A state parliamentary committee inquiry into restricted-dog-breed legislation has found the current system is not working and has recommended lifting a ban on registering pit bulls.
Victorian laws require local councils to identify, seize and euthanase unregistered pit bulls. Under new laws which came into effect following the death of toddler Ayan Chol from a pit bull attack, it is not possible to register a dog of that breed in Victoria if it was not registered before 2011.
Pit bulls are subject to more restrictions than other breeds. The restrictions include extra security arrangements at home, being muzzled and leashed when in public, mandatory desexing and a prohibition on breeding.
Hume council was among more than 500 submitters to the inquiry.
The council criticised the official standard that council officers must use to identify pit bulls and the lack of training available for breed identification.
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Since the breed-specific laws came into effect, the council has euthanased 52 dogs.
Twenty-two of those dogs were surrendered and 28 were found roaming the streets and were euthanased after eight days had elapsed and no owner had come forward to collect them.
MYLO’S LIFE WAS SPARED AFTER BRIMBANK COUNCIL FAILED TO PROVE HE WAS A PIT BULL. (SUPPLIED)
Another two dogs were euthanased after their owners withdrew their applications to appeal their fate.
One of those dogs was American pit bull terrier Bobo, who was gifted to Baris Kaman, of Broadmeadows, by his girlfriend.
The canine had not been microchipped or registered when it was seized by council officers in March 2012.
Mr Kaman attempted to have the council’s breed declaration overturned, but it was upheld by the Victorian Civil and Administrative Tribunal (VCAT) six months later.
He then applied to challenge the ruling in the Supreme Court but after 10 months gave up the fight to keep his pet on the advice of his solicitor.
His mother, Veda Kaman, said the parliamentary committee’s recommendations came too late.
“Our dog is gone now,” she said. “It’s not fair. ”
Hume director of city infrastructure Peter Waite said the council was unable to comment until it could review the inquiry’s report.
No way to confirm a pit bull
The report tabled in Parliament found there was no way to definitively identify a pit bull.
It said an indication of the system’s failure could be seen in the appeals to VCAT about the council’s declarations of dogs as pit bulls.
Since 2011, VCAT has overturned or set aside 75 per cent, or 9 out of 12 of Hume’s breed declarations, while over the same period it has overruled 74 per cent of all councils’ declarations.
In its submission, Hume said its decisions were frequently challenged, and expensive to defend.
Among the committee’s 31 recommendations are allowing registration of pit bulls but keeping restrictions relating to their ownership in place; establishing a database of dog registrations and dog attacks; and investigating whether mandatory desexing would reduce dog attacks.
The state government must respond to the report within six months.
