Disability Discrimination Act 1992

This section applies in relation to a person with a disability who has an assistance animal.

For when a person with a disability has an assistance animal, see subsections 9(2) and (4).

This Part does not render it unlawful for a person to request or to require that the assistance animal remain under the control of:

the person with the disability; or

another person on behalf of the person with the disability.

For the purposes of subsection (2), an assistance animal may be under the control of a person even if it is not under the person’s direct physical control.

This Part does not render it unlawful for a person (the discriminator) to discriminate against the person with the disability on the ground of the disability, if:

the discriminator reasonably suspects that the assistance animal has an infectious disease; and

the discrimination is reasonably necessary to protect public health or the health of other animals.

This Part does not render it unlawful for a person to request the person with the disability to produce evidence that:

the animal is an assistance animal; or

the animal is trained to meet standards of hygiene and behaviour that are appropriate for an animal in a public place.

This Part does not render it unlawful for a person (the discriminator) to discriminate against the person with the disability on the ground that the person with the disability has the assistance animal, if:

the discriminator requests or requires the person with the disability to produce evidence referred to in subsection (5); and

the person with the disability neither:

produces evidence that the animal is an assistance animal; nor

produces evidence that the animal is trained to meet standards of hygiene and behaviour that are appropriate for an animal in a public place.

This Part does not affect the liability of a person for damage to property caused by an assistance animal.