Frequently Asked Questions – Restricted Breed Dogs

[Sticky]

New on the DPI website. No insight on how the standard should be applied though.

Frequently Asked Questions – Restricted Breed Dogs

http://new.dpi.vic.gov.au/pets/dog-care/restricted-breed-dogs/frequently-asked-questions-restricted-breed-dogs

S

[Cosmolo]

Scary

[sandgrubber]

New on the DPI website. No insight on how the standard should be applied though.

Frequently Asked Questions – Restricted Breed Dogs

http://new.dpi.vic.g...cted-breed-dogs

S

It strongly suggests that how the standard will be applied is up to local authorities. From what I can figure out, wandering dogs don't get appeals, so if your pedigree AmStaff gets out, it may be PTS without notification. If the Ranger involved is responsible, and your dog has tags or is chipped, your dog has a chance, but not a guarantee.

Below are a few bits about the appeals process, including, most importantly, phone numbers (bold, red italics below). Looks like the procedure is to IMMEDIATELY request the reasons from Council, and use council's reasons as the basis for appeal.

18) My dog has been declared a restricted breed, what do I do now?

The Authorised Officer must notify you in writing that your dog has been declared a restricted breed. At this point, you have the right to request from Council the reason why your dog has been declared a restricted breed.

You can appeal the declaration that your dog a restricted breed dog by appealing this decision at the Victorian Civil and Administrative Tribunal within 28 days of receiving the declaration. Phone (03) 9628 9830 or Toll Free 1800 133 055 (country callers only).

... If VCAT overturns the decision your dog will NOT be a restricted breed dog, but if VCAT uphold the decision your will be a restricted breed dog.

20) I have DNA testing that outlines what breed my dog is, what do I do with this?

Provide this to the Council officer for consideration but the officer is not obliged to make a decision based on such laboratory evidence alone. He will use the approved standard to make a final decision as to declaration of your dog as a restricted breed type. You have a right to appeal the declaration at VCAT and this is where your legal representative would use such DNA evidence.

Edited September 7, 2011 by sandgrubber

[Linda K]

these bits are just charming

11) Can my local council help me identify what sort of dog I have?

Yes, contact your local council for help.

The Standard for Restricted Breed Dogs in Victoria is the legislated guide for Authorised Officers. If you read the standard and think your dog may fit the standard then so might an officer.

If it is an American Staffordshire Terrier crossbreed and fits the 'approved standard' then it will be declared a restricted breed dog. You have the right to appeal this declaration at VCAT and will need to provide evidence of the dog's parentage and breeding.

[Linda K]

This could also impact some people

# What if I live interstate but want to bring my restricted breed dog to Victoria to visit? Am I affected by the new laws?

Yes, if your dog is in Victoria it is required to meet Victorian law. Therefore, while in Victoria a council can declare the dog.

A council can chose to seize the dog immediately and serve a written notice within 7 days - the notice goes to the place where the dog is residing (within Victoria- when found).

OR

Once an officer can chose to allow the owner to keep the dog but serve a written notice (must be to residence where the dog is residing in Victoria).

If you leave the state with the dog and do not respond to the declaration then your dog will be deemed to be a restricted breed dog and should it enter the state again will be able to be immediately seized and destroyed.

You may choose to challenge the declaration and would do so exactly like a Victorian owner through VCAT.

If the Council chose to seize the dog the obligation will be for your to challenge the declaration through the VCAT process.

[Zhou Xuanyao]

Check this one out

20) I have DNA testing that outlines what breed my dog is, what do I do with this?

Provide this to the Council officer for consideration but the officer is not obliged to make a decision based on such laboratory evidence alone. He will use the approved standard to make a final decision as to declaration of your dog as a restricted breed type. You have a right to appeal the declaration at VCAT and this is where your legal representative would use such DNA evidence.

The council officer knows better. What is a more credible way to determine a dogs breed, the councils "approved standards", or DNA evidence ? Hmmm, that's a tough one.

[Quickasyoucan]

Check this one out

20) I have DNA testing that outlines what breed my dog is, what do I do with this?

Provide this to the Council officer for consideration but the officer is not obliged to make a decision based on such laboratory evidence alone. He will use the approved standard to make a final decision as to declaration of your dog as a restricted breed type. You have a right to appeal the declaration at VCAT and this is where your legal representative would use such DNA evidence.

The council officer knows better. What is a more credible way to determine a dogs breed, the councils "approved standards", or DNA evidence ? Hmmm, that's a tough one.

So that means that, given that some people have already stated that their pedigreed SBT's fit the standard, if they did not get papers but have a DNA test stating that is a purebred SBT, the dog can still be deemed a pitbull type? Sound like they American take on things where anything bully is a "pitbull".

Basically it would appear they are going after anything that is a bull type breed.

I think the moral of that story for out of towners would be don't visit Victoria with your dog if it remotely looks bully in any way, purebred, cross, or whatever.

ETA: I just cannot see how it would stand up in court if your DNA test says your dog is say an SBT x ridgeback with not hint of American Staffordshire in the genetic markers that it could be deemed a pitbull x. I guess the key word here is "type" the catch all term.

I suppose we should also start arresting people who look a bit dodgy on the grounds they are a criminal "type". Seriously beggars belief.

I foresee lots of legal challenges same as in QLD.

Edited September 7, 2011 by Quickasyoucan

[GeckoTree]

I forsee a lot of temp workers getting there blocks knocked off!

[Zhou Xuanyao]

Basically it would appear they are going after anything that is a bull type breed.

Yep, unless it has an ANKC pedigree, or paper work signed by a "veterinary practitioner"

I think people are going to given them hell, both on a legal and personal level, hopefully it "curbs their enthusiasm".

[zayda_asher]

Here is a flow chart of the process... I don't think that's included with the FAQ, although it may be on the site:

Edited September 7, 2011 by zayda_asher

[GeckoTree]

Its on another pdf, I tried to screen shot it aswell, my comp must be a dud

I am actually looking forward to vics VCAT being bombarded. It's so defunct this stuff.

[RubyBlue]

Yep, unless it has an ANKC pedigree, or paper work signed by a "veterinary practitioner" [/size][/font]

Take the DNA test to the vet and get a breed statement....surely council rangers cant believe that they are better educated than both vets and geneticists.

[Maxiewolf]

So essentially does this mean that if you where already an honest considerate owner and already have a dog that's registered as a Pit Bull Cross breed that you are now required to put up the restricted breed notices and follow all the other restricted breed Rules and Regs such as muzzling in public? Regardless of weather your dog has behaved in a dangerous way or not?

And if you have a registered Amstaff/Amstaff Cross, looks like a pitbull etc. Are the council suddenly going to be knocking on your door asking you to produce documentation of proof of breed? Dunno it Just doesn't seem safe to have a bull breed at all in Victoria anymore, registered or not.... If I owned an Amstaff with papers Id be making sure that it had a Tag on that said I am an AMSTAFF, ANKC Reg No. 9027409 etc On the collar thats for sure.

I mean dogs get out, every now and then by accident or on purpose.... why should only the bull breed people suddenly have to fear that if they don't find their dog before the council does its going to end up dead? If every breed was restricted like that you can bet the roaming dog incidence would drop to almost 0.

[GeckoTree]

Much is ado about the pitbull X's, what of all the other 'TYPES' look a likes that were listed in that "standard" to identify.

[sandgrubber]

Much is ado about the pitbull X's, what of all the other 'TYPES' look a likes that were listed in that "standard" to identify.

Someone needs to do a good doco comparing true pit bull X's, which seem to be LEGAL in Viic, so long as they don't fit the standard, l to mutts that look like pit bulls (but aren't) and are condemned under 'the standard'.

Edited September 7, 2011 by sandgrubber