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Body corporate by-laws typically regulate the approval process for keeping animal(s) within their scheme. When it comes to assistance animals – such as certified guide, hearing, or assistance dogs, there are distinct legislative protections that override typical pet-related rules.
Understanding these protections is crucial for body corporate committees, particularly as they navigate the rights of people with disabilities who rely on assistance animals.
Legal Framework: The BCCM Act and assistance animals
The Body Corporate and Community Management Act 1997 (BCCM Act) is the primary legislation governing body corporates in Queensland. For most pet ownership, the BCCM Act requires body corporate committee approval according to each community’s by-laws. However, assistance animals enjoy specific legal protections that distinguish them from pets or companion animals.
Section 181 of the BCCM Act, in conjunction with the Guide, Hearing and Assistance Dogs Act 2009, establishes that individuals with disabilities who rely on certified guide, hearing, or assistance dogs have the right to bring these animals onto body corporate property without requiring prior permission. This legal provision extends to owners and occupiers who live in the community, giving them the right to keep their assistance dogs in their private lot regardless of any by-laws mandating approvals.
What qualifies as an assistance animal?
To benefit from these protections, an assistance animal must be certified under the Guide, Hearing and Assistance Dogs Act 2009. These animals are typically recognisable by a badge on their harness or coat and are trained specifically to assist individuals with disabilities.
Unlike traditional pets, assistance animals are more than just companions; they play a critical role in helping people with disabilities carry out daily tasks and achieve greater independence. While many people may think of the classic Labrador guide dog for the visually impaired, assistance animals can vary widely in breed and appearance.
Companion animals vs. assistance animals
Emotional support or companion animals, while often essential to their owners’ well-being, do not fall under the legal category of assistance animals. This means that, unlike assistance animals, companion animals do not have automatic entry and residency rights in body corporate communities. If a resident wishes to bring a companion animal or emotional support animal into a body corporate, they must seek committee approval if their scheme’s by-laws mandate it.
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