DISABILITY DISCRIMINATION & ASSISTANCE ANIMALS

Rights under the Disability Discrimination Act 1992 (Cth)

Know Your Legal Obligations

@realty recently received a complaint via the Australian Human Rights Commission

involving interactions between one of our agents and a person accompanied by an

assistance dog. This has prompted us to take proactive steps to educate all @realty

agents about your legal obligations under the Disability Discrimination Act 1992 (Cth)

(“DD Act”).

As real estate professionals, we are service providers under the Act, which means

that treating someone less favourably because of their disability is unlawful

and this includes discrimination against people who use assistance animals.

Key Points You Need to Know

• Assistance animals are legally protected under the DD Act. Denying access to

            property inspections or offices due to their presence may amount to direct

            discrimination.

• These animals are specially trained to assist people with disabilities,

            including physical, psychiatric and sensory impairments.

• Never request removal of an assistance animal, charge extra bond or

            question a person’s need for the animal unless there is clear legal basis.

            Indirect discrimination can also occur, for example, if a policy inadvertently

            excludes people with disabilities.

What You Should Do

• Always welcome individuals with assistance animals at inspections, offices

            and events.

• Don’t challenge or question the presence of an assistance animal, assume

            it is legitimate unless there is clear evidence to the contrary.

• If you’re unsure how to respond in a particular situation, contact our

            Compliance Team before taking any action.

Why This Matters

Being inclusive is not just the law, it reflects the professionalism and care that we

stand for at @realty. Understanding and respecting the rights of people with

disabilities is essential for maintaining our reputation and reducing risk.

FREQUENTLY ASKED QUESTIONS

Q1. What is the Disability Discrimination Act 1992 (Cth)?

The DD Act makes it unlawful to treat someone less favourably because of their

disability. It applies to — including real estate agents — across all States and

Territories.

Q2. What counts as a “disability”?

Disabilities can be physical, intellectual, psychiatric, sensory, neurological, or

learning-related. Disabilities can be temporary or permanent, visible or invisible.

Q3. What is an assistance animal?

An assistance animal may be small or large and is:

• Trained to assist a person with their disability, and
• Accredited or recognised under a State/Territory law or by a prescribed

authority (e.g. Guide Dogs Australia, Assistance Dogs Australia).

They are not pets, they are support tools protected by law.

Q4. Do assistance animals need to wear a special vest or ID?

Some States provide ID cards or registration tags, but not all do. If someone says it

is an assistance animal, and there’s no clear reason to doubt it, you must assume it

is legitimate.

Q5. Can I refuse entry to a property inspection if there’s an assistance dog?

No. Refusing access may be direct discrimination and could result in a complaint to

the Human Rights Commission. Assistance animals are legally allowed to

accompany their handlers into public places, including properties for sale or lease.

Q6. Can I charge an extra bond or cleaning fee for the animal?

No, not unless the animal causes actual damage. Charging extra purely because

someone has an assistance animal could be unlawful discrimination.

Q7. What should I do if a property owner doesn’t want animals on site?

You must explain the legal obligations under the DD Act to the owner. They are also

bound by anti-discrimination laws. Refusal to accommodate could expose the owner 

and the agent to liability.

Q8. What if I’m not sure the animal is truly an assistance animal?

Only challenge it if you have a reasonable and lawful basis (e.g., the animal is out of

control, not house-trained, or presents a safety risk). If unsure, contact @realty 

Compliance before doing or saying anything.

Q9. What are the penalties for non-compliance?

Complaints can be made to the Australian Human Rights Commission, leading to

investigation, public apology, damages, or legal proceedings. It also risks

reputational harm to you and @realty.

Q10. Where can I get help?

Contact the @realty Compliance Team any time if you’re unsure or have a situation

arise. We’re here to help guide you.

If you have any questions or would like confidential compliance support, don’t

hesitate to get in touch.

Warm regards,

@realty Compliance Team

PLEASE SEE ID CARD & BADGE BELOW

Copy of certified ID card that handlers carry

Copy of the badge which service animals wear when working