Inquest into the death of MJ

Case Number: 2021/198871

Date of Findings: 17 January 2025

Magistrate: Carmel Forbes, Deputy State Coroner

CORONIAL LAW - Dog attack of a five-week-old baby - Examination of the Companion Animals Act 1998 regulatory regime - Recommendations for regulatory change

Responses

Recommendations

To the Minister for Local Government and the Office of Local Government (OLG)

1. The Minister and the OLG review the adequacy of the penalties for non-compliance with registration and identification requirements for dogs in the Companion Animals Act 1998 (Act) and the Regulation.
2. The Minister and the OLG, in consultation with councils, develop and implement 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.
3. The Minister and the OLG, in consultation with councils and other stakeholders, introduce 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.
4. 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 Act.
5. The Minister and the OLG amend s 16 of the Act to delete subsection (2)(b). 
6. The Minister and the OLG amend s 18 of the Act to broaden the scope for exercise of that power. 
7. The Minister and the OLG amend:
• the interim control obligations and interim powers enlivened under ss 36 and 58B of the Act upon the giving of a notice of intention to declare a dog (i) dangerous or menacing or (ii) restricted; and
• s 58(4) so as to make clearer its intended operation.
8. The Minister and the OLG introduce a general power in the Act for 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. 
9. The Minister and the OLG amend s 58C of the Act (a) regarding the prohibition on an authorised officer making a restricted dog declaration if the owner provides a written statement by an approved breed assessor or approved temperament assessor; and (b) to require breed and/or temperament assessors to provide an outline of the assessment carried out (including, for the temperament assessment, where, over what duration, and in what conditions).
10. To the extent not already done, the Minister and the OLG investigate, or continue to investigate, facilitating reasonable access to DNA testing in NSW to assist breed identification of dogs.