The ACT government will confer with Canberra prosecutors to confirm tough laws for dog attacks will stand up in court.
Subscribe now for unlimited access.
$0/
(min cost $0)
or signup to continue reading
Territory and Municipal Services Minister Shane Rattenbury on Thursday said he would write to the ACT Director of Public Prosecutions to ensure prosecutors had no concerns with the construction of the offences or the legislation.
Mr Rattenbury sought the assurances after the owner of a dog that bit three-year-old Phoebe Hettinger on the face – leaving her scarred – escaped with a fine of $1000 after he was prosecuted in the ACT Magistrates Court on Wednesday.
After the case ended, Phoebe's father, Michael Hettinger, said the laws introduced into the ACT last year had failed his family.
Government figures, published at the time of the changes, said Canberra had an average of 260 dog attacks or harassment incidents each year, with many resulting in serious stress or physical harm to people and animals.
Mr Hettinger claimed the dog's owner had been charged at the same level as he would have been under the previous laws.
Mr Hettinger said the prosecutors had told him the laws had been written in a "clunky" fashion which made it difficult to enforce.
"If this is the case, then there is an issue of public safety, where the public is under the misapprehension that they are better protected with the amended act," Mr Hettinger said.
"In fact, the amendments aren't worth the paper they are printed on, and the act needs to be fixed immediately."
Mr Rattenbury said on Thursday that the DPP had indicated some miscommunication with the family in relation to the clunky comments.
"[The prosecutor] was referring to the process required by the law rather than the legislation itself," Mr Rattenbury said.
"However, I will formally write to the DPP on this matter to ensure that they have no concerns with the construction of the offence or the legislation."
The Greens MLA said he sympathised with all involved in the case.
"This is a tragic circumstance for the family involved, and I can only imagine their level of distress," Mr Rattenbury said.
"Given the circumstances I expect the dog owner would also be quite distressed."
He repeated the government's commitment to the bolstered legislation, but said it was up to the courts to apply the laws based on each individual case and the evidence heard.
"The ACT government is committed to promoting responsible pet ownership and it is important for dog owners to understand that there are serious ramifications if their dog attacks or harasses another person or animal.
"However it is also important for the community to be mindful that animals can be unpredictable and to always exercise caution when approaching an unfamiliar dog."