DISABILITY DISCRIMINATION ACT: HUMAN RIGHTS COMMISSION
Under the Federal Disability Discrimination Act 1992 amended 2009 (hereafter DDA) all assistance dogs are guaranteed access to all public places in Australia.
According to the DDA, if your assistance dog is appropriately trained and certified to assist you, and meets acceptable standards of hygiene and behaviour, then access to public spaces and services is guaranteed.
An assistance animal is a trained support designed to facilitate the participation of people with disability in accessing various aspects of personal and public life. They are sometimes mistaken as a pet but provide an essential function for some people with disability
The Disability Discrimination Act 1992 (Cth) (DDA) in Section 9, sets out the legal definition of 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 effect of the disability and meets standards of hygiene and behaviour that are appropriate for an animal in a public place.
This Part does not render it unlawful for a person (the discriminator ) to discriminate against the person with the disability on the ground of the disability, if:
- the discriminator reasonably suspects that the assistance animal has an infectious disease; AND
- the discrimination is reasonably necessary to protect public health or the health of other animals.
You are also obliged to produce evidence that your dog is a legitimate assistance animal when asked.
What Section 54A(5) States:
Under Section 54A(5), a person may request evidence that an animal:
- Is an assistance animal trained to assist the person with a disability, and
- Meets standards of hygiene and behavior appropriate for a public place.
However, the DDA does not explicitly list specific documents, certificates, or forms of evidence that must be provided.
What This Means in Practice:
Because the DDA lacks specificity regarding what constitutes evidence, the interpretation often depends on context and reasonable expectations. Typically, the following are considered acceptable forms of evidence in practice:
- Documentation or Certification
- A certificate or ID from a recognised assistance animal training organisation or program.
- Registration with an assistance animal certification body (if applicable in a specific state or territory).
- A letter from a veterinarian verifying the animal’s behavior, hygiene, and training.
- Medical Documentation
- A letter or certificate from a qualified health professional (e.g., a psychologist, doctor, or occupational therapist) stating:
- The person has a disability.
- The animal is required to alleviate the effects of that disability.
- A letter or certificate from a qualified health professional (e.g., a psychologist, doctor, or occupational therapist) stating:
- Training Evidence
- Proof of training that meets public access behavior standards, such as:
- Documentation showing the animal has been trained by an accredited trainer or organisation.
- A statement of the animal’s training history if self-trained.
- Proof of training that meets public access behavior standards, such as:
- Behavioral Evidence
- If evidence is unclear, the animal’s behavior in a public setting may also serve as indirect evidence of its status as an assistance animal.
Why the DDA Doesn’t Define Evidence:
The lack of specificity in Section 54A(5) is intentional to provide flexibility, recognising that assistance animals can be trained in various ways (including owner-training) and that the needs of individuals with disabilities may differ. This avoids imposing rigid barriers that could unfairly exclude people with disabilities from accessing public spaces.