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Darren Kruse
Darren Kruse, Solicitor
Category: Australia Law
Satisfied Customers: 16
Experience:  Practising in in Personal Injury, Workcover, Civil Disputes, Family, Wills and Estates and Criminal law.
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I HAVE JUST RECEIVED A REPLY FROM THE BY LAWS OFFICER REGARDING

Resolved Question:

I HAVE JUST RECEIVED A REPLY FROM THE BY LAWS OFFICER REGARDING THE ALLEGED ATTACK. THEY HAVE NOT PROVIDED "EVIDENCE" STATING THAT A BY LAWS OFFICER WITNESSED THE BODILY HARM & TIGER HAS BEEN DEEMED "A DANGEROUS DOG". THE OWNER OF THE "ALEDGED VICTIM" IS A BUNDABERG CITY COUNCIL EMPLOYEE, A WORK COLLEAGUE AND BUDDY OF THE BY LAW'S OFFICER. THE OWNER OF THE VICTIM HAS THREATENED TO BAIT MY DOG ON SEVERAL OCCASSIONS, AND THAT HE IS OUT TO GET HIM. I AM OF THE OPINION THAT THE BY LAWS OFFICER AND THE ALEDGED VICTIMS OWNER HAVE COLUDED IN THIS ALLEGATION. I INTEND TO DISPUTE THIS DECISION. PLEASE ADVISE
Submitted: 2 years ago.
Category: Australia Law
Expert:  Darren Kruse replied 2 years ago.

Darren Kruse : The letter you ha e received deeming your dog to be dangerous is most likely a proposed declaration under ANIMAL MANAGEMENT (CATS AND DOGS) ACT 2008 - SECT 89http://www.austlii.edu.au/au/legis/qld/consol_act/amada2008244/s89.html
Darren Kruse : If it is a proposed declaration and not a final declaration, then they have to give you the opportunity to provide your own evidence as per s94 of the same Act. See http://www.austlii.edu.au/au/legis/qld/consol_act/amada2008244/s94.html
Darren Kruse : you dispute this declaration by following the Review process set out in s180 to s189 of the same Act. In a nutshell you have a 4
Darren Kruse : .. a right to have declaration decision reviewed first internally by the council and then by QCAT if you are still not happy. The good news is that the bias you are alleging should be taken out of it because the internal review must be conducted as follows :
Darren Kruse : (2) The application must not be dealt with by--(a) the person who made the original decision; or(b) a person in a less senior office than the person who made the original decision.http://www.austlii.edu.au/au/legis/qld/consol_act/amada2008244/s186.html
Darren Kruse : I hope I have answered your question. : As you are offline, I'll switch this to Q&A mode now
Darren Kruse : If you found my answers helpful, please click on the GREEN ACCEPT button above for my answer.
Darren Kruse, Solicitor
Category: Australia Law
Satisfied Customers: 16
Experience: Practising in in Personal Injury, Workcover, Civil Disputes, Family, Wills and Estates and Criminal law.
Darren Kruse and other Australia Law Specialists are ready to help you
Expert:  Darren Kruse replied 2 years ago.
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Expert:  Darren Kruse replied 2 years ago.
Ps. Here is a link to the whole index of the ANIMAL MANAGEMENT (CATS AND DOGS) ACT 2008
http://www.austlii.edu.au/au/legis/qld/consol_act/amada2008244/index.html

Every council in Qld has to follow this legislation.

If you end up appealing to QCAT, then there fees involved , that you should get back if you win

This the QCAT process : http://www.qcat.qld.gov.au/qcat-application-process.htm
Remember, you have to go thru the internal council review process first.

Applications or referrals under:Animal Management (Cats and Dogs) Act 2008, section 188
Application fee $175
Appeal fee $350

http://www.qcat.qld.gov.au/fees-and-allowances.htm#Occupational_regulation_matters_and_reviews_of_administrative_decisions_2

If you found my answers helpful, please click on the GREEN ACCEPT button above for my answer.
Expert:  Darren Kruse replied 2 years ago.
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Darren Kruse, Solicitor
Category: Australia Law
Satisfied Customers: 16
Experience: Practising in in Personal Injury, Workcover, Civil Disputes, Family, Wills and Estates and Criminal law.
Darren Kruse and other Australia Law Specialists are ready to help you

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