On 1 December 2011, the Hon P Lucas MP, Attorney-General, Minister for Local Government and Special Minister of State, introduced the Law Reform Amendment Bill 2011 (Qld) into the Queensland Parliament.
A key objective of this Bill is the introduction of a specific new offence into the Criminal Code of dangerous management of a dog resulting in the death or grievous bodily harm of a person through an attack (proposed new s 334A). A person responsible for such a dog will be liable to a maximum penalty of 10 years’ imprisonment.
The Bill provides that a person ‘manages a dog dangerously’ if he or she manages a dog in a way that is dangerous having regard to all the circumstances, including, for example:
- the age, size and strength of the dog;
- the past conduct of the dog, its training and temperament;
- the current medical and physical condition of the dog;
- whether the restraint of the dog was appropriate in all the circumstances;
- for the use of a dog to protect persons or premises – whether the use of the dog is appropriate in all the circumstances;
- for a person who has control of the dog and who permits someone else to have actual custody of the dog – all the circumstances in which this happens, including, for example:
- the choice of the other person;
- the conditions on which custody is permitted or allowed; and
- the information and instructions provided to the other person.
It is important to note that the new offence will apply to a person who is ‘responsible’ for such a dog, namely:
- a person who has control of the dog, even if someone else has the actual custody (i.e physical possession) of the dog; or
- a person who has custody of the dog.
Certain exceptions apply to government entities and in relation to dogs of government entities.
The Bill follows the introduction of legislation with a similar intent in Victoria in September 2011 following the shocking death of a four year old girl, Ayen ChoI, in a Melbourne home in August 2011 as a result of an unprovoked attack by a dog that escaped from a neighbouring property. Refer to the Crimes and Domestic Animals Acts Amendment (Offences and Penalties) Act 2011 (Vic), amending the Crimes Act 1958 (Vic). This legislation introduced – effective from 3 November 2011 – offences in Victoria of:
- failing to control a dangerous, menacing or restricted breed dog that kills a person – maximum penalty of 10 years’ imprisonment; and
- being reckless as to whether controlling a dangerous, menacing or restricted breed dog may place another person in danger of death – maximum penalty of five years’ imprisonment.
Figures on dog attacks appear patchy, with no national or state body keeping numbers and reference instead being made to figures kept by hospitals and councils. Infants and young children appear the most vulnerable to dog attacks. Kidsafe Queensland has said that crawling toddlers between 12 and 18 months are most at risk and that according to their research, on average, 1,200 Queensland children go to hospital emergency departments each year after being bitten by a dog. In 81% of attacks the child is bitten in their own home.
The next most vulnerable group is six to 10 year olds.
Key Documents:
- Introduction and Referral to Legal Affairs, Police, Corrective Services and Emergency Services Committee (Hansard, 1 December 2011, pp 4031-4035 at pp 4032-4033)
- Explanatory Notes (in particular, pp 8, 14, 20-21)
Ministerial Media Statements (Hon P Lucas MP, Attorney-General, Minister for Local Government and Special Minister of State):
- ‘New laws clarify dangerous dog rules’, 1 December 2011
- ‘Proposed amendments to Queensland dog laws’, 16 October 2011
- ‘State Government considers strengthening dangerous dog laws’, 13 September 2011
Consultation draft released in October 2011
Kidsafe Queensland website – Dog Attacks Fact Sheet
Patrese McVeigh, ‘Barking up the wrong tree: laws already cover dangerous dogs’, Proctor, 31(11), December 2011, p 36
‘Dog fight brews over tough laws’, Australian, 8 September 2011
‘Dog attacks on rise in Brisbane’, Brisbane Times, 30 August 2011
‘Dogs take awful toll – children scarred for life by wave of attacks’, Sunday Mail, 24 July 2011
Kidsafe Queensland website – Dog Attacks Fact Sheet
Patrese McVeigh, ‘Barking up the wrong tree: laws already cover dangerous dogs’, Proctor, 31(11), December 2011, p 36
‘Dog fight brews over tough laws’, Australian, 8 September 2011
‘Dog attacks on rise in Brisbane’, Brisbane Times, 30 August 2011
‘Dogs take awful toll – children scarred for life by wave of attacks’, Sunday Mail, 24 July 2011
Renee Gastaldon
General Distribution Research Team, Research and Information Service
