Hume council will refund nearly $10,000 worth of fines after discovery that there was no validly made order to allow a section of the Domestic Animals Act 1994 to be enforceable.
Infringements have been given out in recent months in the Hume area to members of the public failing to comply with conditions of the act, such as the requirement for dogs to be kept on a leash when in public areas.
At the Hume council meeting on September 11, councillor Carly Moore simplified the reasons for which the council had been pulled up on the enforcing of these conditions, and why it has been non-enforcable.
“Under Section 26 of the Domestic Animals Act, councils have powers to restrict the presence of cats and dogs in public places,” she said.
“But to be able to do so an order must be published in the government gazette and in a local newspaper that circulates in the area.”
Through an extensive search by the council of documents and council records revealed the information had not been circulated.
This means that any actions that council has taken in the past under this section of the act are invalid. The council had fined residents a total of $9556.
Councillor Jarrod Bell echoed the sentiment of Cr Moore and admitted fault of the council.
“There was an issue we needed to fix and I am glad that we are doing so tonight [Monday],” he said.
“While this issue impacts a relatively small number of individuals, council doesn’t downplay the significance, and we are absolutely committed to making sure this is fixed.”
The council will now work quickly to reach out to all affected individuals and inform them of their eligibility for a refund, as well as cancelling all infringements that remain unpaid.
Moving forward, work is currently underway to prepare an Order pursuant to s26 of the Domestic Animals Act for council consideration and approval. This order is expected to be
presented to the council in October.
