| CITATION: | O’Brien v Gladstone Regional Council [2014] QCAT 618 |
| PARTIES: | Shelley O’Brien (Applicant) |
| v | |
| Gladstone Regional Council (Respondent) |
| APPLICATION NUMBER: | GAR283-14 |
| MATTER TYPE: | General administrative review matters |
| HEARING DATE: | 18 November 2014 |
| HEARD AT: | Rockhampton |
| DECISION OF: | Member Beckinsale |
| DELIVERED ON: | 28 November 2014 |
| DELIVERED AT: | Brisbane |
| ORDERS MADE: | 1. The decision of the Gladstone Regional Council regulating a Great Dane named Boof as a declared dangerous dog is confirmed. |
| CATCHWORDS: | REGULATED DOG DECLARATION - declared dangerous dog - whether dog seriously attacked - whether declaration correctly made. Animal Management (Cats and Dogs) Act 2008 (Qld) ss 3, 70(1), 89(1), 89(2), 89(3), 89(7),194,195,196 and 188 Van Cuylenburg v Tablelands Regional Council [2012] QCATA 60 |
APPEARANCES and REPRESENTATION (if any):
| APPLICANT: | Shelley O’Brien represented herself |
| RESPONDENT: | Gladstone Regional Council represented by Brooke Saunders |
REASONS FOR DECISION
Background
Mrs O’Brien is the owner of a male Great Dane named Boof.
Following an incident on 20 June 2014, involving Boof and a male Bichoodle named Ollie, the Gladstone Regional Council, on 24 July 2014, declared Boof a dangerous dog under the Animal Management (Cats and Dogs) Act 2008 (Qld) (the Act).
The Council refused to overturn that decision on internal review on 11 August 2014.
Mrs O’Brien has applied to QCAT for a review of that decision.
Legal Framework
The Act empowers a local government to declare a particular dog to be a declared dangerous dog[1] if the dog has seriously attacked, or acted in a way that caused fear to, a person or another animal[2] or may, in the opinion of an authorised person having regard to the way the dog has behaved towards a person or another animal, seriously attack, or act in a way that causes fear to, the person or animal.[3]
The Act says that in that section, serious attack means to attack in a way causing bodily harm[4], grievous bodily harm[5] or death.[6]
[4]Ibid Schedule 2 Dictionary “bodily harm” has the meaning given by the Criminal Code 1899 s 1 which is “bodily harm means any injury which interferes with health or comfort”.
[5]Ibid “grievous bodily harm means an injury which if left untreated would endanger or be likely to endanger life, or cause or be likely to cause permanent injury to health.”
[6]Ibid s 89(7).
The Act provides a menacing dog declaration may be made for a dog only if the above grounds exist for the dog, except that the attack was not serious.[7]
[7]Ibid s 89(3).
The making of such declarations is discretionary, with the decision maker to determine how the objects of the Act are best met.[8]
[8]Ibid s 3.
The jurisdiction of the Tribunal to review this matter is provided in section 188 of the Act with section…
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- Case
- [2014] QCAT 618
- Decision Date
CaseChat Overview and Summary
The legal issues before the Tribunal centred on whether the dog indeed seriously attacked the person and if the council's declaration was correctly made under the relevant legislation. Specifically, the Tribunal had to determine if the council properly exercised its statutory powers and if the declaration was in accordance with the statutory provisions and principles of natural justice.
The Tribunal examined the evidence and found that the council's decision to declare Boof as a dangerous dog was based on sufficient evidence. The Tribunal concluded that the attack was serious enough to warrant the regulatory action and that the council had adhered to the statutory requirements. The Tribunal also found that the principles of natural justice were upheld in the council's decision-making process. Consequently, the Tribunal confirmed the council's decision.
The final orders of the Tribunal were to confirm the Gladstone Regional Council's decision to regulate Boof as a declared dangerous dog. The Tribunal found that the council had correctly applied the relevant statutory provisions and that the declaration was justified based on the evidence presented.
Orders
Orders of the court
1. The decision of the Gladstone Regional Council regulating a Great Dane named Boof as a declared dangerous dog is confirmed.
Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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