl 32(2)(i)-(j)).
• A gate with a self-closing and self-latching mechanism, kept locked when the dog is inside, and displaying the required warning sign (CAR cl 32(3)(a)-(c); cl 33).

You must also obtain a certificate of compliance for the enclosure (CAA s 58H(1)). There is a fee of $150 for issuance of a compliance certificate (CAR cl 36).

Until that enclosure is built, the dog must be kept in an enclosure that is sufficient to restrain the dog and prevent child access (CAA s 51(1)(c1)).

The dog should be generally kept in the prescribed enclosure (CAA s 51(1)(c)) and whenever outside of its enclosure on the property, it must be under the effective control of a competent person with a leash and muzzle (CAA s 51(1)(e)).

Other day-to-day control requirements

These requirements apply from the date the declaration takes effect and continue while it remains in force.

Collar

Your dog must wear the prescribed red and yellow striped collar (CAA s 51(1)(d1)).

A collar must (CAR cl 34):

• consist of red stripes alternatively spaced with yellow stripes, each stripe being 25 millimetres wide and set diagonal to the rim of the collar at an angle of 45 degrees, and all of the stripes of at least 1 of the 2 colours are sufficiently reflective so as to be visible in low light, and
• be made of durable materials, and
• be able to be securely fastened, and
• have a device or other facility that enables it to be attached to a leash, and
• have a minimum width of 25mm (if dog is under 20kg), or 40mm (if dog is between 20kg and 40kg), or 50mm (if dog is over 40kg).

Signage

You must display one or more signs stating “Warning Dangerous Dog” clearly visible from your property boundary (CAA s 51(1)(d)).

A sign must (CAR cl 33):

• be no smaller than 40 centimetres × 40 centimetres, and
• be made of durable materials, and
• show the words “Warning Dangerous Dog” in either lower case or upper case letters that are each at least 50 millimetres high and 10 millimetres wide, and
• be situated so that the words “Warning Dangerous Dog” are legible to any person immediately before entering the property by way of any gate, door or other entry point.

Explore muzzle options to find the right fit for your dog.

A qualified animal behaviour professional can help with muzzle training and other behavioural challenges.

Notification requirements

You must notify council:

• Within 24 hours if the dog attacks or injures a person or animal (CAA s 51(1)(i)).
• Within 24 hours if the dog is missing (CAA s 51(1)(i)).
• As soon as practicable if the dog dies or is moved.
• Before moving the dog into another council area (CAA s 51(1)(j)).

Sale, transfer and breeding

It is an offence to:

• Sell or advertise the dog for sale (CAA s 52A).
• Accept ownership of a dangerous dog (CAA s 52B).

Because desexing is mandatory, lawful breeding is not permitted (CAA s 51(1)(a)).

Your right to appeal

You may appeal the declaration to the Local Court within 28 days after notice is given (CAA s 41(1)-(2)).

An appeal does not suspend the dangerous dog status or most control requirements (CAA s 41(3)).

The desexing requirement is stayed while the appeal is pending (CAA s 51(1)(a)).

The Court may confirm or revoke the declaration (CAA s 42).

Contact an experienced animal behaviour assessor as soon as possible to allow time for the assessment to be completed within the required timeframe.

If you need legal advice, explore the legal support options below.

Can the declaration be revoked?

You may apply to council to revoke the declaration after 12 months from the date of declaration (CAA s 39).

Council may revoke the declaration only if satisfied that:

• It is appropriate to do so, and
• If council considers it necessary, the dog has undergone appropriate behavioural training (CAA s 39(2)–(2A)).

When deciding whether revocation is appropriate, council must consider the nature and extent of any behavioural training your dog has completed.

Council must notify you of its decision as soon as practicable. Until a declaration is revoked, all control requirements continue to apply.

For training and behaviour support that may assist with revocation, contact a qualified animal behaviour professional.

If you do nothing

If you do not comply with the control requirements, penalties can include fines, imprisonment, and disqualification from owning a dog.

Dogs may also be seized or destroyed in cases of severe non-compliance (CAA s 36, 48, 52).

Authorised officers also have powers to inspect property to assess compliance.

Support options

References