Accommodation: Know Your Rights
An Assistance Animal has legally protected Public Access Rights.
It is illegal and/or unlawful to deny or prevent entry, except in certain, limited circumstances.
An Assistance Animal is any animal that is specially trained to support a person with a disability by performing specific tasks that help them manage daily life. Under the Disability Discrimination Act 1992 (Cth), assistance animals have protected rights to accompany their handlers in places where pets are prohibited. Assistance Animals meet high standards of hygiene and behaviour.
It is unlawful for an accommodation proprietor (including landlords and real estate agents) to refuse access to an Assistance Animal in most circumstances.
Establishments may include:
- Private rentals
- Public housing
- Hotels, motels and serviced apartments
- Caravan parks and camp grounds
- AriBnB
- Hostels and backpacker lodges
- Boarding houses
- Bed and breakfast establishments
- Retirement villages and aged care facilities
- Disability accommodation
- Crisis and transitional housing
- Student accommodation
- Other forms of accommodation open to the general public
Remember that it is unlawful and/or illegal to:
- Bypass, ignore, refuse or defer an application for accommodation due to an Assistance Animal.
- Place terms or conditions on a patron due to them having an Assistance Animal.
- Require the payment of a pet deposit for an Assistance Animal.
- Require that an Assistance Animal be left outside or only within a certain area of the premises.
- Deny the use of accommodation-related benefits, such as use of a hotel gym or pool, due to presence of an Assistance Animal.
- Apply bylaws or policies prohibiting pets.
- Harass, victimise, subject a resident to detriment or evict them due to having an Assistance Animal.
- Prevent the handler making minor or temporary adjustments to the property to accommodate an Assistance Animal, or to require that they seek prior approval. For example, erecting a temporary fence.
- Require that an Assistance Animal is registered under state/territory law.
There is no legal requirement for handlers to request permission for an Assistance Animal to accompany them.
Handlers remain responsible for any damages caused by the Assistance Animal.
For further information and direct access to Australian law, please scan the QR Code.
