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Legislative Council - Fifty-Second Parliament, Second Session (52-2)
2013-03-06 Daily Xml
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DOG MANAGEMENT

The Hon. R.L. BROKENSHIRE (15:14): I seek leave to make a brief explanation before asking the Minister for State/Local Government Relations a question regarding dog control.

Leave granted.

The Hon. R.L. BROKENSHIRE: The Minister for Environment might also have an interest in answering this question, but I assure the minister that there is a strong local government element to the question and, given her experience in the environment portfolio, I ask her to respond to the issue I raise here.

I understand that the minister has received correspondence this week from Mr Fred Phillis, who is concerned about effective control of dogs along metropolitan beaches. I have been in contact with all metropolitan beachside councils and the Local Government Association about the policy responses to ineffective dog control, and I think is fair to paraphrase their responses as being that the councils feel powerless to rectify issues of ineffective dog control because their officers' powers have limitations in enforcing the law in these issues.

The primary issue my constituent raises is about the amount of dog defecation and the failure of owners to clean up after their animals, though unrestrained or ineffectively controlled dogs on beaches that attack or scare smaller dogs, owners and/or children are also of significant concern. My constituent has outlined to the minister that the LGA is looking towards a coordinated approach to legislation to address community safety concerns.

My constituent has referred at times to the situation on the Gold Coast in Queensland, where there are significant penalties for ineffective control of animals, and he claims that none of the ineffective control issues that arise on South Australian beaches arise there and, furthermore, that this is a boon to that state's tourism industry. My questions are:

1. Will the minister meet with my constituent and proactively communicate with the Local Government Association about reform on this issue (I am happy to organise the delegation)?

2. Will the minister liaise with her frontbench colleague and the Dog and Cat Management Board to ensure that there is a high priority on effective control of dogs and responsible dog ownership in public areas managed by councils?

The Hon. G.E. GAGO (Minister for Agriculture, Food and Fisheries, Minister for Forests, Minister for Regional Development, Minister for the Status of Women, Minister for State/Local Government Relations) (15:17): I thank the honourable member for his most important question. Indeed, cats and dogs are a most vexed issue and one that elicits a wide range of very strong and diverse views.

This issue does straddle a number of policy areas. The Dog and Cat Management Board keeps the Dog and Cat Management Act under review and provides the appropriate minister with advice in relation to improving dog and cat management in the state; that is the responsibility of minister Hunter. I am advised that that board conducts a range of programs to support responsible dog and cat ownership.

Local councils are responsible for making by-laws in relation to dogs and cats as well as administering and enforcing the act within council areas. I also understand that councils undertake a range of programs to support responsible dog and cat management, including creating management plans for dogs and cats, reducing fees for desexing and/or training animals, desexing and microchipping programs, and owner and community education. I understand that councils are also responsible for operating dog pounds.

As we know, dog behaviour management is a very complex issue that needs to be considered in light of dog socialisation, genetics, learning experiences, education, physical and mental health, and the behaviour of the individual around the dog. We know that good dog behaviour is very strongly linked to responsible dog ownership, and in South Australia we have a very strong legislative regime that supports and underpins responsible dog ownership, with most people registering their dogs and acting, I think, in a very responsible and caring manner.

In relation to managing dog-related injury, there is obviously a range of views on best methods, so that often can be quite controversial as well. For example, there are some in the community who advocate a breed-specific approach. However, both the Dog and Cat Management Board and the Australian Veterinary Association have provided advice highlighting the limitations of a breed-focused approach.

The board and the association have identified a range of alternative options encompassing a combination of identification by: microchipping; training for dogs; comprehensive education programs for owners, breeders, parents and children; and an improved regime for control orders, increased penalties and compliance. The Dog and Cat Management Board has also produced, I am advised, a variety of excellent education and awareness programs, including We are Family and the new Living Safely with Pets education program, along with advice on responsible dog management and tools to match that.

In terms of correspondence from Mr Phillis, I have been advised that my office has received correspondence from him. I have not seen that correspondence as yet so I am not sure what issues he actually raises, and I obviously have not responded to him as yet. Basically, in terms of my responsibilities, the councils are responsible for the making of by-laws. Local council is an independent, constitutionally and democratically-elected level of government, and it is basically accountable to its constituents and that is, fundamentally, done at election time. Unless there is a breach of legislation, I have very limited powers to intervene so I am most reluctant to intervene.

I would ask Mr Phillis whether he has approached the council directly to deal with the issue himself. Where there are differences of opinion, councils have processes in place for members of the public to have decisions reviewed. Also, I would encourage the Hon. Mr Brokenshire to host a delegation with the local council involved. As I said, it is a democratically elected and constitutionally recognised independent level of government, I have limited powers to intervene and, basically, that local council is accountable to its constituents for its outcomes.

I would encourage both the Hon. Robert Brokenshire and Mr Phillis to go direct to council and, perhaps, if there are other ratepayers in the area who share his concerns, invite them along as well. There is nothing like power in numbers.

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