Confusion over amendment to the Dog Act clarified

29/12/98

The Dog Act has not been amended and local governments are still entitled to destroy impounded dogs after keeping them for at least 72 hours (three days).

The warning was issued today by Local Government Minister Paul Omodei after a news item was broadcast over the Christmas period advising dog owners that councils now had to keep dogs for seven days before disposing of them.

"I would not like dog owners to believe that they have more time than is actually available to them," Mr Omodei said.

The Minister said the confusion appeared to have arisen from a recent amendment to the Local Government Act relating to other animals and a media statement issued by Opposition Local Government spokesman Mark McGowan MLA on December 24 in which he specifically related the amendment to dogs.

In fact, dogs and cattle were not affected by the amendment because they were covered by other legislation.

If people wanted to know their rights and responsibilities in relation to dogs, they should consult the Dog Act.

In the same statement, Mr McGowan made another error when he said the Labor Party had prevented commissioners being appointed to a local government for more than 12 months.

In fact, the Local Government Act provided that where a council was suspended or dismissed, commissioners could be appointed for up to two years, but when a new council was created, commissioners could be appointed for a maximum of 12 months.

The Government sought to amend the Act to provide for appointments up to two years in both sets of circumstances, and it did so particularly because of the need to extend the term of the commissioners now running the City of Joondalup and the Shire of Wanneroo.

The Labor Party and others opposed the amendment and retained the anomaly, but at the same time conceded that it was a weakness in the Act by supporting an amendment which extended the Joondalup/Wanneroo commissioners' term by six months to 18 months.

"I did not think the Labor Party understood what it was doing at the time, and Mr McGowan's statement confirms that impression," Mr Omodei said.

Media contact: Hugh Ryan 9213 6700