Lawlink NSW: Report 52 (1988) - Community Law Reform Program: Tenth Report

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Report 52 (1988) - Community Law Reform Program: Tenth Report - Liability for Injuries Caused by Dogs

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History of this Reference (Digest)

Table of Contents

Terms of Reference
Participants
Summary of Principal Recommendations

1. THE COMMUNITY LAW REFORM PROGRAM AND THIS REFERENCE
I. Introduction
II. Background to the Reference

A. Survey of Census Collectors’ Experience

B. Traffic Authority of New South Wales

C. Australia Post

D. Insurance Industry

E. Police Department

F. Metropolitan Water Sewerage and Drainage Board

G. Sydney County Council

H. Sheriff’s Office

I. Local Government and Shires Associations Questionnaire

1. Complaints Received by Councils

2. Cost of Control

3. Number of Dogs Involved

4. Problems of Enforcement

J. Summary

III. The Reference
IV. Policy Considerations
V. Acknowledgements
Footnotes

2. THE HISTORY OF THE LAW RELATING TO DOGS
I. Common Law

A. Introduction

B. The Scienter Principle

C. Negligence

D. Nuisance

1. Public Nuisance

2. Private Nuisance

E. Trespass

II. Statute Law

A. Prior to the Dog Act 1966

B. Dog Act 1966

C. Dog (Amendment) Act 1977

D. Dog (Amendment) Act 1981

Footnotes

3. THE CURRENT LAW IN NEW SOUTH WALES
I. Introduction
II. Abolition of Scienter Action
III. Duty to Contain and Control

A. Registration of Dogs

B. Containment on Private Land

C. Control in Public

IV. Liability for Behaviour on Public Land

A. Offence of Attacking or Causing Injury

B. Civil Liability Imposed by Statute

C. Civil Liability at Common Law

V. Liability for Behaviour on the Land of Others

A. Dog Act 1966

B. Trespass

VI. Liability for Behaviour on Owner’s Property

A. Dog Act 1966

B. Common Law

VII. Inadequacies in the Law

A. Duty to Contain and Control

B. Behaviour on Public Land

1. Criminal Liability

2. Civil Liability

C. Behaviour on Land of Others

D. Behaviour on Owner’s Land

Footnotes

4. PROPOSALS FOR REFORM
I. Two Major Areas of Complaint
II. Injury and Damage Occurring on the Owner’s Property

A. Balancing the Interests

B. The “Right” to Have a Watchdog

C. Rights of Entry

D. Entrants as of Right and Other Lawful Entrants

E. Right of Self-Defence

F. No Guidance as to Balance

III. Savage and Repeated Attacks
IV. Defining Private Property
V. Liability on Public Land

A. The Issue of Strict Liability

B. Regulation of Dogs in Public

C. On-the-Spot Infringement Notices

D. Injury and Damage Caused on Public Property

1. Criminal Liability

2. Civil Liability

3. Defences to Strict Liability

VI. Injury and Damage Occurring on the Land of Others
Footnotes

5. CONCLUSIONS AND RECOMMENDATIONS

A. Introduction

B. Definition of Owner, ss4 and 5

C. Definition of Private Property

D. Criminal Liability for Attacks

E. Control of Dogs on Public Land, ss7-10

F. Seizure, Impounding and Destruction, ss10 and 11

G. Destruction of Dogs, ss12, 13, 18 and 19

H. Registration of Dogs, ss14-17 and 21

I. Guide Dogs, s17A

J. Statutory Civil Liability for Injury, Damage and Death, ss20-20C

K. Civil Liability on the Owner’s Land

L. General Control

Footnotes

Appendix A: Draft Legislation

Appendix B: Submissions Received

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