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DISABILITY DISCRIMINATION ACT 1992 - SECT 54A

Assistance animals

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

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

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

  (a)   the person with the disability; or

  (b)   another person on behalf of the person with the disability.

  (3)   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.

  (4)   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:

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

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

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

  (a)   the animal is an assistance animal; or

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

  (6)   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:

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

  (b)   the person with the disability neither:

  (i)   produces evidence that the animal is an assistance animal; nor

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

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


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