Court Order To Destroy A Dog & Restricted Dog Breed Declaration

[Pookie]

Hello All. I'm new to this and not quite sure where to look and how to post up questions in order to get some honest advice from outsiders.If you can kindly spare some time and if possible give me your honest opinion regarding the scary predicament i am in.

I have a beautiful boy named Pookie. He is Shar Pei cross Staffy and will be turning four years old soon. He is up to date with his registration and is microchipped. I got him from Darwin when i was living there for almost a year. When i headed back to Melbourne, i bought Pookie a plane ticket and took him to Melbourne when he was almost one years old. My parents own a farm in Darwin and they had at one stage almost 14 dogs. They had jack russell's, blue healers, great dane, bulldogs just to name a few. People within the rural suburb would ask my dad if he would look after their dog/s while they moved interstate. My dad would never say no to a dog. Stray dogs and cats would always come to our farm and in the end be apart of our family. My dad is an animal lover and thats where i think i got my love for animals from.

Pookie has recently been seized by my council as they believe he is a PIT-BULL type dog. They have stressed to me that they believe he has Shar Pei in him however, they strongly believe that he is 80% Pit-bull. The day before Pookie was seized unfortunately he escaped from the house while i was at work and saw two young ladies walking their dogs. Pookie got excited and wanted to go play with the dogs, unfortunately the other male dog was being protective of the female dog which led to all three dogs barking at each other.

One of the kids, a couple houses down from me, saw Pookie and called him back, at that time Pookie and the other two dogs were still barking at each other when Pookie got called again by the neighbour he turned around to run back into the house but apparently there was a little eight year old boy behind him. Yhe mother panicked as she thought Pookie was lunging/rushing at her bog but Pookie just ran off back to my house. Bear in mind that there was no contact made between Pookie and the child nor the other two dogs. Pookie has never attacked anyone ever before and is well liked by the children in the neighbourhood.

Unfortunately as i wasn't there at the time of the incident, i don't know what exactly happened. I was only told of bits and pieces but im still not clear on what had actually happened. I have passed on a message to the council workers to relay back to the victims that i sincerely apologise if Pookie had lunged/rushed at the boy and pray that he has not been traumatized by the incident and hope he can still live a happy stress free life.

The following day after this incident, one of the young lady who was walking her dogs called the council and reported that Pookie allegedly lunged/rushed at her son. She did state to them that there was no physical contact between Pookie, her son or her dogs however, the council acted with that statement and proceeded to seize Pookie. I commend the Council for acting fast as i know they are doing their jobs however, i wish they know that by pushing for Pookie to be destroyed they will be killing a piece of me. I am a very sensitive and emotional person and that drives me crazy some times because i think with my heart and not with my head.

I later got home from work that afternoon to find the council rangers parked in front of my house. I was oblivious to what was going on until my partner explained what had happened. They then stated that they are seizing my dog under Section 81 as they believe that i have trained or urged my dog to attack or he has attacked. Which is definitely not true, i would never do such things as train a dog to attack. They then stated that they will be taking him and i should surrender him over to be destroyed as they strongly believe without scientific evidence that my son is a Pit-bull and a dangerous dog that should not co-exist in this suburb.

I love Pookie with all my heart and would never surrender him over as he has never hurt anyone before. I begged them not to take him but i had no power to stop them. Without hesitation or a doubt in their minds they had already decided to kill my son and they told me to sign papers to surrender him over to them. I was in tears and could not stop crying. They then stated that if i don't surrender him over to them then this matter will be taken to court and heard in front of a magistrate and the magistrate can decide on whether Pookie should be destroyed or not. They clearly stated that they will be pushing for a court order to have Pookie destroyed.

I was so upset and sad and was up the next three nights crying myself to sleep. My boss even had to send me home the day after the incident. I just could not believe that this has happened to me. The thought of losing Pookie was like having my heart ripped out slowing without mercy.

Later that week i had a formal interview with the Council who tried to pursuede me to surrender Pookie over to them as it will be good for the community. They had pictures of Pookie and pictures of a Pit-bull, comparing photos side by side and that's how they make judgement of a dogs breed. I could not believe what they were telling me, i was in shock as my son's life is on the line because of a photo comparison they have made. They then started reading out statements of people calling through to report that a medium tan coloured dog was at large. Within the statements they read out to me, there were reports of German Shepards, small white dogs and a stray dog. I was so confused.

In the end i decided to do whats right and fight for my son until the end. I owe him that much, to not give up on him at all. He is not just a dog to me, he is my family. HE IS MY SON!. I've previously lost a baby and was so upset when that happened. Pookie was there for me when i got out of hospital. He used to snuggle next to me and always curled up to me, he would lick and kiss me when i cried and showed me that he would always be there for me. When i used to turn away from him, he would get closer to my face and use his nose to try to get me to look at him. It was so adorable. Now the thought of losing another child is beyond me. Words cannot express how upset i am yet im so angry at myself. I keep asking myself... what did i do wrong? how could i have prevented this from happening? did i know this was going to happen? am i a bad mother? does he hate me?

I've always considered myself as a great mum to Pookie. I would always fee him his all wormer chews, i shower him once a week with medicated Melaseb Shampoo, exercised him daily in our backyard playing fetch, fed him premium dog food, took him to the vet when he had mites, celebrate his birthday and christmas with him, mind you Pookie always got 10 times more presents than i ever have from my family members, but most importantly i gave him the love and nurture he desired. I sincerely thought without a doubt that i am a great mum and a responsible owner, but this goes to show that i am neither. Please forgive me Pookie and know i love you and will do all i can to bring you home as soon as i can.

I have finally been granted visitation rights and visit him every week. He is always happy to see me. I also bring him schmakos, denta chews and toys for him. The shelter workers who look after Pookie and all seized dogs love Pookie. They say he is a very good smart and affectionate dog. They talk to me about him when im there and they strongly believe that Pookie is definitely Shar Pei cross Staffy, from the way he acts, his affection to them and especially the way he lays down with all four legs out and stomach flat to the ground. They said that only Staffys can lay the way Pookie lays. They strongly expressed that compared to actual Pit-Bull they have in the shelter that has been seized or destroyed, Pookie looks nothing like the Pit-Bull's they see on a daily basis. I was advised from them to hire an independent accredited Dog Breed Assessor to come in assess Pookie because they are more qualified then the council workers and if the assessment comes back that Pookie is more Shar Pei cross Staffy then it would assist Pookie in court. I tried looking in Google but could not find what i'm looking for.

I have also been provided with a Notice of Declaration of a Restricted Dog Breed. After reading the documents my jaw dropped. I dont know what to do or where to start. I don't want my son to be locked in a cage and isolated from his family. He should be with his family who love and adore him and not outside. As Autumn and Winter is approaching, it will be too cold for him. He has never slept outside in his whole life. Pookie is a house dog. He is housed trained and sleeps on the bed with me. It doesn't feel right going to bed at night knowing that Pookie is far away from me.

I sincerely beg you. May you spare some time to provide me with some advise. I LOVE my son so much and it has been quite difficult the past three weeks without him. I just want an outside opinion on the matter.

The main question is:

Can the magistrate give a court order to destroy Pookie when he has never hurt or attacked anyone before?

Can i possibly win, if i appeal with VCAT, regarding the declaration of a Restricted Dog Breed?

Why have i been served with this declaration when the council said they are pushing for a court order to destroy Pookie?

What would you do if you were in my shoes?

I truly want to express my gratitude for reading this far. Please let me know what you think regarding this case

[Leema]

Hi Pookie.

So sorry to hear of your troubles. I am sure someone a lot more knowledgeable than me will be able to give you some more well rounded answers, but to the best of my knowledge...

Yes, if the court decides that Pookie is a restricted breed, he can be destroyed.

The climate is rather new with breed legislation in Victoria and it's hard to know you chances of getting a declaration of restricted dog breed repealed.

The council probably thought that declaring Pookie as a restricted breed was the easier way in order to seek his destruction.

If I was your in shoes, I'd be fighting too. What evidence do you have that Pookie is not a pit bull? Where did you acquire him from? Can they (the seller) prove his breed/s? I do not know how breed assessors work, but that may be a means for you to have him shown to be non-pittie.

That being said, your dog was still roaming at large and intimidated people. At the very least, I expect that your fences/gates will need to be seriously addressed if you ever get custody of Pookie again.

Edited April 6, 2012 by Leema

[Purdie]

Just wanted to say sorry you are going through this distress and i hope you get Pookie back.If it were me i too would go to court and fight for my dog.Good Luck.

[toofarnorth]

Hi, I dont know a great deal about BSL, but if I was in your shoes I would start preparing a folder of as much supportive information as possible. Start from where and when Pookie was born. Do you have any history of where and when he was born, and by what sort of parents. Can you get photos of the parents, and if not possibly a stat dec stating as to what breed they are. Can you contact the vet in Darwin that you had and ask for copies of documents stating what breed Pookie is. Ask for a letter from your current vet as well.

Other things I would do is look at the fencing and if possible get quotes to have it fixed, this shows that you are indeed making an effort and are serious about proving that not only is Pookie not pitbull, but also that you are serious about keeping him contained.

See if you can get letters from neighbours in support of his temperament. Has he done any training at a club, if he has approach them for a letter of support.

[Alkhe]

Hi Pookie - I'm so so sorry to read this also.

In answer to your questions, I agree with Leema. Unfortunately due to new Vic legislation, the council can declare your dog a 'dangerous dog' and have him put to sleep. As Leema also said, this is very new legislation and to my knowledge has not been tested more than a handful of times. I'm aware that there is currently a case going through the system where a couple are resisting a council's determination that their dog is a Pitbull (or cross, I can't remember). This situation is different though as, to my knowledge, the dog was not involved in any incidents. I could be wrong on that though.

The American Pitbull Club of Australia (APBT Club) recently posted on this forum saying that they would like to assist people going to VCAT - The link to this thread is here: http://www.dolforums.com.au/topic/235262-going-to-vcat/

Perhaps contact them and see whether they are able to provide you with any advice; I'm not sure what kind of help they are offering, but they may know lawyers who are familiar with dangerous dog legislation and/or sympathetic to the cause who may be able to give you some advice or if necessary, legal representation.

My suggestion would be to contact a free legal service and see exactly what the process is from here. http://www.legalaid.vic.gov.au/ has a phone service; they may be able to put you on to somebody better qualified to advise you, if they can't.

Unfortunately, however, my opinion is that as you were not there to witness the incident, you are in a very difficult situation. My understanding of the situation is that regardless of your dog's breed composition, if he was involved in an incident as described and somebody either wrongly interpreted Pookie as rushing at them (regardless of what he did or didn't do, and what his intentions were etc), their testimony is going to be very powerful. Their reports to the council will be taken seriously (as obviously they have been), and I wouldn't think that Pookie's breed is relevant.

I am so sorry to say that, but it's my objective opinion based on reading the thread. However, since Pookie didn't actually physically attack anybody or thing, you may be able to simply have him declared a menacing dog, and comply with various regulations that that entails. From memory it is being muzzled in public, not allowed off leash in certain areas (or perhaps all?) etc. However it doesn't require him to be put to sleep by default. A lawyer would be able to give you more detailed and accurate information than that - I'm merely a law student regurgitating things from memory and my own impression/understanding.

Edited because some of what I had said may have been incorrect. Sorry!!

Edited April 6, 2012 by Alkhe

[imcdw]

Hello All. I'm new to this and not quite sure where to look and how to post up questions in order to get some honest advice from outsiders.If you can kindly spare some time and if possible give me your honest opinion regarding the scary predicament i am in.

I have a beautiful boy named Pookie. He is Shar Pei cross Staffy and will be turning four years old soon. He is up to date with his registration and is microchipped. I got him from Darwin when i was living there for almost a year. When i headed back to Melbourne, i bought Pookie a plane ticket and took him to Melbourne when he was almost one years old. My parents own a farm in Darwin and they had at one stage almost 14 dogs. They had jack russell's, blue healers, great dane, bulldogs just to name a few. People within the rural suburb would ask my dad if he would look after their dog/s while they moved interstate. My dad would never say no to a dog. Stray dogs and cats would always come to our farm and in the end be apart of our family. My dad is an animal lover and thats where i think i got my love for animals from.

Pookie has recently been seized by my council as they believe he is a PIT-BULL type dog. They have stressed to me that they believe he has Shar Pei in him however, they strongly believe that he is 80% Pit-bull. The day before Pookie was seized unfortunately he escaped from the house while i was at work and saw two young ladies walking their dogs. Pookie got excited and wanted to go play with the dogs, unfortunately the other male dog was being protective of the female dog which led to all three dogs barking at each other.

One of the kids, a couple houses down from me, saw Pookie and called him back, at that time Pookie and the other two dogs were still barking at each other when Pookie got called again by the neighbour he turned around to run back into the house but apparently there was a little eight year old boy behind him. Yhe mother panicked as she thought Pookie was lunging/rushing at her bog but Pookie just ran off back to my house. Bear in mind that there was no contact made between Pookie and the child nor the other two dogs. Pookie has never attacked anyone ever before and is well liked by the children in the neighbourhood.

Unfortunately as i wasn't there at the time of the incident, i don't know what exactly happened. I was only told of bits and pieces but im still not clear on what had actually happened. I have passed on a message to the council workers to relay back to the victims that i sincerely apologise if Pookie had lunged/rushed at the boy and pray that he has not been traumatized by the incident and hope he can still live a happy stress free life.

The following day after this incident, one of the young lady who was walking her dogs called the council and reported that Pookie allegedly lunged/rushed at her son. She did state to them that there was no physical contact between Pookie, her son or her dogs however, the council acted with that statement and proceeded to seize Pookie. I commend the Council for acting fast as i know they are doing their jobs however, i wish they know that by pushing for Pookie to be destroyed they will be killing a piece of me. I am a very sensitive and emotional person and that drives me crazy some times because i think with my heart and not with my head.

I later got home from work that afternoon to find the council rangers parked in front of my house. I was oblivious to what was going on until my partner explained what had happened. They then stated that they are seizing my dog under Section 81 as they believe that i have trained or urged my dog to attack or he has attacked. Which is definitely not true, i would never do such things as train a dog to attack. They then stated that they will be taking him and i should surrender him over to be destroyed as they strongly believe without scientific evidence that my son is a Pit-bull and a dangerous dog that should not co-exist in this suburb.

I love Pookie with all my heart and would never surrender him over as he has never hurt anyone before. I begged them not to take him but i had no power to stop them. Without hesitation or a doubt in their minds they had already decided to kill my son and they told me to sign papers to surrender him over to them. I was in tears and could not stop crying. They then stated that if i don't surrender him over to them then this matter will be taken to court and heard in front of a magistrate and the magistrate can decide on whether Pookie should be destroyed or not. They clearly stated that they will be pushing for a court order to have Pookie destroyed.

I was so upset and sad and was up the next three nights crying myself to sleep. My boss even had to send me home the day after the incident. I just could not believe that this has happened to me. The thought of losing Pookie was like having my heart ripped out slowing without mercy.

Later that week i had a formal interview with the Council who tried to pursuede me to surrender Pookie over to them as it will be good for the community. They had pictures of Pookie and pictures of a Pit-bull, comparing photos side by side and that's how they make judgement of a dogs breed. I could not believe what they were telling me, i was in shock as my son's life is on the line because of a photo comparison they have made. They then started reading out statements of people calling through to report that a medium tan coloured dog was at large. Within the statements they read out to me, there were reports of German Shepards, small white dogs and a stray dog. I was so confused.

In the end i decided to do whats right and fight for my son until the end. I owe him that much, to not give up on him at all. He is not just a dog to me, he is my family. HE IS MY SON!. I've previously lost a baby and was so upset when that happened. Pookie was there for me when i got out of hospital. He used to snuggle next to me and always curled up to me, he would lick and kiss me when i cried and showed me that he would always be there for me. When i used to turn away from him, he would get closer to my face and use his nose to try to get me to look at him. It was so adorable. Now the thought of losing another child is beyond me. Words cannot express how upset i am yet im so angry at myself. I keep asking myself... what did i do wrong? how could i have prevented this from happening? did i know this was going to happen? am i a bad mother? does he hate me?

I've always considered myself as a great mum to Pookie. I would always fee him his all wormer chews, i shower him once a week with medicated Melaseb Shampoo, exercised him daily in our backyard playing fetch, fed him premium dog food, took him to the vet when he had mites, celebrate his birthday and christmas with him, mind you Pookie always got 10 times more presents than i ever have from my family members, but most importantly i gave him the love and nurture he desired. I sincerely thought without a doubt that i am a great mum and a responsible owner, but this goes to show that i am neither. Please forgive me Pookie and know i love you and will do all i can to bring you home as soon as i can.

I have finally been granted visitation rights and visit him every week. He is always happy to see me. I also bring him schmakos, denta chews and toys for him. The shelter workers who look after Pookie and all seized dogs love Pookie. They say he is a very good smart and affectionate dog. They talk to me about him when im there and they strongly believe that Pookie is definitely Shar Pei cross Staffy, from the way he acts, his affection to them and especially the way he lays down with all four legs out and stomach flat to the ground. They said that only Staffys can lay the way Pookie lays. They strongly expressed that compared to actual Pit-Bull they have in the shelter that has been seized or destroyed, Pookie looks nothing like the Pit-Bull's they see on a daily basis. I was advised from them to hire an independent accredited Dog Breed Assessor to come in assess Pookie because they are more qualified then the council workers and if the assessment comes back that Pookie is more Shar Pei cross Staffy then it would assist Pookie in court. I tried looking in Google but could not find what i'm looking for.

I have also been provided with a Notice of Declaration of a Restricted Dog Breed. After reading the documents my jaw dropped. I dont know what to do or where to start. I don't want my son to be locked in a cage and isolated from his family. He should be with his family who love and adore him and not outside. As Autumn and Winter is approaching, it will be too cold for him. He has never slept outside in his whole life. Pookie is a house dog. He is housed trained and sleeps on the bed with me. It doesn't feel right going to bed at night knowing that Pookie is far away from me.

I sincerely beg you. May you spare some time to provide me with some advise. I LOVE my son so much and it has been quite difficult the past three weeks without him. I just want an outside opinion on the matter.

The main question is:

Can the magistrate give a court order to destroy Pookie when he has never hurt or attacked anyone before?

Can i possibly win, if i appeal with VCAT, regarding the declaration of a Restricted Dog Breed?

Why have i been served with this declaration when the council said they are pushing for a court order to destroy Pookie?

What would you do if you were in my shoes?

I truly want to express my gratitude for reading this far. Please let me know what you think regarding this case

Hi Pookie,

All the best in your cause,

Try this link for help with VCAT: http://www.dolforums.com.au/topic/235262-going-to-vcat/page__gopid__5789785#entry5789785

We are also in a fight against our council via VCAT.

Our Petition for ending this ridiculous legislation and saving our dog from caging: http://www.change.org/petitions/prime-minister-of-australia-save-lilla-from-a-life-behind-bars-and-end-breed-specific-legislation-bsl

Facebook page: http://www.facebook.com/savelilla

Hopefully this info helps,

there are many passionate people who care.

Regards, Chris.

[Dame Aussie]

Good luck Pookie, this makes me so angry . These council idiots don't have a clue.

Since when does a dog getting out make it dangerous? As far as I'm concerned if no person or dog was hurt they need to just piss off.

I hope you can manage to fight them and get him home safe.

Edited April 6, 2012 by Aussie3

[Animal House]

Have a read here, it may help. http://www.dpi.vic.gov.au/pets/dog-care/restricted-breed-dogs

I'm sorry that this happened, but even if he wasn't a pit bull type, he may have been declared dangerous for rushing anyway.

[sumosmum]

You need to appeal to VCAT within 28 days of the council giving you advice in writing that they intend to declare your dog a restricted breed. I don't know the dates, but please keep that in mind.

If you dog was already registered with your council prior to this incident, as any breed even if the dog is declared successfully as a restricted breed dog, it does not need to be destroyed. But, this would be depending on the outcome of the seperate issue of the dog allegedly attacking someone. But on the strength of just being declared a restricted breed, the dog should not be destroyed.

If the dog is declared a restricted breed, it needs to kept as such. This does not mean the dog is not allowed in the house with the family, or that the dog is not allowed to sleep in your bed. In some cases, the actual yard can be used as the prescribed enclosure, depending on the set up. The backyard might be able to be adjusted to fit this criteria without erecting a separate enclosure.

If the dog has not actually harmed or made contact with a human or an animal, it may be declared a menacing dog, or a dangerous dog, again, depending on the circumstances.

You need to know exactly what the council is charging you with,in writing, and I think you should contact a solicitor for advice. A solicitor will charge to represent you, but some will give advice to you for free. I would contact a solicitor straight away, before the situation becomes more confusing. I will PM some details to you.

If I was you, I would seek proper legal advice, as some of these council's are bullying people and giving incorrect information. Once you have the legal facts, from a source other than the council. you can then formulate your defense. Don't be pushed into anything by the council without seeking legal advice.

PS Please though, if you have received their intention to declare your dog as a restricted breed, do keep in mind you only have 28days to register the fact you want to appeal with VCAT. This should be done as soon as possible.

[dog_fan]

Maybe try here as well http://www.dolforums.com.au/topic/235262-going-to-vcat/page__view__findpost__p__5763298

[melzawelza]

Hi Pookie,

I'm so sorry to hear that you are dealing with this.

Please contact the APBT club if you haven't already (Alkhe gave you the link to their thread).

If you could also PM me your contact details I will put you in touch with Linda Watson who has been assisting people going to VCAT as well.

Do you have any photos of Pookie?

[APBT Club of Aust Inc.]

Hi everyone,

Whilst I know everyone here has the best intention to assist Pookie, please ensure that what you are posting is accurate information. The last thing that owners need is to be given inaccurate information.

Edited April 6, 2012 by APBT Club of Aust Inc.

[lmwvic]

Pookie,

Some of the information provided above is incorrect.

Your dog CANNOT be declared dangerous as a result of a so-called rush. The Act has clear requirements for the declaration of a dog as a dangerous dog. Your description of the incident would only permit the Council to declare your dog menacing. Get a statement from your neighbour that your dog was called, responded and ran PAST the child. I would think this does not constitute a rush except to the two-legged bullies you are dealing with. After all, if the dog was rushing the child it would not have run straight past.

With respect to the restricted breed declaration. If you do not win in VCAT your dog's declaration as a restricted breed will remain. However, you may register him as a restricted breed and take him home because he was registered (as any breed) with your Council and he was in existence in Victoria prior to September 1, 2010. There will be additional requirements such as the manner of housing that you must comply with.

Best Wishes

[m-sass]

Good luck in fighting for you dog Pookie, it's a dreadful situation to face.

Given that you weren't there at the time of this alledged incident and the fact that council didn't catch your dog at large and came around the next day they are working on a report given to them which could be a load of BS, why are you accepting such a story, you have the right to argue that it wasn't your dog involved in the incident and request they prove otherwise?.

Edited April 6, 2012 by m-sass

[juice]

Just interested to know, can a ranger come and sieze a dog they accuse of rushing etc? or is it just bullying, and you have the right to refuse to hand it over?

[m-sass]

Just interested to know, can a ranger come and sieze a dog they accuse of rushing etc? or is it just bullying, and you have the right to refuse to hand it over?

A ranger has to have reasonable suspicion on the basis of evidence that your dog has committed a breach that justifies seizure and you have the right to dispute the evidence that the ranger puts forward to justify seizure, bearing in mind the ranger in most cases has formed a decison on the basis of someone's report of an incident which can be fact, fiction and anything in between, so the ranger is obligated to take into account both sides of the story and can't be seen to be taking sides, their decision to seize or not must be based on evidence and as a dog owner facing seizure, you need to break the evidence down that the ranger is using to justify their rights for seizure. :)

Instead of arguing with the ranger the point of whether the dog was being aggressive or freindly, you are better off arguing the strength of the evidence supposedly proving that the dog involved in the incident was your dog, in many cases there is no evidence without the dog's owner confirming their dog was involved and consequently many hand their dog up on a plate for the slaughter with incriminating information, if they have a case against you and your dog no different than any other form of common law, making them prove it is the best defence IMHO.

[lmwvic]

Yes, they may seize a dog for rushing. The relevant bits of the Act are as follows:

s.29 29 Offences and liability relating to dog attacks

(7)If a dog rushes at or chases any person, the person in apparent control of the dog at the time the dog rushed at or chased the first-mentioned person, whether or not the owner of the dog, is guilty of an offence and liable to a penalty of not more than 4 penalty units.

(8)If a dog rushes at or chases any person, the owner of the dog, if not liable for the offence under subsection (7), is guilty of an offence and liable to a penalty of not more than 4 penalty units.

s.81 81 Seizure of dog urged or trained to attack or having attacked

(1)An authorised officer of a Council may seize a dog that is in the municipal district of that Council if—

(a) the owner has been found guilty of an offence under section 28 or 28A with respect to that dog; or

(b) the authorised officer reasonably suspects that the owner has committed an offence under section 28 or 28A with respect to that dog.

(2)An authorised officer of a Council may seize a dog that is in the municipal district of that Council if—

(a) a person has been found guilty of an offence under section 29 with respect to that dog; or

(b) the authorised officer reasonably suspects that a person has committed an offence under section 29 with respect to that dog.

They would be back with a warrant if the owner refused to hand over.

[Zug Zug]

I agree with earlier advice that you should seek legal advice.

A few reasons for this, including:

1. they will give you an accurate representation of your legal rights and options

2. they may be able to negotiate with the Council on your behalf

3. they will certainly be less emotionally affected by what has happened, so more able to put your case logically and calmly

In relation to the last point above, while I completely understand how distraught you must be feeling, it is important to remember that you need to convince the Council that you are trustworthy and capable of taking this situation in hand. So the calmer you are able to appear, and the more organised you seem in terms of fencing and being able to deal with the issues that need to be addressed, the better.

It can be very hard to remain calm in a situation that genuinely really upsets you (and with good reason). In my time, I have found 2 things that can help when I am feeling this way:

1. approach all meetings like a business meeting - dress up in business-like clothes and try to cast yourself into that frame of mind that says 'I am strong, calm, capable' (which among other things means no crying, no raised voices, no calling your dog your 'son' in that environment - save all that for your family and friends who will be more supportive and understanding)

2. if I feel emotions getting hold of me, I quietly put one of my hands under the meeting table and dig a fingernail into my thumb so that it hurts me a little - this seems to do something to the brain and the tears or anger often subside really quickly and this gives me a chance to get back into a more businesslike frame of mind

It might seem unimportant, but I have learned from experience that a calm, matter-of-fact demeanour can make all the difference when things get difficult. In this situation I think your feelings are completely justified and understandable. It's just that, when push comes to shove, they may be working against you by creating an impression that you are not sufficiently stable to be trusted to safely manage a dog they consider to be menacing or dangerous.

Good luck - it must be so difficult for you and I do hope you are able to bring Pookie home soon.

[shiner]

No investigation, no proof of anything, seizure based on a phone call? In Australia?

Even your admission is no proof, you weren't there.

Get a good solicitor and make the mongrels pay!

FREE POOKIE!

[m-sass]

Yes, they may seize a dog for rushing. The relevant bits of the Act are as follows:

s.29 29 Offences and liability relating to dog attacks

(7)If a dog rushes at or chases any person, the person in apparent control of the dog at the time the dog rushed at or chased the first-mentioned person, whether or not the owner of the dog, is guilty of an offence and liable to a penalty of not more than 4 penalty units.

(8)If a dog rushes at or chases any person, the owner of the dog, if not liable for the offence under subsection (7), is guilty of an offence and liable to a penalty of not more than 4 penalty units.

s.81 81 Seizure of dog urged or trained to attack or having attacked

(1)An authorised officer of a Council may seize a dog that is in the municipal district of that Council if—

(a) the owner has been found guilty of an offence under section 28 or 28A with respect to that dog; or

(b) the authorised officer reasonably suspects that the owner has committed an offence under section 28 or 28A with respect to that dog.

(2)An authorised officer of a Council may seize a dog that is in the municipal district of that Council if—

(a) a person has been found guilty of an offence under section 29 with respect to that dog; or

(b) the authorised officer reasonably suspects that a person has committed an offence under section 29 with respect to that dog.

They would be back with a warrant if the owner refused to hand over.

After a report is received, the outcome of an investigation process into the alledged incident determines the grounds on which a seizure is justified. Council doesn't just knock on your door and request to seize your dog for a rushing incident that supposedly happened yesterday. You could say to council that my dog and I were at nanna's place all day yesterday and I have 14 wintesses to verify that, the dog involved in this alledged incident wasn't my dog, then council would be required to consider that evidence in the balance of other evidence compiled regarding the case.

Edited April 7, 2012 by m-sass