Understanding the Moreton Bay Dog
Declaration Process
______________________________________
A Step by Step Guide To What Happens
After A Dog Complaint
If you have received a call or a visit from Moreton Bay Regional Council (MBRC) about a potential dog declaration, it's important to understand the steps ahead. Here is what to expect and how to respond effectively.
Step by Step Navigating the MBRC Process
Here is the typical flow of a dog declaration investigation by Moreton Bay Regional Council (MBRC)
Complaint is received
A complaint is made to council about a dog.
At this stage, no decision has been made and the details of the complaint are often limited.
Council officers attend following an incident and will place the dog owner under caution.
Officers wear body-worn cameras during this attendance.
Owners should:
remain calm and factual and
record the interaction themselves.
Take the names and details of all officers in attendance.
What is said and done at this stage forms part of the investigation and may later be relied upon.
Investigation
Council interviews both the complainant and the dog owner.
The dog owner is placed under caution and all interactions are recorded by council.
Evidence gathered at this stage is used to support a decision, and owners should proceed on the basis that council may already hold a preliminary position.
Careful, factual responses and accurate record-keeping are essential.
Proposed Declaration Notice
Council issues a Proposed Declaration Notice after completing its investigation.
This notice is not a final decision.
It sets out:
the type of declaration being proposed
the reasons and evidence council is relying on
the conditions that may be imposed if the declaration proceeds
You are given a limited timeframe
( 14 days) to respond in writing.
This timeframe runs from the date on the notice, not the date it is received.
This is the most important stage of the entire process.
It is your opportunity to:
correct inaccuracies
provide evidence
challenge assumptions
address the specific grounds relied upon
Failure to respond, or providing an incomplete response, may result in the declaration being issued as proposed.
First Internal Appeal
After a declaration is issued, the owner may request a first internal appeal (internal review).
This appeal is conducted within council and reviewed by investigations leadership.
The review considers whether the investigation and decision-making process was properly followed.
Council has 14 days to respond to the appeal, calculated from the date the appeal is received.
The outcome may confirm, vary, or set aside the original decision.
Declaration Issued
If council upholds its decision following an internal appeal, the declaration is issued.
The declaration may be:
served directly to the owner, or
left at the property (including on a doorstep)
The declaration is typically accompanied by:
a collar with an identification tag, which must be worn
a warning sign, which must be displayed on the property boundary where the dog resides so it is visible to the public
Once the declaration is issued:
you are given 48 hours to comply with immediate requirements
you are then given 21 days to construct a compliant enclosure
The enclosure must meet specific requirements, including permitted materials and construction standards.
The rules governing enclosures, including approved materials and specifications, can be found here:
👉 [Insert link here]
Failure to comply within the required timeframes may result in further enforcement action.
Second Internal Review
If council upholds its decision after the first internal appeal, a second internal appeal may be available.
This appeal is escalated to the head of the department.
At Moreton Bay Regional Council, this review is conducted by Ryan Jeffcoat, in his role as Investigations and Audit Coordinator.
You have 14 days from the date on the declaration letter to lodge this appeal.
This review focuses on:
whether the decision and process complied with legislative requirements
whether the evidence supports the outcome reached
It is not a new investigation.
Important Destruction Orders
If the declaration includes a destruction order, urgent action is required.
In these circumstances, it is imperative to:
apply to Queensland Civil and Administrative Tribunal (QCAT), and
lodge an application for a stay of the decision using QCAT Form 44
A stay application asks QCAT to pause enforcement of the decision while the matter is reviewed.
Failure to obtain a stay may allow council to proceed with enforcement while the appeal is ongoing.
Where a destruction order is issued, do not wait for internal appeal outcomes act immediately.
Appeal at QCAT
Once the second internal appeal has been decided, council must respond within 14 days of receiving your appeal.
That decision may:
uphold the declaration
increase the declaration conditions
remove or vary the declaration
If the decision is upheld or increased, you may apply to Queensland Civil and Administrative Tribunal (QCAT) for an independent external review.
QCAT is not part of council.
It independently reviews the decision, the evidence relied upon, and whether the decision was reasonably open based on the material before council.
What to Expect at QCAT
At QCAT, council is a party to the proceedings.
Council commonly appears legally represented, including by solicitors or barristers, and will actively defend its decision.
This process is more formal than internal council reviews and requires preparation, organisation, and evidence-based submissions.
Dog owners should be aware that:
QCAT proceedings are adversarial in nature
council will rely on investigation material, officer statements, and legal submissions
emotional arguments carry little weight without supporting evidence
Stays and Enforcement
If enforcement action is underway, including destruction orders or strict compliance requirements, it is critical to apply for a stay of the decision so enforcement is paused while QCAT reviews the matter.
QCAT is where decisions are tested independently, preparation matters.
Avoid these common mistakes
Ignoring the notice: Not responding is seen as acceptance
Missing the deadline: You have 14 days from the date on the letter to respond
Lack of evidence: Apply as soon as possible for the Right To Information (RTI) to access all evidence being used against you
Confronting the complaintant - Remain calm and avoid confrontation
Failing to record interactions with MBRC - Council record all interactions with you make sure you do the same.
If you have received a notice start here
Responding effectively is crucial. Use our templates and checklists to submit a strong and timely response to MBRC.
Disclaimer Privacy Policy