Page 4050 - Week 11 - Thursday, 21 September 2017
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As members would be aware, TCCS’s work on improving animal management practices in the ACT has been ongoing for a number of years. In September 2014 amendments were made to the Domestic Animal Services Act to create new strict liability offences, removing the presumption of innocence for the keeper or carer of a dog where their dog attacks or harasses another person or animal.
In early 2016 TCCS established a community working group for the purpose of reviewing the regulatory and administrative processes associated with dog attacks. The group included members of the public who were the owners of dogs involved in an attack as well as TCCS staff with regulatory expertise. The inclusion of community members with firsthand experience provided an invaluable perspective and served to strongly reinforce the significant impact that dog attacks have on all those involved, including the wider family associated with dogs. Leading on from this work, a regulatory response model was developed which outlined the processes to be implemented when responding to dog attack incidents.
A key component of the model was the establishment of the TCCS regulatory advisory committee, or the RAC, for the consideration of licensing decisions and compliance and enforcement investigations, including those related to dog attacks. The members of RAC include relevant managers, investigative and legal staff who consider the investigation process and findings and bring to bear a range of perspectives, experience and expertise to review the merits of each case.
As previously noted, a dog attack often involves an instinctive reaction by the attacking dog which can be caused for a variety of reasons. As such, the individual circumstances of a case need to be thoroughly considered. The RAC considers contraventions of legislation that have occurred which have the potential to cause harm or pose a significant risk to the community or environment. It then provides formal recommendations to relevant decision-makers on these matters for their consideration and ultimately their decision.
On notification of a dog attack incident, a DAS ranger attends the incident location and ensures that the alleged attacking dog is restrained or contained and, if necessary, seized. Due to the instinctual response and varying circumstances that can be involved in a dog attack, every case must be thoroughly investigated in a timely manner and consideration must be given to the evidence and circumstances on a case-by-case basis. Therefore, DAS rangers gather all evidence available, including witness statements, photographs, vet reports, hospital reports, behavioural assessments, temperament testing et cetera, to help establish the circumstances of the incident and underlying behavioural traits and training of the aggressor dog.
A dedicated TCCS investigations unit, led by a compliance manager, supports and oversees DAS investigations and ensures they are conducted professionally and are adequately scrutinised. The compliance manager is also responsible for ensuring that the people involved in the attack are kept informed on the progress of the investigation and are made aware of the support services available to them.
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