Policy on Approval of Greyhound Muzzle Exemptions

Policy on Approval of Greyhound Muzzle Exemptions

Document Control: Creator Dog and Cat Management Board Author Policy Development and Review Working Group Consultation Trish Bennett Delta Dog Trainer Larissa Darragh Manager Victorian GAP Angela Webb Coordinator SA GAP Jackie Horton RSPCA Animal Shelter Manager Date Released TBA Review Date 10 November 2010 Version Final Description Policy on Approval of Greyhound Muzzle Exemptions. Keywords Greyhound Muzzle Exemption Availability DCMB Website Council Secure Area URL http://www.dogandcatboard.com.au Coverage Owners of pet greyhounds Authorisation: Dog and Cat Management Board Meeting date 15 December 2010

1. Background and Legislation The Dog and Cat Management Act 1995 (the Act) requires Greyhounds have a muzzle securely fixed on their mouths so as to prevent them from biting any person or animal and must be held on a leash of not more than 2 metres in length when off the owners premises. The requirement to muzzle greyhounds is not due to instinctive aggression, but their strong prey drive which may cause them to chase, harass or even kill smaller animals. The instinct to chase is enhanced in a racing environment through reward and training. A reversal of that training is required before a greyhound may be considered suitable for petting outside of the racing fraternity. Desensitising greyhounds from the stimulus to chase requires completion of accredited training and assessment of suitability for un-muzzling using an approved assessment technique. (Refer Policy for Approval of Training Programs and Assessment Procedures for Dogs). Relevant Sections of the Legislation 45C Specific duties relating to greyhounds (1) A person who owns or is responsible for the control of a greyhound is guilty of an offence if, while not effectively confined to premises of which the person is the occupier, the greyhound (a) does not have a muzzle securely fixed on its mouth so as to prevent it from biting any person or animal; or (b) is not under the effective control of a person by means of physical restraint. Maximum penalty: $250. Expiation fee: $80. (2) Subsection (1) does not apply if the greyhound (a) is being raced, exercised or trained on land with the consent of the owner or occupier of the land; or (b) is participating in an organised activity (being a show, trial or class) and is under the effective control of a person by command, the greyhound being in close proximity to the person and the person being able to see the greyhound at all times. 45E Board may exempt persons from specific duties under this Division (1) The Board may, on application or of its own motion, exempt a person or class of persons from having to comply with a specified specific duty under this Division. (2) An exemption is subject to the conditions (if any) imposed by the Board. (3) The Board may, at the Board's discretion, vary or revoke an exemption. (4) The Board must give written notice of a grant, or a variation or revocation, of an exemption to the applicant. 2. Purpose of the Policy The process for granting an exemption to the greyhound s owner from the muzzling requirements of the Act forms the basis of this policy. The Policy establishes processes for: Applying exemptions under the Act to greyhound owners or class of persons Identifying owners or a class of person responsible for the care and control of a greyhound (see Example Form 2) Revoking exemptions

3. Definitions Registered Owner of a Greyhound (Registered Owner) the person in who s name the greyhound is registered. the Board - Dog and Cat Management Board Attack/harassment - the dog attacks, harasses or chases or otherwise endangers the health of a person or an animal or bird owned by or in the charge of another person (whether or not actual injury is caused). AMO Animal Management Officer, authorised by Council under the Dog and Cat Management Act (also includes Dog Management Officer) Class of person for the purpose of S43E(1) and the application of this Policy, the DCMB has declared that persons authorised by the Registered Owner to have care and control of the approved greyhound are exempt from the provision of S45C(a)(b) Greyhound Muzzle Exemption Register- register of exempt Registered Owners (refer Form 4) 4. Responsibilities Executive Officer administers this policy and applications received in accordance with this policy Registered Owners It is a condition of the granting of exemption to the Registered Owner, that they MUST: Immediately notify Board staff if the greyhound attacks/harasses or chases or otherwise endangers the health of a person or an animal or bird owned by or in the charge of another person (whether or not actual injury is caused) and; Ensure they carry the approved exemption identification (form 4) when off premises with the accredited greyhound un-muzzled and; Produce the approved exemption identification (form 2) upon request and; Notify the Board if they change address and; Notify the Board if the greyhound is sold, given away or dies. Exemption granted to the original Registered Owner is revoked and the new Registered Owner must reapply. AMO must notify the DCMB of an attack/harassment by an assessed greyhound. 5. Special Considerations If an assessed greyhound is sold or given away, the new Registered Owner must apply for exemption from the muzzling requirements of the Act, in accordance with this Policy. The new Registered Owner must comply with section 45C until the exemption request has been approved. Only Registered Owners living in South Australia can apply for exemption. Exemptions granted under the Dog and Cat Management Act 1995 may not be valid in other states. 6. Implementation 1 A Greyhound will be assessed through a Board accredited behavioural assessment (Refer Policy for Accreditation of Training Programs and Assessment Procedures for Dogs) as being suitable for un-muzzling issued with a signed Safety Certificate in accordance with the conditions outlined in the Accreditation of Training Policy. The greyhound is to remain muzzled at this time. 2 The Registered Owner making application to the Board for exemption from the statutory requirement for the greyhound to be muzzled, must provide all the details indicated in example form 1, together with a signed copy of the Safety Certificate issued in Step 1. 3 The Executive Officer will assess the application in line with the Board's approved Policy.

4 Exemption from the requirement for the greyhound to be muzzled in public, in accordance with Section 45E of the Dog and Cat Management Act, 1995 is not granted until written approval and identification card has been issued by the Executive Officer details have been entered onto the Greyhound Muzzle Exemption Register. 5 The Registered Owner, a person nominated within the class, as defined by the owner, and AMO must notify the Board should the accredited greyhound attack/harass or chase or otherwise endanger the health of a person or an animal or bird owned by or in the charge of another person (whether or not actual injury is caused). 6 On receipt of information regarding an attack/harassment, exemption is immediately revoked. A letter confirming the revocation will be sent to the current owner and the greyhound register updated accordingly. The greyhound must have a muzzle securely fitted to its mouth when not confined to the owner s premises. 7 Assessments will be provided to the Board periodically. 7. Attachments Example Form 1 Application for Exemption Example Form 2 Approved Exemption Identification Example Form 3 Example letter indicating conditions applying to the Exemption. Example Form 4 Greyhound Muzzle Exemption Register

Process for Exempting Greyhounds to wear a Muzzle in Public Dog is assessed by Approved training program (or whatever the correct name is) No Pass Signed Safety Certificate issued Yes Greyhound to wear muzzle until exemption application approved Owner submits application with required supporting documentation No Granted Yes Details recorded on Register. Approval letter and certificate sent to owner. Exempted dog commits attack owner contacts DCMB exemption revoked automatically letter sent to owner confirming must then comply with section 45C of the Act.

Example Form 1 Application for Greyhound Exemption NOTE : All greyhounds must be muzzled, whilst in public, until written exemption has been granted under Section 45E of the Dog and Cat Management Act 1995. I of contact numbers hereby request my greyhound, described below, be exempt from wearing a muzzle whilst in public, in accordance with the Policy on Owners of Greyhounds Applying for Muzzle Exemption and Section 45E of the Dog and Cat Management Act 1995. Greyhounds name Microchip number Ear tattoo (if present) Sex Age Colour Markings Green Collar Number (if GAP dog) assessed by on I understand that the greyhound, described above, must remain under effective control by a person with a leash not exceeding two meters in length when off my property. I understand that any exemption granted may be immediately revoked. Signed date This application must be accompanied by a signed Safety Certificate from a Board accredited assessment and training provider and a passport size photograph of the accredited greyhound. Address all correspondence to: The Executive Officer Dog and Cat Management Board P O Box 1047 ADELAIDE SA 5001 Official use only Application granted Yes / No

Level 2 1 Richmond Road Keswick SA 5035 GPO Box 1047 Adelaide SA 5001 Ph: 08 8124 4962 Fax: 08 8124 4648 DCMB Ref: 98/0356 ABN 48 100 971 189 www.dogsncats.asn.au Date Recipient Dear Recipient Re: Greyhound Exemption Application Thank you for your application dated Date regarding exemption from the statutory requirement to apply a muzzle to the dog identified as Dog Name (GAP collar ref: 705). I am pleased to advise that your application has met the criteria required in accordance with the Dog and Cat Management Board Policy for Greyhound Muzzle Exemption Approval. You have been successful in obtaining an exemption under section 45E of the Dog and Cat Management Act 1995, from the requirement to apply a muzzle to the above mentioned Greyhound when not confined to your property. You are reminded that under section 45C(b) of the Act, all greyhounds must remain under effective control of a person by means of physical restraint (lead) not exceeding two metres in length. The legislative requirement for physical restraint of the greyhound overrides any local council by-laws permitting dogs to be off leash in designated areas and/or dog parks. In accordance with the Policy for Greyhound Muzzle Exemption Approval, persons authorised by you (Class of persons) to have care and control of the approved greyhound (as identified above) are exempt from the requirement to apply a muzzle to the greyhound on condition that they carry the identification exemption when in control of the un-muzzled greyhound when off the premises at which the greyhound has been registered. Should the greyhound be involved in an attack/harassment, you, or the person responsible for your greyhound, are required to notify the appropriate Council and the Dog and Cat Management Board immediately. The exemption will be revoked immediately and you are subject to infringement in accordance with the relevant sections of the Dog and Cat Management Act. For any further information regarding this matter you are welcome to contact me on 8124 4962 or email dcmb@sa.gov.au. Yours sincerely Ben Luxton Executive Officer - Dog and Cat Management Board

Exemption Identification Owned by: Owner Dog Name Green Collar # 705 Authorised By: Mr Ben Luxton Executive Officer DCMB Date of issue: Date An Exemption pursuant to section 45E (1) of the Dog and Cat Management Act 1995 has been granted to the holder of this card. The dog depicted on this card can be un-muzzled whilst in public places but MUST remain under effective control by a leash not exceeding 2 metres in length. If this card is found, please hand into a police station, or post to: Dog and Cat Management Board, GPO Box 1047, Adelaide, SA, 5001