Right: A cartoon from John Harvey at http://www.johndharvey.com illustrates an argument often put forward by those opposed - and some who support - the ownership of pit bulls.
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Arguments against Victoria's new dangerous dog laws
1. The new laws are an over-reaction
There are those who consider the new laws an over-reaction. It has been suggested that the awful circumstances of the four-year-old's death have provoked a knee-jerk reaction which has not taken into account the likelihood of such an incident occurring again.
A commentator responding to an Age news report on August 30, 2011, of the proposed new laws stated, 'Even though people's anger about this horrible last incident is understandable and justified, I see the introduction of such severe laws as highly problematic and an overreaction. Such unfortunate and tragic cases are extremely rare and do not justify the wholesale response that has been taken.
What is the probability it will happen again? Rational risk assessment is gone down the gurgler once more.'
It has been claimed that there is no Australian evidence to justify the type of approach being adopted by the Victorian government.
Monash University statistician, Linda Watson, has been collating figures from the states and territories for a PhD thesis on the effectiveness of regulation in preventing dog attacks.
Ms Watson has counted at least 33 dog attack deaths in Australia since 1979, but apart from the dog that killed Ayen Chol, only one other culprit been described as a pit bull cross.
In Victoria, between 1979 and 2010 there were 10 deaths from injuries inflicted by dogs, according to the Coroners Prevention Unit. Information relating to the age of the victims is only available for the period 1997-2008 when five deaths occurred - all involving children under the age of 12. While no information is available from the coroner on the breeds involved in any of the deaths, according to the Department of Primary Industries the last three cases of human deaths after dog attacks have involved two rottweilers and a part dingo.
2. The new laws target dog breeds or types rather than irresponsible owners
The Mildura Rural City Council local laws co-ordinator, Sjaakie Adriaans, has stated that he believes more attention should be placed on responsible ownership rather than dog breeds themselves.
Mr Adriaans stated, 'Blaming the breed is incorrect. Blaming the owner is more correct.'
Mildura veterinarian, Dr Ian Japp, has also stated that restricting a specific dog breed is not necessarily the solution to the problem of dangerous and aggressive dogs.
Dr Japp stated, 'I have my concerns that they're targeting one breed...
Breeds that we recognise as potentially dangerous certainly include the Pitbull, but many other breeds also have the potential to cause some form of injury. Targeting Pit bulls and crosses - I think is part of the solution but by no means is it going to be the only solution.
Going to puppy classes, managing your dog's behaviour, ruling out any problems in the early stages - it's all about responsible pet ownership.'
Linda Watson, president of the Endangered Dog Breeds Association of Australia, has stated, 'In recent years, legislators in Australia have focused on particular breeds, despite there being no evidence in the literature to support the notion that restricting particular breeds helps reduce dog attacks.
Experience and research shows that all dog attacks can be traced back to failure by the owner to properly train and socialise the dog, and to owner ignorance, neglect, abuse and sometimes failure to enforce existing dog management laws.'
American Pit Bull Terrier Association of Australia president, Colin Muir, has claimed the legislation was misguided. He said it unfairly focused on the look of a dog, not those that actually presented a danger to the community.
Mr Muir has stated, 'This is canine genocide that is all it is. Since restrictions were imposed on pit bulls in 2005 there has been no reduction in overall dog attacks.'
3. There is no way of conclusively identifying a 'pit bull cross' using visual checks
It has been claimed that, even with the benefit of the visual identification material being supplied by the state government, accurately identifying the breed of a dog is very difficult.
The Mildura Rural City Council local laws co-ordinator, Sjaakie Adriaans, has noted that the tragic attack in Melbourne in August sparked a significant increase in reports of dangerous dogs in Sunraysia in the days after the incident. However, Mr Adreiaans observed most of the dogs were inaccurately identified.
Mr Adreiaans stated, 'Nearly every caller said it was a Pitbull they'd seen, and in every case it wasn't.'
The president of the American Pit Bull Club of Australia, Colin Muir, has warned that the new laws will put at risk many dogs that only resemble pit bulls.
The president of the American Pit Bull Club of Australia, Colin Muir, told Fairfax radio the changes will take many dog owners by surprise, because breed will be determined by appearance.
Mr Muir has stated, 'That could be whole range of breeds - boxer, Labrador, Staffordshire, American Staffordshire, bull terrier - there's a whole range of breeds that just unfortunately happen to look like an American pit bull terrier and the owners of these dogs should be worried.
You know, we've seen some horrendous mistakes by councils already and this is going to broaden it out hugely and owners will have no recourse... if your dog meets that description, it's gone.'
4. The new laws punish rather than educate
There are those who have argued that the new Victorian dog control laws are too punitive in their emphasis and that it might be more effective to encourage dog owners to manage their animals well rather than fine or imprison them after they have not.
Maria Mercurio, the chief executive of RSPCA Victoria has indicated that she believes there should be incentives such as registration discounts for people who train and socialise their dogs.
Ms Mercurio stated, 'While legislation is important and we support the government in that, we would like to see an equal emphasis on educating our community so that we have good, responsible pet owners.'
It is so important to educate dog owners about their responsibility not only to their own family but to their community.
DOGS Victoria (Victorian Canine Association) is the peak body representing owners and breeders of purebred dogs in Victoria.
The organisation responded to the recent death of a child during a pit bull attack with the following statement, 'It is the belief of the organisation that the answer to put an end to dog-related incidents is education. Dog owners need to be educated as does every person who comes into contact with a dog.'
DOGS Victoria President, Peter Frost, stated, 'Every dog benefits from consistent and positive obedience training. Even small dogs can bite. However, the larger and stronger the dog, the more important it is for it to be well socialised.'
5. The new laws do not go far enough
Some critics have argued that the new laws do not go far enough and that it should be made more difficult for people to become dog owners.
It has been claimed that no more than it is possible for anyone to get behind the wheel of a car untrained, then it should not be possible to own a dog without first proving one's competence.
Hugh Wirth, President of RSPCA Victoria, has stated, 'We think the old British system of registering dogs should be abandoned in favour of registering people to own dogs.
Owning a dog is not a right, it's a privilege, and I would like to see the Government license people as competent to own dogs.
Those who want to own a dog should pass a multi-question test to prove they understand something about dogs.'
The National Dog Trainers Federation operations manager Brad Griggs has proposed a similar scheme.
Mr Griggs is promoting a radical policy recalculation that would see all dog owners required to take a certified course in responsible pet ownership, regardless of their breed. He also suggests requiring certain types of dog, such as pit bull terriers, to pass obedience and temperament tests every year.