South Australian Consolidated Acts

DOG FENCE ACT 1946 - SECT 44

44—Employer liable for damage done by employee

        (1)         Where an act or omission constituting an offence involving damage to or the removal of any part of a dog fence is done or made by a person in the course and scope of his or her employment, the employer of that person is liable to pay to the person responsible for the maintenance of that part of the fence such expenses as are or may be necessarily incurred in restoring that part of the fence as a dog-proof fence: But this section is not to be construed as limiting any other liability of the employer under this or any other Act or otherwise.

        (2)         The expenses payable under subsection (1) may be recovered in any court of competent jurisdiction.

        (3)         Where an act or omission referred to in subsection (1) is done or made by the driver of a vehicle, the owner of the vehicle will for the purposes of this section be taken to be the employer of the driver unless the owner proves that at the time the act was done or omission was made the driver was not in the ordinary employment of the owner nor acting within the course and scope of that employment.