Animals

Who is the legal owner of a cat or dog?

Sometimes it might not be easy to work out who an owner is, or there might be more than one owner of an animal.

Under the Companion Animals Act 1998 (NSW), the owner of a dog or cat is any person who:

• ordinarily keeps the animal at their property
  
• is the registered owner of the animal
  
• purchased the animal.

What if there is​​ a dispute over ownership?

If there is a dispute over an animal because of a relationship breakdown, get legal advice about your circumstances.

In all other situations, if there is a dispute over ownership of an animal you could consider:

• who is the registered owner of the animal, or what records show who the owner is
  
• who purchased the animal, for example, by looking at any contracts, invoices or receipts
  
• where the animal has been living and who has had responsibility for looking after its welfare.

If you are involved in a dispute about who owns an animal, you can:

• talk to the other people involved in the dispute to see if you can reach an agreement
• try mediation through a Community Justice Centre
• get legal advice about any legal action available to you.​

Do I need a permit to own a dog?

You must pay for an annual permit to own a dog that is:

• a dangerous dog, or
• a restricted dog. 

If you don’t get a permit, you may be guilty of an offence. 

You must still register your dog by six months of age.

Do I need a permit to own a cat?

If you buy a cat after 1 July 2020, you must desex your cat by four months of age or you will need to purchase an annual permit to own your cat. If you don't, you may be committing an offence.

You may be exempt from purchasing a permit if:

• you are a recognised breeder and your cat is being used for breeding
• a veterinarian has stated in writing that your cat should not be desexed until it reaches a certain age - you will need to desex your cat by the age given by the veterinarian or purchase an annual permit
• a veterinarian has stated in writing that your cat shouldn't be desexed because it would be serious health risk.

You still need to register your cat by six months of age.

Can I be fined​​ for not having my dog on a leash?

A dog must be on a leash, chain or cord when in a public place, unless it is in a specific off-leash area. A dog must also have a collar and name tag. The tag must have the dogs name, as well as the address or phone number of the owner.

You can be fined if your dog, or a dog under your control, is not on a leash, unless the dog is:

• in a declared off leash area (and as long as there are four or less dogs under your control)
  
• a working dog, for example, a dog used to assist with stock or droving
  
• being displayed in a show or is participating in an obedience class, trial or exhibition
  
• a police dog or corrective services dog
  
• secured in a cage or vehicle or tied to a fixed object or structure.

You can also be fined if your dog does not have a collar and tag. For some breeds, there are additional requirements, for example, some breeds have to be muzzled unless an exemption applies.

If you have more than four dogs in public, you can't be considered to have effective control of the dogs, regardless of whether they are on a leash or not.

If you ​​have received a fine for not having your dog on a leash in a public place, or because your dog ​​did not have a collar and/or tag, see Types of fines on the My problem is about section of our website.

If you want to dispute the fine, you should get legal advice.

Is it legal for​​​ children to walk dogs?

There is no law against a child walking a dog, although the dog must be under the effective control of a competent person by being secured by a leash, chain or cord when in a public place. 

If a dog is not on a leash or under the effective control of a competent person, a fine may be issued. ​This fine can be issued to the owner. If the owner was not present and the dog was in control of another person who is over 16, that person can be fined instead.

Do I have to clean​ up after my dog if they defecate in public?

The owner of a dog, or the person who has control over the dog if they are over 16, must immediately remove and dispose of dog faeces (poo). If you don't, you can be fined.

An exception applies for assistance animals where the animal is assisting a person with a disability, if the persons disability would make it impractical for them to dispose of the faeces.

What​​​​​​ laws apply to dogs travelling in vehicles?

When travelling with a dog in your vehicle, you must have proper control of the vehicle. This means that you are not allowed to have the dog on your lap.

Additionally, you must not carry a dog in the back of a moving vehicle on a public street, for example in the back of a ute, unless the dog is restrained or enclosed to prevent it from falling from the vehicle.

Y​​ou m​​​​​​​​ay be fined and/or accumulate demerits if you don't follow these rules. If you have received a fine and need help deciding how to respond, see Types of fines on the My problem is about section of our website.

If you want to dispute the fine, you should get legal advice.

Can I be fined if my dog​ escapes from the yard?

The owner of a dog must take all reasonable precautions to prevent a dog from escaping from the property where it is kept. For example, this may include ensuring that there is adequate fencing to secure the dog in the yard.

If you have received a fine and need help deciding how to respond, see Types of fines on the My problem is about section of our website.

If you want to dispute the fine, you should get legal advice.

Are dogs allowed in​ restaurants, cafes or eating areas?

You should check any rules or policies that apply to the restaurant, café or eating area if you want to take your dog with you. The owner of the premises may have rules that exclude animals.

If the owner of the premises allows dogs, they can only be in the part of the restaurant or café that is the outdoor dining area, usually an area that is not enclosed. The outdoor dining area is generally an area that the public can directly access without having to pass through a section of the restaurant or café. It does not include any area where food is prepared.

When the dog is in an outdoor dining area and the area isn't a leash free area, it must be kept on the ground and under the effective control of a person, for example, by a chain or leash. The dog is not allowed to be fed in that area.

The rules are different for off leash outdoor dining areas and for assistance dogs.​

What can I do about a proble​​m do​​​g​​ or cat in my area?

If you have a problem with a dog or cat in your area, for example, a dog barks a lot, or a cat is repeatedly causing damage to your property, you can:

• speak to the owner of the dog or cat or write them a letter about your concerns (unless an Apprehended Violence Order prevents you from doing this) - keep a record of any letter you send, and any details of conversations that take place
  
• try mediation at a ​Community Justice Centre to resolve the dispute
  
• contact your local council about the problem - in some circumstances your local council can investigate and take action if it believes the barking unreasonably interferes with the peace, comfort and convenience of others. In serious cases, the local council may consider issuing a nuisance dog or cat order.
  
• apply for a noise abatement order, if the problem is about the noise the animal is causing, for example, if the level of the barking is offensive. Whether it is offensive may depend on when the barking occurs, how loud it is and how frequent it is.

For more information, see Dealing with barking dogs on the NSW EPA website and Animals on the My problem is about section of our website.

What if my dog's barking has been reported to council as a problem?

If a complaint has been made to your local council about your dog barking, the council can investigate the matter to determine if the barking unreasonably interferes with the peace, comfort and convenience of others. It may write to you to notify you that a complaint has been made.

You should consider whether the barking is a problem, and if so, whether there are any steps you can take to control or stop the problem from continuing. For example, more exercise for your dog, securing your dog in a restricted area of your yard or professional training. How you deal with the situation will depend on your individual circumstances and whether you agree the barking is a problem.

If the barking unreasonably interferes with the peace, comfort and convenience of others, and you haven't been able to resolve the problem, the local council can issue you with a nuisance dog order and fine you if you don't follow the order. ​

What is a nuisance​​ dog​​​ order?

A nuisance dog order is an order made by a local council that a dog is a nuisance dog.

A local council has power to make a nuisance dog order in certain circumstances, for example, if a dog:

• regularly escapes or roams in public
  
• makes noise, for example, by barking or howling, and the noise occurs to the extent that it unreasonably interferes with the peace, comfort and convenience of others
  
• repeatedly defecates on other peoples' property
  
• repeatedly runs or chases after other people, animals or vehicles
• endangers the health of any person or animal (other than rats or mice) except when working with stock
• repeatedly damages anything outside the property on which it is usually kept.

A local council must give the owner of the dog a notice before they issue a nuisance dog order that states:

• what the requirements are for the proposed order, for example, that the dog not bark during a certain period of time
  
• the owner has a right to object to the proposed order within seven days of when the notice is given.

If a nuisance dog order is made, it will stay in place for six months. 

For more information, see Animals on the My problem is about section of our website.

If you want to object to the proposed order, you should get legal advice. 

What is a nuisance cat order?

A nuisance cat order is an order made by a local council that a cat is a nuisance cat.

A local council has power to make a nuisance cat order in certain circumstances, for example, if a cat:

• makes persistent noise and the noise occurs to the extent that it unreasonably interferes with the peace, comfort and convenience of others
  
• repeatedly damages anything outside the property on which it is ordinarily kept.

A local council must give the owner of the cat notice before they issue a nuisance cat order that states:

• what the requirements are for the proposed order, for example, that the cat be prevented from making noise during a certain time of the day or night
• the owner has a right to object to the proposed order within seven days of when the notice is given.

If a nuisance cat order is made, it will stay in place for six months.

For more information, see Animals on the My problem is about section of our website.

 If you want to object to the proposed order, you should get legal advice. 

What if a nuisance dog or cat order is​ made?

If the local council makes a nuisance dog or cat order, the order can specify certain requirements for the owner to comply with, for example, that the cat or dog be prevented from making noise at certain times. ​

How do I object to a nuisance dog​ or nuisance cat order?

Before a nuisance dog or cat order is made, you have to be given notice about the proposed order. You have 7 days from when you receive notice to object to the proposed nuisance dog order or nuisance cat order.

You can object:

• verbally, or
• in writing.
  

It is generally best to put your objections in writing. You should include any information you think is relevant as to why your dog or cat is not a nuisance, and why it is not necessary for a nuisance dog order or nuisance cat order to be made. 

For more information, see Animals on the My problem is about section of our website.

If you aren't sure what to include, you should get legal advice.

If the order is made, you can't appeal or apply for a review of the order. ​

Can I appeal a nuisance dog order or nuisance​ cat order?

If a nuisance dog order or nuisance cat order has been made, there is no legal right to appeal or review the order. ​

What happens if I breach a​​​ nuisance dog or cat order?

A local council can issue a fine against you if you breach a nuisance dog or cat order.

If you receive a fine for breach of a nuisance dog or cat order you may have options. 

For more information, see Types of fines on the My problem is about section of our website.

What if a dog bit or attacked me or my pet?

If you or your pet (other than vermin, such as a rat or mouse) have been bitten or attacked by another person's dog, you can:

• contact your local council to report the incident - the council may investigate the matter and can take steps to declare the dog as dangerous or menacing. In serious cases, the council may consider seizing the dog and/or destroying the dog.
• report the matter to police - in some circumstances the police can charge the owner of the animal with an offence (or another person who had responsibility for the dog at the time).
• consider legal action against the owner of the dog, or another person who had responsibility for the dog at the time, if your property was damaged or if you or your pet were injured.
  

If you haven't seen a doctor and were injured, it is a good idea to get medical attention. If your pet has been injured, it is also a good idea to get them veterinary attention. This may help if you decide to pursue a claim later on.

Generally, you have three years to start a court case for personal injury compensation. You have six years to start a court case to recover the cost of injury to your animal. If you or your pet were injured and you want to claim compensation, you should get legal advice.

For more information, see Animals on the My problem is about section of our website.

What if my dog has​ chased, bitten or attacked a person or animal?

If your dog has chased, bitten or attacked a person or animal, the victim or owner of the animal may report the matter to the local council or police.

Depending on the circumstances:

• the local council may take steps to declare your dog as dangerous or menacing
  
• the police or local council may seize your dog, or secure your dog in a certain way on your property
  
• the police or local council may consider destroying the dog, but they usually only do this in serious cases. They may have to get a court order to do this if you don't agree to it.
  
• the police may consider laying criminal charges against you.

If there are proceedings being heard in the Local Court, for example, criminal charges, the Local Court also has power to declare your dog as dangerous or menacing.

In addition, the victim or owner of the animal affected may ask you to pay compensation for the injury to their animal. 

For more information, see Animals on the My problem is about section of our website.

My dog attacked another person's dog. Do I have to pay for the vet bills?

If your dog attacked another dog, you may be liable to the owner of the other dog for vet bills and the cost of medication or other treatment needed for the dog's injuries. The owner may claim compensation:

• by making a civil claim in a court, or
• if the police charge you with a criminal offence, by making a claim for compensation as part of the criminal proceedings against you.

If the other owner asks you to pay for vet bills and you don't think you should have to pay, you should get legal advice. 

For more information, see Animals on the My problem is about section of our website.​

My dog was attacked b​y​​​ another dog.​​​​ Can I get the owner of the other dog to pay for my vet bills?

If your dog was attacked by another dog, in most cases you can ask the owner of the other dog to pay for vet bills and the cost of medication or other treatment.

If the police charge the owner with a criminal offence, you may be able to claim compensation as part of the criminal proceedings against the owner.

If the owner of the other dog refuses to pay for vet bills, you should get legal advice about your claim.

What criminal charges can be laid if a dog attacks a person or animal?

If a dog attacks, bites, chases, harasses or injures a person or animal, the owner of the dog or the person in charge of the dog at the time may be fined or charged with an offence under the Companion Animals Act 1998 (NSW).

In cases where a person causes a dog to inflict injury, for example, where an owner of a dog deliberately incites the dog to attack a person or animal, the owner can be charged with a more serious offence under the Crimes Act 1900 (NSW). ​

What is a​ dangerous dog?

A dangerous dog is a dog that a local council or the Local Court has declared to be dangerous. A dog can be declared dangerous if it:

• has attacked or killed a person or animal (other than vermin, such as rats or mice), without being provoked
  
• has threatened to attack or chased a person or animal on more than one occasion, without being provoked
  
• is kept for hunting, unless it is only used to locate or retrieve birds, rats or mice.

In serious cases, if a dog has severely attacked a person or animal, action may be taken for the dog to be destroyed (put down).  ​

For more information, see Animals on the My problem is about section of our website.

What is a​ menacing dog?

A menacing dog is a dog that a local council or the Local Court has declared menacing. A dog can be declared menacing if:

• has displayed unreasonable aggression towards a person or animal (other than vermin such as rats or mice), or
• has attacked a person or animal (other than vermin), without being provoked, but without causing serious injury or death.
  

For more information, see Animals on the My problem is about section of our website.

When might a dog be​​​ considered to be provoked?

A dog might be considered to have been provoked if it is angered, annoyed or challenged in some way, for example:

• encouraging or inciting the dog to be aggressive
• pushing or shoving the dog to annoy or anger it, or
• pulling a dog's tail deliberately.

Can I be fined or charged​​ if my dog attacks a person or animal?

The police may be able to fine or charge you if your dog rushes at, attacks, bites, harasses or chases another person or animal (other than vermin like rats or mice), regardless of whether there were any injuries.

It is not an offence if your dog behaved this way in some circumstances, for example, if your dog was being attacked or protecting you.

If you have received a fine and want to know how you can respond,  see Types of fines on the My problem is about section of our website. 

If you have been charged with a criminal offence and have to go to court, get legal advice before your court date.

In addition to hearing the criminal charges, the Local Court also has power to make a dangerous dog or menacing dog declaration.

Can the local council declare my dog as dangerous or menacing?

If the local council believes your dog is dan​gerous or mena​cing, the council may take steps to have your dog declared as dangerous or menacing. The council must give you written notice stating:

• what legal requirements need to be followed if your dog is declared dangerous
  
• you have the right to object to the proposed declaration in writing within seven days of when the notice is given.

If you decide to object, the council must consider your objection before making its decision.

If it decides to make a declaration that your dog is dangerous or menacing, you will have strict legal o​bligations to follow. ​

For more information, see Declared Dangerous and Menacing Dogs on the NSW Office of Local Government website.

For more information, see Animals on the My problem is about section of our website.

How do I object to my dog being declared as dangerous or menacing?

If the local council gives you written notice that it intends to declare your dog as a dangerous or menacing dog, you can object in writing to the council within seven days of when you are given notice.

In your letter, you should include:

• any reason why you believe your dog is not dangerous or menacing
  
• if your dog was provoked before it bit, chased, attacked or was aggressive to a person or animals, for example, if your dog was threatened, hit or scared because of behaviour directed towards it
  
• any evidence to support your claims, for example, a report from a behavioural assessor
  
• anything else you believe is relevant.

You should get legal advice if you aren't sure what to include. ​

For more information, see Animals on the My problem is about section of our website.

Should I get a​​​ behavioural assessment for my dog?

It may be helpful to get your dog's behaviour assessed by a specialist. This might assist if you are objecting to the local council's notice to declare your dog as dangerous or menacing, or if you are disputing a dangerous dog declaration in the Local Court.

How do I find a behavioural​ assessor for my dog?

You can find a behavioural assessor for your dog by doing a search on the internet, asking your vet or looking in the yellow pages.

A reputable assessor will generally have qualifications in dog behaviour and training.

You will need to pay for this service.

What if the local council​ declares my dog a dangerous or menacing dog?

If your local council declares your dog as dangerous or menacing, you will have strict legal obligations placed on you.

For more information, see Companion Animal Law Guide New South Wales.

You have 28 days from when the declaration was made to file an appeal in the Local Court against the local council's declaration that your dog is dangerous. You can't appeal a declaration that your dog is menacing.​

For more information, see Animals on the My problem is about section of our website.

What are the requirements for owning a dog declared dangerous?

If your dog is declared dangerous, you must:

• pay for an annual permit within seven days of your dog being declared dangerous. If your dog is also a restricted dog, you will also need to get a permit for having a restricted dog.
• de-sex your dog, if it isn’t already de-sexed, within 28 days of the declaration
• register your dog, if it isn’t already registered, within seven days of the declaration
• not allow your dog to be in the sole care of a person under 18 years of age
• build an enclosure on your property for your dog to live in. This enclosure must meet certain requirements and must be built within three months of the dog being declared dangerous. You must also get a certificate of compliance from the council, stating that your enclosure meets all requirements. You may have to pay a fee for this certificate.
• put one or more signs on your property that say “Warning Dangerous Dog”, which is clearly visible from the boundaries of your property
• make your dog wear a red and yellow striped collar that meets specific requirements
• ensure your dog is controlled and muzzled whenever it is outside the enclosure. When it is outside the enclosure, it must be under the control of a competent adult holding the dog by a cord, chain or leash. This competent person can only be in control of one other dog at the same time. Some exceptions apply to this rule for hunting dogs.
• not sell, advertise for sale, or give away a dangerous dog, or a proposed dangerous dog, unless you are surrendering the dog to the council pound or an animal welfare organisation
• notify the council if your dog attacks a person or animal, is missing, dies or you change the address where your dog is kept.

Not following these rules is an offence and you could be charged or fined. In some cases, your dog could be seized.

If you get a fine or are charged with an offence and have to go to court, you should get legal advice.

What are the requirements for owning a dog declared menacing?

If you have a dog that has been declared menacing, you must:

• de-sex your dog, if this hasn’t been done already, within 28 days of the dog being declared menacing
• register your dog, if it isn’t already, within seven days of the declaration
• not allow your dog to be in the sole care of a person under 18 years old
• put at least one sign on your property that says “Warning Dangerous Dog” in letters that can be visible from the boundaries of your property
• make your dog wear a red and yellow striped collar that meets specific requirements
• keep the dog in an enclosure whenever it is at home, unless it is in the competent control of a person over 18. The enclosure must keep the dog restrained and prevent a child from having access to the dog.
• make sure the dog is held by a competent person by a chain, cord or leash whenever it is outside its enclosure. You cannot be in control of more than one other dog at the same time and the dog must be muzzled.
• not sell, advertise for sale or give away a menacing or proposed menacing dog, unless you are surrendering the dog to a council pound or animal welfare organisation
• notify the council if your dog attacks a person or animal, is missing, dies or you change the address where you keep the dog.

It is an offence if you don’t follow these rules. You could be fined, charged with an offence, and your dog could be seized.

If you get a fine or are charged with an offence and have to go to court, you should get legal advice.

Can I appeal a declaration by the local council that my dog is menacing?

If you have received notice that the council intends to declare your dog menacing, you have seven days from when you were given the notice to object in writing.

If the local council has made a declaration that your dog is menacing, you do not have a right of appeal.

After a menacing dog declaration has been in place for 12 months, you can apply to the local council to revoke the declaration.

If the local council does not revoke the declaration, there is no right to appeal this decision.

Can I appeal​ a declaration by the local council that my dog is dangerous?

If you have received notice that the council intends to declare your dog as dangerous, you have seven days from when you were given the notice to object in writing.

If the local council has made a declaration that your dog is dangerous, you have 28 days from when the declaration was made to file an appeal in the Local Court against the declaration that your dog is dangerous.

After a dangerous dog declaration has been in place for 12 months, you can apply to the local council to revoke the declaration.

If the local council refuses to revoke a dangerous dog declaration, you have 28 days from the refusal to file an appeal in the Local Court. This right of appeal does not apply if the local council refuses to revoke a menacing dog declaration. 

How do ​I appeal a d​​angerous​ dog declaration to the Local Court?

If you want to apply to th​​e Local Court to dispute a dangerous dog declaration you will need to file an Application Notice - General and pay a fee.

For a copy of the form, see Forms on the Local Court website. 

Before applying to the Local Court, you should get legal advice.

What happens​​ after I file my application to appeal a dangerous dog declaration to the Local Court?

If you have filed an application to dispute a dangerous dog declaration, you will be sent a notice telling you when you need to attend court. The local council will also be sent a notice.

The first court date is called a mention. The local council will usually have a representative or lawyer there on their behalf. At the mention a Registrar can:

• adjourn (postpone) the matter
• ask about any witnesses you intend to have at the hearing
• give directions for you and the other party to follow
• set down a date and time for the hearing.

At the hearing, you will get an opportunity to present your case. This will usually involve making submissions about why you believe that your dog shouldn't be declared dangerous and having evidence to support your case.

After the hearing, the Local Court will decide whether to:

• confirm the dangerous dog declaration, or
• revoke the dangerous dog declaration.

The Local Court also has power to make a control order or destruction order.

Before going to court you should get legal advice. A lawyer can talk to you about how to prepare for your hearing. ​

What is a​​​ control order?

A control order is an order made by the Local Court that requires you to take certain action to prevent or reduce the chance of your dog causing injury or attacking a person or animal. For example, a control order could include a requirement to:

• de-sex your dog
• enrol and participate in behavioural training with your dog
• complete training associated with responsible pet ownership.

When can the Local​​ Court make a control order?

A control order can be made:

• if an owner is convicted of a certain offence under the Companion Animals Act 1998 (NSW) or Crimes Act 1900 (NSW), for example, where an owner has been convicted because their dog attacked another person or animal
  
• when a court declares a dog to be dangerous or menacing, or during an appeal to the court against the local council making a dangerous dog declaration.

When can the Local​ Court make a destruction order?

A destruction order can be made if the Local Court isn't satisfied that a control order, or the permanent removal of a dog from their owner is sufficient to protect the public from any threat posed by the dog.

A destruction order must be made by the Local Court if an owner of the dog is convicted of an offence involving the serious injury or death of a person caused by the dog, unless there are exceptional circumstances.

What if an owner doesn't​ comply with a control or destruction order?

It is an offence if you don't comply with (follow) a control or destruction order. You could be fined or charged with an offence.

Can my dog be​​ put down?

There are certain situations where a decision may be made to put your dog down, for example:

• if it has been seized or surrendered by an authorised officer, but you didn't claim it within the required notice period. An authorised officer includes certain council employees and police officers.
  
• if a dangerous, menacing or restricted dog attacks or bites a person or animal (other than vermin like rats or mice) without provocation, authorised officers can seize and put your dog down
  
• if you surrendered the dog, for example, if you agreed to give up the dog after an incident in which the dog attacked another person or animal, or
• if a destruction order is made by the Local Court.

If you are concerned that your dog may be put down, you should get legal advice.

What is a restricted dog?

Restricted dogs include:

• American pit bull terrier
• pit bull terrier
• Japanese tosa
• dogo Argentino (Argentinian fighting dog)
• fila Brasileiro (Brazilian fighting dog)
• Perro de Presa Canario
• Presa Canario
• other breeds, kinds or descriptions whose importation into Australia has been banned
• any dog declared by an authorised council officer to be a restricted dog.
  

For more information, see Animals on the My problem is about section of our website.

What are the requirements for owning a restricted dog?

If you own a restricted dog, you must:

• pay for an annual permit to have a restricted dog. If your dog has also been declared dangerous, you will need an additional permit for this.
• de-sex your dog, if it is not already de-sexed
• register your dog, if not already registered
• keep your dog in an enclosure when it is at home. This enclosure must meet certain requirements and you must get a certificate from the local council stating that your enclosure meets the requirements. You may have to pay a fee for this certificate.
• make sure your dog is never in the sole care of a person under the age of 18
• put at least one sign on your property which says “Warning Dangerous Dog”. The words must clearly visible from the boundaries of the property.
• make your dog wear a red and yellow striped collar that meets specific requirements
• make sure that whenever your dog is outside it’s enclosure, it is held by a competent person by a leash, cord or chain. This competent person cannot be in control of any more than one other dog at the same time. The dog must be muzzled.
• not sell, advertise or give away a restricted dog, unless you are surrendering the dog to a council pound or animal welfare organisation
• notify council if the dog attacks or injures a person or animal, is missing, dies or you change the address where the dog is usually kept.

It is an offence if you don’t follow these rules. You could be fined, or your dog could be seized.

If you get a fine or are charged with an offence and have to go to court, you should get legal advice.

How do I object to my dog being declared restricted?

If the local council has given you a notice of intention to declare your dog restricted, you can object by showing that your dog is not a breed or kind listed as restricted. You have 28 days to object and there are two ways you can do this.

The first way is to provide the council with a written statement from an approved breed assessor. This statement must say that:

• your dog is not a restricted breed or kind of dog, and
• your dog is not a cross-breed of any such breed or kind of dog.

The second way is to provide the council with:

• a written statement from an approved breed assessor stating that your dog isn’t a restricted breed or kind of dog, but is a cross-breed of a restricted breed or kind of dog, and
• a written statement by an approved temperament assessor saying that your dog is not a danger to the public and not likely to attack or bite a person or animal without provocation.

You are responsible for the costs of getting statements from breed and temperament assessors.

Once you have objected, council will tell you within seven days whether or not they have declared your dog restricted.

You can’t appeal the decision of a council to declare your dog restricted.

What can I do ​​​if someone else's ani​​mal damages my property?

If someone else's animal damages yo​ur property, you should get legal advice.​

What is considered animal​ cruelty?

Animal cruelty could include:

• failing to provide medical treatment to an animal
• neglecting an animal
• failing to provide food or water, or appropriate living conditions
• confining an animal inappropriately
• hurting an animal, for example, by beating it, or killing it.

For more information, see Animals on the My problem is about section of our website.

What if an animal is being neglected​​ or mistreated?

If you believe an animal is being neglected or mistreated, you can:

• report the matter to the RSPCA - see Animal Welfare on the RSPCA website
  
• report the matter to police.

Can I contact the RSPCA​​ if I have concerns about an animal?

If you have concerns about an animal that does not belong to you, you can contact the RSPCA. The RSPCA have inspectors that can investigate animal cruelty offences. They also have the power to enter property, seize animals, issue fines and notices. They can prosecute someone if they have committed a criminal offence, for example, an animal cruelty offence.

For more information, see Our role in enforcing the law on the RSPCA website. 

Can I be charged with animal​​ cruelty?

Generally, it is an offence to:

• commit an act of cruelty upon an animal
• fail to provide an animal with food, drink or shelter
• fail to provide an animal with adequate exercise
• abandon an animal
• perform certain procedures on an animal, for example, to dock a dogs tail or crop a dogs ears
• involve an animal in baiting or fighting, for example, organised dog fighting.

There are also a number of other animal cruelty offences in the legislation.

If the police or RSPCA believe you have committed an offence, they may consider charging you with a criminal offence. You should get legal advice if you have concerns about this, or if you have to attend court.

If an animal cruelty offence is committed in a domestic relationship, the offender can also be charged domestic violence related offences.

The penalties for animal cruelty offences are very serious and includes fines, and in serious cases, imprisonment.

Will Legal Aid NSW help me if I have​ been charged with animal cruelty?

Legal Aid NSW has policies about when aid is available for Local Court criminal matters including animal cruelty offences.

If you want legal aid for representation in court, you should speak to the Legal Aid lawyer at court or apply for a grant of legal aid by filling out an application form.

Legal Aid NSW applies a means test that looks at your income and assets. You can use the Means test indicator​ on the Ways to get help section of our website to see if you might pass the means test.

Legal Aid NSW may grant aid if you meet the means test and there is a real possibility of a jail sentence or there are exceptional circumstances. Legal Aid is not available for Local Court defended hearings where they believe the defence is frivolous or has no possible prospects of success.

For more information, see A-Z guide to policies on the Policy Online section of our website.

Can I own an animal if I have been charged with an animal offence?

The Court can make disqualification orders prohibiting a person from owning or taking care of an animal if they believe that the person may commit an act of animal cruelty. 

In some circumstances if you are found guilty of certain serious animal cruelty offences, the Court must make a disqualification order.

It is a criminal offence if you don't follow a disqualification order and the animal could be seized.

If you are charged with not complying with a disqualification order, or your animal has been seized, you should get legal advice.

Even if the Court didn't make a disqualification order, it is an offence for a person who has been convicted of some animal cruelty offences to:

• breed animals or manage a business related to breeding animals
• work with animals or care for them in a business related to breeding animals.

If you are charged with an animal cruelty offence and are unsure whether you are allowed to own, breed or work with animals, you should get legal advice.

I found an anima​l - can I keep it?

If you find a stray animal, like a cat or dog, you can't just keep it.

If you find the animal in a public place, you can contact the relevant local council to report it, or take the animal to a local vet or pound to see if they can contact the owner (by checking the animal's microchip and/or registration).

If no owner can be found, or no one comes to collect the animal, the pound or shelter may put the animal up for adoption. You may be able to purchase the animal.

If the animal has come on to your private property, your options for dealing with the animal will depend on what type of animal it is and whether the Public Spaces (Unattended Property) 2021 (NSW) applies to your situation.

For more information, see Animals on the My problem is about section of our website.

What can I do if an animal ​comes on to my private property?

Your options will depend on what type of animal it is. If it is an animal other than a domestic dog or cat you may be able to take possession of it for the purposes of identifying its owner and notifying an authority under the Public Spaces (Unattended Property) Act 2021 (NSW).

The Public Spaces (Unattended Property) Act 2021 (NSW) doesn't apply to cats or dogs, unless a dog is in a national park.

In emergency situations, authorised officers may take possession of unattended stock and secure them on private land. You should contact the authorised officer. 

For more information, see Animals on the My problem is about section of our website.

What can I do if a dog or cat comes on ​​to my property?

If a stray dog comes on to your property, you can:

• try and find the owner, or
• take the animal to the nearest pound, animal welfare organisation or approved premises (like a veterinary surgery), where the owner will be notified if they can be found.

Cats are not required to be secured on their owner's property or on a lead the way dogs are.

If a cat comes on to your property, you can catch the cat if that action is reasonable and necessary for the protection of any person or animal (other than vermin like rats or mice) from injury or death. After you have caught the cat you must return it to the owner or take it to the pound or local council as soon as possible.

If a cat is causing a nuisance, you can talk to your local council about a nuisance ​order.

For more information, see Animals on the My problem is about section of our website.

What are my obligations if I have taken posession of an animal?

If you have taken possession of an animal and you know the owner of the owner of the animal, you must:

• inform the owner immediately that the animal is in your possession
  
• immediately take the animal to the nearest public pound or keep the animal on your property for no more than four days, but then if the owner does not recover the animal, you must take it to the nearest public place of care.
  

If you don't know who the owner is, and can't easily find this information out, you must take the animal to a place of care within 48 hours.

You have a legal obligation to provide the animal with food, water and veterinary care, if needed. You should also ensure it is kept in a clean and secure place, and that it has shade if needed. You have a legal right to claim the cost of these expenses from the owner of the animal.

For more information, see Animals on the My problem is about section of our website.

What if m​y stock has str​​ayed onto another person's privat​e property? 

​If your stock has strayed onto another person's private property, the Public Spaces (Unattended Property) Act 2021 (NSW) may apply. If the person takes possession of your stock, they have a legal obl​igation to:

• inform you that the animal(s) is in their possession within 24 hours, if they know or can easily find out that you are the owner
• contact an authority to make arrangements for the animal to be taken to a place of care after no more than four days.
  

Once with an authorised officer, they may take the animal to a place of care, return the animal to you, or destroy the animal in certain circumstances.

In emergency situations, an Authorised Officer may arrange for stray stock to be kept on any practical premises until the emergency is over.

The person or authority can legally recover from you any fees or charges they have incurred whilst keeping the animal, for example, the cost of providing certain food or veterinary care. 

For more information, see Animals on the My problem is about section of our website.​

What are fees or ​charges relating to animals?

Fees or charges are the costs that can be recovered by an authorised officer or private person from the owner of an animal seized.

These costs are different to the fees charged by a local council if a dog or cat is held in the pound, for example, in cases where a lost dog is kept at a pound until the owner claims it. 

What if I can't afford the fees​​ or charges?

If a person or authority who seized the animal is trying to recover the fees or charges from you, you can:

• negotiate an agreement or payment plan - it is a good idea to get a copy of any agreement you make in writing
  
• arrange mediation at a Community Justice Centre to try and resolve the dispute
• apply to the NSW Civil and Administrative Tribunal (NCAT) for an administrative review of the fees and charges, but only on the ground that the charges or fees have been miscalculated or are excessive. Before applying to NCAT you must give written notice to the other party of your intention to apply to NCAT.
  
• get legal advice about any other options that might apply.

If you want to apply to NCAT for an administrative review you have 28 days from the date on which you applied for the release of the seized animal to file your application. You should get legal advice about your situation.​

How do I apply for fees or charges to be reviewed by the NSW Civil and Administrative Tribunal?

If you believe the fees or charges have been miscalculated or are excessive, you can apply to the NSW Civil and Administrative Tribunal (NCAT) for an administrative review. 

Before you apply to NCAT, you should consider negotiating with the other party or trying mediation at a Community Justice Centre. If the dispute can't be resolved, you must give the other party notice of your intention to apply to NCAT before making the application. This notice must be in writing and served personally or by post.

If you want to apply to NCAT for an administrative review you have 28 days from the date on which you were notified of the posession of the animal to file your application. 

To apply you need to complete and file a General Application form with the Administrative and Equal Opportunity Division of NCAT. You will also have to pay a fee, although you can ask for a reduction or waiver of this fee in certain circumstances.

For more information, see Forms, Fees at NCAT and Reduced fees and waivers on the NCAT website.

You should get legal advice about applying to NCAT.​

What happens if a​ council officer seizes a cat or dog they find in public?

If a council officer, or another authorised officer, finds a stray cat or dog in public, the officer will take the animal to the nearest pound. The owner will be contacted, usually by telephone first, but then in writing. If, however, the animal is not microchipped or registered, it may be difficult for the owner to be notified. After a period of time, the pound may have a right to sell or destroy the animal if it is not claimed.

Before putting down a cat or dog, a council must:

• notify at least two rehoming organisations that the animal is available for rehoming for at least 7 days, and
• take reasonable steps to advertise on a webpage or through social media that an animal is available for rehoming.
  

If the dog is claimed by its owner, the pound has a legal right to recover their fees and charges. If you can't afford these fees and charges, get legal advice about your situation. ​

The council won't​​ release my dog or cat until I pay certain fees and charges - what can I do?

If your dog or cat has been seized or surrendered, the pound has a legal right to recover fees and charges, including a release fee or maintenance charges. They usually won't release the dog until the fees and charges are paid.

Your options include:

• paying the fees and charges in full
• negotiating a payment arrangement - if you reach an agreement it is a good idea to get it in writing
  
• getting legal advice about your situation.

If you don't pay the fees or charges, or are unable to negotiate the release of the dog within a certain timeframe, the pound may have a right to sell or destroy the dog. You should get legal advice if you have concerns about this. 

What can I do if my animal​ is stolen?

If your animal is taken by someone else without your permission, you can contact the police to report that it has been stolen.

If there is a dispute over who owns the animal, the police may not be able to help you. 

If you are unsure whether your animal has been stolen, or there is a dispute over who owns an animal you should get legal advice. ​

What is an​ agistment?

Agistment is where an owner of land allows another person's livestock to graze or feed on their property for a fee. Usually, there is a condition that the livestock are returned to the owner on demand. ​

Does an agistment ​agreement need to be in writing?

There is no legal requirement for an agistment agreement or contract to be in writing. However, it is preferable to have a written agreement that outlines:

• where the livestock will be kept
• feeding arrangements
• any fencing requirements
• veterinarian treatment
• any fees
• circumstances in which the agreement ends, for example, after one weeks' notice is given or if the agreement is breached.
• any dispute resolution clauses, for example, referral to mediation before court action if there is a dispute about a breach of the agreement. ​

What if the agistment​ fees aren't paid?

If the agistment fees are not paid it may be a breach of the agreement.

If you are involved in a dispute about agistment and fees, you can go to mediation at a Community Justice Centre to resolve the dispute.

In some circumstances, the owner of the land where the animal was agisted may consider court action to recover the fees they are owed.

You should get legal advice about your situation.​

Can the owner of the land hold on to the agisted animal if the fees aren't paid?

Unless an agistment agreement states otherwise, the owner of the land where an animal is agisted does not have a legal right to keep the animal until outstanding fees are paid. ​

Can a vet refuse​​ to provide treatment to my animal unless I pay upfront?​​​​

A vet practice can have policies that specify when they will and won't provide services, including policies that insist on upfront payments. In some cases, they may insist on an upfront payment to ensure that some or all of their costs are covered if the treatment is likely to be costly.

Can a vet refuse to release my animal to me until I pay the bill?

A vet has a legal right to hold on to your animal until you pay the bill. This is called a lie​n. It's a legal right to keep your animal until the de​bt you owe is paid.

If you can't afford to pay the bill, you could negotiate a payment arrangement. If you are disputing the bill, or are unable to pay the full amount, get legal advice about your options.​

Can I mak​e a complaint about a vet?

If you have a complaint about a vet, you can report it to the Veterinary Practitioners Board of New South Wales (VPB). 

For more information, see Consumer information on the VPB website. 

If you believe a vet has been negligent or that their service was unsatisfactory, you may have rights under the Australian Consumer Law (ACL). 

For more information about consumer problems, see the Consumer law topic.