Domestic Animals Act 1994 - restricted breed dogs (review)
This page provides general information and should not be considered as legal advice. Seek legal advice if you are unsure about your legal rights. Be aware that the law can change.'
VCAT can review local council decisions about restricted breed dogs under the Domestic Animals Act 1994.
Other related applications
Cases we can hear
If you are the owner of a dog that an authorised officer has declared to be a restricted breed dog, or in the case of a dog declared to be a restricted breed the council has refused to register or renew the registration of the dog, you may be able to apply to VCAT to review the council's decision.
Legislation that gives VCAT the power to hear these applications
- Section 98(2) and 98(2AA) of the Domestic Animals Act 1994
If you have a decision document, use it to help you complete the VCAT application form and attach a copy of the document to your application.
You must make your application within 14 days (declaration of restricted breed) or 28 days (refusal to register or renew registration) from when:
- the decision was made, or
- if you have requested a statement of reasons under the Victorian Civil and Administrative Tribunal Act, the statement of reasons is given to you or you are informed that a statement of reasons will not be given.
You may be able to apply for an extension to this time limit.
If you do not apply to VCAT, the council's decision will take effect at the end of the time within which you could have applied to VCAT.
What happens to the original decision if I apply to VCAT for a review?
If a review application is made to VCAT about a decision made by a council or an authorised officer, the decision takes effect in accordance with the determination of the Tribunal.
If no application to VCAT is made, a decision of a council or an authorised officer under the Act takes effect at the end of the time within which a review application to VCAT could have been made.
What can VCAT order?
Declaration of restricted breed
- confirm the decision
- set aside the decision, so that the dog is no longer declared a restricted breed dog.
Refusal to register or renew registration
Unless the relevant Act of Parliament gives us different powers, VCAT can:
- affirm the original decision, in which case the original decision will stand
- vary the decision
- set aside the decision and substitute our own decision
- set aside the decision and remit (send back) the matter for reconsideration by the decision maker giving directions or recommendations
- invite the decision-maker to reconsider their decision at any time during the case.