Before a control or destruction order can be issued, the council must give at least 7 days written notice inviting the owner and all those responsible for the dog to explain why an order should not be made [s 52]. If an order is made, the council can give written directions on how the order is to be complied with [s 53].

Breaching an order is an offence unless the owner can prove that they were unaware the order was in force [s 55]. An authorised council officer may also seize, detain and destroy a dog where orders have been contravened or to give effect to orders, see Seizure and destruction of dogs.

Destruction Order

The local council may make a Destruction Order if satisfied that the dog is unduly dangerous and the dog has attacked, harassed or chased a person, or an animal or bird owned by a person, in circumstances that would constitute an offence [see Dog and Cat Management Act 1995 (SA) s 51(a)]. See also Dog attacks.

This order requires that the dog be destroyed within a specified period (not less than 1 month after the order takes effect), and that until destroyed the dog be kept or detained at a place specified in the order or approved by the council [s 50(2)].

A court application for a Destruction Order can also be made pursuant to section 59 of the Dog and Cat Management Act 1995 (SA). Applications are governed by Chapter 3 Part 2 Division 2 of the Uniform Special Statutory Rules 2022 (SA).

Control (Dangerous Dog) Order

The local council may make a Control (Dangerous Dog) Order if satisfied that the dog is dangerous and the dog has attacked, harassed or chased a person, animal or bird, or is likely to do so, in circumstances that would constitute an offence (or is subject to an order of another jurisdiction that corresponds to a Control (Dangerous Dog) Order) [Dog and Cat Management Act 1995 (SA) s 51(b)].

This order requires the dog to [s 50(3)]:

It also requires warning signs to be displayed at all entrances to the premises where the dog usually lives, and can require the person responsible for the dog, or the dog, or both, to undertake specified training courses.

All reasonable steps must be taken to prevent the dog from repeating the behaviour that gave rise to the order.

If a dog subject to a Control (Dangerous Dog) Order is seized and detained, it may be microchipped and desexed, with the cost recoverable from the owner as a debt due to the council [s 61(5) and (6)].

Control (Menacing Dog) Order

The local council may make a Control (Menacing Dog) Order if satisfied that the dog is menacing and the dog has attacked, harassed or chased a person, animal or bird, or is likely to do so, in circumstances that would constitute an offence (or is subject to an order of another jurisdiction that corresponds to a Control (Menacing Dog) Order) [see Dog and Cat Management Act 1995 (SA) s 51(c)].

This order requires the dog [s 50(4)]:

All reasonable steps must be taken to prevent the dog from repeating the behaviour that gave rise to the order.

Control (Nuisance Dog) Order

The local council may make a Control (Nuisance Dog) Order if satisfied that the dog is a nuisance and the dog has attacked, harassed or chased a person, animal or bird, or is likely to do so, in circumstances that would constitute an offence (or is subject to an order of another jurisdiction that corresponds to a Control (Nuisance Dog) Order) [see Dog and Cat Management Act 1995 (SA) s 51(d)].

This order requires the dog [s 50(5)]:

All reasonable steps must be taken to prevent the dog from repeating the behaviour that gave rise to the order.

Control (Barking Dog) Order

See Barking dogs.

Where a council has issued a Control or Destruction Order, there is an appeal process available to review the order, see Review of Control or Destruction Orders.