Details of the Assessment of Barking Dog Complaints REQ2018-003619 ans REQ2019-025594

The request was partially successful.

Dear Inner West Council,

I refer to your letter dated 111 April 2019 which provided Councils Companion Animal Services Investigation Determination in response to Barking Dog Complaint against 11B Ainsworth Street, Lilyfield, NSW, 2040, Council's References REQ2018-003619 and REQ2019-025594.

In it's letter council has stated that "the evidence currently submitted is not sufficient for Council to determine that a breach under Section 32A of the Companion Animals Act 1998 has occurred". Council has further stated in it's letter that the "evidence highlighted noise from a dog was occurring, but the degree and extent of the noise was not of an amount which fell within "Nuisance" behavior as outlined in the legislation."

Council then repeats Section 32A Nuisance dogs as follows:
"(1) For the purposes of this section, a dog is a nuisance dog if the dog:
(b) makes a noise, by barking or otherwise, that persistently occurs or continues to such a degree or extent that it unreasonably interferes with the peace, comfort or convenience of any person in any other premises, or".

I note that in its letter council underlined "persistently occurs" from Section 32A.

My request under the Freedom of Information Act is twofold as follows:

1. That council provide detailed records of its assessment that the records provided for the barking dog did not demonstrate that the barking was persistently occurring; and

2. That council provide detailed records of its assessment that the records provided for the barking dog did not demonstrate that the barking was to such a degree or extent that it unreasonably interferes with the peace, comfort or convenience of any person in any other premises. In particular I request that council provide details of the methodology and criteria it utilises to determine if noise from a dog unreasonably interferes with the peace comfort or convenience of any person in any other premises. I note that Section 32A does not require the noise, by barking or otherwise, to persistently occur, only that it continues to such a degree or extent that it unreasonably interferes with the peace, comfort or convenience of any person in any other premises.

Inner West Council

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Inner West Council |
Inner West Council

P:  | E: inner.west.[Inner West Council request email]

Ashfield Service Centre: 260 Liverpool Road, Ashfield NSW 2131

Leichhardt Service Centre: 7-15 Wetherill Street, Leichhardt NSW 2040

Petersham Service Centre: 2-14 Fisher Street, Petersham NSW 2049
PO Box 14, Petersham NSW 2049

[2]Inner West Council
[3]Inner West Council on Facebook[4]Inner West Council on Twitter[5]Inner
West Council on Instagram[6]Inner West Council on YouTube
   

Council acknowledges the Traditional Custodians of these lands, the
Gadigal-Wangal people of the Eora Nation.

 

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No Reply Inner West Council, Inner West Council

2 Attachments

 

 

 

 

 

Mr G Wood Our Reference: REQ2019-071783

[FOI #5622 email] Date of Issue: 13/09/2019

     

 

Dear Mr G Wood,

 

Thank you for your request regarding Access to Information (GIPA) at 11
Ainsworth Street LILYFIELD  NEW SOUTH WALES  2040 received on 13/09/2019.

Your request number is REQ2019-071783.

Your request has been forwarded to the relevant Council area and will be
responded to within the next 20 working days.

Your Tracking Id is REQ2019-071783.DUB - [1]Track your request here

If you have any further enquiries regarding this request, please contact
us:

Online at:  www.innerwest.nsw.gov.au

By email: [email address]

By phone: 02 9392 5000

Please quote the request number above in any communication.

Save time. Log it online

 

Log your next request online; anytime, anywhere, from any device. Simply
go to [2]www.innerwest.nsw.gov.au/request

 

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within Council for a faster resolution.

 

Yours faithfully

 

Inner West Council

 

 

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Craig Hollands, Inner West Council

7 Attachments

Dear Mr Wood,

 

Thank you for your communication responding to Council’s Companion Animal
Service Investigation Determination letter of April this year. 

 

Your request for information under the Freedom of Information Act is not a
valid request for access to information under NSW legislation.  I have
interpreted the request in the context of your correspondence as being a
continuation of the exchange of communication between you and Council’s
Companion Animal Services on the matter of the barking dog at 11B
Ainsworth Street, Lilyfield complaint.  The request ostensibly asks that
Council demonstrate how it arrived at the determination it did in respect
to Section 32A of the Companion Animals Act 1998. 

 

I have forwarded your communication to the Team Leader of Companion Animal
Services for appropriate action and response. 

 

Kind regards,

 

Craig.

 

 

Craig Hollands | Information Access Officer
Inner West Council

P: +61 2 9392 5860 | E: [email address]

Ashfield Service Centre: 260 Liverpool Road, Ashfield NSW 2131

Leichhardt Service Centre: 7-15 Wetherill Street, Leichhardt NSW 2040

Petersham Service Centre: 2-14 Fisher Street, Petersham NSW 2049
PO Box 14, Petersham NSW 2049

[1]Inner West Council
[2]Inner West Council on Facebook[3]Inner West Council on Twitter[4]Inner
West Council on Instagram[5]Inner West Council on YouTube
   

Council acknowledges the Traditional Custodians of these lands, the
Gadigal-Wangal people of the Eora Nation.

 

________________________________________________________________________
This email has been scanned by Symantec Email Security cloud service on
behalf of Inner West Council.
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References

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No Reply Inner West Council, Inner West Council

2 Attachments

 

 

 

 

 

Mr G Wood Our Reference: REQ2019-071783

[FOI #5622 email] Date of Issue: 16/09/2019

     

 

 

 

Dear Mr G Wood,

Thank you for your request REQ2019-071783 regarding Access to Information
(GIPA) at 11 Ainsworth Street LILYFIELD  NEW SOUTH WALES  2040 received
on 13/09/2019.

Your request was actioned by Council on 16/09/2019. The outcome of your
request is:

The information access request has been assessed as further communication
in regard to a complaint, an appropriate response emailed separately.

If you have any further enquiries regarding this request, please contact
us:

Online at:  www.innerwest.nsw.gov.au

By email: [email address]

By phone: 02 9392 5000

Please quote the request number above in any communication.

Save time. Log it online

 

Log your next request online; anytime, anywhere, from any device. Simply
go to [1]www.innerwest.nsw.gov.au/request

 

Requests logged online are automatically directed to the relevant area
within Council for a faster resolution.

 

Yours faithfully

 

Inner West Council

 

 

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