CAT AND DOG LEGISLATION CERTIFICATES OF AUTHORISATION

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1 Our Ref: #01; E TO ALL LOCAL GOVERNMENTS CIRCULAR N O CAT AND DOG LEGISLATION CERTIFICATES OF AUTHORISATION Under the Dog Act 1976 (the Dog Act) and Cat Act 2011 (the Cat Act) local governments have the power to appoint a person to carry out a variety of legislative functions and duties. It is a requirement under both statutes that a person carrying out functions and duties on behalf of the local government is appointed in accordance with the legislation. Under section 29(1) of the Dog Act, a person must be appointed in writing to exercise powers conferred by the local government. The relevant provision under the Cat Act is section 48(1) which provides that a class, or classes of person, may be appointed for the purposes of exercising powers on behalf of the local government. The certificate must be issued to the appointed person and specifically stipulate in writing the functions of the appointment. For the purpose of administering the Dog Act or the Cat Act, the certificate must be carried by the appointed person and produced when requested when they invoke their authority to perform the following functions: register dogs issue an infringement notice declare a dog dangerous seize, impound, trap or destroy a dog or cat stop, enter and search a vehicle enter and search private property, or operate a dog or cat management facility If the staff member s authority expires or is revoked, any certificate issued to them should be promptly returned to the local government. This prevents the possibility that the certificate may be lost or misused. Gordon Stephenson House 140 William Street Perth WA 6000 GPO Box R1250 Perth WA 6844 Tel: (08) Fax: (08) Freecall: (Country only) info@dlgc.wa.gov.au Website:

2 Attached to this circular are information sheets about issuing certificates to authorised persons in relation to the Dog Act and the Cat Act. They are designed to assist local governments in understanding the legislative provisions and requirements for these certificates. For more information and advice, please contact the department on or Jennifer Mathews DIRECTOR GENERAL 11 August 2016

3 Certificates for Authorised Persons Dog Act 1976 Information Sheet In Western Australia, local governments are responsible for administering and enforcing the Dog Act 1976 (the Dog Act). To fulfil this responsibility, certain duties and powers are carried out by either employees of the local government, or persons authorised by the local government. Both are considered authorised persons and must be issued with a certificate to perform these functions. Why issue a certificate? To appoint an authorised person to carry out certain functions under the Dog Act 1976 on behalf of the local government. It is a requirement under section 11(3) of the Dog Act that persons who are authorised by the local government to carry out any power under the Dog Act be supplied with a certificate. To inform authorised persons of the extent of their powers. To inform members of the general public what authorities and powers an authorised person can exercise. An authorised person must carry a certificate at all times when performing their duties, and present it upon request. The purpose of a certificate is to: Identifies authorised persons who are acting on behalf of the local government. Allows an authorised person to exercise certain powers on behalf of the local government. Acts as a record and proof of authorisation. Page 1 of 5 Certificates of Authorisation Dog Act 1976

4 Who issues the certificate? The relevant local government issues the certificate to the authorised person/s. Who can they be issued to? Rangers Registration officers Dog management facilities operators. What powers can they cover? Registering dogs Seizing, impounding or destroying a dog Issuing an infringement notice Issuing a withdrawal of infringement notice Entering and searching a private property or vehicle Declaring a dog dangerous Operating a dog management facility. The powers and corresponding sections are set out in the tables provided below. How long are they issued for? This is at the discretion of the local government. What should the certificate look like? The certificate must be in the prescribed form: Form 1 of Schedule 1 of the Dog Regulations What must be included in the form? The name of the authorised person and their position title e.g. ranger. The name of the relevant local government. The powers that the person can exercise. It is at the discretion of the local government what powers the authorised person can exercise. Page 2 of 5 Certificates of Authorisation Dog Act 1976

5 Please note: the local government should list or describe the powers rather than specifying all the powers of an authorised person under the Dog Act and Dog Regulations This is because an authorised person may not be able to exercise all of these powers under the Dog Act and regulations. For instance, under regulation 35(6) of the Dog Regulations 2013, an authorised person cannot be authorised to issue both an infringement notice and a withdrawal of infringement notice. Powers under the Act The below powers and duties do not specify the circumstances in which these powers can be used the local government should refer to the Dog Act and associated regulations to determine in what circumstances these powers may be exercised. Table 1 Powers of a ranger/ authorised person under the Dog Act 1976 Section of Act/ Regulations Section 12A(2) Section 12A(4) Section 12A(5) Section 29(3)(d) Section 29(3)(e) Section 29(4) Section 29(5b) Section 29(8)(a) Section 29(8A)(a) Section 29(10) Section 29(12) Section 29(13) Section 29(14) Enter and inspect premises with warrant. Enter premises where dangerous dog suspected. Stop, enter, search, inspect a vehicle. Seize and detain a dog. Enter premises for the purpose of seizing a dog Detain a dog; return it to its owner Using a warrant to seize or detain a dog and enter premises to seize a dog Cause notice to be given to owner when a dog is detained Cause notice to be given to owner of the detention of a dog Cause a dog to be destroyed in accordance with any of the circumstances in subsections (10)(a) to (e) Cause a dog to be destroyed where dog is savage etc. Cause a dog to be destroyed when dog is suffering from injury, disease, sickness with veterinarian s written authorisation Cause a dog to be destroyed at request of owner Page 3 of 5 Certificates of Authorisation Dog Act 1976

6 Section of Act/ Regulations Section 33E(1) Section 33G(1) Section 33G(2A) Section 33G(2) Section 33G(6) Section 38(3) Section 39(1) Section 43A Section 44(2) Section 47(2) Regulation 35(1) Regulation 35(5) Declare a dog a dangerous dog Enter premises, and seize and detain a dangerous dog Enter premises, and seize and detain pups of a dangerous dog (restricted breed) Give notice to owner of seizure of dangerous dog Cause a dangerous dog to be destroyed Issue an order in regards to a nuisance dog Cause a dog to be destroyed when an attack has occurred Request a person provide them with their personal information Can prosecute on behalf of the local government Request vet services for a dog Issue an infringement notice Issue a withdrawal of an infringement notice Table 2 Powers of a dog registration officer under the Dog Act 1976 Section of Act Section 12(A)(1) Section 16(2) Section 16(3A) Section 16(3) Section 16(3c) Section 16(6) Enter and inspect premises Effect the registration of a dog; refuse the registration application and refund the registration fee when directed by the local government; enter particulars in the record Cancel a registration; not effect or renew a registration Cancel a registration or refuse to effect or renew a registration when directed by the local government Cancel the registration of a dog Issue a registration certificate and tag Page 4 of 5 Certificates of Authorisation Dog Act 1976

7 Table 3 Powers of a dog management facility operator so authorised under the Dog Act 1976 Section of Act Section 11(1) Section 29(7) Section 30A Appointed to administer the facilities of a dog management facility and carry out the objects of the Act Officer of a dog management facility may receive and keep dogs in the dog management facility and exercise all powers of an authorised person or local government under section 29 An operator of a dog management facility may cause a dog to be microchipped For more information, please contact: Department of Local Government and Communities Gordon Stephenson House, 140 William Street, Perth WA 6000 GPO Box R1250, Perth WA 6844 Telephone: (08) Fax: (08) Freecall: (Country only) legislation@dlgc.wa.gov.au Website: Translating and Interpreting Service (TIS): Page 5 of 5 Certificates of Authorisation Dog Act 1976

8 Certificates for Authorised Persons Cat Act Information Sheet In Western Australia, local governments are responsible for administering and enforcing the Cat Act 2011 (the Cat Act). To fulfil this responsibility, certain duties and powers are carried out by either employees of the local government, or persons authorised by the local government. Both are considered authorised persons and must be issued with a certificate to perform these functions. Why issue a certificate? To appoint an authorised person to carry out certain functions under the Cat Act 2011 on behalf of the local government. It is a requirement under section 48(5) of the Cat Act that persons who are authorised by the local government to carry out any power under the Cat Act be supplied with a certificate in the prescribed form. To inform authorised persons of the extent of their powers. To inform members of the general public what authorities and powers an authorised person can exercise. An authorised person must carry a certificate at all times when performing their duties, and present it upon request. The purpose of a certificate is to: Identifies authorised persons who are acting on behalf of the local government. Allows an authorised person to exercise certain powers on behalf of the local government. Acts as a record and proof of authorisation. Page 1 of 4 Certificates of Authorisation Cat Act 2011

9 Who issues the certificate? The relevant local government issues the certificate to the authorised person/s. Who can they be issued to? Employees of the local government Authorised persons, such as rangers Cat management facility operators. Under section 3(1) of the Act, in the definition of cat management facility, the local government can appoint in writing a person or body to operate a cat management facility. What powers can they cover? Seizing and impounding cats Trapping cats Causing cats to be destroyed Entering premises and collecting evidence Applying for and executing warrants Issuing infringement notices. The powers and corresponding sections are set out in the following table. How long are they issued for? This is at the discretion of the local government. Under section 48(4), the local government can cancel an authorisation or add, vary or cancel a condition of an authorisation at any time. Where a person ceases to be an authorised person, they must return the certificate to the local government as soon as practicable. What should the certificate look like? The Cat Act and associated regulations do not prescribe a form. A format similar to Form 1 of Schedule 1 of the Dog Regulations 2013 would be suitable. The certificate must be in writing. Page 2 of 4 Certificates of Authorisation Cat Act 2011

10 What must be included in the form? The name of the relevant local government. The name of the State that the person is an authorised person for. The powers that the person can exercise. It is at the discretion of the local government what powers the authorised person can exercise. Any conditions that apply to the authorisations. Please note: the local government should list or describe the powers rather than specifying all the powers of an authorised person under the Act. This is because an authorised person may not be able to exercise all of these powers under the Cat Act. For instance, under section 48(2) of the Cat Act, only an authorised person who is an employee of the local government can issue an infringement notice under section 62. Powers under the Cat Act 2011 The below powers and duties do not specify the circumstances in which these powers can be used the local government should refer to the Cat Act to determine in what circumstances these powers may be exercised. Table Powers of an authorised person under the Cat Act 2011 Section of Act Section 27 Section 28 Section 49(1) Section 50(1) Section 51(1) Section 51(2) Section 52 Section 57 Section 60(1) Seize any cat; enter any premises Impound a cat or return a cat to its owner Cause a cat to be destroyed Request a person provide them with their personal information Enter premises Give notice to an owner or occupier Set traps for cats; examine a cat and enter premises; collect evidence Apply for a warrant Execute a warrant

11 Section of Act Section 62(1) Section 73(1)(b) Issue an infringement notice (provided they are an employee of the local government in accordance with section 48(2)). Commence a prosecution for an offence against the Act For more information, please contact: Department of Local Government and Communities Gordon Stephenson House, 140 William Street, Perth WA 6000 GPO Box R1250, Perth WA 6844 Telephone: (08) Fax: (08) Freecall: (Country only) legislation@dlgc.wa.gov.au Website: Translating and Interpreting Service (TIS) Tel: