Mark Steven Westacott fights Noosa Council over Dangerous Dog Declaration

A Marcus Beach businessman argues his pet dog was provoked in the moments before a delivery driver was bitten, as he appeals Noosa Council’s dangerous dog declaration.

Mark Westacott accused a delivery man of provoking his dog after he was bitten on the arm and declared dangerous. Now, he's taken on the council to clear his pet's name.

A Marcus Beach businessman has lost his bid at overturning a Dangerous Dog Declaration after his dog bit a delivery driver in 2021, tribunal documents have revealed.

Queensland Civil and Administrative Tribunal documents state Mark Steven Westacott’s Dalmatian cross, Max, was branded a dangerous dog by the Noosa Shire Council after a delivery man was attacked while dropping a pallet of 20L containers of epoxy resin off in November 2021.

The documents state the man had opened a front gate to knock on Mr Westacott’s front door when Max jumped at his face and bit his arm when he tried to protect himself.

This left a tear in his long-sleeved work short and a patch of skin missing from his arm, the documents state.

He told the tribunal Max had not latched onto his arm and the injury was “more or less just a slash” possibly from when he moved his arm out of the dogs mouth, the documents state.

Mark Westacott took on the Noosa Council to overturn a Dangerous Dog Declaration on his Dalmatian cross, Max, after he bit a delivery man in November 2021. Photo: Social media

He claimed in the documents he would not have entered the property if he heard Max barking or if there was any warning there were dogs on site.

Mr Westacott said in court documents there was a “Caution: dogs running free” sign and claimed the delivery man said in a phone call after the fact he knew this but entered regardless.

Mr Westacott then accused the man of provoking the dog and said the council was not being impartial. He showed letters from a Peregian Springs vet and a professional dog trainer describing Max as calm, gentle and friendly, the documents state.

A 30-signature petition condemning the council for branding Max dangerous, saying it was “simply wrong”, as well as a video of Max playing with other dogs and Mr Westacott’s 10-month-old grandson were also shown, the documents state.

Dalmatian. Generic image. Photo: iStock

The council argued in the documents the delivery man did nothing wrong by entering Mr Westacott’s property and should not have been attacked.

They claimed Max caused him grievous bodily harm and declaring him dangerous was in the public interest, the documents state.

They then accused Mr Westacott of not ensuring the public had safe access to his front door, the documents state.

QCAT Member Sasanka Munasinghe said in court documents he did not accept claims the delivery man provoked Max. He did agree Max was usually a friendly dog with a gentle disposition.

Mr Munasinghe confirmed the council’s decision to declare Max a dangerous dog.

A Noosa Council spokesperson said they welcomed the tribunal ruling while community services director Kerri Contini said Dangerous Dog Declarations were not considered lightly but council will not accept any threat to public safety.

“There are different requirements for keeping a regulated dangerous or menacing dog and it’s the owner’s responsibility to always comply with the mandatory conditions,” she said.

Mr Westacott declined to comment.