• the Dog Act 1976 (WA) (Dog Act);
• the Dog Regulations 2013 (WA); and,
• local government by-laws.

As a dog owner, it is important to be aware of your legal responsibilities.

Common offences:

• Dog Registration: Failure to register your dog can result in a fine of up to $5,000.
• Microchipping: Dogs must be microchipped once they reach 3 months of age, with penalties of up to $5,000 for non-compliance.
• Collars: Your dog must wear a collar with its registration tag securely attached when in public. Failure to do so can result in a fine of up to $5,000.
• Leashes: Your dog must be securely held by means of a chain, cord, leash or harness of a maximum length of 2 metres, or a fine of up to $5,000 can be imposed.
• Control of Dog: You are legally required to keep your dog under control, both on private and public property, with fines of up to $5,000 for non-compliance.
• Dog Attacks or Chases: If your dog attacks or chases any person or animal causing physical harm, every person liable for the control of your dog could face a fine of up to $20,000. If no harm is caused, the fine may be up to $3,000.

Dangerous Dog Declarations

If your local government believes your dog has attacked causing injury, or repeatedly exhibited dangerous behaviour (such as chasing), they may issue a Dangerous Dog Declaration. A declaration will impose stricter penalties and requirements, including:

• displaying a warning sign at your property;
• ensuring your dog wears a specific collar and muzzle; and,
• ensuring the proper confinement of your dog within your property

You have the right to object to this declaration within 7 days by either:

• lodging a written objection with your local government, which may then be reviewed by the State Administrative Tribunal (SAT) if rejected by the local government; or,
• immediately applying directly to SAT for review.

After one year, you can apply to your local government for the declaration to be revoked. If rejected, you can appeal to the SAT within 7 days. If the declaration is not revoked or overturned, it remains in effect until your dog dies.

Destruction Orders

In cases where a dog attack results in injury or damage, a court may order the destruction of the dog (euthanising the dog). If an attack is carried out by multiple dogs, each may be considered responsible and ordered to be destroyed, regardless of which dog caused the harm.

Our team has successfully assisted many dog owners in defending against destruction orders by:

• connecting owners with competent and experienced animal behaviourists to assess and address the dog’s behaviour;
• representing clients in Court to demonstrate the dog’s suitability for rehabilitation;
• securing remitted destruction orders, which prevent destruction of the dog unless further offences occur.

Other Considerations

• Local Government Restrictions: Local governments can impose limits on the number of dogs a household can keep or restrict certain breeds.
• Dog Seizure: If an authorised person under the Dog Act believes your dog has attacked or is likely to attack, they may seize and detain the animal.
• Dog Attack Victims: If you have been attacked by a dog, you may take private legal action to recover damages, including medical expenses and property damage.

How Vogt Legal Can Help

Our experienced legal team can assist you with:

• providing expert advice on your chances of challenging any charges brought against you;
• offering strategic advice and representation to reduce fines;
• objecting to Dangerous Dog Declarations and representing you in SAT reviews;
• defending against destruction orders; and,
• helping you to recover loss and damage resulting from a dog attack against you.

If you need assistance or more information about any of the issues mentioned, please contact Ben Sasson.