My dog has been made the subject of a destruction/control order. Can I appeal this decision?
As of 1 July 2018, appeals of destruction and/or control orders are heard in the South Australian Civil and Administrative Appeals Tribunal (SACAT).
An avenue of appeal lies within SACAT of certain decisions and orders made under the Dog and Cat Management Act 1995 (SA). Such decisions were formerly reviewed by the Administrative and Disciplinary Division of the District Court.
A person can apply to SACAT within 14 days of receiving notice of the relevant decision/order, in relation to the following orders:
- A Destruction Order;
- A Control (Dangerous Dog) Order;
- A Control (Menacing Dog) Order;
- A Control (Nuisance Dog) Order;
- A Control (Barking Dog) Order;
- A Prohibition Order.
See Dog and Cat Management Act 1995 (SA) s 72(4).
SACAT can also, upon application, review a decision to refuse to allow the release of a dog or cat that is being detained under the Dog and Cat Management Act 1995 (SA), or any other decision that SACAT is declared to have jurisdiction over. [see ss 72(4)(b) and 72(4)(c)].
Applications made outside of the allowed 14 day period will only be heard if special circumstances exist to grant an extension of time, and if the other party will not be unreasonably disadvantaged because of the delay in proceedings [s 72(3)].
The content of the Law Handbook is made available as a public service for information purposes only and should not be relied upon as a substitute for legal advice. See Disclaimer for details. For free and confidential legal advice in South Australia call 1300 366 424.