Inquest into the death of Colin Neil Amatto

Findings and Recommendations

Findings and Recommendations of Inquest

Case Number: 2019/68724

Date of Findings: 16 April 2025

Magistrate: Deputy State Coroner, Carmel Forbes

CORONIAL LAW - Dog attack, Examination of the Companion Animals Act 1998 regulatory regime,Recommendations for regulatory changes.

Responses

Recommendations to	Response
Minister for Local Government	Awaiting
NSW Police Force	Awaiting
Penrith City Counil	Awaiting

Recommendations

I recommend to the Chief Executive of the Office for Local Government (OLG) and the NSW Commissioner of Police:

1. The OLG and the Commissioner of Police consider developing a model or overarching memorandum of understanding (MOU), which can be adopted and utilised for councils and Police Area Commands or Police Districts regarding the coordination of responses (including investigation and enforcement), and formalising of roles and responsibilities of Police and councils, with respect to dog attack incidents.

I recommend to the Minister for Local Government and the OLG

2. The Minister and the OLG develop a standardised training package for council rangers in NSW that are expected to respond to reports of dog attacks on people or other dogs and of dog escapes.

3. The Minister and the OLG further review and update the functionality of the Companion Animals Regulation 2018 (CAR) to enable councils readily to access the regulatory history of dog owners (penalty notices, court outcomes, warnings issued, suspected contraventions). 

4. The Minister and the OLG consider possible amendment of s 16 of the Companion Animals Act 1998 (CA Act) to delete subsection (2)(b).

5. The Minister and the OLG consider possible amendments of s 18 of the CA Act to broaden the scope for exercise of that power. 

6. The Minister and the OLG examine the appropriateness of the statutory thresholds and framing of the provisions in the CA Act for the issuance of notices to declare a dog a 'menacing' or 'dangerous' dog.

7. The Minister and the OLG examine the possible amendment of the CA Act to include an additional stand-alone offence of a dog attack causing serious harm or death to a person. 

8. The Minister and OLG consider the possible amendment of the CA Act to confer upon police officers the power to make dangerous and menacing dog declarations.

9. The Minister and the OLG examine the possible amendment of the CA Act to introduce a provision empowering an authorised officer to direct an owner or person in control of a dog to secure the dog with a muzzle and/or lead for a specified period.

10. The Minister and the OLG review, or continue to review, the appropriateness of the rehoming provisions of the CA Act regarding dogs involved in serious or fatal attacks. 

11. The Minister and the OLG investigate, or continue to investigate, facilitating reasonable access to DNA testing in NSW to assist in breed identification of dogs.

12. The Minister and the OLG examine, in consulation with councils, the development and implementation of a Statewide public awareness and education campaign to educate dog owners and the community generally about the risks posed by dogs and how safely to interact with them.

13. The Minister and the OLG, in consultation with councils and other stakeholders, consider introducing a licensing requirement for dog ownership, which may involve particular licence conditions calibrated for particular breeds of dogs and with applicants being required to undergo education with respect to safety and risk management.

14. The Minister and the OLG examine the adequacy of the maximum penalties for the offences provided by ss 12A, 13, 14, 16 and 17 of the CA Act.

15. The Minister and the OLG review the adequacy of the penalties for non-compliance with registration and identification requirements for dogs in the CA Act and the Regulation. 

I recommend to the Chief Executive Office of Penrith City Council:

16. The Council continue to review its standard operating procedures concerning responding to dog attack incidents and the training provided to authorised officers as regards the exercise of statutory powers under the CA Act, including the making of declarations, and with a view to ensuring proper coordination of responsibilities if the NSW Police Force is also involved in responding to a dog attack incident.

I recommend to the Commissioner, NSW Police Force:

17. The Commissioner consider reviewing the NSW Police Force's standard operating procedures, and the training provided to officers, regarding responses to suspected dog attacks, the statutory powers available to police under the CA Act, and in ensuring proper coordination of responsibilities between Police and councils in respect of a dog attack incident.