It is an offence to urge or encourage a dog to attack, harass or chase a person or an animal or bird owned by a person [Dog and Cat Management Act 1995 (SA) s 44(1)]. The maximum penalty is $10,000 or imprisonment for 2 years.

It is also an offence for the owner or person responsible for a dog to allow their dog to attack, harass or chase a person or an animal or bird owned by a person [s 44(2)]. The maximum fine that may be imposed will depend on the breed of the dog and whether it is a first or subsequent offence.

Dogs being used in the reasonable defence of a person or property, or working dogs, are exempt from these provisions [s 44(4)].

Any person may lawfully destroy or injure a dog if it is reasonable and necessary to protect life or property [s 59D(1)(a)]. In addition, the Dog and Cat Management Board or the local council may consider making a Destruction or Control Order following a dog attack - see Control and Destruction Orders.

A person who suffers injury or damage from a dog attack may be able to claim compensation. For more information, see Accidents involving animals.

An example of a case discussing damages for injury received as a result of a dog attack is Boothey v Morris [2002] SASC 126. The plaintiff in this case suffered a serious injury to her hand which affected her capacity to work as a massage therapist. She was bitten by the defendant’s dog when talking to the defendant. The dog was on a short leash and sitting next to the defendant. The plaintiff reached out her hand to the dog to enable it to smell her. A conversation followed between the two women during which time the plaintiff left her hand near the dog. As she withdrew her hand, the dog lunged at her and bit her hand. The plaintiff had not made any excessive noise or sudden movements. Neither woman had any warning of the attack. The plaintiff also claimed to have suffered psychological damage as a consequence of the attack. The original amount awarded in judgment was revised on appeal and an amount of $211,607.01 was awarded.