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.
