Menacing & Dangerous Dogs: Victoria Guide

At a glance

The council has formally notified you that it proposes to declare your dog as menacing.

• The council must allow you the opportunity to make written and/or oral submissions before deciding (DAA s 41B(1)(b)).
• Your notice will specify the timeframe for making a submission.
• Menacing dog control requirements only apply after a declaration is made.

What is a proposed declaration?

A proposed declaration is a formal notification from your council that it intends to consider declaring your dog as menacing. It does not mean that a declaration has been made, nor that one is guaranteed.

The council may propose a menacing dog declaration if it believes your dog meets one or more of the following criteria (DAA s 41A(1)):

• Has rushed at or chased a person, or
• Has bitten any person or animal causing injury that is not in the nature of a serious injury, or
• Has been declared a menacing dog under a corresponding law in another Australian State or Territory.

The council must not make a menacing dog declaration (DAA s 41A(2)) if the incident occurred because:

• The dog was being teased, abused, or assaulted, or
• The person was trespassing on premises where the dog was being kept, or
• Another person known to the dog was being attacked in front of the dog.

The notice should include the deadline and instructions for making a submission, and may include additional information about the incident, proposed restrictions, and other compliance obligations. The Act does not prescribe specific content requirements for the proposal notice (DAA s 41B(1)).

What you must do now

Unlike some other Australian States, no specific interim control requirements apply during the proposal period in Victoria. However, your general obligations for responsible pet ownership under the Act continue to apply.

Your dog must remain under effective control when in a public place and must not be allowed to wander at large (DAA s 24).

While these requirements exist regardless of the proposal, it is particularly important to comply at this time. Any further incidents may strengthen the council's case for declaration.

If your dog is not already registered and microchipped, consider attending to this now (DAA s 10, s 19).

If a declaration is ultimately made, the council may impose muzzle and leash requirements. You may wish to begin muzzle training early to reduce stress on your dog and provide peace of mind for you and your family.

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 make a submission

You have the right to make both written and oral submissions to the council before it decides whether to declare your dog menacing (DAA s 41B(1)(b)).

The Act does not prescribe a specific timeframe for submissions; this is set by your council. Check your proposal notice for the deadline, and contact the council promptly if it is unclear.

The council must consider any material submitted before making a declaration (DAA s 41B(2)).

There are no prescribed requirements for the format or content of a submission. 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 make a written submission, ensure it is submitted to the council within the required timeframe. Keep a copy for your records and request written confirmation of receipt.

If the council offers the opportunity for an oral submission, prepare your key points in advance and consider bringing a support person.

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

The council must consider any submissions you make before deciding whether to proceed with the declaration (DAA s 41B(2)).

There is no statutory timeframe within which the council must make its decision. If you have not received a decision within a reasonable period, contact the council for an update.

If the council proceeds with the declaration, it must serve written notice on you, either in person or by registered post, within 7 days of making the declaration. The notice must include the reasons for the declaration (DAA s 41C(2)).

Applications for review of the decision can be made to the Victorian Civil and Administrative Tribunal (VCAT) within 28 days of a declaration (DAA s 98(2)).

Support options

References

At a glance

The council has formally notified you that it proposes to declare your dog as dangerous.

• The council must allow you the opportunity to make written and/or oral submissions before deciding (DAA s 35(2)(b)).
• Your notice will specify the timeframe for making a submission.
• Dangerous dog control requirements only apply after a declaration is made.

What is a proposed declaration?

A proposed declaration is a formal notification from your council that it intends to consider declaring your dog as dangerous. It does not mean that a declaration has been made, nor that one is guaranteed.

The council may propose a dangerous dog declaration if it believes your dog meets one or more of the following criteria (DAA s 34(1)):

• Has caused the death of or serious injury to a person or animal by biting or attacking, or
• Is a menacing dog whose owner has received at least 2 infringement notices for failing to comply with menacing dog restraint requirements, or
• Has been declared a dangerous dog under a corresponding law in another Australian State or Territory, or
• Has been the subject of 2 or more findings of guilt or infringement notices for rushing at, chasing, or biting a person or animal without causing serious injury.

The council must not make a dangerous dog declaration (DAA s 34(2)) if the incident occurred because:

• The dog was being teased, abused, or assaulted, or
• The injured person or animal was trespassing on premises where the dog was being kept, or
• Another person known to the dog was being attacked in front of the dog, or
• The dog was taking part in a hunt conducted in accordance with the Prevention of Cruelty to Animals Act 1986.

The notice should include the deadline and instructions for making a submission, and may include additional information about the incident, proposed restrictions, and other compliance obligations. The Act does not prescribe specific content requirements for the proposal notice (DAA s 35(2)).

Note that a dog is also automatically deemed dangerous, without a council proposal, if it is kept or has been kept as a guard dog, or has been trained to attack or bite (DAA s 34A). If this applies to your dog, the proposal process does not apply, and the control requirements for dangerous dogs apply by operation of law.

What you must do now

Unlike some other Australian States, no specific interim control requirements apply during the proposal period in Victoria. However, your general obligations for responsible pet ownership under the Act continue to apply.

Your dog must remain under effective control when in a public place and must not be allowed to wander at large (DAA s 24).

It is strongly recommended that you keep your dog securely contained on your property when not under direct supervision, and that you avoid any situations that could lead to further incidents.

If your dog is not already registered and microchipped, attend to this immediately (DAA s 10, s 19).

If a declaration is made, comprehensive control requirements will take effect, including muzzling, leashing, prescribed enclosure, collar, and signage obligations. You may wish to begin preparing for these requirements now.

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 make a submission

You have the right to make both written and oral submissions to the council before it decides whether to declare your dog dangerous (DAA s 35(2)(b)).

The Act does not prescribe a specific timeframe for submissions; this is set by your council. Check your proposal notice for the deadline, and contact the council promptly if it is unclear.

The council must consider any material submitted before making a declaration (DAA s 35(3)).

There are no prescribed requirements for the format or content of a submission. 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 make a written submission, ensure it is submitted to the council within the required timeframe. Keep a copy for your records and request written confirmation of receipt.

If the council offers the opportunity for an oral submission, prepare your key points in advance and consider bringing a support person.

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

The council must consider any submissions you make before deciding whether to proceed with the declaration (DAA s 35(3)).

There is no statutory timeframe within which the council must make its decision. If you have not received a decision within a reasonable period, contact the council for an update.

If the council proceeds with the declaration, it must serve written notice on you, either in person or by registered post, within 7 days of making the declaration. The notice must include the reasons for the declaration (DAA s 36(2)).

Applications for review of the decision can be made to the Victorian Civil and Administrative Tribunal (VCAT) within 28 days of a declaration (DAA s 98(2)).

Support options

References

At a glance

• Your declaration notice will specify the control requirements that apply to your dog, which may include muzzle and leash requirements when outside your premises.
• You must notify the council within 24 hours if there are changes to the dog's regular location, if it rushes at a person, or is missing (DAA s 41D).
• You have the right to apply to the Victorian Civil and Administrative Tribunal (VCAT) for review of the council's decision to declare your dog menacing within 28 days of the decision (DAA s 98(2)(aa)).
• A menacing dog declaration can be revoked by the council at a later date (DAA s 41A(3)).

What you must do now

When the declaration takes effect, you must comply with the specific requirements set out in your declaration notice.

Muzzle and leash (if specified in your notice)

The council may have included a requirement for your dog to be muzzled and/or under effective control by chain, cord, or leash when outside your premises (DAA s 41E(1)).

Read your declaration notice carefully to confirm which, if any, of these requirements apply to your dog. Unlike dangerous dog declarations, muzzle and leash requirements for menacing dogs are not automatic; they must be specifically imposed by the council in the notice.

If your notice includes muzzle or leash requirements, these apply whenever your dog is outside your premises once the declaration takes effect. Failure to comply is an offence (DAA s 41E(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.

Registration and microchipping

Your dog must be implanted with a prescribed permanent identification device (microchip) and registered with your council (DAA s 10, s 19).

You must forward your dog's microchip information to the council within 7 days of the declaration being made (DAR reg 24).

Notification requirements

You must notify the council (DAA s 41D) within 24 hours if:

• Your dog rushes at or chases a person.
• Your dog is missing.
• Your address changes.
• The place where the dog is kept changes.
• Ownership of the dog changes.
• You move to a different municipal district.

Sale and transfer

Unlike dangerous dogs, there is no statutory prohibition on selling or transferring a menacing dog in Victoria. However, you must notify the council within 24 hours if ownership changes (DAA s 41D(c)).

The Domestic Animals Act does not require you to disclose the menacing dog status to a new owner, although doing so is strongly recommended.

There is no statutory prohibition on breeding a menacing dog.

Your right to seek review

You may apply to the Victorian Civil and Administrative Tribunal (VCAT) for review of the council's decision to declare your dog menacing (DAA s 98(2)(aa)).

The application must be made within 28 days of the decision, or within 28 days of receiving a statement of reasons if you have requested one (DAA s 98(2A)).

The declaration is automatically stayed during this 28-day period and, if you apply to VCAT, until the Tribunal makes its determination (DAA s 98(3)). VCAT may confirm or set aside the declaration.

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?

Yes. The council may revoke a menacing dog declaration at its discretion (DAA s 41A(3)).

The Act does not prescribe a minimum waiting period or specific criteria for revocation. You may contact your council at any time to discuss whether revocation may be appropriate.

Evidence of ongoing behavioural training and a demonstrated commitment to responsible management may support a revocation application. Until a declaration is revoked, all requirements specified in your notice 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 specified in your declaration notice, you may face fines.

If you receive 2 or more infringement notices for failing to comply with the muzzle or leash requirements in your menacing dog notice (DAA s 41E), the council may escalate and declare your dog a dangerous dog (DAA s 34(1)(b)).

A dangerous dog declaration carries significantly stricter requirements, including a prescribed enclosure, collar, signage, desexing, and permanent muzzle and leash obligations, and it cannot be revoked (DAA s 34(4)(b)).

Authorised officers also have powers to enter non-residential premises, inspect, and seize dogs in certain circumstances (DAA s 74(2), s 84).

Support options

References

At a glance

• Once the declaration takes effect, strict control requirements apply across Victoria (DAA s 34(4)(a)), including muzzling, leashing, a prescribed enclosure, collar, and signage obligations.
• You have the right to apply to the Victorian Civil and Administrative Tribunal (VCAT) for review of the council's decision to declare your dog dangerous within 28 days of the decision (DAA s 98(2)(aa)).
• A dangerous dog declaration cannot be revoked once it takes effect (DAA s 34(4)(b)). Your only option to challenge the declaration is VCAT review within 28 days.

What you must do now

The following requirements apply once the declaration takes effect.

Desexing

The council must not register or renew the registration of a dangerous dog unless the dog is desexed (DAA s 10A(4)(a)). As registration is mandatory, you must arrange desexing before the declaration takes effect.

Exceptions apply in limited circumstances, including guard dogs for non-residential premises, dangerous dogs that have undergone protection training, or where a veterinarian advises that desexing would be prejudicial to the dog's health (DAA s 10B(1)).

Registration and microchipping

Your dog must be implanted with a prescribed permanent identification device (microchip) and registered with your council (DAA s 10, s 19).

You must forward your dog's microchip information to the council within 7 days of the declaration being made (DAR reg 24). Registration must be renewed annually by 10 April (DAA s 11).

Day-to-day control requirements

These requirements apply once the declaration takes effect and continue for the life of the declaration.

When on your premises

• If your dog is inside a dwelling, it must be confined so that it cannot escape, and a person cannot enter the dwelling without being admitted by an occupier aged 18 or over (DAA s 38(1)(a)).
• If your dog is not inside a dwelling, it must be kept in a prescribed enclosure that meets specific standards (see enclosure requirements below) (DAA s 38(1)(b)–(c)).

When outside your premises

• Your dog must be muzzled in a manner sufficient to prevent it causing injury by biting (DAA s 41(1)(a)).
• Your dog must be under the effective control of some person by means of a chain, cord, or leash (DAA s 41(1)(b)).

Signage

You must display warning signs at all entrances to the premises where your dog is kept, warning people that a dangerous dog is on the premises (DAA s 39).

The signs must (DAR reg 15, Schedule 2):

• be square, at least 40 centimetres × 40 centimetres, and
• be made of durable materials, and
• contain at least one colour that reflects light in the dark, and
• be similar to the sign illustrated in Schedule 2 of the Regulations, which includes a graphic of a dog's head inside a red circle with a diagonal slash.

Collar

Your dog must wear the prescribed red and yellow striped collar at all times (DAA s 40).

The collar must (DAR reg 16):

• consist of red stripes alternately spaced with yellow stripes, each between 20 and 30 millimetres wide and set diagonally, with at least one colour sufficiently reflective to be visible in the dark, and
• be made of durable materials, and
• be able to be securely fastened, and
• have a device or facility that enables it to be attached to a leash, and
• have a minimum width of 25mm (if dog is 40kg or under) or 50mm (if dog is over 40kg).

Your dog must also wear the standard council identification marker when outside your premises (DAA s 20(1)).

Enclosure requirements

When your dog is on your premises and not inside a dwelling, it must be kept in a prescribed enclosure (DAA s 38).

The enclosure must meet the following standards (DAR reg 14):

• Be fully enclosed (DAR reg 14(2)(a)).
• Walls must be fixed to the floor with no more than 50mm gap (DAR reg 14(2)(b)).
• Walls, roof, and gate must be constructed of brick, timber, iron, or mesh, or a combination (DAR reg 14(2)(c)).
• If mesh is used, it must be chain mesh (minimum 3.15mm wire) or welded mesh (minimum 4mm wire), each with a maximum spacing of 50mm (DAR reg 14(4)).
• The floor must be sealed concrete graded to fall to a drain for the removal of effluent (DAR reg 14(2)(d)).
• The gate must have a self-closing and self-latching mechanism and be kept locked when the dog is inside (DAR reg 14(2)(e)).
• Must provide a weatherproof sleeping area large enough for the dog to shelter (DAR reg 14(1)(c)).
• Minimum height and width of 1.8 metres (DAR reg 14(1)(a)).
• Minimum area of 10 square metres per dog kept in the enclosure (DAR reg 14(1)(b)).

The Act does not prescribe a grace period to construct the enclosure after a declaration is made. You should begin planning and constructing your enclosure during the 28-day stay period so it is ready when the declaration takes effect.

Whenever your dog is outside its enclosure on the premises but not inside a dwelling, it must be under the effective control of a competent person by means of a chain, cord, or leash, and muzzled (DAA s 38, s 41).

Notification requirements

You must notify the council (DAA s 37(2)) within 24 hours if:

• Your dog is missing.
• Your address changes.
• The place where the dog is kept changes.
• Ownership of the dog changes.
• You move to a different municipal district.

Sale, transfer, and breeding

Victoria does not impose an absolute prohibition on transferring a dangerous dog. However, before any sale or transfer, you must advise the other person in writing that the dog is a dangerous dog (DAA s 37A).

Because desexing is effectively mandatory for registration, lawful breeding is not possible unless your dog falls under a limited statutory exemption (DAA s 10A(4)(a), s 10B).

Your right to seek review

You may apply to the Victorian Civil and Administrative Tribunal (VCAT) for review of the council's decision to declare your dog dangerous (DAA s 98(2)(a)).

The application must be made within 28 days of the decision, or within 28 days of receiving a statement of reasons if you have requested one (DAA s 98(2A)).

The declaration is automatically stayed during this 28-day period and, if you apply to VCAT, until the Tribunal makes its determination (DAA s 98(3)). VCAT may confirm or set aside the declaration.

This is your only opportunity to challenge the declaration. Because a dangerous dog declaration cannot be revoked once it takes effect, missing the 28-day deadline means the declaration and all associated requirements remain in force permanently.

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?

No. A dangerous dog declaration cannot be revoked, amended, or otherwise altered once it takes effect (DAA s 34(4)(b)).

This is a critical difference from menacing dog declarations, which can be revoked by council. If your dog has been declared dangerous, the declaration and all associated control requirements remain in force for the life of the dog.

Your only option to challenge the declaration is to apply to VCAT for review within 28 days of the decision being made.

If you do nothing

If you do not comply with the control requirements, penalties can include significant fines and imprisonment.

If a dangerous dog attacks or bites causing death or serious injury, the owner and person in apparent control are each liable for up to 120 penalty units or 6 months imprisonment (DAA s 29(1)–(2)).

Other offences include penalties for breach of enclosure requirements (DAA s 38), failure to muzzle or leash (DAA s 41), failure to wear the prescribed collar (DAA s 40), and failure to display warning signs (DAA s 39).

Dogs may also be seized or destroyed. An authorised officer may immediately destroy a dangerous dog found at large if they reasonably believe the owner is guilty of an offence (DAA s 84TC(1)). An officer may also destroy any dog behaving in a manner likely to cause imminent serious injury or death (DAA s 84TB(1)).

A court may also order disqualification from owning a dog for up to 10 years (DAA s 84XA).

Support options

References