Australian Capital Territory Current Acts

DOMESTIC ANIMALS ACT 2000 - SECT 55

    (1)     This section applies if—

        (a)     a dog attacks or harasses a person and the person suffers personal injury or property damage because of the attack or harassment; or

        (b)     a dog attacks or harasses an animal and the animal dies or is injured because of the attack or harassment.

    (2)     The keeper of the dog is liable to pay to the person, or the owner of the animal, compensation for any loss or expense because of the attack or harassment.

    (3)     Compensation may be recovered—

        (a)     whether or not a prosecution for an offence against this Act has been brought against the keeper of the dog in relation to the attack or harassment; and

        (b)     if a prosecution for an offence against this Act has been brought against the keeper—even if the keeper has been acquitted of the offence.

    (4)     In a proceeding for compensation under this section for loss or expense by a person (the plaintiff ) for personal injury or property damage, it is a defence for the defendant to prove that—

        (a)     the attack or harassment happened to the plaintiff while the plaintiff was, without reasonable excuse, on premises occupied by the defendant; or

        (b)     the plaintiff failed to take reasonable care for their own safety; or

        (c)     the plaintiff provoked the dog.

    (5)     In a proceeding for compensation under this section for the death or injury of an animal, it is a defence for the defendant to prove that the attack or harassment happened to the animal while it was on premises occupied by the defendant or that the animal had provoked the dog.

    (6)     This section does not affect any right that a person has to recover damages or compensation apart from this section.