Introduction to Assistance Dogs
Assistance dogs play an essential role in helping people with disabilities live more independent and confident lives. These specially trained dogs are not pets; they are highly skilled partners who support their handlers in a range of daily tasks, such as picking up dropped items, providing stability, alerting to medical changes, or offering emotional support.
In Australia, assistance dogs have legal rights and protections that allow them to accompany their handlers in public spaces, provided they meet the behavioural and hygiene standards set under the Disability Discrimination Act 1992 (DDA).
What Is an Assistance Dog?
An assistance dog is a dog trained to help a person with a disability manage and reduce the effects of that disability. They are trained to perform specific tasks and maintain calm, reliable behaviour in public places such as shops, restaurants, and on public transport.
When an assistance dog meets the standards outlined in the DDA, it is legally permitted to accompany its handler into most public areas.
The Legal Definition of an Assistance Dog
Section 9 of the Disability Discrimination Act 1992 (DDA) defines an assistance animal as a dog or other animal that:
(a) is accredited under a State or Territory law to assist a person with a disability to alleviate the effects of disability; or
(b) is accredited by an animal training organisation prescribed in the regulations; or
(c) is trained to assist a person with a disability to alleviate the effects of the disability and meets standards of hygiene and behaviour that are appropriate for an animal in a public place.
In summary, an assistance dog must either hold official accreditation (such as a Public Access Test under the Guide Hearing and Assistance Dog Act) or be trained to perform specific tasks directly related to a person’s disability while maintaining suitable hygiene and behaviour in public.
When Can an Assistance Dog Be Asked to Leave a Public Place?
Under Section 54A of the DDA, businesses and service providers must allow access to assistance dogs. However, there are limited circumstances in which an assistance dog may lawfully be asked to leave a public area. These include:
When the dog is reasonably suspected of having an infectious disease.
When it is necessary to protect public health or the health of other animals.
When the handler cannot provide proof that the dog meets the DDA definition of an assistance animal.
These situations are uncommon, but it is important for both handlers and businesses to understand their respective rights and obligations.
Can a Business Charge Extra for an Assistance Dog?
In general, a business cannot refuse entry, deny service, or impose additional charges on a person because of their assistance dog. This applies to accommodation providers, transport operators, and other public facilities.
While specific regulations can differ slightly between states and territories, discrimination against a person using an assistance dog is prohibited under the Disability Discrimination Act. Charging extra or refusing service may constitute a breach of the Act and could result in a formal complaint.
Conclusion
Assistance dogs are highly trained working animals that provide life-changing support to people with disabilities. Understanding the rights and responsibilities surrounding assistance dogs helps create a more inclusive and respectful community.
For more information about assistance dog training, public access testing, or how to begin your own assistance dog journey, contact Canine Refined for guidance and support.