Inquest into the death of Colin Neil Amatto

Contributing factors

• Prior vicious attack on another person by same dog (Boof) on 24 July 2017 did not result in dangerous or menacing dog declaration
• Regulatory regime failed to provide protection following first attack due to legal ambiguities regarding 'provocation' and 'reasonable defence of property'
• Lack of clear coordination and communication between NSW Police and Penrith City Council regarding dog attack investigation and enforcement
• Limited seizure powers and delays in dog owner assessment
• No mandatory muzzling or enclosure requirements imposed after first attack
• Inadequate breed identification accuracy (Staffordshire Bull Terrier vs American Staffordshire Terrier distinction)
• Dogs not declared dangerous or menacing despite evidence of severe aggression

Coroner's recommendations

1. OLG and NSW Commissioner of Police develop a model or overarching memorandum of understanding regarding coordination of responses to dog attack incidents including investigation, enforcement, and formalised roles and responsibilities
2. Minister and OLG develop a standardised training package for council rangers in NSW responding to dog attacks and dog escapes
3. Minister and OLG review and update functionality of Companion Animal Register to enable councils to readily access regulatory history of dog owners including penalty notices, court outcomes, and warnings
4. Minister and OLG consider amendment of s 16(2)(b) of the Companion Animals Act 1998 to delete the trespass exception affecting seizure powers
5. Minister and OLG consider amendment of s 18 of the Companion Animals Act 1998 to broaden scope for seizure of dogs during investigations
6. Minister and OLG examine appropriateness of statutory thresholds and framing of provisions in the Companion Animals Act for issuing notices to declare dogs menacing or dangerous, including definitions of 'provocation' and 'reasonable defence'
7. Minister and OLG examine possible amendment of the Companion Animals Act 1998 to include a standalone offence of dog attack causing serious harm or death to a person
8. Minister and OLG consider conferring upon police officers the power to make dangerous and menacing dog declarations
9. Minister and OLG examine amendment of the Companion Animals Act 1998 to empower authorised officers to direct owners to secure dogs with muzzles and/or leads for specified periods
10. Minister and OLG review appropriateness of rehoming provisions in the Companion Animals Act 1998 regarding dogs involved in serious or fatal attacks, particularly s 64B
11. Minister and OLG investigate and facilitate reasonable access to DNA testing in NSW to assist in breed identification of dogs
12. Minister and OLG develop and implement a Statewide public awareness and education campaign about risks posed by dogs and how to safely interact with them, including information about severity of injuries from muscular breeds, risk to infants/children, and unpredictability of attacks
13. Minister and OLG consider introducing a licensing requirement for dog ownership with particular licence conditions for specific breeds and mandatory owner education regarding safety and risk management
14. Minister and OLG examine adequacy of maximum penalties for offences under s 12A, 13, 14, 16 and 17 of the Companion Animals Act 1998
15. Minister and OLG review adequacy of penalties for non-compliance with registration and identification requirements
16. Penrith City Council continue to review standard operating procedures concerning responding to dog attack incidents and training provided to authorised officers
17. NSW Police Commissioner review NSW Police Force standard operating procedures and training regarding responses to suspected dog attacks, statutory powers under the Companion Animals Act 1998, and coordination with councils