voloclydes Posted February 1, 2012 Author Share Posted February 1, 2012 dog is now 10...i am sure... no other complaints... apart from the xgf whom the council ranger has admitted she made the complaints... i have been in sydney and asked my friend to come in here and read up your advice... i have told her she only has 3-4 weeks to fight this and so i am not sure what is happening. the dog is never muzzled as they never allow her out of the yard! due to the restrictions... i have no idea how she will go changing destery from pure to xbred as the did not do the chipping she was chipped... and i am under the impression they were given her... no one wanted her...just because its a rural area and dogs are a dime a dozen. the ranger has said he will pursue her complaint to the court, due to this fact these sorts of dogs should not exist. i personally get the feeling he is going threw the process and as my friend is just an ordinary person coucil will win. even tho dog has never harmed any one in more than 10years of her life, in fact i would go further to say my jrt is more likely to bite some one.... oh yeah thats right he has! :o all our small dogs would. Link to comment Share on other sites More sharing options...
melzawelza Posted February 2, 2012 Share Posted February 2, 2012 I'm going to assume that this dog was chipped prior to 2005, given the age of the dog and as such, it falls under this part of the ACT and that because the transition period has expired, then no NOI need be issued as it is automatically declared 57D Declared restricted dogs may be seized and destroyed after transition period (1) This section applies to any dog that becomes, any time after the transition period, a restricted dog because of a declaration by an authorised officer of a council under Division 6 of this Part. (2) However, this section does not apply to any such dog if: (a) the dog was, before the relevant date, registered under this Act (or a corresponding Act of another State or Territory) otherwise than as a breed or kind of dog referred to in section 55 (1) (a)-(d1) or as a cross-breed of any such breed or kind of dog, and (b) no person has been convicted, whether before or after the relevant date, of an offence under section 16 (1) (or a similar offence under a corresponding Act of another State or Territory) as a result of the dog rushing at, attacking, biting, harassing or chasing any person or animal. That section is stating that it doesn't apply if the dog is registered as 'otherwise than a breed or kind of dog referred to in section 55' (i.e as a non restricted breed) or as a cross breed of a restricted breed. It is saying that it only applies to dogs chipped as pure. Pit crosses are not restricted unless they've failed a temp test. Seems that the dog as chipped pure anyway so it doesn't matter anyway dog is now 10...i am sure... no other complaints... apart from the xgf whom the council ranger has admitted she made the complaints... i have been in sydney and asked my friend to come in here and read up your advice... i have told her she only has 3-4 weeks to fight this and so i am not sure what is happening. the dog is never muzzled as they never allow her out of the yard! due to the restrictions... i have no idea how she will go changing destery from pure to xbred as the did not do the chipping she was chipped... and i am under the impression they were given her... no one wanted her...just because its a rural area and dogs are a dime a dozen. the ranger has said he will pursue her complaint to the court, due to this fact these sorts of dogs should not exist. i personally get the feeling he is going threw the process and as my friend is just an ordinary person coucil will win. even tho dog has never harmed any one in more than 10years of her life, in fact i would go further to say my jrt is more likely to bite some one.... oh yeah thats right he has! :o all our small dogs would. Which Council? (PM me if need be). If the ranger has that attitude then unfortunately they're up shit creek without a paddle. The dog is chipped as pure and is automatically a restricted dog. They either have to comply with the restrictions (cage, muzzle, collar, dangerous dog sign) or euthanase the dog. Very sad Link to comment Share on other sites More sharing options...
Souff Posted February 2, 2012 Share Posted February 2, 2012 (edited) Voloclydes, can you do Souff a little favour? Please don't ever again use "gf" in doggy posts ........ Souff spent a good few minutes, after reading your first sentence, wracking my brain as to what type of dog a "gf" might be !!!!!! On a more serious note about the dog, I am sorry but I would have to agree with others that it's designation was sealed by the person who filled out the microchipping form. Souff Edited February 2, 2012 by Souff Link to comment Share on other sites More sharing options...
voloclydes Posted February 2, 2012 Author Share Posted February 2, 2012 that was a local vet.... they are going to approach the vet.... sorry but i got one fact wrong they have had the dog since 2004. so i think 8 she was a dumpee on them already chipped. is ok tho... this lady treats her dog as a child and a solution will be found.... not sure how, but we will do something...oh the council dated there letter 20 jan... and said 28 days from the date of the letter they got the letter the day i posted... they have asked or offered temp assessing... but council are saying they won't give out the name or contact and that my friend has to contact them to arrange it. there is another council nearby so they called the ranger there to find out the assessors details... they said they cannot give names etc either! :banghead: i am happy to name our shire its the snowy river shire in nsw! oh another question? can a ranger demand access to your yard to scan your dogs? all my friends dogs are chipped but he could not find them... and is issuing a non chipped fine... ummmm if the dogs don't leave the yard why come and start something? would you believe the vet that chipped said dogs has gone to germany for 2 more weeks! sorry to upset souff with shorthand... Link to comment Share on other sites More sharing options...
Souff Posted February 2, 2012 Share Posted February 2, 2012 sorry to upset souff with shorthand... Still can't believe I actually sat there trying to figure it out!!! Doh! Link to comment Share on other sites More sharing options...
megan_ Posted February 2, 2012 Share Posted February 2, 2012 Are they able to afford legal advice? Often the difference between a dog dying vs living is an owner's ignorance of their rights. Link to comment Share on other sites More sharing options...
melzawelza Posted February 2, 2012 Share Posted February 2, 2012 (edited) Voloclydes, I'm confused since your last post. What was the letter they received from the Council? What exactly does the title say? Is it a 'Notice of Intention to declare dog to be Restricted'? If so then they DO have a chance with this dog. I will PM you my phone number, please have your friends call me and I will assist them. I am a Council Officer and will be able to decipher what is going on and advise them. The council will not be able to give them a list of temp assessors as they do not have the list. The department of local government does and the phone number should be on the paperwork sent to them. I can give them the names and numbers of two Sydney temp Assessors that are very thorough and fair. Please have them call me ASAP. ETA: Just saw you're in Jindabyne so the Sydney assessors won't be of help. Edited February 2, 2012 by melzawelza Link to comment Share on other sites More sharing options...
WreckitWhippet Posted February 2, 2012 Share Posted February 2, 2012 Voloclydes, I'm confused since your last post. What was the letter they received from the Council? What exactly does the title say? Is it a 'Notice of Intention to declare dog to be Restricted'? If so then they DO have a chance with this dog. I will PM you my phone number, please have your friends call me and I will assist them. I am a Council Officer and will be able to decipher what is going on and advise them. The council will not be able to give them a list of temp assessors as they do not have the list. The department of local government does and the phone number should be on the paperwork sent to them. I can give them the names and numbers of two Sydney temp Assessors that are very thorough and fair. Please have them call me ASAP. ETA: Just saw you're in Jindabyne so the Sydney assessors won't be of help. Yes any breed assessor within the state and any temp tester that is approved can help them out. The owners of a dog who are subject to an NOI can choose any breed assessor or temp tester off the list , providing the owner will travel or the assessor agrees to do the same. The DLG will not give out the BA's and TT's if there has been no NOI issued, as the BA's and TT's are not considered valid. For a council officer, you really should have a better undersyanding of the act and the process Link to comment Share on other sites More sharing options...
melzawelza Posted February 2, 2012 Share Posted February 2, 2012 Voloclydes, I'm confused since your last post. What was the letter they received from the Council? What exactly does the title say? Is it a 'Notice of Intention to declare dog to be Restricted'? If so then they DO have a chance with this dog. I will PM you my phone number, please have your friends call me and I will assist them. I am a Council Officer and will be able to decipher what is going on and advise them. The council will not be able to give them a list of temp assessors as they do not have the list. The department of local government does and the phone number should be on the paperwork sent to them. I can give them the names and numbers of two Sydney temp Assessors that are very thorough and fair. Please have them call me ASAP. ETA: Just saw you're in Jindabyne so the Sydney assessors won't be of help. Yes any breed assessor within the state and any temp tester that is approved can help them out. The owners of a dog who are subject to an NOI can choose any breed assessor or temp tester off the list , providing the owner will travel or the assessor agrees to do the same. The DLG will not give out the BA's and TT's if there has been no NOI issued, as the BA's and TT's are not considered valid. For a council officer, you really should have a better undersyanding of the act and the process Of course any assessor can help, my comment was based on an assumption that they do not have the time or means to travel to Sydney and back in the short time frame they have left. I have perfect understanding of the act thanks, it is you that has posted incorrect information in this thread. Seems you'd like to make this a pissing competition which is quite disappointing when we're both just trying to help these people. I've just been on the phone to them, the owners HAVE been issued with a NOI, although the whole thing is a bit of a mess. If you'd like to PM me Pavlova I'm happy to fill you in on what is going on, as I know you have a keen interest in these cases. I am not going to post it publicly of course. Link to comment Share on other sites More sharing options...
voloclydes Posted February 2, 2012 Author Share Posted February 2, 2012 yes melza.... this whole mess makes me wonder why? today when the xgirl friend walk out in front of my car deliberately... the x seems so messed up since she drove drunk and rolled her car, only her sort walk away... seems even tho they have a grim situation things are looking promising... very promising. my mate is swinging from the chandelier... if only she had one... mmmmwwwwwaaa melza Link to comment Share on other sites More sharing options...
melzawelza Posted February 2, 2012 Share Posted February 2, 2012 yes melza.... this whole mess makes me wonder why? today when the xgirl friend walk out in front of my car deliberately... the x seems so messed up since she drove drunk and rolled her car, only her sort walk away... seems even tho they have a grim situation things are looking promising... very promising. my mate is swinging from the chandelier... if only she had one... mmmmwwwwwaaa melza Hopefully we can get a good result! There's no guarantees and it could still end badly as I've explained to her but there's certainly hope!! Link to comment Share on other sites More sharing options...
Recommended Posts
Create an account or sign in to comment
You need to be a member in order to leave a comment
Create an account
Sign up for a new account in our community. It's easy!
Register a new accountSign in
Already have an account? Sign in here.
Sign In Now