Allow Dog or Cat to Be a Nuisance Explained

Author: Andrew George

Practice area: Public Order

Andrew is a founding Director of Doogue + George, ranked by Doyle's Guide as a Leading Criminal Defence Lawyer in Victoria (2026) and an LIV Accredited Criminal Law Specialist since 1995 with over 30 years of experience across all Victorian courts, tribunals and Royal Commissions. His depth of experience in this area means clients receive accurate, considered advice.

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Andrew authored this content and last revised it for accuracy on 5th August 2026.

What is the offence of Allow Dog or Cat To Be a Nuisance?

Allow Dog or Cat To Be a Nuisance is a summary offence under section 32(1) of the Domestic Animals Act 1994 (Vic). It applies where an occupier allows a dog or cat on their premises to be a nuisance within the meaning of the Act.

Key points

Requires proof the accused was the occupier and permitted the animal to be a nuisance.
Nuisance may involve injury or endangering health, or persistent noise causing unreasonable interference.
Usual court level: Magistrates’ Court.

The maximum penalty for Allow Dog or Cat To Be a Nuisance is a fine of 3 penalty units ($627.30).

Common defences may include factual dispute about the animal, whether conduct amounted to a nuisance, or whether the accused was the occupier.

Have you been accused of Allow Dog or Cat to Be a Nuisance?

Council Interview

If the council contact you about interviewing you in relation to your dog or cat being a nuisance, chat to a lawyer before answering any questions. Anything you say in an interview is critical to how your case will proceed. Sometimes it’s best to put your side of the story on record. Other times it’s best to answer ‘no comment’ to their questions. This depends on a variety of factors.

Pleading Not Guilty

If you dispute the allegations about your pet, or maybe it isn’t your pet, you have the right to contest the allegation. Whilst this is not a particularly serious offence, you are still at risk of a conviction and you should therefore discuss possible defences with one of our lawyers. We can assess the case against you and devise a defence strategy. This might include asking for the charge to be withdrawn by the police so it never reaches the hearing stage.

Pleading Guilty

Our lawyers run guilty pleas on a daily basis. Not only can we run an effective plea on your behalf to ensure the best possible outcome in court, we also suggest measures that can be put in place to ensure the offending doesn’t happen again. In relation to one’s dog or cat being a nuisance, we can explore ways of preventing the animal from continuing to be a nuisance. This takes the stress away moving forward and will also help your case.

Sentencing

Sentencing in the Magistrates’ Courts of Victoria

Source: Sentencing Advisory Council of Victoria (SACStat), Domestic Animals Act 1994 (Vic) s 32(1) — 124 charges across 40 cases, Magistrates’ Court, 1 July 2020 – 30 June 2023.

Sentencing outcome	%
Fine	50%
Adjourned Undertaking	29%
Discharge/Dismissal	16.9%
Community Correction Order	4%

These figures indicate there is no significant risk of jail for this offence. Instead, the court generally treats it as a regulatory matter. However, sentencing always depends on the individual circumstances, including prior history and the specific facts of the case.

Which court will the case be heard in?

Allow Dog or Cat To Be a Nuisance is considered a summary offence and hence will be heard at the Magistrates’ Court.

Meaning of Allow Dog or Cat to Be a Nuisance

The Prosecution must prove:

That a dog or cat was kept or permitted to remain on the premises of the accused, and
That dog or cat had been a nuisance by:
1. Injuring or endangering the health of any person, or
2. Creating a noise, such as barking, which persistently occurs and unreasonably interferes with the peace, comfort or convenience of any person in any other premises, and
That the accused must have then been the occupier of the premises

Defences

Some of the criminal defences used to fight this charge in court are impossibility, lack of intent, honest and reasonable mistake of belief, incorrect facts, and the concept of beyond reasonable doubt. The overall circumstances of a case will determine what will be an appropriate defence to the charge. Questions that we might raise in a matter like this could include:

Did your neighbour confuse another dog’s barking with your dog’s barking?
Did the victim trespass on your property, and whilst doing so they were injured by your dog?
Is it actually a dog or a cat? Rabbits, guinea pigs and birds would not be covered under this section.
Was the barking actually persistent – did it continue for a few days, or weeks, or months?

Maximum penalty for section 32(1) of the Domestic Animals Act 1994

This offence of Allow Dog or Cat to Be a Nuisance (s32(1) of the Domestic Animals Act 1994) carries a fine of 3 penalty units ($627.30) as the highest possible sentence.

Case studies and other information

SAC Statistics – Domestic Animals Act 1994 (Vic) : s 32(1) – allow dog or cat to be a nuisance

FAQs for Allow Dog or Cat To Be a Nuisance

What is allow dog or cat to be a nuisance in Victoria?

This offence is created by section 32(1) of the Domestic Animals Act 1994 (Vic). It applies where a dog or cat is kept or permitted to remain on a person’s premises and becomes a “nuisance” in a way defined by the Act. It is dealt with as a summary offence in the Magistrates’ Court.

Does the noise need to be persistent?

For the noise-based form of nuisance, the conduct involves noise that persistently occurs and unreasonably interferes with peace, comfort or convenience at other premises. A common issue is whether the noise was truly persistent and over what period it occurred. The allegation typically turns on the nature, frequency and duration of the noise and the impact it is said to have caused.

Does it matter if it was not my dog or cat?

One issue that can arise is whether the nuisance animal was actually kept or permitted to remain on the accused’s premises. Examples of factual disputes include a neighbour attributing barking to the wrong dog, or disagreement about whether the animal involved was a dog or a cat. The offence is framed around a dog or cat on the occupier’s premises.

What counts as a “nuisance” for this offence?

A dog or cat can be a nuisance if it injures or endangers the health of a person. It can also be a nuisance by creating noise (such as barking) that persistently occurs and unreasonably interferes with the peace, comfort or convenience of a person at other premises. The focus is on persistence and unreasonable interference, not isolated or minor disturbance.

Can allow dog or cat to be a nuisance charges be withdrawn before trial?

Yes, charges of allow dog or cat to be a nuisance may sometimes be withdrawn before trial if the prosecution evidence is weak. Defence lawyers often negotiate with prosecutors to discontinue weak cases.

What defences apply to allow dog or cat to be a nuisance charges in Victoria?

Defences and issues described for this charge include impossibility, lack of intent, honest and reasonable mistake of belief, incorrect facts, and whether the prosecution can prove the charge beyond reasonable doubt. Fact-based issues may include whether the barking was from a different dog, whether the noise was persistent, and the circumstances in which an injury is alleged to have occurred.

Can I get bail for allow dog or cat to be a nuisance charges in Victoria?

Bail can usually be sought if charged with allow dog or cat to be a nuisance. Success depends on the seriousness of the charge and your personal circumstances. Lawyers prepare strong bail applications to maximise release chances.

What experience do Doogue + George have with allow dog or cat to be a nuisance cases?

Doogue + George Defence Lawyers have extensive experience with allow dog or cat to be a nuisance cases, including high-profile matters. We bring decades of expertise to defending clients in Victoria.