'I wouldn't wish it on my worst enemy': Call for rehoming change after dog attack

Sheila Smith was walking her five-year-old kelpie-border collie, Remi, on February 1 when she crossed paths with two dogs and their owner and one slipped from their grasp at the Hodge Street entrance to Nail Can Hill in Glenroy.

Ms Smith said the dog latched onto Remi's neck in an attack that lasted about 10 minutes.

She said if it wasn't for the quick thinking of a nearby resident, who heard Ms Smith's screams and took a hose from their garden and sprayed the attacking dog until it finally relented, it could have been a different story.

Remi sustained lacerations to her neck and left hind leg.

"It was a large, brown stocky dog. The type of breed I tend to avoid in the street, and hence why I gave them ample space, I'd estimate at least eight metres, waiting for them to pass," Ms Smith said.

"Remi was on lead and those dogs were on lead and they pulled away.

"I tried to call my partner about a minute in when I realised that we were not getting this dog off. I didn't know what else to do other than try to get manpower because it just locked on.

"I picked Remi up and tried to run away and then the dog jumped up and grabbed her leg and pulled her back down. I don't really remember much after that.

"I was very lucky there was a hose and very lucky that I didn't get bitten. I knew not to put hands in, even though every instinct was telling me to pull the dog off Remi."

Ms Smith revealed the offending dog, which was on a trial to be rehomed through a Victorian organisation, had been euthanised and the owner and rescue group covered most of her vet bill, but she was still "a couple of hundred dollars" out of pocket.

Rescue groups are not currently regulated under Victorian laws. However, the Victorian government is undertaking a review of the scientific research that informs cat and dog behaviour assessments.

This review will seek advice from various experts in animal welfare and animal behaviour, as well pounds, shelters and community rehoming organisations.

"As far as I'm concerned, this dog should never have been on trial to be rehomed into our community," Ms Smith said.

"Remi was actually a rescue, so I have nothing against rescues, but unfortunately for some, it is better and safer for the community for them not to be rehomed. Euthanising is not nice, but also it's painless on that dog versus the potential damage it could do to someone else.

"My other big message is don't walk a dog that you can't control.

"There's obviously lots of people out there that will have their say about rescues and think they're wonderful, which they can be, but also I think there might be some issues if they don't have to be accountable to anybody."

Under the Victorian Domestic Animals Act 1994 (DA Act), if a dog attack (attack, bite or rush) happens within Victoria, the liability lies with both the person in apparent control of the dog and the owner of the dog.

This applies regardless if the dog was adopted from a rescue or is still in foster care.

If the dog is a declared a dangerous dog, the seller must provide this information in writing to the new owner. A restricted breed dog must not be sold or have ownership transferred unless an exemption applies.

"Under the code of practice for the management of dogs and cats in shelters and pounds, animals sold by registered shelters or pounds must not be made available for sale if they are aggressive, anti-social or have known vices," an Animal Welfare Victoria spokesperson said.

"It is the responsibility of the proprietor of the business to have a health management plan in place to assess each animal before sale."

Under the Act, councils may investigate an attack and the owner of an offending dog can be taken to court. The dog may be seized for the duration of the investigation and later euthanised depending on the severity of the harm caused.

Councils have further powers to declare a dog dangerous if it has caused serious injury to an animal or person.

Dangerous and menacing dogs are recorded on a statewide database known as the Victorian Declared Dog Register.

Owners of declared dogs must follow strict housing requirements and keep their dogs leashed and muzzled at all times when walking in public with the intent to avoid, or at least reduce, dog attacks in the community, regardless of the breed.

Albury Council team leader education and compliance Andrew Hill said the council worked closely with all parties affected by dog attacks in a public place, but was not responsible for any civil liability or claims made between parties involved in such incidents.

"Council's responsibility in regards to a dog attack in a public place is to carry out investigations, facilitate positive outcomes or take enforcement action, where justified," he said.

"In considering enforcement action, we may take into account remorse or reparations made by the owner of the attacking dog to the victim.

"With a view to reducing dog attacks, we actively provide education programs on responsible pet ownership."

Ms Smith said Albury Council was helpful in the immediate hours and days after the attack and supported her asking for reimbursement from the relevant parties.

"It is just a shame that councils have no jurisdiction over any Victorian-based rescue groups for following up on rehoming processes and what rescue groups do before releasing animals into our community," she said.

"I've spoken to both Albury and Wodonga councils and they have been happy to chat to me about the incident, which I appreciate. However, it is clear they cannot do any further follow up about the attack and why this dog was in our community in the first place."

Ms Smith said a friend who is an animal behaviouralist has told her pulling an attacking dog's hind leg or sticking something in its bottom can help stop it, but admitted she was overwhelmed in the heat of the moment.

"I had Remi in front of me the whole time and I didn't want to leave her, but I had to at one point because the other dog got loose," she said.

"I was holding the other one so Remi didn't have two dogs attacking her."

Ms Smith said Remi had recovered well from the attack, but she was now only willing to walk her with her partner and planned to carry citronella spray to deter other dogs if she found herself in that situation again.

"We haven't come across a dog that was a similar kind of look or build yet because I reckon that's where she might be a bit scared," she said.

"She's been pretty good on the lead and pretty much back to herself, which is nice. I thought she would be super depressed and anxious, but she has been enjoying life.

"You hear of dog attacks and they can be pretty vicious, but now that I've experienced one I wouldn't wish it on my worst enemy."

The incident follows a dog attack at Wodonga's Willow Park on January 28, where a Wodonga resident was forced to fight off three large dogs that set upon her West Highland white terrier.

Her dog sustained serious lacerations and internal wounds and needed surgery.