VCAT decision on impounded dog

Published on 17 December 2014

Monash Council accepts today's VCAT ruling which brings to a close a two year ordeal about an unregistered dog.

VCAT has ruled that the dog - named Kerser - is not a Restricted Breed Dog. The dog can therefore now be released back to its owner.

The dog has been impounded for two years after Monash Council declared the dog to be a pitbull (a Restricted Breed Dog) under the State Government's Restricted Breed Dog laws.

Mayor Paul Klisaris said Council acknowledged that the matter had been distressing for the dog and its owner.

"I do feel for the dog's owner as this must have been an emotional, exhausting experience for her," Cr Klisaris said.

"Council took no joy in impounding this dog but we did what we thought was right according to the State Government's laws," he said.

"Our animal rangers assessed the dog according to the standards introduced by the former State Government and determined that it was a pitbull-type dog.

"The standards introduced by the former State Government are very complicated. This is why several councils have found themselves in long-running disputes after declaring dogs to be of a Restricted Breed."

Cr Klisaris said Monash Council had regularly raised objections to the laws with the former State Government and was disappointed that only minor changes had been made to the laws.

He said the Council was pleased the new Andrews State Government had said it would hold a parliamentary inquiry into the Restricted Breed Dog laws.

"These laws need to be totally re-examined so we can all avoid these distressing, long-running ordeals between dog owners and councils," he said.

"Council's intention has only ever been to protect our community from dangerous dogs.

"Our animal rangers have sometimes been abused for enforcing the state government laws. I am proud that despite being provoked, our animal rangers continue to act professionally and always advise dog owners of their rights to appeal Council's decisions."

He said Council had incurred costs of more than $200,000 on the Kerser case. The Council had been reimbursed $100,000 so far through a Victorian appeal court fund.