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Control and destruction orders

Before a control or destruction order can be issued, the local council or the Dog and Cat Management Board (as the case may be) must give at least 7 days written notice inviting the owner and all those responsible for the dog to explain why an order should not be made [s 52]. If an order is made, the council can give written directions on how the order is to be complied with [s 53].

Breaching an order is an offence unless the owner can prove that they were unaware the order was in force [s 55]. An authorised council officer may also seize, detain and destroy a dog where orders have been contravened or to give effect to orders - see Seizure and destruction of dogs.

Destruction Order

The local council or the Board may make a Destruction Order if satisfied that the dog is unduly dangerous and the dog has attacked, harassed or chased a person, or an animal or bird owned by a person, in circumstances that would constitute an offence [see Dog and Cat Management Act 1995 (SA) s 51(a)]. See also Dog attacks.

A Destruction Order requires that the dog be destroyed within a specified period (not less than 1 month after the order takes effect), and that until destroyed the dog be kept or detained at a specified place [s 50(2)].

A court application for a Destruction Order can also be made pursuant to s 59 of the Dog and Cat Management Act 1995 (SA). Applications are governed by Chapter 3 Part 2 Division 2 of the Uniform Special Statutory Rules 2022 (SA).

Control (Dangerous Dog) Order

The local council or the Board may make a Control (Dangerous Dog) Order if satisfied that the dog is dangerous and the dog has attacked, harassed or chased a person, animal or bird, or is likely to do so, in circumstances that would constitute an offence [Dog and Cat Management Act 1995 (SA) s 51(b)]. An order may also be made if the dog is subject to an order of another jurisdiction that corresponds to a Control (Dangerous Dog) Order.

A Control (Dangerous Dog) Order requires the dog to [s 50(3)]:

  • be desexed within a specified period (if not already)
  • be microchipped within a specified period (if not already)
  • be kept indoors at the owner’s premises or within fencing of the premises to prevent the dog escaping
  • wear a collar that complies with the requirements of the Dog and Cat Management Board at all times, unless it would harm the dog
  • have a muzzle securely fixed on its mouth to prevent it from biting, and be under effective control by reason of physical restraint, except while confined to the owner’s premises.

A Control (Dangerous Dog) Order may also require the person responsible for the dog, or the dog, or both, to undertake specified training courses.

Warning signs must be displayed at all entrances to the premises where the dog usually lives. All reasonable steps must be taken to prevent the dog from repeating the behaviour that gave rise to the order.

If a dog subject to a Control (Dangerous Dog) Order is seized and detained, it may be microchipped and desexed, with the cost recoverable from the owner as a debt due to the council [s 61(5) and (6)].

Control (Menacing Dog) Order

The local council or the Board may make a Control (Menacing Dog) Order if satisfied that the dog is menacing and the dog has attacked, harassed or chased a person, animal or bird, or is likely to do so, in circumstances that would constitute an offence [Dog and Cat Management Act 1995 (SA) s 51(c)]. An order may also be made if the dog is subject to an order of another jurisdiction that corresponds to a Control (Menacing Dog) Order).

A Control (Menacing Dog) Order requires the dog to [s 50(4)]:

  • be microchipped within a specified period (if not already)
  • be kept indoors at the owner’s premises or within fencing of the premises to prevent the dog escaping
  • wear a collar that complies with the requirements of the Dog and Cat Management Board at all times, unless it would harm the dog
  • have a muzzle securely fixed on its mouth to prevent it from biting and be under effective control by reason of physical restraint, except while confined to the owner’s premises.

The order may also require the person responsible for the dog, or the dog, or both, to undertake specified training courses.

All reasonable steps must be taken to prevent the dog from repeating the behaviour that gave rise to the order.

Control (Nuisance Dog) Order

The local council or the Board may make a Control (Nuisance Dog) Order if satisfied that the dog is a nuisance and the dog has attacked, harassed or chased a person, animal or bird, or is likely to do so, in circumstances that would constitute an offence [Dog and Cat Management Act 1995 (SA) s 51(d)]. An order may also be made if the dog is subject to an order of another jurisdiction that corresponds to a Control (Nuisance Dog) Order).

A Control (Nuisance Dog) Order requires the dog to [s 50(5)]:

  • be kept indoors at the owner’s premises or within fencing of the premises to prevent the dog escaping
  • be under effective control by reason of physical restraint, except while confined to the owner’s premises.

The order may also require the person responsible for the dog, or the dog, or both, to undertake specified training courses.

All reasonable steps must be taken to prevent the dog from repeating the behaviour that gave rise to the order.

Control (Barking Dog) Order

See Barking dogs.

A control or destruction order may be reviewed by the South Australian Civil and Administrative Tribunal [s 72] - see Review of Control or Destruction Orders.

Control and destruction orders  :  Last Revised: Wed May 29th 2024
The content of the Law Handbook is made available as a public service for information purposes only and should not be relied upon as a substitute for legal advice. See Disclaimer for details. For free and confidential legal advice in South Australia call 1300 366 424.