A strata scheme’s by-laws prohibit pets, but the Disability Discrimination Act 1992 (Cth) makes it unlawful to discriminate against a person because they use an assistance animal. How should this conflict be resolved?
Correct Answer
B) Federal anti-discrimination law prevails, so the assistance animal must be allowed.
Federal anti-discrimination legislation, including the Disability Discrimination Act, takes precedence over strata by-laws when it comes to assistance animals. Strata schemes cannot enforce by-laws that would discriminate against people with disabilities who require assistance animals, regardless of general pet restrictions.
Why This Is the Correct Answer
The Disability Discrimination Act 1992 (Cth) makes it unlawful to discriminate against a person with a disability because they use an assistance animal. A strata by-law cannot be enforced in a way that does so, and state strata laws also exempt assistance animals from pet by-laws.
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