Is This The End Of Any And All Trials In Victoria?

[KismetKat]

Am reposting this in this forum as it is perhaps the more appropriate place to get the attention the matter deserves.

The Domestic Animals Act in Victoria was amended in September 2010 - and while many of you will be aware of the more obvious worriesome changes to the legislation, there seems to be an even MORE worrying change that has gone unnoticed.

That is, dogs undergoing obedience/agility training or trials, dogs retrieving, dogs herding livestock etc. are NO LONGER exempt from leash laws on public land.

Yep - unless the public land is designated as off-leash, your dog must be leashed.

There used to be a section (which I can no longer find) that pointed to section 20 as a list of circumstances in which dogs were exempt from local leash laws. That section I can no longer find. Section 20 now reads as merely an exemption from needing to wear council registration tags.

This has come to light as our recently formed dog obedience/agility club (which basically is just a newly named club that has taken over from a club that has used the same park for years) has been told off my the local ranger for working dogs off lead in an on lead park. We pointed him to section 20 for the exemption, but he has now come back to us and not only said "that just means rego tags" but has also decided that, under the Act, we also must be registered as an "animal business".

Perhaps I have gone blind and just can't find the relevant section that extended the list of circumstances in section 20 to leash laws - if so please point me in the right direction.

But if this ranger is right this has SERIOUS consequences for any and all dog sport/training in Victoria that is conducted on public land.

Edited October 24, 2010 by KismetKat

[Erny]

(2) Subsection (1) does not apply to-

...

(e) a dog while it is being trained for or is participating in obedience

trials or classes, retrieving game, hunting or some other customary

sporting activity and is under the effective control of a responsible

person; or

I would have thought this would cover you ???

Edited October 23, 2010 by Erny

[KismetKat]

can you find that subsection under the current Act erny?

here is a link

[Erny]

That was the current act, KismetKat - although I see (yet again) that I am missing the fact that it relates to the wearing of the Council registration tags and not to some exemption for being off lead inside an on-lead area whilst training.

I don't recall there being a State Government regulation/legislation for this exemption though

[KismetKat]

Erny the point is that a section dealing with leash laws USED to point to that section as an exemption. It is the 'pointing' section that I can no longer find and suspect no longer exists.

Why has a change to the Act, that affects virtually EVERY obedience club in the State gone unnoticed???

[JulesP]

Wouldn't most clubs have agreement with their councils though to run the clubs in the first place??? I know we have to get agreement for extra/different days.

[KismetKat]

Jules - clubs have a permit from council for use of park - but it was never up to council to grant exemptions about leash laws as it was covered by the State Act (which takes precedence).

Jeesh - if clubs have to individually negotiate...

and it is just not clubs affected. Think! A farmer cannot herd his flock across a public road without putting working dogs on leash.

[JulesP]

As far as I am aware Kismet, in Victoria it is the local council that decides on leash laws.

[KismetKat]

As far as I am aware Kismet, in Victoria it is the local council that decides on leash laws.

Yes they do - but under the Act (prior sept 2010) circumstances as defined under section 20 were exempt. State Law overrides council law.

[bedazzledx2]

Have you contacted Dogs Victoria? Surely that would affect all affiliate clubs and trials so they would need to take a proactive position on this.

[KismetKat]

OK - thanks to a DOLer who sent me the old version of the Act (where the exemption was easier to find) I have now found it in the revised version - thank goodness! See section 26

which reads

(2) A Council may by resolution make an order under this section which may do

all or any of the following-

...

(i) conditions as to the means of restraint of dogs or cats;

and then

...

(4) A condition made under subsection (2)(b)(i) does not apply to a dog in any

of the circumstances listed in section 20(2).

and 20 (2) includes

a dog while it is being trained for or is participating in obedience

trials or classes, retrieving game, hunting or some other customary

sporting activity and is under the effective control of a responsible

person; or

Phew! Now we just have to get out of them wanting us to register as an "animal business"

[Natsu chan]

KK thank heaven for that! I think my heart stopped for a moment when I first read your post in general.

[KismetKat]

It was throwing me for six too Natsu.

Some further digging in the Act and we can now get him on this ridiculous "animal business" stuff - the Act has a number of definitions including this one

domestic animal business means-

(a) an animal shelter, Council pound or pet shop; or

(b) an enterprise that is run for profit which carries out all or any of

the following activities-

(i) the breeding of dogs or cats, where-

(A) the enterprise has 10 or more fertile female animals of

either or both species; or

(B) the enterprise has less than 10 fertile female animals

but the owner is not a member of an applicable

organisation; or

(ii) the rearing, training or boarding of dogs or cats;

and guess who has been giving us all this grief? Not the ranger at all, it's Council's "Bylaws Officer".

The bloke needs to be sacked for incompetence!

Edited October 24, 2010 by KismetKat

[Cosmolo]

Although by the definition mentioned we're not a DAB- we had to register as one too for a numbr of councils- they are all different in what they require. Hopefully the 'not for profit' nature of the organisation can help you.

[KismetKat]

Probably their interpretation of item ii Cosmolo

"(ii) the rearing, training or boarding of dogs or cats;"

Now, how many for-profit cat-trainers are there out there???

[Natsu chan]

KK I think you'll find that there's an exemption for sporting clubs too not sure where but in state or federal regs. Other wise there would be no local footy club, little aths or anything since most of those would be lucky to break even.

[Luke W]

Cool - so if my dog is

"being trained for or is participating in obedience

trials or classes, retrieving game, hunting or some other customary

sporting activity and is under the effective control of a responsible

person"

I'm exempt from on-leash laws.

Awesome!

This really does mean - that I can train my dog - off-leash - anywhere.

Edited October 25, 2010 by Luke W

[PossumCorner]

I think not Luke.

I'd love to see you try it on to test the rules and create a precedent for us. But "You can't fight City Hall".

(I'd love to see KK seek legal advice to sue the bullying Council heavy for causing stress and anguish with threats, but same applies).

And I'm concerned if owners of untrustworthy dogs try it on to test the rules and the dogs cause some havoc.

That would bounce back on us all so bad, which it already has in a sense.

[Luke W]

I think not Luke.

I'd love to see you try it on to test the rules and create a precedent for us. But "You can't fight City Hall".

(I'd love to see KK seek legal advice to sue the bullying Council heavy for causing stress and anguish with threats, but same applies).

And I'm concerned if owners of untrustworthy dogs try it on to test the rules and the dogs cause some havoc.

That would bounce back on us all so bad, which it already has in a sense.

It's all there in black and white If I ever get fined for being off-lead - you can be sure I'll be whipping out the legislation!

Edited October 26, 2010 by Luke W

[kelpiechick]

It's all there in black and white If I ever get fined for being off-lead - you can be sure I'll be whipping out the legislation!

But the wording before that says councils may do all or any of the following , so I think there might be different agreements for some sporting clubs rather than just for general public use of grounds.

I know on Fridays at ADCV for instance that as we are using an on lead oval, technically the only times a dog may be offlead is when under full control of an instructor in the ring. When I first joined there the lights used to be kept on for 10 mins after packing up for anyone who wanted to let their dogs run together but then we found out that was actually in breach of our council agreement so it was stopped.

ETA - dammit I can't bold with one hand

Edited October 26, 2010 by kelpiechick