Guest guest Posted January 31, 2006 Report Share Posted January 31, 2006 Hi Cate, Thanks for your input, it'll be useful ! Regards, Debasis - Cate <cateanna Tuesday, January 31, 2006 12:33 pm De-barking in Australia > De-barking is allowed in Australia only in cases where > the alternative is euthanasia for a dog which has been > declared a public nuisance. > > The following about the law, the local council and the > Code of Practice touches on what is involved before > such a procedure is allowed. > -------------------------------- > THE LAW > > Debarking dogs > > As well as the general requirements under the > Prevention of Cruelty to Animals Act 1986 (Vic), s. 9 > of that Act makes it an offence to debark a dog, > unless the operation is done on the advice of a > veterinary surgeon and in accordance with a code of > practice. > > The circumstances in which veterinarians in NSW may > operate to debark dogs are very limited. They are set > out in the Veterinary Surgeons? Code of Professional > Conduct (Schedule 1 to the Veterinary Surgeons > Regulation 1995), the Prevention of Cruelty to Animals > Act 1979 (NSW) (?POCTA Act?) and the Prevention of > Cruelty to Animals Act (General) Regulation 1996 > (?POCTA Regulation?). > Genuine Therapeutic Purposes > Rule 4 of the Code of Professional Conduct provides > that debarking of dogs (along with certain other > procedures) ?should be conducted only for genuine > therapeutic purposes and in a manner consistent with > the [POCTA Act]?. Regulation 10 of the Veterinary > Surgeons Regulation 1995 states that a breach of the > rule constitutes ?misconduct in a professional > respect? for the purposes of s 22© Veterinary > Surgeons Act 1986 (NSW). > Prescribed Circumstances > The POCTA Act provides in section 12(1) that ?a person > shall not...operate upon a dog for the purpose of > preventing the dog from being able to bark? but also > states in section 12(2)(b) that ?a person is not > guilty of an offence against this section if the court > is satisfied that the [debarking] was performed in the > prescribed circumstances and in accordance with any > conditions specified in the regulations.? Those > circumstances and conditions are set out in the POCTA > Regulation. Reg. 10 provides that the ?prescribed > circumstance? is that ?the veterinary surgeon who > performs the [debarking] operation is, before doing > so, provided with a statutory declaration to the > effect that the dog will be destroyed unless the > operation is performed because the dog?s barking > causes an unacceptable public nuisance.? > Keeping a Register > Pursuant to section 12A of the Act, a Veterinary > Surgeon who carries out a de-barking procedure must > enter relevant particulars in a register. The > particulars are set out in regulation 12 and are: the > name and address of the owner of the animal, the > nature of the procedure, the relevant date, a full > description of the animal and the name of the > Veterinary Surgeon who carried out the procedure. > Conclusion > In order to comply with the law and to avoid > committing professional misconduct, veterinarians > should ensure that any debarking operations performed > are only performed for therapeutic purposes and only > after receiving a statutory declaration which states > that the dog will be destroyed because the dog?s > barking causes an unacceptable public nuisance. The > necessary entries in the register must also be > maintained. Note that a public nuisance is treated by > the law as a serious nuisance, beyond the ordinary > private nuisance such as a dog?s barking occasionally > annoying a neighbouring resident. Finally it is worth > pointing out that in accordance with good practice, > statutory declarations for the purposes of debarking > operations should be kept on file by veterinarians and > made available for inspection if necessary, along with > the register. > -- > LOCAL COUNCILS DEALING WITH BARKING DOG COMPLAINTS > > When a Council receives a written complaint about a > barking dog, the owner is sent a notification of an > alleged complaint. > > The owner is informed that if another written > complaint is received against the dog, Council will > have no choice but to proceed on the matter. > > What happens next depends on what action the owner has > taken to date. The owner's actions to prevent the dog > from barking are taken into consideration, and Council > shall work with the owner to help solve the problem. > > Council informs owner that they are willing to help > the owner in any way they can, however the owner must > be prepared to work with the Council. The dog's owner > should talk to their neighbours and keep them informed > as to the actions owner has taken and to follow up > with them to find out if has been successful or not. > > If there is no improvement after initial notification > Council will then proceed to do a noise survey of the > Street and immediate neighbours. This takes the form > of an interview with owners of houses that may be > affected nearby. Should the majority of people > affected agree that there is a noise problem in > relation to dogs, Council then may issue a notice of > abatement, in which the owner has seven days to show a > positive reduction in the noise problem or remove the > dog. > > Should the noise problem persist with no attempts to > abate this, then Council may issue infringement > notices relating to this matter. > > If there is still no improvement, Council may issue a > notice to seize the dog in question. > > *** > > ANTI-BARK COLLARS: > > There are three basic types: > > 1. Citronella Collar - Is quite effective and harmless > to the > animal. The citronella collar, (this works by spraying > a small amount of citronella past the dogs nose when > it barks.) > > 2. Sonic collar (emits a high pitched noise when dog > barks) Quite successful, however many cattle type dogs > do have hearing problems and this reduces the success > rate in this breed. > > 3. Electric shock collar. > > Neither the sonic nor the citronella has any harmful > effects on the animal. > > Unfortunately these anti bark collars are not a > permanent cure. We suggest that they be used for a > week to ten days initially then taken off and reused > only when the animal starts to again bark. They are > available to buy and or hire from some pet shops and > veterinary surgeries. > > BEHAVIOURAL TRAINERS > > Animal behavioural trainers have a wealth of knowledge > in these areas and have shown success with solving > barking dog problems. > > -- > CODE OF PRACTICE FOR DEBARKING OF DOGS > > The Code below specifies that 'Before agreeing to > perform a debarking operation the registered > veterinary practitioner should consider the history > and physical condition of the dog and arrangements for > post-operative care and management. If the welfare of > a dog after debarking is likely to be jeopardised > because it is not able to attract attention to > discomfort or danger, the dog should not be debarked'. > > This code aims to protect the welfare of dogs from > indiscriminate debarking and to encourage considerate > management of debarked dogs. This Code is > complementary to and should be read in conjunction > with Clause 9(l) of the Prevention of Cruelty to > Animals > Act which prohibits debarking of dogs except by and on > the advice of a registered veterinary practitioner and > in > accordance with this Code of Practice. > > Meaning of debarking > > For the purposes of this Code 'debarking' means the > surgical operation performed by a registered > veterinary > practitioner to reduce the noise of a dog's bark. When > a > dog is debarked its ability to communicate with other > animals and human beings is reduced. Most debarked > dogs have a subdued " husky " bark, audible up to 20 > metres. > > Circumstances in which a dog may be > debarked > > This code recognises that debarking a dog may be > necessary for therapeutic or prophylactic effects, or > as an > alternative to euthanasia for a dog declared to be a > public > nuisance because it barks persistently. > A dog is a public nuisance where ? there have been > written > complaints from the occupiers of not less than two > neighbouring residences or in isolated areas two > written > complaints from persons occupying the same residence, > submitted to the Municipal offices, and investigation > by an > authorised officer of the municipality confirms that > despite > every reasonable effort by the owner to discourage the > dog > from barking by considerate care, training and > management the dog continues to bark persistently. > This Code does not approve of debarking as a > substitute for proper care, management and training of > a dog. When management changes and training are > undertaken, sufficient time should always be allowed > for behaviour changes in a dog to be evident. > > Responsibilities of the owner in the case > of a dog which is a public nuisance > > An owner who intends to have a dog debarked BECAUSE > IT IS A PUBLIC NUISANCE must first complete a > Statutory Declaration to the effect that the dog is a > public > nuisance because of its persistent barking and that > every > reasonable effort has been made to discourage the dog > from barking by considerate care, training and > management. The owner is to further declare that the > only > alternative to debarking the dog is to have it > destroyed. A > model Statutory Declaration is attached. > The owner must also obtain from the Chief Executive > Officer (or delegate) of the Council of the Municipal > District in which the dog is registered a written > declaration > which certifies that - > (i) there have been written complaints from two or > more > neighbouring residences or, in isolated areas, two > written > complaints from the same residence, submitted to the > Municipal offices, and > (ii) an authorised officer of the Municipality has > investigated the complaints and has confirmed that > reasonable efforts by the owner have failed to > discourage > the dog from persistently barking. > A model declaration is attached (Appendix). > The Registered Veterinary Practitioner who is to > perform > the debarking operation is required to notify the > Bureau of > Animal Welfare within 7 days of each such operation. A > model declaration is attached. > In the case of a licensed scientific establishment, > the > Statutory Declaration may be accompanied by a > certificate > from the Bureau of Animal Welfare in lieu of a > certification > by the Chief Executive Officer (or equivalent) of the > Municipality. Any dog found to be a persistent barker > during its holding and preparation period should not > be held > for scientific purposes. > > Responsibilities of the registered > veterinary practitioner > > Before agreeing to perform a debarking operation the > registered veterinary practitioner should consider the > history and physical condition of the dog and > arrangements > for post-operative care and management. If the welfare > of > a dog after debarking is likely to be jeopardised > because it > is not able to attract attention to discomfort or > danger, the > dog should not be debarked. > > The recommended method for debarking > (ventriculocordectomy) is by using a ventral > laryngotomy > approach as compared to the oral approach. The two > primary post-operative complications of either > procedure are > return to bark and stricture or ?webbing? of the > glottis. > Some return of the bark can be expected after > ventriculocordectomy especially with the oral > approach. > The ventral approach gives more consistent and > satisfactory > results because it permits better exposure and, > generally, > more complete removal of the vocal cords. > Owners of dogs who request ?debarking? should be > advised > of the possible complications. The registered > veterinary > practitioner must be certain that clients understand > the risks > and limitations of the procedure before accepting the > case. > The registered veterinary practitioner should also > advise > the owner or person-in-charge on the care and > management of a debarked dog. It may not be necessary > to completely separate a debarked dog from other dogs > but care should always be taken soon after the > operation > or with dogs which are unfamiliar to the debarked dog. > > http://www.nre.vic.gov.au/DPI/nreninf.nsf/9e58661e880ba9e44a256c640023eb2e/c04d2\ 3ffd9ed82f8ca256f0f000b6278/$FILE/AG0979.pdf#search='dog+debark' > > http://www.vsb.nsw.gov.au/Boardtalk/december2002.pdf > > > > > __ > > Personals: It's free to check out our great singles! > http://au.personals. > > > > > For more information on Asian animal issues, please use the search > feature on the AAPN website: http://www.aapn.org/ or search the > list archives at: aapn > Please feel free to send any relevant news or comments to the list > at aapn > Quote Link to comment Share on other sites More sharing options...
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