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Implementing new legislation in Victoria - a council perspective

 

Fred Pallas

 

Introduction

 

This paper discusses some issues relating to the implementation of the new Victorian Domestic (Feral and Nuisance)

Animals Act in one municipality. The Act replaced the Dog Act that had served the people of Victoria since 1970. It

was clear to most of us in local government that there were deficiencies in the Dog Act and there was strong support

for change.

 

There seemed to be more aggressive dogs being introduced into society. The incidence of mauling dog attacks rather

than dog bites appeared to be increasing. The penalties provided in the Dog Act for offences which resulted in

serious injury were considered by most to be inadequate.

 

There were no controls in the Dog Act covering the sources of domestic animals. Since there was no legislation

covering cats, they were free to roam throughout the state. Some councils had passed local laws (by laws) placing

restrictions on cats in particular places at particular times. Local laws have severe limitations when it comes to

controlling animals as by their very nature, they are mobile and do not recognise municipal boundaries.

 

Those responsible for preparing the replacement legislation gave assurances that it would provide adequate powers

and processes to council officers to achieve the objectives of the Act. This was important, particularly in the new

areas of cat control, the supervision of domestic animal businesses and dangerous dogs. It had taken a number of

years to draft the Bill and there had been a significant amount of consultation with those who would be affected by

the legislation.

 

Has the Domestic (Feral and Nuisance) Animals Act provided useful solutions to the perceived problems? Do the

provisions and processes in the Act contribute significantly to the solutions, or have they simply created a new range

of problems?

 

About the author

 

Fred Pallas AIMM

Manager, Neighbourhood Support Services.

Mornington Peninsula Shire Council

Private Bag 1000

ROSEBUD AUSTRALIA 3939

 

Fred Pallas has been involved in local government since 1986 when he left his military career of almost 25 years to

accept the appointment of Superintendent of Traffic and By-Laws with the Shire of Mornington Council.

 

Fred introduced effective animal management programs to the municipality and persuaded the council to adopt widely

differing registration fees for sterilised and entire dogs which has impacted favourably on the number of dogs

impounded.

 

He has been a strong advocate of effective legislation and has presented his views to Parliamentary Working Parties

on animal welfare. While he supports the direction various governments are taking with legislation, he believes that

the tendency is to address the symptoms and not the problems. Problem solving is, in his words, 'still being left to

those in the field'.

 

Fred is with the Mornington Peninsula Shire Council and is working to implement the Domestic (Feral and

Nuisance) Animals Act amid the uncertainties of a competitive tendering environment.

 

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