Watts v Tablelands Regional Council

Watts brought an application to the Queensland Civil and Administrative Tribunal to review a decision by the Tablelands Regional Council to declare his dog, Susie, a declared dangerous dog. The dispute centred around whether the Council had sufficient evidence to declare Susie a dangerous dog and if the evidence was sufficient to prove that Susie was the dog responsible for an attack on the balance of probabilities. The Council's decision was made under Section 89 of the relevant Act, which empowers local governments to make declarations regarding dogs that have seriously attacked or caused fear to a person or another animal. The Council argued that Susie was responsible for an attack on a child, and the Tribunal was required to determine whether the evidence provided was sufficient to support this declaration.

The Tribunal examined the evidence presented by the Council, including witness statements, video footage, and expert opinions, to determine if it was sufficient to prove that Susie was the dog responsible for the attack on the balance of probabilities. The Tribunal also considered the identity of the attacking dog and whether there was sufficient evidence to distinguish Susie from other dogs that may have been present during the incident. The Tribunal's review involved a fresh hearing on the merits, as outlined in Sections 20 and 24 of the Queensland Civil and Administrative Tribunal Act 2009. The Tribunal had the power to confirm, amend, set aside, or return the matter for reconsideration to the decision-maker.

After reviewing the evidence, the Tribunal found that the Council had sufficient evidence to declare Susie a declared dangerous dog. The Tribunal confirmed the Council's decision, finding that the evidence was sufficient to prove that Susie was responsible for the attack on the balance of probabilities. The Tribunal dismissed Watts' application and confirmed the Council's decision to regulate Susie as a declared dangerous dog. Each party was ordered to meet their own costs.