Make a dog noise report

To report a noisy dog please complete this form

Frequently asked questions Frequently asked questions
What we will do next What we will do next
The law that we work with The law that we work with

What happens after I have reported a noisy dog?

We will ask for your help to understand when the nuisance is happening.

We will send you a 7 day barking dog record for you to record the barking.
You will need to return the barking dog record within 14 days of receiving the information. Fill in the record as the noise occurs. Don't try to remember at the end of each day or night as this will lead to mistakes in the accuracy of the recording.

If you don't complete and return the barking dog record within this time we cannot continue with the investigation. We will assume the matter has been sorted out. We will close our file with no further action taken.

While you are completing the barking dog record

We will tell the dog owner there has been a complaint and provide information to help them understand their pet's behaviour. This gives them the opportunity to identify the most likely cause.

Please allow time for the dog owner to make changes to their backyard, house or lifestyle.

What if I don't know where the dog lives?

We cannot put an allegation to a dog owner if we don't know which dog is causing the nuisance. We need you to find out where the dog lives before making a report.

Why can't I be anonymous when reporting a dog noise nuisance?

We understand you may not want to provide your personal information. We need your details so we can gather the evidence we need to investigate. We are unable to do this without your involvement.

We keep your personal information confidential. We may have to release personal details if a dog owner applies to council under the Freedom of Information Act 1991. We will consult with you before releasing any personal information.

Why a 7 day barking record?

It's important for us to get an accurate understanding of what usually happens. We use it in our confidential investigation and it's essential for a complaint to proceed. It helps us decide if we can act on the complaint.

If the times recorded are occasional or irregular, it may not be enough to class the dog as a nuisance. However, if proven that the noise is persistent and an unreasonable interference, we may have reasonable grounds to act.

We need to be able to give the dog owner as much information about the problem as possible. Having a written record is a good way to do this. The information you provide will help us to work out why the dog is barking. We will be able to offer specific advice to the owner on training, housing and other methods that may help control their dog.

I don't have time to record the dog's behaviour. Why can't Council do it?

We need you to tell us when the dog is causing the most nuisance. Council officers will investigate and do listening posts when possible but we can't be there all the time. If we have no evidence we can't complete the investigation.

What is excessive barking?

There is no set amount of barking or length of time which defines excessive or nuisance barking. Each case is assessed by an authorised officer based on the evidence gathered. Considerations include times, dates, frequency and impact.

After your barking record has been returned

1. We will review your barking dog record.

2. If there is enough evidence that a nuisance exists, we will visit the dog owner to discuss next steps. We may negotiate an action plan with the owner to rectify the nuisance. This will have specific actions and timelines.

We will seek feedback from you and share this with the dog owner. For example:

Has the barking reduced, increased or stayed the same?
What is the dog owner doing that is and is not working?

We may extend the monitoring stage to allow for continuous improvement of the dog's behaviour to be recognised.

4. We will also notify the owner that Council is continuing to monitor the situation and request action from them.

5. We may do listening posts when possible. We may use noise monitoring technology to determine the level of the nuisance. We may talk with your neighbours to establish if they are impacted by the dog's behaviour.

6. If the problem continues, we will review information from all sources to determine if formal enforcement action can and will be taken.

Owning or keeping a dog in the community is controlled by state legislation - the Dog and Cat Management Act, 1995. Council uses the legislation to deal with nuisance barking dogs. A dog barking persistently can be a breach of the Act.

Section 45A of the Act states: That the person responsible for the control of a dog which "creates a noise by barking or otherwise which persistently occurs or continues to such a degree or extent that it unreasonably interferes with the peace, comfort or convenience of a person" is guilty of an offence.

The Act does not set a level or amount of barking which makes the dog a nuisance. To help us resolve these issues we gather information to understand the dog's behaviour. This includes why the dog is barking, how often, when and for how long.

If a dog barks occasionally or at irregular times it is probably not enough to class the barking as a nuisance. However, if proven that the noise is persistent and an unreasonable interference, we may have reasonable grounds to act.

Enforcement

If the problem remains unresolved, the owner may be issued with an Expiation Notice and a Notice of Intent. This will require them to satisfactorily remedy the problem, otherwise a formal Control (Barking Dog) Order will be imposed upon them. The expiation fee for a noisy dog is $315.

A Control Order is a mandatory requirement for the dog owner to take whatever action Council decides is reasonably necessary to restrain the dog and rectify the problem.

Residents will be asked to complete a Control Order Diary for 14 days to monitor compliance with the Control Order.

If the Order is breached, the diaries will provide the evidence required to take the matter to court. When an owner is found guilty, the court has the ability to:

issue a fine
impose strict controls on the owner of the dog
remove the dog temporarily or permanently.

Note: Dog owners have the right to appeal against the imposition of an Order or any other legal action. In this case you may be required to give evidence in court.

If the Order or directions are not obeyed an expiation notice may be issued. The expiation fee is $500 or a maximum penalty of $2,500. Council may prosecute the owner if they continue to contravene the order.

Civil action

Any person can institute civil proceedings against a dog owner in a court. However, this course of action can only be handled by the complainant in a civil court. It cannot be handled by the Council.

Complaints and grievance procedures

If you believe that we have not handled the matter in accordance with the Dog and Cat Management Act, please contact us. We will try to resolve any problems.

Owners may request a formal review of the decision. The review will be carried out by a person not directly involved in handling the issue.

Owners retain the right at any time to refer the matter to their local Elected Member, local Member of Parliament or the State Ombudsman's Office for an investigation.