“If a dog were to meet every one of the criteria as set out in the standard, it would be a perfect example of an American Pit Bull Terrier. It is however unlikely that such a dog exists.
Conversely it is likely that all or most dogs would meet at least some of the criteria of the standard.
It is clear then that in determining whether a dog is a restricted breed dog strict compliance with every component of the standard is not required.”
Deputy President H Lambrick – Victorian Civil and Administrative Tribunal
When Premier Ted Ballieu gave Victorian councils unprecedented powers to seize and kill dogs they deem to be ‘pit bulls’ or ‘of pit bull type’, he did so under the pretence of making the community safer.
The Lost Dogs Home CEO, Graeme Smith, had been a long-time champion of these laws assuring us that there were thousands of ‘pit bulls’ living undetected in the community and that;
“If it looks like a Pit Bull, it is a Pit Bull.”
Of course both Premier Ballieu and Dr Smith knew visually identifying pit bulls is not a science. Crudely interpreting a government issued ‘breed standard’, animal management officers were directed to assert which dogs fit the standard and would fall foul of the new laws. While similar looking dogs determined to fall outside of the standard, are free to continue to live in the community. None of these assessments are based on the dog’s actual temperament – the determinations are 100% visual.
So what does a pit bull look like?
The three breeds of dog that make up the Victorian standard ‘pit bull’ can include any or all of the breeds above. Or none of them. Quite simply it’s a genetic crapshoot.
“It is possible that a dog may look like a pit bull type dog when it is not.”
Linda Watson – Research Fellow and PhD candidate at Monash University Accident Research Centre: PhD – ‘Dog Bite Injury: an investigation into the effectiveness of regulation’
Owners of dogs who believe the appraisal of their dogs as looking like ‘pit bulls’ have the opportunity to defend their dog’s declaration at the Victorian Civil and Administrative Tribunal (VCAT). This is an expensive process for both the owner and the Council.
I have consulted with a representative who has attended many of these cases to get an idea of costs. They been able to tell me that pound fees at the Lost Dogs Home are charged at $27.50 per day. The RSPCA charge $13 per day. The daily cost for a barrister is around $2,200, while a solicitor is roughly $250/hour. A case that goes to the Supreme Court can expect to incurs legal fees of around $30,000. Also incurred would be the cost of any Council staff in attendance; a ranger’s wage would be about $200 per day.
Below are the details of the cases that have been before VCAT since the laws were passed. Ask yourself – is this a good use of your tax dollars and local council resources?
Dog’s name – Tess
Impounded 5/12/2011. Held in the Lost Dogs Home pound for five months ($4k)
Approx legal/admin costs ($10k)
Outcome – Owner won. Tess went home 30/04/2012
Dog’s name – Lilla
Not seized
Approx legal/admin costs ($10k)
Outcome – Owner lost. Lilla to be kept as Restricted Breed Dog
Dog’s name – Bella
Impounded in November – still being held in the Lost Dogs Home pound ($1.5k)
Pending hearing
Dog’s name – Shae
Impounded – held in the Lost Dogs Home pound for four months ($3k)
Approx legal/admin costs ($10k)
Outcome – Owner won. Shae not released (other charges pending)
Dog’s name – Butch
Impounded in September – still held in the Lost Dogs Home pound ($2.5k)
Awaiting decision
Bobo
Dog’s name – Bobo
Impounded 20/03/2012. Held in the Lost Dogs Home pound for five months ($4k)
Approx legal/admin costs ($10k)
Outcome – Owner Lost. Appealed in the Supreme Court
Waiting on appeal date
Dogs’ name – Soldier & Allira
Impounded 20/03/2012. Held in the Lost Dogs Home pound for eight months ($6k)
Approx legal/admin costs ($10k)
Outcome – Owner won. both Soldier and Allira went home 28/11/2012
Dog’s name – Charlie
Impounded 2/05/2012. Held in the Lost Dogs Home pound for five months ($4k)
Approx legal/admin costs ($10k)
Outcome – Owner won. Charlie not released (other charges pending)
Hume City Council recently confessed in the media to spending more than $100,000 in legal fees related to dog confiscations and housing dog this year, making these estimations conservative. Considering in the eight cases above, the council only won a single case, it throws enormous doubt over the ability of rangers to make accurate and defendable assessments of dogs based on the Standard.
Dog’s name – Butch
Impounded 30/09/2011. Held at the RSPCA pound for nearly a year ($5k)
Approx legal/admin costs ($25k)
Owner Lost, appealed in the Supreme Court ($30k)
Settlement – confidential agreement
This dog had never caused a problem in the community and was seized from his home. Council has confirmed that this one case has cost them “in excess of $100,000”. Only because of community support, could these owners afford to fight this case.
Dog’s name – Jaxon
Impounded date unknown
Outcome – case withdrawn – Jaxon killed
Dogs’ name – Simarni and Chuck
Impounded October 2011. Held at Lost Dogs Home pound for five months ($3k)
Outcome – Lost, Owner didn’t appear. Simarni and Chuck killed 7/04/2012
Dog’s name – Bella
Impounded 21/6/2012. Held at Lost Dogs Home pound for five months ($3k)
Approx legal/admin costs ($10k)
Outcome owner won. Bella released 9/11/2012
Dog’s name – Chichina
Impounded 8/10/2012 – Held at the Lost Dogs Home pound for three months; still in pound ($2.5k)
Pending hearing
Bear and Kooda
Dogs’ name – Bear & Kooda
Impounded 2/8/11 – held at Moira CC pound 11 months ($6k)
Approx legal/admin costs ($20k)
Outcome owners lost – dogs both killed 14/06/2012
Dog’s name – Buster
Impounded 16/05/2012 – held at Moira CC pound for six months ($3k)
Approx legal/admin costs ($10k)
Owner won – Buster sent home 16/11/2012
Dog’s name – Ace
Impounded 19/12/2011, held at an RSPCA pound five months ($2k)
Approx legal/admin costs ($10k)
Outcome – Owner lost – Ace killed by RSPCA May 2012
Dog’s name – Baby (Rapta)
Impounded 30/09/2011, held at an RSPCA pound for three months, still being held ($2k)
Approx legal/admin costs ($10k)
Owner Lost, appealed in the Supreme Court ($30k)
Outcome owner won appeal – Baby given release notice 19/12/12
Chevy
Dog’s name – Chevy
Impounded 4/07/2012, held at an RSPCA pound for three months ($2k)
Approx legal/admin costs ($10k)
Outcome – Owner won. Chevy went home 5/10/12
Dog’s name – Taco
Impounded December 2011, held at an RSPCA pound four months ($2k)
Outcome – Owner didn’t appear. Taco killed April 2012.
Tonka
Dog’s name – Tonka
Impounded 17/02/2012, held at the Lost Dogs Home pound for four months ($3k)
Approx legal/admin costs ($10k)
Outcome – Owner won. Tonka went home 5/06/2012.
Dog’s name – Narlah
Impounded 26/01/2012, held at the Lost Dogs Home pound for four months ($3k)
Approx legal/admin costs ($10k)
Outcome – Owner won. Narlah went home 6/06/2012.
Dog’s name – Mya (19mths old, desexed)
Impounded 21/03/2012, held at the Lost Dogs Home pound for three months ($2.5k)
Approx legal/admin costs ($10k)
Outcome – Owner won. Mya went home 4/07/2012.
Dog’s name – Tia (and pups)
Impounded 24/10/2011, held at the Lost Dogs Home pound for 13 months ($10k)
Approx legal/admin costs ($10k)
Owner Lost, appealed in the Supreme Court ($30k)
Outcome – Owner won. Tia went home with pups 7/12/2012.
Dog’s name – Jet (with Tia)
Impounded 24/10/2011, held at the Lost Dogs Home pound for eight months ($6k)
Approx legal/admin costs ($10k)
Outcome – Owner won. Jet went home late June 2012.
Rocket
Dog’s name – Rocket
Impounded 25/03/2012, held at the Lost Dogs Home pound for nine months, still in pound ($7k)
Approx legal/admin costs ($10k)
Owner Lost, appealed to the Supreme Court
Pending hearing
Doug
Dog’s name – Doug (seized at six months old)
Impounded 20/04/2012, held at the Lost Dogs Home pound for three months, still in pound ($2.5k)
Owner Lost, appealed to the Supreme Court
Pending hearing
Mylo
Dog’s name – Mylo
Impounded 7/05/2012, held at the Lost Dogs Home pound for eight months, still in pound ($6k)
Approx legal/admin costs ($10k)
Owner Lost, appealed to the Supreme Court
Pending hearing
Dog’s name – Tiger Lily (and pups)
Unknown
Pending hearing
Dog’s name – Boss
Greater Bendigo
Impounded November 2012 at an RSPCA pound
Pending hearing
There are 30 dogs who have been processed by VCAT in the last few months of 2011, and the 2012 year.
It’s no stretch to say more than $500,000 has been spent on just impoundment fees, and legal and admin charges in an effort to kill these 30 dogs.
These dogs weren’t appraised on temperament, but on how they look.
We need an explanation from the powers who brought in these laws – just how did this half million dollar spend, and the impoundment of innocent dogs, make the Victorian community any safer?
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