How a barking dog or noise complaint usually works
- A word with the neighbour. The NSW EPA notes that an owner may not realise the dog is bothering anyone, and will often be happy to sort it out.
- A complaint to the council. For dogs, this is usually a local council (in the ACT, the registrar under the Domestic Animals Act). Councils commonly ask for evidence, such as a diary or written statements from other neighbours.
- The council looks into it. It may contact the owner, visit, and consider the pattern in your diary.
- A notice or order, if the council is satisfied. What it is called, and how long it lasts, depends on the state (see below).
- Penalties, and sometimes a court. Breaching an order can bring a fine. Some steps go to a court or tribunal, also covered below.
What councils want in a barking dog diary
Every council has its own form, and the length differs. Mitchell Shire Council in Victoria asks for 14 consecutive days. Brisbane City Council sends its own diary after a complaint and asks for a minimum of 7 days in a row. Check what your council asks for. Most diaries ask for the same things, and this tool records all of them:
- The date, and the time each episode started and stopped.
- What the noise was (barking, howling, music, a party, machinery).
- How it affected you (woke you, stopped you working, upset the children).
- A short factual note. Councils may weigh entries made at the time more heavily than ones written later.
- Days with no noise. They show a pattern, and the printout lists them as no episodes recorded.
What happens after a complaint: notices, orders and courts
The council, not the person complaining, decides whether to act. If it is satisfied the noise is a nuisance, it usually issues the owner a notice or order requiring them to stop it. What that is called, and how long it lasts, depends on the state. In NSW it is a nuisance dog order that lasts 6 months. In Victoria it can be a notice to comply or an infringement notice. Breaching an order can bring a fine.
Courts and tribunals come in at particular points. In NSW a neighbour affected by other noise can apply to the Local Court for a noise abatement order. In Victoria a residential noise improvement notice can be reviewed by VCAT, and a court that finds a nuisance dog offence proved can order the owner to abate it. The by-state summaries below give the sections.
Barking dog complaints by state
Summaries of what each Act says, with links to the section text. They are general information and do not say how the law applies to your situation. Law checked 29 September 2026.
New South Wales: barking dog complaint and neighbour noise
Barking and nuisance dogs
- A dog is a nuisance if its noise, by barking or otherwise, persistently occurs or continues to such a degree or extent that it unreasonably interferes with the peace, comfort or convenience of a person in other premises. (Companion Animals Act 1998 (NSW) s 32A(1)(b))
- An authorised officer of a council who is satisfied a dog is a nuisance can issue the owner a nuisance dog order requiring them to prevent the behaviour. Before that, the officer must give the owner notice, and the owner has 7 days to object in writing. The officer must consider any objection. (s 32A(2); s 32B)
- An order stays in force for 6 months. The owner must comply with it, with a maximum penalty of 8 penalty units for a first offence and 15 for a second or later offence. The order is final and not subject to appeal or review. (s 32A(4), (5) and (7))
Other neighbour noise (music, parties)
- Offensive noise is noise that, because of its level, nature, character, quality or the time it is made, harms or is likely to harm a person outside the premises, or unreasonably interferes with or is likely to unreasonably interfere with their comfort or repose. (Protection of the Environment Operations Act 1997 (NSW), Schedule 6 (Dictionary))
- For most household noise, the local council is the appropriate regulatory authority for its area. (POEO Act s 6(2))
- If offensive noise is being made, or was made in the past 10 days, an authorised officer or a police officer can direct the occupier, or anyone making the noise, to stop. A person who was given a direction must not make offensive noise from the premises within 40 days (or a shorter period the direction states), with a maximum penalty of 30 penalty units. (POEO Act s 275; s 276; s 277)
- An occupier affected by offensive noise can apply to the Local Court for a noise abatement order. The court can order the neighbour to abate the noise, or prevent it from happening again, if it is satisfied on the balance of probabilities that the noise exists or is likely to recur. Breaching an order carries a maximum penalty of 30 penalty units. (POEO Act s 268; s 269)
Who to contact
- Your local council (rangers or animal management). Barking, howling and other dog noise. Councils issue nuisance dog orders and can ask for a diary first.
- Police Assistance Line, 131 444. A noisy party or loud music that is happening now. Call 000 if anyone is in danger.
- The Local Court. Applying yourself for a noise abatement order. Court registry staff can explain the process but cannot give legal advice.
Victoria: barking dog complaint and neighbour noise
Barking and nuisance dogs
- The occupier of premises where a dog is kept must not allow it to be a nuisance. A dog is a nuisance if it creates 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 a person in other premises. (Domestic Animals Act 1994 (Vic) s 32(1) and (2)(b))
- If someone is found guilty, the court may order them to take action to abate the nuisance, and they must comply with that order. (s 32(3) and (4))
- A council authorised officer who believes an offence against the Act has been committed can issue a notice to comply, and council authorised officers can serve infringement notices for offences against s 32(1) and s 32(4). (s 76A; s 85)
Other neighbour noise (music, parties)
- It is an offence to emit, or permit, an unreasonable noise from residential premises. (Environment Protection Act 2017 (Vic) s 167(1))
- Noise from a prescribed item used at a prohibited time is treated as unreasonable if it can be heard in a habitable room of another residence, even with the window closed. For a musical instrument or amplified sound equipment (stereo, radio, television, public address system) the prohibited times are: Monday to Thursday before 7 am and after 10 pm; Friday before 7 am and after 11 pm; Saturday and public holidays before 9 am and after 11 pm; Sunday before 9 am and after 10 pm. (Environment Protection Act 2017 s 167(2) and (3); Environment Protection Regulations 2021 (Vic) reg 114)
- A council can issue a residential noise improvement notice requiring a person to abate the noise, and the notice must state that the person can apply to VCAT for review. A police officer or a council residential noise enforcement officer can give a direction to stop a suspected offence, which stays in force for up to 72 hours. (Environment Protection Act 2017 s 172; s 175)
Who to contact
- Your local council (local laws or animal management team). Barking dogs and residential noise improvement notices. Councils can ask for a diary first.
- Police Assistance Line, 131 444. A noisy party or loud music that is happening now. Call 000 if anyone is in danger.
Queensland: barking dog complaint and neighbour noise
Barking and nuisance dogs
- Queensland's state dog law does not stop a council local law from imposing requirements on dogs generally, so barking is mostly dealt with by each council's own local law. The rules, and what evidence the council wants, differ from council to council. (Animal Management (Cats and Dogs) Act 2008 (Qld) s 6)
- Brisbane is one example. Its local law says a person must not keep an animal on land if the animal causes a noise nuisance, meaning noise that disrupts activities at adjoining land or nearby residential premises. An authorised person may consider, among other things, whether the noise runs for more than a total of 6 minutes in any hour from 7 am to 10 pm, or more than a total of 3 minutes in any 30-minute period after 10 pm or before 7 am. The maximum penalty is 20 penalty units. Brisbane sends complainants its own diary, to be filled in if the problem is not resolved within 14 days, covering a minimum of 7 days in a row. (Brisbane City Council Animals Local Law 2017 s 20)
Other neighbour noise (music, parties)
- The Environmental Protection Act 1994 treats unreasonable interference with an environmental value caused by noise as an environmental nuisance, and it is an offence to unlawfully cause one. That offence does not apply to nuisance caused by contravening a local law, or to noise covered by the police noise powers in the Police Powers and Responsibilities Act 2000 chapter 19 part 3. (Environmental Protection Act 1994 (Qld) s 15; s 440; schedule 1 s 3)
- A council can also prescribe its own noise standards in a local law. (Environmental Protection Act 1994 s 440O)
Who to contact
- Your local council (animal management or local laws). Barking dogs and other animal noise. Many councils send their own diary form after a first complaint.
- Policelink, 131 444. A noisy party or loud music that is happening now. Call 000 if anyone is in danger.
Western Australia: barking dog complaint and neighbour noise
Barking and nuisance dogs
- A dog is a nuisance if it 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 a person in any place, or if it exceeds a prescribed noise level or number of occurrences. (Dog Act 1976 (WA) s 38(1))
- A person can lodge a complaint, in the prescribed form, with an authorised person. If the authorised person is satisfied the dog is a nuisance, they can issue an order to the person in control of the dog to prevent the behaviour. An order has effect for 6 months, and breaching it carries a fine of up to $5,000 for a dog that is not a dangerous dog. (s 38(2) to (5))
Who to contact
- Your local council (ranger services). Lodging a nuisance dog complaint. The Act calls for a prescribed complaint form, which your local government can supply.
- Police Assistance Line, 131 444. A disturbance or noisy party that is happening now. Call 000 if anyone is in danger.
South Australia: barking dog complaint and neighbour noise
This page does not summarise the dog or noise law for this state yet. Your council can tell you what its process is, and what evidence it needs.
Who to contact
- Your local council. Barking dogs. Ask the council what evidence it needs. The SA Law Handbook has a plain-English page on barking dogs.
- Police Assistance Line, 131 444. A noisy party or loud music that is happening now. Call 000 if anyone is in danger.
Tasmania: barking dog complaint and neighbour noise
Barking and nuisance dogs
- The owner or person in charge of a dog must not permit it to be a nuisance. A dog is a nuisance if it creates a noise, by barking or otherwise, that persistently occurs or continues to such an extent that it unreasonably interferes with the peace, comfort or convenience of a person in any premises or public place. (Dog Control Act 2000 (Tas) s 46(1) and (3)(b))
Who to contact
- Your local council. Barking dogs. Ask the council what evidence it needs.
- Your local police station. A noisy party or loud music that is happening now. Call 000 if anyone is in danger.
Australian Capital Territory: barking dog complaint and neighbour noise
Barking and nuisance dogs
- An animal causes an animal nuisance if it causes, alone or with others, excessive disturbance to a person other than its keeper because of noise. A person must not allow an animal nuisance. (Domestic Animals Act 2000 (ACT) s 109; s 110)
- A person affected can complain in writing to the registrar. The registrar may investigate, and if they reasonably believe an animal is causing a nuisance they may issue a written nuisance notice to the keeper. In deciding, they must consider factors such as the number of people affected, and the precautions taken by both the keeper and the person affected. A copy of the notice goes to the person who complained. (s 111; s 112)
Who to contact
- The registrar under the Domestic Animals Act (Domestic Animal Services). A written complaint about a barking dog.
- Police Assistance Line, 131 444. A noisy party or loud music that is happening now. Call 000 if anyone is in danger.
Northern Territory: barking dog complaint and neighbour noise
This page does not summarise the dog or noise law for this state yet. Your council can tell you what its process is, and what evidence it needs.
Who to contact
- Your local council. Barking dogs. Ask the council what evidence it needs.
- Your local police station. A noisy party or loud music that is happening now. Call 000 if anyone is in danger.
Recording audio: what the surveillance laws say
Record the noise, not people. Point the phone at the noise, keep clips short, and don't record anyone talking. If a clip catches a conversation, delete it. Every state and territory has a law about recording private conversations. A dog barking is not a conversation, but a clip can also pick up people talking nearby, on the street or through a fence.
- New South Wales: A person must not knowingly use a listening device to overhear, record, monitor or listen to a private conversation, whether or not they are part of it, unless an exception applies (for example, the people in the conversation consent). The maximum penalty for an individual is 100 penalty units or 5 years imprisonment, or both. (Surveillance Devices Act 2007 (NSW) s 7)
- Victoria: A person must not knowingly use a listening device to overhear, record, monitor or listen to a private conversation they are not part of, without the express or implied consent of each party. The maximum penalty for an individual is 2 years imprisonment or 240 penalty units, or both. (Surveillance Devices Act 1999 (Vic) s 6)
- Queensland: Using a listening device to overhear, record, monitor or listen to a private conversation is an offence, except where the person using the device is a party to the conversation. The maximum penalty is 40 penalty units or 2 years imprisonment. (Invasion of Privacy Act 1971 (Qld) s 43)
- Western Australia: A person must not use a listening device to record, monitor or listen to a private conversation they are not part of, or to record a private conversation they are part of, subject to exceptions. The maximum penalty for an individual is $5,000 or 12 months imprisonment, or both. (Surveillance Devices Act 1998 (WA) s 5)
- South Australia: A person must not knowingly use a listening device to overhear, record, monitor or listen to a private conversation they are not part of, or to record one they are part of, subject to exceptions (including consent of all principal parties). The maximum penalty for a natural person is $15,000 or 3 years imprisonment. (Surveillance Devices Act 2016 (SA) s 4)
- Tasmania: A person must not use a listening device to record or listen to a private conversation they are not part of, or to record a private conversation they are part of, subject to exceptions. (Listening Devices Act 1991 (Tas) s 5)
- Australian Capital Territory: A person must not use a listening device with the intention of listening to or recording a private conversation they are not part of, or recording one they are part of, subject to exceptions. The maximum penalty is 50 penalty units. (Listening Devices Act 1992 (ACT) s 4)
- Northern Territory: A person must not knowingly install, use or maintain a listening device to listen to, monitor or record a private conversation they are not part of, without the express or implied consent of each party. (Surveillance Devices Act 2007 (NT) s 11)
Whether a particular recording is lawful depends on the facts, including who was speaking and what they could reasonably expect. A community legal centre or lawyer can advise on your situation.
Questions about barking dog diaries
- How many days does a barking dog diary need to cover?
- It depends on the council. Mitchell Shire Council in Victoria asks for a diary kept for 14 consecutive days before a complaint. Brisbane City Council sends its own diary after a complaint, asks residents to fill it in if the problem is not resolved within 14 days, and asks for a minimum of 7 days in a row. The City of Darwin gives residents a barking diary to fill in for the next seven days. Check what your council asks for. This diary shows your progress toward 14 days and prints every day you have covered.
- Can a noise diary be used as evidence?
- Councils treat a diary as evidence. The NSW EPA says a council may ask for evidence such as a diary of when the noise occurs, and Mitchell Shire Council says its diary may be used as evidence in court. A diary is one piece of evidence, and the council decides whether it is enough.
- Who do I complain to about a neighbour's barking dog?
- Usually your local council, which enforces the state dog law or its own local law. Police are the usual contact for a noisy party or loud music happening now.
- What can a council do about a barking dog?
- It depends on the state. In NSW an authorised council officer can issue a nuisance dog order that lasts 6 months. In Victoria a council authorised officer can issue a notice to comply or an infringement notice. In Western Australia an authorised person can issue an order lasting 6 months. In the ACT the registrar can issue a nuisance notice. In Queensland it depends on the council's local law.
- Is my diary or recording uploaded anywhere?
- Not unless you create a free account. You can log entries without one, and they are saved only in your own browser on this device. Printing or saving your diary needs a free account, and when you create it the entries on this device are saved to it. Audio clips are only uploaded if you are signed in. Clearing your browser data, or using the Delete everything button, removes them.
Sources
- Companion Animals Act 1998 (NSW) ss 32A, 32B (Act text, Zoe legislation database)
- Protection of the Environment Operations Act 1997 (NSW) ss 6, 268, 269, 275 to 277 and Schedule 6 (Act text, Zoe legislation database)
- NSW EPA: Dealing with barking dogs (updated 30 May 2025) (Official NSW government page)
- Domestic Animals Act 1994 (Vic) ss 32, 76A, 85 (Act text, Zoe legislation database)
- Environment Protection Act 2017 (Vic) ss 167, 172, 175 and Environment Protection Regulations 2021 (Vic) reg 114 (Act and regulation text, Zoe legislation database)
- Animal Management (Cats and Dogs) Act 2008 (Qld) s 6 (Act text, Zoe legislation database)
- Environmental Protection Act 1994 (Qld) ss 15, 440, 440O and schedule 1 (Act text, Zoe legislation database)
- Brisbane City Council Animals Local Law 2017 s 20, and Brisbane City Council: Animal noise complaints (Local law text (council PDF) and council web page)
- Dog Act 1976 (WA) s 38 (official version as at 28 November 2024) (Official version on legislation.wa.gov.au)
- Dog Control Act 2000 (Tas) s 46 (Act text, Zoe legislation database)
- Domestic Animals Act 2000 (ACT) ss 109 to 112 (Act text, Zoe legislation database)
- Surveillance Devices Act 2007 (NSW) s 7; Surveillance Devices Act 1999 (Vic) s 6; Invasion of Privacy Act 1971 (Qld) s 43; Surveillance Devices Act 1998 (WA) s 5; Surveillance Devices Act 2016 (SA) s 4; Listening Devices Act 1991 (Tas) s 5; Listening Devices Act 1992 (ACT) s 4; Surveillance Devices Act 2007 (NT) s 11 (Act text, Zoe legislation database (WA and SA from the ingested full Act text))
- City of Darwin: Nuisance barking (Council web page (via search result))
- Glenorchy City Council (Tas): Noisy dogs (Council web page (via search result))
- SA Law Handbook: Barking dogs (Legal Services Commission of SA, plain-English summary)
- Mitchell Shire Council: Barking dog complaints (Council web page, as quoted in the request that commissioned this tool)
This is legal information, not legal advice. It explains how the law generally works and does not say what will happen in your case. For advice about your situation, a community legal centre or a lawyer can help. Have a question about your own situation? Ask Zoe.