Experienced Adelaide Dog Law: Defence Against Council Control & Destruction Orders

A Destruction Order is the most serious action a Council can take, often sought after a serious attack on a person or another animal. If your dog has been seized by Council—often with Police in attendance—and is being held at a secure shelter like the AWL or RSPCA, time is extremely limited.

We are experienced in lodging documents and arguing for a Review to SACAT (South Australian Civil and Administrative Tribunal) to overturn the Destruction Order or have it downgraded to a Control Order. Securing our legal advice immediately is your dog’s best chance of avoiding euthanasia.

Defending Against Council Control Orders in South Australia

Receiving a notice for a Control (Dangerous Dog) Order, Control (Menacing Dog) Order, or Control (Nuisance Dog) Order can drastically change your dog’s life—and yours. A successful defence is vital to prevent severe, long-term restrictions.

We challenge the evidence and procedural fairness of the Council’s decision to fight for your dog’s freedom.

Consequences of some Control Orders

If a Control Order is imposed, the following flow-on consequences are common:

• Secure Confinement: The dog must be kept indoors or in an enclosure specifically constructed to prevent escape.
• Identification: Mandatory desexing and microchipping.
• Dangerous Dog Collar: At all times, the dog must wear a prescribed collar with diagonal bright red and yellow stripes to signify the order to the public.
• Restraint and Muzzling: Whenever not at home, the dog must be under the effective physical control of a person. For a Dangerous Dog Order, this includes having a muzzle securely fixed on its mouth.
• Prohibition on Running Free: Any Control Order (except a Barking Dog Order) will result in your dog being prohibited from running free at dog parks, beaches, or anywhere else outside the home.
• Warning Signs: Required warning signs must be displayed at all entrances to your home.

1. My dog bit someone — what should I do?

Contact your local council immediately. You may face fines or prosecution under the Dog and Cat Management Act 1995 (SA). We can help you respond and appeal any decision.

2. Can the council take or destroy my dog?

Yes. Councils can seize dogs after an attack or if considered dangerous. You have the right to appeal before destruction occurs.

3. What are my responsibilities as a dog owner?

All dogs and cats must be microchipped, desexed (unless exempt), and registered via Dog and Cat Online (DACO).

4. How do I appeal a “dangerous dog” declaration?

You can apply for a review in the Magistrates Court within 14 days. We can represent you and prepare your case.

5. Who keeps the pet after a breakup?

Pets are considered property. Ownership depends on registration, purchase, and care records.

6. Someone else has my pet — what can I do?

If you can prove ownership, you can demand its return or take civil recovery action.

7. Can my landlord or strata ban pets?

They can, depending on your lease or by-laws. You may request written permission or negotiate terms.

8. My neighbour’s dog keeps barking or attacking — what can I do?

Report it to your local council. Councils can issue nuisance or control orders.