{"id":"highways-liability-for-straying-animals-act-1983","name":"Highways (Liability for Straying Animals) Act 1983","slug":"highways-liability-for-straying-animals-act-1983","collection":"act","jurisdiction":"wa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":30648,"registerId":"wa-highways-liability-for-straying-animals-act-1983-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Highways (Liability for Straying Animals) Act 1983","content":"![Crest]()Western Australia\n\nHighways (Liability for Straying Animals) Act 1983\n\nWestern Australia\n\nHighways (Liability for Straying Animals) Act 1983\n\nContents\n\n1. Short title 1\n\n2. Interpretation 1\n\n3. Liability in tort for damage caused by animals straying on to highways 1\n\n4. Maximum damages recoverable for damage caused by animals straying on to highways 3\n\n5. Regulations 4\n\nNotes\n\nCompilation table 5\n\nDefined terms\n\n  \n\nWestern Australia\n\nHighways (Liability for Straying Animals) Act 1983\n\nAn Act to clarify and amend the law relating to liability in tort for damage caused by animals straying on to highways.\n\n##### 1. Short title\n\nThis Act may be cited as the *Highways (Liability for Straying Animals) Act 1983* 1.\n\n##### 2. Interpretation\n\nIn this Act, unless the contrary intention appears —\n\n  damage includes —\n\n(a) the death of a person; and\n\n(b) injury to a person, including disease and impairment of mental or physical condition suffered by the person.\n\n##### 3. Liability in tort for damage caused by animals straying on to highways\n\n(1) Subject to subsection (2), so much of the rules of the common law relating to liability in tort for negligence as excludes or restricts the duty which a person might owe to others to take such care as is reasonable to see that damage is not caused by animals straying on to a highway does not form part, and shall be deemed never to have formed part, of the law of Western Australia.\n\n(2) Subsection (1) has no operation in relation to —\n\n(a) any action in respect of which a court has given judgment before the coming into operation of this Act; or\n\n(b) any appeal relating to the matters which were in issue in the action referred to in paragraph (a).\n\n(3) A court shall determine the liability in tort of a person for damage caused by animals straying on to a highway solely according to the law of Western Australia relating to liability in tort for —\n\n(a) negligence; or\n\n(b) intentional acts or omissions.\n\n(4) In determining according to the law of Western Australia relating to liability in tort for negligence whether or not a person is liable for damage caused by animals straying on to a particular highway, a court may consider, among other matters —\n\n(a) the general nature of the locality in which the relevant part of that highway is situated (in this subsection called the locality);\n\n(b) the nature and amount of traffic using that highway;\n\n(c) the extent to which users of that highway would expect to encounter animals on that highway and could be expected to guard against the risk associated with their presence;\n\n(d) the common practice in the locality in relation to —\n\n(i) fencing and the taking of other measures to prevent animals from straying on to highways in that locality; and\n\n(ii) the taking of measures to warn users of that highway of the likely presence of animals thereon;\n\nand\n\n(e) the cost of fencing, or of the taking of measures, referred to in paragraph (d) or of both, as the case requires.\n\n[(5) deleted]\n\n[Section 3 amended: No. 30 of 2016 s. 4.]\n\n##### 4. Maximum damages recoverable for damage caused by animals straying on to highways\n\n(1) The damages awarded in respect of any one cause of action in tort for negligence arising out of damage caused by animals straying on to a highway must not exceed the maximum damages amount prescribed by the regulations for the financial year in which the damages are assessed.\n\n(2) Regulations made for the purposes of subsection (1) may specify or provide for a method of calculating the maximum damages amount for a financial year.\n\n(3) On or before each 1 July, the Minister must publish a notice in the *Gazette* specifying the amount that is the maximum damages amount for the purposes of subsection (1) for the financial year that begins on that 1 July.\n\n(4) The notice under subsection (3) is for public information only and a failure to publish or a delay or error in publication does not affect the maximum damages amount for the financial year concerned.\n\n(5) For the purposes of the application of this section to the financial year that includes the day (commencement day) on which the *Highways (Liability for Straying Animals) Amendment Act 2016* section 5 comes into operation —\n\n(a) a reference in subsections (1) to (4) to a financial year is to be read as a reference to the period that begins on commencement day and ends on the next 30 June; and\n\n(b) a reference in subsection (3) to 1 July is to be read as a reference to commencement day.\n\n[Section 4 inserted: No. 30 of 2016 s. 5.]\n\n##### 5. Regulations\n\nThe Governor may make regulations prescribing matters —\n\n(a) required or permitted to be prescribed by this Act; or\n\n(b) necessary or convenient to be prescribed for giving effect to this Act.\n\n[Section 5 inserted: No. 30 of 2016 s. 5.]\n\nNotes\n\n1 This is a compilation of the *Highways (Liability for Straying Animals) Act 1983*. The table also contains information about any reprint.\n\nCompilation table\n\n| **Short title** | **Number and year** | **Assent** | **Commencement** |\n| --- | --- | --- | --- |\n| *Highways (Liability for Straying Animals) Act 1983* | 17 of 1983 | 17 Nov 1983 | 17 Nov 1983 |\n| **Reprint of the *Highways (Liability for Straying Animals) Act 1983* as at 11 Oct 2002** | | | |\n| *Highways (Liability for Straying Animals) Amendment Act 2016* | 30 of 2016 | 3 Oct 2016 | s. 1 and 2: 2 Dec 2016 (see s. 2(a));   Act other than s. 1 and 2: 3 Dec 2016 (see s. 2(b) and *Gazette* 2 Dec 2016 p. 5383) |\n\n\nDefined terms\n\n*[This is a list of terms defined and the provisions where they are defined. The list is not part of the law.]*\n\n**Defined term Provision(s)**\n\ncommencement day 4(5)\n\ndamage 2\n\nthe locality 3(4)\n","sortOrder":0}],"analysis":{"flash_summary":{"complexity_score":5,"scope_assessment":{"changed":true,"description":"Yes. The 2016 amendment modified scope: it amended s 3 (No. 30 of 2016 s. 4) and inserted statutory provisions creating an annual damages cap and regulatory powers (s 4 and s 5, No. 30 of 2016 s. 5). The Act thus moved from solely disapplying certain common-law limitations to also prescribing maximum recoverable damages and delegating calculation and publication to regulation and ministerial notice."},"complexity_factors":["Statutory overturning of parts of common law that previously limited duty (s 3(1)) — creates interaction between statute and pre-existing case law.","Judicial discretion in applying negligence standards with a non-exhaustive list of contextual factors (s 3(3)–(4)) — ambiguity in how courts will weigh locality, traffic, expectations and customary fencing.","Annual statutory cap on damages set by regulation and subject to a published notice (s 4(1)–(3)) — introduces regulatory rulemaking and administrative publication steps affecting quantum.","Permitted methods for calculating the cap may be specified in regulations (s 4(2)) — technical and actuarial choices delegated to regulations.","Transitional savings and temporal definitions for the amendment commencement period (s 3(2), s 4(5)) — creates limited exceptions and altered application periods.","Delegation of substantive detail to regulations and Governor/Minister action (s 4, s 5) — increases implementation complexity and ongoing rule changes.","Evidentiary and compliance burden on plaintiffs and defendants to prove expectations, customary practices and reasonable cost of fencing/measures (s 3(4)(c)–(e))."],"plain_english_summary":"This Act makes owners and handlers potentially responsible in tort where their animals stray onto highways by removing certain common-law limits on that duty and requiring courts to assess liability under Western Australian negligence or intentional-tort law. It identifies practical factors courts may weigh and allows regulations to set an annual cap on damages, published by the Minister. It affects animal owners, road users, insurers and local regulators by changing who bears legal risk, the evidence needed, and possible financial exposure."},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":false,"description":"The legislation remains tightly focused on its original purpose: clarifying tort liability for straying animals on highways. The 2016 amendments added a damages cap (Section 4) and regulation-making power (Section 5), but these are procedural mechanisms directly supporting the core liability scheme rather than expanding the Act's substantive scope into new areas."},"complexity_factors":["Only 3 defined terms in the interpretation section (damage, commencement day, the locality)","Single main operative section (Section 3) with straightforward subsections","Limited cross-referencing—only internal references to subsections within the same section","Simple conditional logic: subsection (2) provides two clear exceptions (prior judgments and appeals) to the main rule in subsection (1)","Section 4 adds a damages cap mechanism but uses standard regulatory prescription language","No nested exceptions or complex deeming provisions beyond the basic 'deemed never to have formed part' in section 3(1)","Total length is approximately 5 pages with substantial white space and tables"],"plain_english_summary":"**What this law does:**\n\nThis Western Australian law deals with who pays when animals wander onto roads and cause accidents or injuries.\n\n**The problem it solves:**\n\nBefore this Act, old English common law rules meant that farmers and landowners often weren't responsible if their animals strayed onto highways and caused crashes. This Act scraps those old rules for Western Australia.\n\n**What it means in practice:**\n\n- **Farmers and landowners can now be sued** if their animals (cattle, sheep, horses, etc.) wander onto roads and cause damage, injury, or death. They must take \"reasonable care\" to prevent this—just like any other negligence case.\n- **Drivers and road users** can claim compensation if they hit a stray animal, but only if the owner failed to take reasonable precautions.\n- **Courts look at local context** when deciding if someone was negligent. They consider things like: how busy the road is, whether animals commonly wander in that area, local fencing customs, warning signs, and how expensive proper fencing would be.\n\n**Caps on compensation:**\n\nSince 2016, there's a limit on how much money can be awarded in these cases. The maximum amount is set by regulations and published in the Government Gazette each year.\n\n**Who it affects:**\n\n- Rural landowners with livestock near roads\n- Motorists driving through farming areas\n- Insurance companies handling vehicle or personal injury claims\n\n**Why it matters:**\n\nIt strikes a balance between protecting motorists and recognising rural realities. Landowners aren't automatically liable—courts consider what's reasonable for that specific location. But victims aren't left without recourse either, and the damages cap provides certainty for insurers and landowners."},"issue_detection":{"absurdities":[],"contradictions":[]},"summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"Scope cannot be assessed. The legislative text was not accessible, so no comparison between original intent and final form is possible. The title suggests a narrow and specific focus on liability for straying animals on highways, which is consistent with a single-issue amending or standalone Act typical of the early 1980s era of Australian law reform."},"complexity_factors":["The actual legislative text is completely unavailable — only the title and a broken-link error page were provided","No provisions, sections, definitions, or schedules could be assessed","Complexity score reflects the inability to analyse content, not the inherent complexity of the Act itself — which, based on its title, appears to be a narrow, targeted piece of legislation"],"plain_english_summary":"The Highways (Liability for Straying Animals) Act 1983 appears to set out who is legally responsible when livestock or other animals stray onto roads and cause accidents or damage, shifting potential liability onto animal owners or landholders and affecting farmers, rural landowners, motorists, and insurers.\n\nThe statute text is unavailable online, so specific duties, defences, or penalties can’t be confirmed—contact the Parliamentary Counsel’s Office or check legislation.wa.gov.au for the authoritative version."}},"importantCases":[],"_links":{"self":"/api/acts/highways-liability-for-straying-animals-act-1983","history":"/api/acts/highways-liability-for-straying-animals-act-1983/history","analysis":"/api/acts/highways-liability-for-straying-animals-act-1983/analysis","conflicts":"/api/acts/highways-liability-for-straying-animals-act-1983/conflicts","importantCases":"/api/acts/highways-liability-for-straying-animals-act-1983/important-cases","documents":"/api/acts/highways-liability-for-straying-animals-act-1983/documents"}}