A Call for Help, A Dismissal of Risk
When a person's life is endangered, the expectation is that Victoria Police will investigate. Following the fatal dog attack on our dog, Manix—an incident where both myself and my elderly mother were directly threatened—we held that expectation. We had been the victims of a clear act of reckless endangerment, and we looked to the police for a serious response.
Instead, we were met with a process that minimized the risk we faced and ultimately deferred to the council. We later lodged a formal complaint regarding this initial failure to act. The official response we have now received is a stark illustration of how the law itself ties the hands of the police and leaves victims unprotected.
The Legislative Trap: "It's Just a Dog Attack"
During our follow-up conversations with the investigating officers, the sentiment that this was 'just a dog attack' was clear. This was not a failure of a single officer; it was a reflection of a systemic and legislative failure.
The police response made it clear that a criminal investigation under the Crimes Act 1958 was considered impossible. Why? Because the relevant sections of the Act can only be used if a dog has already been declared "dangerous" or is a "restricted breed."
This creates a legislative trap. A responsible owner whose dog has a momentary lapse and is declared dangerous can face serious criminal charges for a future incident. But an irresponsible owner of an undeclared dog can allow their animal to endanger human life, and as long as they flee the scene to prevent the dog from being identified or declared, they are effectively immune from any serious criminal consequences.
This is the legislative basis for the "one free attack" loophole.
A System That Fails Victims
The outcome of our police complaint has made the systemic problem undeniable. The police are not failing to act out of malice; they are failing to act because the laws are written in a way that prevents them from doing so.
The current system:
- Decriminalizes Reckless Endangerment: It creates a special, less serious category for acts of endangerment committed with a dog, treating them as minor regulatory issues instead of potential crimes.
- Empowers Irresponsible Owners: It provides a clear roadmap for offenders to evade all meaningful consequences by simply lying and hiding.
- Leaves Victims on Their Own: It forces victims back into a council-led process that lacks the investigative powers, resources, and authority to handle uncooperative or criminal offenders.
Until these legislative loopholes are closed, Victoria Police will continue to be powerless, and victims will continue to be told that the endangerment of their lives is "just a dog attack."
This legislative failure is a core focus of our detailed report, "Governing in the Dark: Victoria's Unseen Dog Attack Crisis," available on the home page.