Before a dog can be declared menacing or dangerous in Victoria, the council must notify you of the proposal and allow you the opportunity to make submissions, as required by the Domestic Animals Act 1994 (DAA s 35(2), s 41B(1)).
A proposal is not a declaration. It is the council's formal indication that it intends to consider declaring your dog. No declaration has been made, and one is not guaranteed.
The council must consider any submissions you make before deciding whether to proceed (DAA s 35(3), s 41B(2)).
Unlike some other Australian States, Victoria does not impose automatic interim control requirements during the proposal period.
It is important to:
- Read the proposal notice carefully and confirm the timeframe allowed for submissions
- Consider whether you wish to make written and/or oral submissions to the council
- Seek appropriate advice promptly if you need support
If the council proceeds with a declaration, it must serve written notice on you within 7 days, including the reasons for the declaration (DAA s 36(2), s 41C(2)).
See below for more detail.