Moreton Bay council officers were illegally seizing regulated dogs and fining pet owners without the proper authorisations for eight years, leaked documents show.
Letters obtained by the ABC show between 2016 and August 2022, some officers were regulating dogs without an “instrument of delegation” required under Queensland law.
In June 2022, the then-Moreton Bay Regional Council received legal advice that this contravened the Animal Management (Cats and Dogs) Act of 2008.
The internal email from council’s legal counsel advised that fines, euthanasias, impoundments, and other dog-related directives given by these council staff were null and void.
“Any so-called declarations purported to be made by officers not listed in the old delegations are invalid and of no legal effect,” the email read.
“In addition to the legal issues, there are procedural and behavioural considerations here that potentially need to be considered.”
Higher registration fees
The legal counsel noted this raised “several issues” in relation to dogs that had been unlawfully destroyed or owners who spent money complying with invalid council directives.
The lawyer noted owners were out of pocket for higher registration fees and other compliance costs when their dogs were invalidly declared a dangerous “regulated” animal.
A Moreton Bay City Council spokesperson told ABC Radio Brisbane staff had conducted annual systematic reviews of regulated dogs for compliance with Queensland law.
The spokesperson said they had also conducted a separate audit of all dog declarations in late 2022.
“Council is committed to continuous improvement and when concerns are raised about its regulatory processes, these matters are reviewed and resolved accordingly,” the spokesperson said.
“Council invites any dog owner who is concerned about a regulated dog declaration to contact council to discuss the matter further.
“Decisions on regulated dogs, to the best of our knowledge, have been administered in a way that prioritises the safety of community.”
Upper management was informed
ABC Radio Brisbane asked the council how many dogs were unlawfully destroyed and seized, how many people were improperly fined, and whether it had compensated anyone.
Other questions included how much money was made through invalid fines, when the council learnt about the non-compliance, and whether it had told any dog owners or the state government about what had happened.
The council did not answer these questions.
Separate correspondence obtained by the ABC showed council’s upper management was made aware of the issue in 2022, including the local laws manager, customer response manager, chief legal counsel, and community and environmental services director.
ABC Radio Brisbane reached out to the Queensland Department of Agriculture of Fisheries, which is in charge of dog regulation policy.
The ABC asked the department whether Moreton Bay City Council told it about the breach, what the associated penalties were for non-compliance, and whether it had enforced those penalties.
The department declined to comment.
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