Dangerous dog declaration

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Published
3 December 2020

Council refers to recent social media commentary concerning a dog, which is the subject of a dangerous dog declaration and destruction order made by Council on 6 November 2017 following a number of attacks on people by the dog.

The dangerous dog declaration and destruction order have been the subject of several court proceedings commenced by the registered owner of the dog.

  • On 28 March 2019, Queensland Civil and Administrative Tribunal (QCAT ) confirmed the dangerous dog declaration and destruction order made by Council on 6 November 2017.
  • On 13 December 2019, the QCAT Appeal Tribunal refused the dog owner’s application for leave to appeal QCAT's decision of 28 March 2019.
  • On 25 November 2020, the Queensland Court of Appeal dismissed the dog owner’s application for an extension of time to apply for leave to appeal the decision QCAT Appeal Tribunal of 13 December 2019. The dog owner did not attend this hearing and has been ordered to pay Council’s costs of those proceedings.

The outcome of these proceedings has been that the dangerous dog declaration and destruction order remain in force.

The dog remains in Council's care. Options to appeal the Queensland Court of Appeal's decision are still available to the owner of the dog.

For further information, please refer to the following:

It is important to note that there is a non-publication order in place in respect of this matter, which, among other orders, prohibits the publication of “all information which enables a person who has appeared before the Tribunal or is affected by the proceedings, including Council officers and other persons who provided or prepared documents …, to be identified”, excluding the name of the dog's owner and the Council.  See:  Cutbush v Scenic Rim Regional Council [2018] QCAT 139 www.sclqld.org.au/caselaw/QCAT/2018/139 and order four of Cutbush v Scenic Rim Regional Council [2019] QCAT 80 www.sclqld.org.au/caselaw/QCAT/2019/80.

It is a criminal offence to contravene a Tribunal decision, including a non-publication order.