4th October 2007 Issue 91
LOCAL GOVERNMENT ADVISORY BRIEFLY
If you are having trouble viewing this newsletter click here
In this issue:
Watching Guard Dogs
.At present, there are three prosecutions pending, bought by three different councils, against a company which provides security services, including guard dogs. The offences to which the prosecutions relate include failing to notify the Council as to where and at what times the dogs are kept at a company’s premises, failing to identify the dogs as required, owning dogs found wandering at large, owning dogs that attacked or harassed another person or animal, failing to fit guard dog collars as required and failing to display warning signs as required. The Dog and Cat Management Act 1995 and the Dog and Cat Management Regulations 1995 impose specific obligations on businesses which own guard dogs and are registered for that purpose. In light of the recent contraventions of these obligations, it is important to be mindful of these obligations and to ensure they are being observed by businesses to which guard dogs are registered. If you have any concerns with regards to these obligations or issues which have arisen, please do not hesitate to contact us.
For further information about issues covered in this article, please contact Paul Kelly on 8210 1248 or pkelly@normans.com.au
Too many Dogs?
Many councils currently have by-laws made under the Dog and Cat Management Act 1995 limiting the number of dogs permitted to be registered at a single residence unless prior consent is obtained from the council in writing waiving compliance with the by-law. However, it has recently come to our attention that many councils do not have appropriate mechanisms in place to monitor compliance with the by-laws particularly when more than the maximum number of dogs allowed are registered at the one premises. If this situation is familiar to your council, we recommend that you consider implementing mechanisms necessary to identify any non-compliances with the council’s by-law. Regularly auditing the number of dog registrations at the one premises is one way a council might identify a breach of the by-law and take action.
For further information about issues covered in this article, please contact Paul Kelly on 8210 1248 or pkelly@normans.com.au
The New Weapon in Successfully Prosecuting Dog Attacks – Doggy DNA Kits
Articles have recently appeared in a number of newspapers around South Australia promoting the use by Councils of DNA technology to provide evidence in dog attack prosecutions. The Dog Attack DNA Kits are the creation of Melbourne company Genetic Technologies. Genetic Technologies promotes the use of the Kits in cases where a victim is unable to identify a dog, where there are numerous dogs present at the scene and witnesses are unable to identify a particular dog as the attacker. The kits will also be of assistance to councils where livestock is attacked by a dog and there are no witnesses. The kits are already being used by various councils in Victoria and the first case in which DNA evidence was presented was successfully prosecuted by the City of Port Phillip recently. The kits are expected to be available in South Australia in the near future. We will be happy to discuss the potential benefits and drawbacks of their use.
For further information about issues covered in this article, please contact Paul Kelly on 8210 1248 or pkelly@normans.com.au
Fire Danger Season – Upcoming Training
The Fire Danger Season is almost upon us. In light of the poor rainfalls recorded across the State throughout winter it is anticipated that councils will need to be vigilant in the fulfilment of their obligations and the exercise of their powers under the Fire and Emergency Services Act 2005. We will therefore be providing a training session in October 2007 which will address councils powers, the circumstances under which they may be exercised and the procedures to be followed in exercising those powers amongst many other matters. Specific details of the training session will be provided in the near future.
For further information about issues covered in this article, please contact Felice D'Agostino on 8210 1202 or fdagostino@normans.com.au.
Which Brieflys would you like to receive?
If you wish to:
- subscribe to additional Brieflys,
- unsubscribe to any you are currently receiving
please visit the Norman
Waterhouse Subscriptions Page
Brieflys are produced in the following categories:
Business
Employment
Environment and Planning
Hospitality
Local Government
Property
Personal Services
Technology and Intellectual Property
We respect your right to privacy. You can view our Privacy Information
Notice on our website and our Privacy Policy is available on
request from our Privacy Officer at privacy@normans.com.au The
contents of this newsletter are for information only and should
not be taken as advice on the law.
© Norman Waterhouse 2007. All Rights Reserved. You may not
reproduce all or any part of this newsletter without our prior
consent. Requests should be directed to the Editor of this newsletter
Felice D’Agostino.
Norman Waterhouse
Lawyers
Adelaide
Level 15
45 Pirie Street Adelaide
GPO Box 639 Adelaide
South Australia 5001
Telephone +61 8 8210 1200
Facsimile + 61 8 8210 1234
click
here to unsubscribe from this publication
|
