Dog Destruction & Control Order Procedure
May 2015
The Destruction and Control Orders: Standard Operating Procedure has been prepared by the Local Government
Association of SA (LGA) in conjunction with consultant StarrSolutions for the guidance of, and use by, member
Councils. The LGA is the statutory peak body for Local Government in South Australia, representing all 68
Councils in the State.
The document was produced with assistance from the Local Government Research and Development Fund
and was:

developed in 2009

revised and updated in February 2015.
Enquiries regarding this publication should be directed to the LGA on 08 8224 2000.
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May 2015
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1
Purpose and Scope
Where a dog has been allowed to act in a manner which is considered unacceptable
to the general community the Dog & Cat Management Act 1995 enables Councils
(and the Court) to impose conditions on that dog. This procedure starts with
considering a decision to initiate such an order and covers the actions necessary to
meet the intent of the Act.
Its purpose is to ensure the consistent and accurate application of relevant
legislation, Council Policy and Dog & Cat Management Board Guidelines.
1.1
Responsibility
This procedure applies to persons with valid authorisation under the Dog and Cat
Management Act 1995 (see 2 Relevant Documentation) and associated
administrative staff.
Officers are required to act reasonable and transparently, demonstrate good
customer service, undertake their responsibilities in a proficient manner and use their
judgement where necessary to ensure an outcome in line with legal requirements
and Council’s Enforcement Policy.
1.2
Legislation & Policy
Dog and Cat Management Act 1995 (DCM Act)

Section 50 – Classes of Orders

Section 51 – Grounds on which orders may be made

Section 52 – Procedure for making and revoking orders

Section 53 – Directions about how to comply with order

Section 59 – Prohibition Orders

Section 87 – Service of notices and documents
Local Government Act 1999

Section 125 –Internal Control Policies
(Council’s) Enforcement Policy
Dog Aggression Incident Guidelines including Incident Severity Scale (available on
the DCM Board secure website for Councils)
1.3
Definitions
The definitions contained herein are not exhaustive and officers may need to
consider the relevant legislation for further applicable definitions.
Owner of dog: has the same meaning as in section 5 of the DCM Act.
Person responsible for control of dog: has the same meaning as in section 6 of
the DCM Act.
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1.4
General Notes
In this Operating Procedure, a reference to an owner of a dog includes a reference
to a person responsible for control of a dog.
If a dog has been seized, under section 61(4), Council has only 7 days in which to
serve a Notice of Intent to Issue an Order or make application to the Magistrates
Court. If the above actions have not been taken the dog must be returned to the
person entitled to its return.
Calculation of Time: When calculating the 7 day statutory period in which to take
action, commence counting from the day after the action that initiates the statutory
period. (Eg. If the dog was seized on Monday, the above actions must occur before
the end of the next Monday).
When calculating the 7 day statutory period in which an owner may make a
submission, commence counting from the day after the action that initiates the
statutory period. (Eg. If a notice is served personally on an owner, the 7 day period
commences on the day after the service of the notice. If a notice is served by
registered post, the 7 day period commences on the day after the owner could
reasonably be expected to receive the notice in the ordinary course of the post). It
may be prudent to allow an additional 3 “grace days” beyond this statutory period.
NB: Where the calculation ends on a week-end or public holiday, the end time
should be moved forward to the next available working day. [ See the Acts
Interpretation Act 1915 ]
The Registrar of Dogs should always be consulted before the preparation and issue
of Destruction and Control Orders.
Types of Orders under DCM Act
The following classes of orders can be made:

Destruction Order - section 50(1)(a)

Control (Dangerous Dog) Order - section 50(1)(b)

Control (Menacing Dog) Order – section 50(1)(c)

Control (Nuisance Dog) Order - section 50(1)(d)

Control (Barking Dog) Order - section 50(1)(e)

Prohibition Order – section 59A(1)
Those issued under section 50 apply to the dog in question. Prohibition Orders apply
to the dog owner.
2
Relevant Documentation
Best Practice Procedures for Appointing Authorised Persons
(See www.lga.sa.gov.au)
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3
Record Management
All documents, notes, photographs and correspondence must be retained and stored
in accordance with Council’s Records Management protocols as required by section
125 of the Local Government Act 1999.
4
Procedure
4.1
Decision to Issue a Notice of Intent
Provide all records and the recommendation to the Registrar of Dogs for final
determination of what action Council will take.
If the incident was a serious dog attack, or the history warrants, determine whether a
Court prosecution is the most appropriate action.
For consideration of all other Orders use Dog Aggression Incident Guidelines
(available on the DCMB secure website for Councils) which will assist in determining
the appropriate level of Order as well as the possible conditions/directions.
On some occasions it may be preferable to seek that the Magistrates Court issue a
Control Order rather than proceed internally.
Determine also whether it is appropriate to issue directions in addition to a Control
Order. These should be issued as a separate page rather than being included in the
order, so that adjustments can be made from time to time. Refer to section 53 DCM
Act.
Record the decision and the reasons for it.
4.2
Notice of Intent
Once a decision has been made to proceed with an Order, take all reasonable steps
to ensure that the correct details are recorded for all persons who own or are
responsible for the control of the dog. This includes identifying all persons 16 years
or older who reside at the address where the dog resides &/or is registered.
Each person ascertained above must receive written notice using DCMB Form 12
Notice of Intention to Make an Order available on the DCMB secure website for
Councils, together with a draft of the Control Order and explanatory letter. Provide at
least 7 days in which to receive a submission as a response to the notice of intent.
Add 3 grace days as a precaution.
Prepare a Draft Control Order using the appropriate form from the DCMB secure
website for Councils. The available forms are:
DMCB Form 13 - Control (Barking Dog) Order
DMCB Form 14.-.Control (Nuisance Dog) Order
DMCB Form 15.-.Control (Menacing Dog) Order
DMCB Form 16.-.Control (Dangerous Dog) Order
DMCB Form 17.-.Destruction Order
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DMCB Form 18.-.Prohibition Order
As this is a “draft” and not officially being issued, do not sign or date this version of
the Control Order.
To this Order, add any written directions agreed with the Registrar of Dogs and a
letter stating the reasons for the decision.
4.3
Serving the Notice of Intent
Section 87 of DCM Act prescribes that a document to be given to a person may be

Served personally

Posted to the last known address

Left for the person with someone apparently over 16 years of age or in the
letterbox to which it would have been posted.
It is preferable to document how and to whom the documents were delivered (proof
of service), or if posting to use Registered Post.
Note: If the dog lives in another Council area, consult with that Council to advise of
the intention to place an order and provide that Council with scanned copies of any
relevant documentation.
4.4
Issuing Control Orders
The Registrar of Dogs (with appropriate delegations from the Council) should assess
any submissions made to Council during the time allowed. Check Council records to
establish that any submission received is considered, and a written response
provided, before proceeding further.
If there is no response, ensure that the time given on the Notice of Intent has expired
before taking further action.
Where it is determined to proceed, produce the Control Order using the same DCMB
form used in the draft. It is essential that the information and any conditions
contained in the Notice of Intent letter are replicated exactly in the Control Order. All
reasonable steps must be taken to give a copy of the Order to each person who
owns or is responsible for the control of the dog(s). This includes identifying all
persons 16 years or older who reside at the address where the dog resides &/or is
registered. Serve the Order as per 4.3.above.
The Order takes effect from the time it is served.
Add the Control Order to the Register which Council must keep for this purpose and
ensure that scanned copies of all documents issued are kept on file.
Update dog registration information to show that an Order is in place and record the
Order details on the Dog & Cat Management Board’s online incident reporting
system.
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4.5
Appeal of a Control Order
The owners or persons responsible for the dog(s) have 14 days in which to appeal
the order. Council will be notified of the time and date of the Court hearing, should
an appeal be launched. In the case of a Destruction Order, it is best practice to
proactively contact the Magistrates Court to check if any appeal has been made.
4.6
Revocation of an Order
The Registrar of Dogs may revoke the Order by written notice to a person who was
originally served.
A note of the revocation must be recorded in the register.
4.7
Monitoring Compliance with the Order
Once an Order is in place, schedule regular checks that the conditions and directions
are being observed.
5
Monitoring and Review of Procedure
This procedure was endorsed by ______________________________to take effect
on __________________________
Thereafter it will be reviewed annually. The next date of review is__________
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