Breed Specific Legislation in Queensland

The Queensland Government passed legislation on 11 December 2001 introducing a statewide framework for four breeds of dog that they deemed were dangerous. These are:

The restricted dogs legislation provides for a minimum standard for the restricted breeds across Queensland but enables local governments, through the implementation of their own local laws, to implement or maintain higher standards of regulation including a total ban of any or all the breeds. Councils can add any breed of dog, which includes dogs that fit the description of the breed, to this list at their discretion.

The Local Government Act (Queensland) of 1993 (reprinted in August 2002) gives the following definition of restricted dogs:

1193E What is a “restricted dog”
(1) A “restricted dog” is a dog—
(a) of a breed as follows—
(i) dogo Argentino;
(ii) fila Brasileiro;
(iii) Japanese tosa; or
(b) of the type commonly known as ‘American pit bull terrier’ or ‘pit bull terrier’; or
(c) of a breed or type prescribed for this paragraph under a regulation; or
(d) that is a crossbreed, or the offspring of, a dog of a breed or type mentioned in paragraph (a), (b) or (c), whether or not the dog appears to be a dog of that type or breed.
(2) Also, a dog is a “restricted dog” if it is the subject of a restricted dog declaration.
(3) A breed or type may be prescribed under subsection (1)(c) only if, under the Customs Act 1901 (Cwlth), it is prohibited from importation into Australia.

Council officers are provided with a crash course in how to identify restricted breeds. Unfortunately, some breeds or their crosses may resemble these restricted dogs, particularly Mastiffs and Neapolitan Mastiffs or their crosses (Filas and Tosas), and Staffordshire Bull Terriers, Bull Terriers, American Staffordshire Terriers and their crosses (American Pit Bull Terrier). Council officers have already been responsible for misidentifying family dogs as one of these breeds. Many of these dogs have been destroyed.

In an email dated 20th September 2002 the Brisbane City Council stated "These four breeds of dog are noted for their ferocity, with the American Pit Bull Terrier breed being implicated in a number of serious and some times fatal dog attacks on people, as well as other animals.

Council is charged with a duty of care in regard to public safety. Accordingly, Council's decision to introduce the Local Law to ban the four dog breeds was made in the interest of public safety after first subjecting the proposal to the community consultation processes. Council is of the view that the keeping of these types of dogs within the suburban environment is not in the interest of public safety. The Federal Government importation ban and the Restricted Dog legislation recently introduced by the Queensland Government support this."

In an email received on the 5th June 2002, Lord Mayor Jim Soorley stated "As part of the law making process, Council was required to subject the proposed law to public scrutiny to determine community acceptance prior to making the ban law. As a result, little public objection was received and accordingly Council resolved to make the ban law.

I must point out that it was never Council's intention or expectation that by introducing the ban the number of general dog attacks would be reduced. Rather the intention was and still is to eliminate or reduce the risk of serious injury posed by these four aggressive breeds of dog as a result of an attack caused by irresponsible practices by the owner or simply by accident. Council has at all times, a duty of care to protect the safety of the community. In maintaining the ban, Council is addressing its duty of care."

As a Brisbane resident, I did not hear about this legislation until AFTER it was passed. Many dog owners STILL know nothing about it. If the intention of BSL was not to reduce dog attacks, then how can it be effective in protecting the safety of the community, when, as they admit, attacks are caused by irresponsible owners? The Dogo Argentino and the Japanese Tosa don't even exist in Australia, and the Fila Brasiliero is extremely rare. Is this a scapegoating of the "pitbull"?

Most people have heard that pitbulls and indeed most bull breeds can lock their jaws. Apparently this was how they were bred so they couldn't let go once locked. This is one reason given for the stance that these dogs are more dangerous than other breeds. However, Dr Brisbin (Georgia University - USA) and other canine anatomists have compared skulls weight for weight in breeds, with examinations of dog jaws and all are the same construction.

He states "The few studies which have been conducted of the structure of the skulls, mandibles and teeth of pit bulls show that, in proportion to their size, their jaw structure and thus its inferred functional morphology, is no different than that of any breed of dog. There is absolutely no evidence for the existence of any kind of 'locking mechanism' unique to the structure of the jaw and/or teeth of the American Pit Bull Terrier." In regard to claims of massive 1200 P.S.I., 1500 P.S.I., 1800 P.S.I. jaw strength he says, "To the best of our knowledge, there are no published scientific studies that would allow any meaningful comparision to be made of the biting power of various breeds of dogs. There are, moreover, compelling technical reasons why such data describing biting power in terms of 'pounds per square inch' can never be collected in a meaningful way. All figures describing biting power in such terms can be traced to either unfounded rumor or, in some cases, to newspaper articles with no foundation in factual data." Another commonly believed "fact" is that the pitbull does not lock its jaw as do other dogs (although this is a frequent claim against it) but its lower jaw scissors back and forth to "rend flesh from the bone". According to Dr. Brisbin this is anatomically impossible, because of the shape of the dog's dental plane and jaw.

This study deals with issues relating to the pitbull under BSL.

The following document is an excerpt from De Kalb County, Georgia's dog ordinance. It clearly addresses the pitfalls inherent in Breed Specific Bans as well as demonstrating how enforcing leash laws and ownership responsibility effectively reduces dog attacks.

De Kalb County Ordinance for Dogs

Dr. Stephen Collier of the UNE here in Australia provided a submission addressing the (then) proposed draft legislation. I would strongly recommend ANYONE who wants a logical discussion of the facts rather than just media hype and politician-speak to read this submission. This is a short excerpt: "Breed identification to the level of reliability required for the imposition of judicial penalty has been the rock upon which all breed-specific legislation has foundered. The Queensland Government has recognised this, and has shifted the onus of identification onto the dog owner. This is a mean-spirited approach. If the government with all its advice cannot identify a dog’s breed, how can an owner, especially if the dog came form an unregistered breeder, a pound, a petshop etc? The law will hold responsible and liable to significant penalty a person who has no objective way to know whether or not he is breaking the law. This seems to violate natural justice. The comprehension of cross breeds in the legislation will make it unworkable, and will entangle citizens and councils in the courts, to the great expense and grief of both sides. What does a Fila or Tosa cross look like, and how does it differ from a Bloodhoud of Bull Mastiff cross? It beggars the mind to consider these difficulties."
Please read the full submission here.

Dr. Kersti Seksel, an expert in veterinary behaviour, compiled a report for the NSW department of local government on BSL. Read the report here.

Even though experts and scientists argue effectively against BSL, even though all of the evidence shows it is flawed and discriminatory, the Queensland government decided it was good enough for Queensland.

John Smith's dog Ranger (not their true names) was misidentified as a pitbull by a Council Officer in Maryborough. Their story had a happy ending, but how many have a different, tragic ending? How many incidents like this do we not hear about? It is estimated that 4000 dogs have lost their lives so far in four months due to this legislation. Most of these dogs will have had no restricted breed bloodlines in them. The majority of these are destroyed on the misidentification of council officers. For the official Queensland Government Guidelines for identifying these dog breeds, please visit the Council Breed Identification Guidelines. How many staffy crosses and mastiff crosses will be misidentified in the future? Keep in mind, the only crime of these dogs is to look like restricted breeds. They are not dangerous dogs, they have not attacked any humans or animals. It seems fair to say that under this legislation, dogs are guilty until proven innocent. It is legalising canine discrimination, breed discrimination.

The onus is on the owner to provide proof that the dog is not a "pitbull" or "pitbull" cross. Since many dogs do not have papers (and indeed all crossbreeds) sometimes this is impossible. If the council is adamant that your dog is a "pitbull", then that's what it is regardless of its parentage. If you take it to court, you may win. But how many dog owners can afford a lengthy court battle against a council that has more resources (and most funded by your rates and taxes)?

I don't own a restricted dog. Why does BSL affect me? Because, quite simply, when the legislation doesn't reduce dog attacks, the media will put pressure on the government to do something more. Will the government enforce ownership laws that are currently in place? No. They'll ban more breeds. So what if your dog doesn't have a fighting history. If it's big, if it is on the list of top biters, it will be targeted. The irresponsible owners will move from breed to breed, destroying breed reputations until no dog over 20cm will be allowed. But even a little dog is dangerous to children. It may sound like a worst-case scenario, but it is quite likely. Already councils in other Queensland shires are banning other breeds, including Bull Terriers, Dobermanns, German Shepherd Dogs, Bull Mastiffs, Rottweilers, Neapolitan Mastiffs, Maremma Sheepdogs, Anatolian (Karabash) Shepherd Dogs, Rhodesian Ridgebacks and Great Danes. Is your dog next?

Germany introduced BSL in June/July 2000, after two dogs attacked a 6 year old boy. The two dogs were trained to attack, the one that killed the boy had drugs in his body and was starving. The owner was clearly responsible for this atrocity and the German government in a typical knee jerk reaction introduced Breed Specific Legislation. People are encouraged to harrass dog owners, dogs have been killed and even dog owners. Is this the sort of hysteria we want in Australia? To read more about this holocaust, visit:

Most dog attacks are caused by negligent or irresponsible owners. Dogs are not humans and cannot abide by our laws unless the owner is responsible. Ways to ensure you are a responsible dog owner include:

Keep the dog enclosed in the backyard, and keep it on leash when out of the yard (except in designated off-leash areas). Dogs that roam are a nuisance, also, the dog may be hit by a car. Dogs off-leash are also dangerous, as they may rush up to a dog that is on a leash causing potential problems.

Desex your dog. Don't contribute to the rising amount of unwanted dogs and puppies. Also, statistics show that entire dogs are more likely to attack than desexed dogs, so if your dog is not required for breeding, do the right thing and desex it.

ALWAYS supervise children with dogs. Young children may accidentally hurt puppies and dogs, causing the dog to bite. Children under 6 are most at risk, so never leave them alone with dogs. Also discourage games that encourage the dog to bite, such as tug-o-war, chasey and "sic'em".

Don't chain your dog up for hours at a time. It should be in a enclosed yard, not on a chain. Dogs want to be part of the family too, and if they are not socialised, they are more likely to be aggressive.

For more information please visit the Endangered Dog Breeds Association of Australia (link below) for more information on responsible ownership, Breed Specific Legislation, research and myths.