Controlling dogs in public places
Dogs benefit greatly from the chance to run freely. Under the Companion Animals Act 1998, each council must provide at least one off-leash area where dogs can be exercised.
Contact your local council to find out about off-leash areas in your local area.
A dog that is in a public place must be under your effective control. A dog is not considered to be under effective control if you are handling more than 4 dogs at the same time. You should also be able to control your dog in an off-leash area.
If your dog defecates in a public place or on someone else’s property, you must remove the faeces immediately and dispose of it. If you do not clean up after your dog, you may be liable for a maximum penalty of $880.
As a dog owner, you are liable if your dog attacks a person or another animal.
While the Companion Animals Act 1998 gives certain protection to an owner whose dog attacks as a result of a person or an animal trespassing onto the property on which the dog is kept, other forms of liability may still apply.
Can someone else remove my dog from my property?
The Companion Animals Act 1998 allows an authorised council officer or police officer to enter a property and seize a dog in certain circumstances. These include:
- when the owner consents
- if the dog has attacked or bitten an animal or person and the owner is not there
- if the dog has attacked or bitten an animal or person and the owner cannot bring the dog under effective control
An authorised officer may only enter a residential dwelling on a property where the owner consents or the officer has a search warrant.
An authorised officer may also seize a dog at any time within 72 hours of an attack if the owner fails to keep the dog adequately secured or the officer has reasonable grounds to believe that the dog will not be kept under effective control.
If a dog has been seized, the authorised officer must give the owner a notice setting out the reason for the seizure and the place to which the dog has been taken.
The intention of this part of the Companion Animals Act 1998 is to give an authorised officer the power to bring under control a dog that has attacked and is at risk of continuing to cause an immediate threat to public safety.
Restricted dogs, proposed restricted dogs and declared dangerous or menacing dogs can also be seized and removed from a property in certain circumstances. Contact your local council for more information.
Penalties owners face when their dog has attacked, or been encouraged to attack
| Offence under Companion Animals Act 1998 | Section | Imprisonment provision | Maximum penalty amount |
|---|---|---|---|
| Encouraging dog to attack, bite, harass or chase any person or animal (other than vermin), whether or not actual injury is caused | s17(1) | No | 200 penalty units/$22,000 |
| Encouraging a restricted dog or declared dangerous or menacing dog to attack, bite, harass or chase any person or animal (other than vermin), whether or not actual injury is caused | s.17(1A) | 5 years (and permanent disqualification from owning a dog or being in charge of a dog in a public place in NSW (s.23). | 700 penalty units/$77,000 |
| Dog rushes at, attacks, bites, harasses or chases any person or animal (other than vermin), whether or not any injury is caused to the person or animal | s.16(1)(a) | No | 100 penalty units/$11,000 |
| Dog rushes, attacks, bites, harasses or chases any person or animal (other than vermin), whether or not any injury is caused to the person or animal as a result of a reckless act or omission by the dog's owner or another person in charge of the dog at the time of the attack | s.16(1AA) | 2 years and/or | 200 penalty units/$22,000 |
| Restricted dog or declared dangerous or menacing dog rushes at, attacks, bites, harasses or chases any person or animal (other than vermin), whether or not any injury is caused to the person or animal | s.16(1)(b) | No | 400 penalty units/$44,000 |
| Restricted dog or declared dangerous or menacing dog rushes at, attacks, bites, harasses or chases any person or animal (other than vermin), whether or not any injury is caused to the person or animal as a result of a reckless act or omission by the dog's owner or another owner person in charge of the dog at the time of the attack | s.16(1AB) | 4 years and/or | 500 penalty units/$55,000 |
| Restricted dog or declared dangerous or menacing dog attacks or bites any person (whether or not any injury is caused to the person), as a result of the owner's failure to comply with control requirements | s.16(1A) | 5 years (and permanent disqualification from owning a dog or being in charge of a dog in a public place in NSW S.23) | 700 penalty units/$77,000 |