Domestic Animals Amendment Bill 2015

Mr. J. BULL (Sunbury) — I rise with great pleasure to speak on the Domestic Animals Amendment Bill 2015. I do so as somebody who has owned a number of dogs over the last 30 years, and all of those dogs brought a great deal of love to our family and friends. Dogs can be amazing companions. We have all heard the expression ‘a dog is a man’s best friend’; in today’s world that should read ‘a dog is a person’s best friend’. One friend said that if you want a friend in politics, you should get a dog. I am not sure I agree with that sentiment as I have a great many friends in this place. The former member for Macedon is a great lover of dogs, and we often saw her dogs roaming around the chook house and the Parliament.

This bill addresses a very important issue for many people within the Victorian community. I have been approached on several occasions at community events within my electorate by passionate and caring Victorians who are responsible dog owners and have a great deal of love for their family pets. One person in particular is Brea Chapman. She is a passionate and responsible dog owner who has been a champion of this issue in my electorate. I first met Brea at the 2014 SunFest Festival in Sunbury and she passed on her views on the current legal framework. At the time I knew very little about restricted breed legislation, but Brea filled me in on many of the problems with the legislation and raised with me the Calgary model currently used in Canada. I asked Brea to write to me and provide more detail on the model and outline why she believes the current framework in Victoria is not working.

To quote Brea:

Although named to refer to specific breeds, in reality the breed of a dog is irrelevant, DNA evidence is irrelevant, a dogs temperament is irrelevant: their nature, behaviour, obedience level, all irrelevant. Even assistance dogs have fallen prey to this legislation. Under the current legislation; loving family pets who have never hurt anyone, never been at large, live with children and other pets, have been torn away from their families and destroyed.

She goes on to say that a dog’s nature, just like its breed and DNA, are completely irrelevant under existing framework and that the only thing that matters under current legislation is how the dog is shaped. We discussed this further at length. She went on to note, in her view, that:

Breed specific legislation has failed globally and is failing Victoria. Our communities deserve safety and harmony and the only way to achieve that is to target the irresponsible dog owner and not the dog.

It is clear from Brea’s comments that she believes the current framework is not working, and it is my view that this bill is a sensible move. Those who have felt the effects of our current framework around restricted breed dogs have advocated strongly for the review and this will address the process and aim for a balanced and fair outcome. I am hopeful that the joint committee to be formed under this legislation will endeavour to do that.

The government’s intention with this bill is clear. The purpose of the bill is to impose a moratorium on the destruction of restricted breed dogs only in cases where the Domestic Animals Act 1994 provides for a dog to be destroyed solely because of its status as a restricted breed. We know that the government intends to put this moratorium in place, with the commencement of the legislation on 30 September, which will provide sufficient time for the joint committee to report back to Parliament. The inquiry will investigate the current arrangements, benefits and challenges of legislative provisions for restricted breed dogs in Victoria, with a final report by 30 September this year.

Without question, safety for our community, our friends and our loved ones is paramount, and we should never compromise on community safety. However, this legislation is around getting a balance, and I note the contributions from both sides of the house. It is worth giving more consideration to the costs incurred by the local government authorities in relation to this issue. The moratorium will not protect restricted breed dogs from destruction where other destruction powers are provided, such as when a dog has attacked, when a dog has attacked livestock or when a dog needs to be destroyed on health grounds or for health reasons.

The inquiry into current arrangements, benefits and challenges of legislative provisions for restricted breed dogs in Victoria will be conducted by the committee, and the committee will endeavour to draw on research findings and contributions from stakeholders such as the RSPCA, the Australian Veterinary Association and other dog owning groups and dog experts currently in the field, and that is what we need in this space. We need the experts to have a look at the issue and, as I have indicated, that is confirmed by the accurate contributions from both sides of the house. The inquiry, as noted, will seek to comment and to take submissions widely, while listening to experts in our community. To quote the Minister for Agriculture:

There are dangerous dogs still in the community and other dogs being put down that are known to be safe.

The arbitrary confiscation and destruction of dogs can leave individuals distraught and can result, as we know, in lengthy legal battles. Councils are then required to take up the fight, costing families and ratepayers thousands of dollars. This bill ensures that no dog will be destroyed due solely to its restricted breed status until the important work of the committee is complete and the review released. Legislation will then be determined based on the findings of the committee. It is important we get this right and that it is done in a fair and just manner. I found the contribution to the debate on this bill from the member for Yuroke last night very touching. I know of her passion for dogs, and I share that passion.

Community safety is critical, and this government will never put families at risk of attack. But we recognise that calling a dog dangerous does not necessarily make it so. We need a system in place that identifies aggressive and dangerous dogs that are a real risk and keeps much-loved family pets at home where they belong. The inquiry will look at the current framework and arrangements under the existing legislation. I am certainly looking forward to the findings of the committee. I am sure that all members would agree there is a great deal of work to be done in this area. I also look forward to discussing it with my community, in particular Brea, who is incredibly passionate about this issue. I will be making contact with her to discuss the findings of the committee, and I will endeavour to have her write to me again in greater detail. With that I commend the bill to the house.