This article is about assistance animals and companion animals in a QLD body corporate.
The keeping of animals in community titles schemes can be a highly emotive topic. Whether an owner or occupier can keep an animal is generally a decision that requires approval of the body corporate committee under the scheme’s by-laws.
However, legislation treats guide, hearing and assistance dogs differently from pets. Bodies corporate need to be aware that it is not just the Body Corporate and Community Management Act 1997 (the BCCM Act) that applies when dealing with people with disability who rely on a certified guide, hearing or assistance dog.
When it comes to an animal that is a guide, hearing or assistance dog, section 181 of the BCCM Act provides that a person who has a disability under the Guide, Hearing and Assistance Dogs Act 2009 and relies on their animal, does not need to ask permission before bringing a dog into a body corporate property. If the person is the owner or occupier of a lot, they also have the right to keep the dog on the lot. These rights apply regardless of scheme by-laws relating to animals.
Guide, hearing and assistance dogs are certified under the Guide, Hearing and Assistance Dogs Act 2009. Most people recognise the traditional labrador breed as a guide dog for the visually impaired, however, assistance dogs can be almost any breed and can assist people with a variety of disabilities in their day-to-day lives. They can be recognised by the badge that they have on their harness or coat.
But what about companion and emotional support animals?
Our community education and information unit often receive enquiries from owners and occupiers who want to bring an animal into their scheme, because they have bought it to help them or their child with mental health issues or other conditions. Undoubtedly, companion animals do provide support to their owners. However, certified assistance dogs are different from pets, and companion and emotional support dogs. Assistance dogs are specifically trained to help people with disability to perform specific tasks and to participate actively in public life and personal activities, which helps their handler to function independently and reduce their need for support.
As companion or emotional support animals do not fall within the meaning of an assistance dog under the Guide, Hearing and Assistance Dogs Act 2009, their owners do not have the same automatic rights under the BCCM Act as those with a certified assistance dog.
This means they will need to seek approval for their animal if their body corporate by-law requires it. The committee must act reasonably when considering whether to approve a request to keep an animal in a body corporate.
It is important that when the committee considers a request to keep an animal, they acknowledge and consider any rights the owner or occupier has under other laws, such as the Disability Discrimination Act 1992 (Cth) and Queensland Anti-Discrimination Act 1991.
If an owner or occupier asks for approval of an animal and the body corporate committee says no, the owner or occupier may make a dispute resolution application to the Commissioner’s office if they believe the committee’s decision was unreasonable. However they may also be able to make a complaint to the Queensland Human Rights Commission.
Previous orders made regarding the approval of pets in bodies corporate can be searched on the Australasian Legal Information Institute Website.
More information relating to the Queensland Anti-Discrimination Act 1991 can be obtained from the Queensland Human Rights Commission on 1300 130 670 or the Queensland Human Rights Commission. More information on guide, hearing and assistance dogs legislation is available on the Department of Communities, Disability Services and Seniors website. For general information about body corporate legislation, you can contact the Office of the Commissioner for Body Corporate and Community Management on 1800 060 119 or the Queensland Government: Ask a body corporate question Page.Information Service Freecall 1800 060 119 Commissioner for Body Corporate and Community Management
This post appears in Strata News #612.
This article has been republished with permission from the author and first appeared on the Body Corporate and Community Management website.
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