What are the duties of a dog owner?
Dog owners must:
- register their dog [s 33]
- microchip their dog [s 42A]
- de-sex their dog [42E]
- keep their dog under effective control (generally this means on a leash no longer than 2 metres) [ss 8, 43]
- keep their dog from entering private property without consent [ss 7, 43]
- prevent their dog from wandering at large [s 43]
- keep their dog from attacking, harassing or chasing any person, or animal or bird owned by a person [s 44]
- immediately collect and dispose of their dog’s faeces from a public place [s 45A(6)] (expiation fee $210)
- keep their dog from persistent or extensive barking [s 45A(5)] (expiation fee $315)
- keep their dog from rushing at or chasing vehicles [s 45A(4)]
- keep their dog physically restrained (in an enclosure or tethered so it cannot fall or escape) when being transported in the open tray of a utility or similar vehicle [s 45(1)] (expiation fee $210);
- keep their dog (unless an assistance dog) from entering education facilities or shops without permission [s 45A(2) and (3)]
- ensure their dog wears a collar around its neck with the registration disc last issued to the dog, at all times when it is not confined to the owner's premises [see Dog and Cat Management Regulations 2017 (SA) reg 9(1)].
Both the Dog and Cat Management Board and local councils can issue expiation notices or summonses if dog owners do not fulfil these duties. It is a defence to any charge under the Act if the offence was not committed intentionally and did not result from any failure on the part of the person to take reasonable care to avoid committing the offence [Dog and Cat Management Act 1995 (SA) s 86].
When a court convicts a person of an offence against the Dog and Cat Management Act 1995 (SA), it can also make a variety of orders to stop any danger or nuisance. Depending on the circumstances, the court may order that a dog be destroyed or controlled in a certain way, that the owner may not acquire another dog for a certain period, or that the victim is paid compensation for injury or damage [s 47].
What are the duties of a dog-sitter?
Apart from registration (unless dog-sitting when the registration expires), a dog-sitter has the same duties as the owner of the dog. This is because the same laws apply to both the owner and the person responsible for the dog.
Dog-sitters should ask the owner whether the dog's registration is up-to-date before agreeing to dog-sit.
Where can dogs lawfully go?
Unless the dog is an accredited assistance dog, any person responsible for the control of a dog commits an offence if the dog is in a shop (not being a pet shop, grooming parlour or vet) without the permission of the shopkeeper [s 45A].
Duties of dog owners : Last Revised: Thu Jun 28th 2018
The content of the Law
Handbook is made available as
a public service
for information purposes only
and should not be relied upon
as a substitute for legal
advice. See
Disclaimer for
details. For free and
confidential legal advice
in South Australia call 1300
366 424.