De-barking in Australia

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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.

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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.

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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.

 

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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

 

 

 

 

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