Set out the section 29 offence questions for a dog attack
MaintainedLast reviewed
Key facts
- Human involvement
- YellowClose supervision
- How AI is used
- List the owner or person in apparent control, the harm described in the records, and any provocation, trespass or other defence fact the documents mention. Do not plead a civil cause of action from section 29.
- What the lawyer must review
- Treat section 29, on the text opened, as offences and not as a civil damages action.
- Treat a section 29(11) order as compensation after a finding of guilt, not as the civil claim.
- Keep health and wage records in a firm-controlled tool, not a public one.
- ASCR r 9 and APP 11 apply. Decide if a breach is notifiable under the Privacy Act 1988 (Cth).
Rules that apply
The document starts from the task name. Change it if this piece of work is different.
The work product
Forum. Victoria. A dog attack, with section 29 read beside any negligence claim.
Produce. A question list tied to the records, for the lawyer to settle.
Have ready. Records naming the owner or person in apparent control; Records of the harm; Any document mentioning teasing, trespass or another animal.
Example of the limit. Illustrative example: The records say a dog bit a person and that the person was on the footpath. The list records apparent control and the injury. It does not plead section 29 as the damages claim.
Stop and hand it back when
- The tool is asked to plead the civil cause of action from section 29.
- The dog's status cannot be taken from a document.
Sources for this task were checked on 2026-10-23.
Who does what
| Role | What they do |
|---|---|
| Assistance | List the owner or person in apparent control, the harm described in the records, and any provocation, trespass or other defence fact the documents mention. Do not plead a civil cause of action from section 29. |
| Lawyer | Set the scope, supervise the work closely, verify every part relied on, resolve omissions and exceptions, and approve the exact output. |
Checklist
- Record whether the dog is described as a dangerous dog that is not a guard dog guarding non-residential premises, or a restricted breed dog, and the maximum the opened subsections state.
- For another dog, record whether the records describe death or serious injury, a lesser injury, or rushing or chasing, and which offence subsection that matches.
- Record any section 29(9) fact: teased, abused or assaulted; trespass on the premises where the dog was kept; another animal on those premises; or a person known to the dog being attacked in front of the dog.
- Note section 29(10) is a hunt defence for subsections (3) to (8) only where the hunt was conducted under the Prevention of Cruelty to Animals Act 1986. Section 29(11) is a compensation order after a finding of guilt, and it is not the civil claim.
Sources
- Domestic Animals Act 1994 (Vic) section 29 · 2026-10-23
- Wrongs Act 1958 (Vic) section 48 · 2026-10-23
- Wrongs Act 1958 (Vic) section 14B · 2026-10-23
The opened section does not say it excludes a civil claim. Do not turn the offence into the damages action. Test negligence under section 48, or section 14B if the claim is about the state of the premises.
If this is filed in the Supreme Court of Victoria, Practice Note SC Gen 25, issued on 14 May 2026, calls for particular caution with affidavit material and expert reports, and says confidential information should not go into a public AI tool.