1. Pursuant to s 124(1) of the Victorian Civil and Administrative Tribunal Act 1998 (Vic), the Tribunal declares that the Standard for Restricted Breed Dogs in Victoria approved pursuant to section 3(3) and section 3(4) of the Domestic Animals Act 1994 (Vic), published in the Victoria Government Gazette No. S 22 on Friday 31 January 2014, applies to the rehearing of the application.

1. The Minister for Agriculture and Food Security is granted leave to intervene under section 73(3) of the Victorian Civil and Administrative Tribunal Act 1998 (Vic), for the purpose of making written and oral submissions to the Tribunal as to the applicability to this proceeding of the new Standard for Restricted Breed Dogs in Victoria published in the Victorian Government Gazette No S 22 on Friday on 31 January 2014.
2. The applicant and respondent file and serve any witness statements and expert witness reports upon which they intend to rely upon on or before 4:00pm on 2 April 2014.
3. This matter is listed for hearing at 10:30am on 12 May 2014 at 55 King Street, Melbourne VIC 3000, before the President for 2 days. A third day is to be allowed for the purpose of conducting an on-site inspection.
4. Costs reserved.

1. Ms Jessica Gray, the applicant (Ms Gray) is the owner of an unregistered dog known as 'Mylo'. On 17 May 2012, an authorised officer of Brimbank City Council ('the Council') declared Mylo to be a restricted breed dog under s 98A(1) of the Domestic Animals Act 1994 (Vic) ('the Act'). The declaration of the authorised officer was affirmed by the Tribunal.[1] On 6 February 2014, the decision of the Tribunal was set aside by Rush J and the matter remitted to VCAT for rehearing.[2]
2. This proceeding raises the same issue as arose in Applebee v Monash City Council,[3] namely whether the Standard for Restricted Breed Dogs in Victoria ('the New Standard') approved pursuant to section 3(3) and 3(4) of the Act and published in the Victoria Government Gazette No. S 22 on Friday 31 January 2014, applies to the rehearing of the application.
3. I am of the opinion that the New Standard does apply to the rehearing by the Tribunal for the same reasons as are fully set out in Applebee v Monash CC.[4]
4. I will make a declaration to this effect and give directions for the conduct of the rehearing.

[1] Gray v Brimbank City Council (Unreported, VCAT, Senior Member Davis, 20 August 2013).

[2] Gray v Brimbank City Council [2014] VSC 13.

[3] [2014] VCAT 257.