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Confusion reigns over dog attack laws, as police say they have virtually no jurisdiction despite legislation

NT POLICE say they have no authority to handle dog attacks in local government areas, despite the existence of legislation defining those incidents as offences

What do you do when a dog attacks you?

NT POLICE say they have no authority to handle dog attacks against people or other animals in local government areas, despite the existence of legislation defining those incidents as offences, based on an “internal document” they refuse to release.

According to section 75A of the NT Summary Offences Act 1923, the owner of a dog that attacks or menaces a person or animal is guilty of an offence and can be ordered by a court to pay a $5000 fine or have their dog impounded or destroyed.

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The section also states that a police officer who believes on reasonable grounds a dog has or may cause serious injury to an animal may seize, impound or destroy that dog.

Despite that legislation, an NT Police spokeswoman has told the Sunday Territorian police only have authority to handle incidents involving dogs menacing or attacking people in areas where there are no local government by-laws in place.

When asked for the source of that qualification, she cited an “internal document” setting out police practices and procedures that was “not for further distribution”.

She said the sole exception were cases in which owners actively encouraged their dogs to attack.

NT Police say they have no authority to handle dog attacks against people or other animals in local government areas, despite the existence of legislation defining those incidents as offences. Picture: iStock
NT Police say they have no authority to handle dog attacks against people or other animals in local government areas, despite the existence of legislation defining those incidents as offences. Picture: iStock

It comes after Local Government Minister Chansey Paech and Member for Goyder Kezia Purick both said police were the responsible authority for dog attacks under the Act.

Ms Purick, who asked Police Minister Nicole Manison in parliament on Thursday what police were doing to address recent dog attacks, said there appeared to be a “misunderstanding” about responsibility for handling dangerous dogs.

She suggested a memorandum of understanding between NT Police and local councils to provide clarity.

“Council definitely has a role to play in regard to dog management and control, but in cases that involve threat to human life, that’s when police have to be involved,” she said.

“Let’s assume a child was killed or badly mauled, along with dogs … of course police should be involved.”

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More than 600 NT residents whose pets or loved ones have been mauled by dogs have joined new Facebook group NT Dogs Bylaws, calling for stronger laws to prevent people and animals from being attacked.

Group spokeswoman Yvette Goldberg said police saying they had no jurisdiction over dog attacks was “totally unacceptable”.

“It’s there in writing, it’s an open and shut case,” she said.

“Police are supposed to keep the community safe. It makes no difference if it’s a person with a gun or a dog with vicious teeth – they still have intent to harm.”

“If somebody’s dog kills someone’s child, I don’t want a cop to say that’s a council issue.”

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Original URL: https://www.ntnews.com.au/truecrimeaustralia/police-courts/confusion-reigns-over-dog-attack-laws-as-police-say-they-have-virtually-no-jurisdiction-despite-legislation/news-story/a0999f4b4d23cc9a0fdd00b3da7135fb