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Accreditation of Assistance Animals

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FOI 24/25-0473 [Research Paper] DOCUMENT 10 OFFICIAL For Internal Use Only

Accreditation of Assistance Animals

The content of this document is OFFICIAL. Please note: The research and literature reviews collated by our TAB Research Team are not to be shared external to the Branch. These are for internal TAB use only and are intended to assist our advisors with their reasonable and necessary decision-making. Delegates have access to a wide variety of comprehensive guidance material. If Delegates require further information on access or planning matters, they are to call the TAPS line for advice. The Research Team are unable to ensure that the information listed below provides an accurate & up-to-date snapshot of these matters

Research questions: What does the Agency consider to be an ‘accredited assistance animal provider? What are the relevant state-based legislation/accreditation requirements for each state? How do they determine suitability of a provider in each state? What are the implications if NDIS funding was provided under the Commonwealth DDA but not the law of the state or territory in which the participant resides? Are there legal implications for public access and what are these? What are the best practice approaches to Assistance Animal training/certification? Date: 5/5/2022

s47F - personaRequestor: Liz

s47F - persEndorsed by (EL1 or above): Yuemei

s47F - personal privacyResearcher: Stephanie

s47F - personal privacyCleared by: Megan

  1. Contents Accreditation of Assistance Animals ……………………………………………………………………………… 1
  2. Contents ……………………………………………………………………………………………………….. 1
  3. Summary ………………………………………………………………………………………………………. 2
  4. Definition of Assistance Animal …………………………………………………………………………. 3
  5. State and Territory Legislative Requirements ……………………………………………………… 5

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FOI 24/25-0473 [Research Paper] DOCUMENT 9 OFFICIAL For Internal Use Only 4.1 New South Wales ………………………………………………………………………………………… 5 4.2 Victoria ……………………………………………………………………………………………………….. 6 4.3 Queensland ………………………………………………………………………………………………… 7 4.4 South Australia ……………………………………………………………………………………………. 9 4.5 Western Australia ………………………………………………………………………………………… 9 4.6 Tasmania ………………………………………………………………………………………………….. 10 4.7 Australian Capital Territory ………………………………………………………………………….. 10 4.8 Northern Territory ………………………………………………………………………………………. 11 5. Regulations and Accreditation of Assistance Animals ………………………………………… 11 6. NDIA funding for Assistance Animals ………………………………………………………………. 12 7. Organisations that train assistance animals ………………………………………………………. 13 8. References ………………………………………………………………………………………………….. 15 9. Version control ……………………………………………………………………………………………… 17

  1. Summary The Disability Discrimination Act 1992 (Commonwealth) states an animal can meet the criteria of being an assistance animal (AA) in three ways:
  2. State accreditation
  3. Territory accreditation or;
  4. Trained through an accredited training organisation or trained independently to meet the needs of a person with a disability. All users of AA have public access rights under the Disability Discrimination Act 1992 (Cth) regardless of whether the handler has a Public Access Test card, ID card or if the AA is wearing a special harness (City Services, n.d.). Under the Disability Discrimination Act 1992 (Cth) it is not considered discrimination to ask a person for proof an animal is a legitimate AA. If proof cannot be provided it is also not considered discrimination to refuse entry or ask the person to leave the premises. Therefore, the introduction of accreditation for AA and public access tests by Queensland, South Australia, Western Australia, and the Australian Capital Territory enable a person to gain formal recognition for their AA and receive an accreditation card that can be produced on demand. The NDIS Guidelines have clear parameters for funding Assistance Animals. An AA must be trained by an accredited organisation, perform 3 tasks or behaviours to support the

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FOI 24/25-0473 [Research Paper] DOCUMENT 9 OFFICIAL For Internal Use Only individual with a disability and pass a public access test. The NDIS Guidelines has additional criteria defining AAs compared to the legal definition in the Disability Discrimination Act (Cth). The benefit of encouraging a participant to use an accredited AA training organisation for their AA is that upon successful completion they receive a handler’s card. Producing this card on request may reduce the number of negative social events experienced by a participant when in public if they are asked for proof that their dog is a legitimate assistance dog. RES 239 Animal Assisted Therapy and Assistance Animals provides additional information regarding the evidence of stigma and discrimination experienced by users of assistance animals.

  1. Definition of Assistance Animal The legal definition of an Assistance Animal, set out by section 9 (2) of the Disability Discrimination Act 1992 (Commonwealth), is a dog or animal that: a) is accredited under a law of a State or Territory that provides for the accreditation of animals trained to assist a person with a disability to alleviate the effect of the disability; or b) is accredited by an animal training organisation prescribed in the regulations; or c) is trained: i. to assist a person with a disability to alleviate the effect of the disability; and ii. to meet standards of hygiene and behaviour that are appropriate for an animal in a public place. Under the Act, an individual is free to choose how their assistance dog is trained. There is no one prescribed way for an animal to meet the definition of an AA. As long as the individual using the AA has the means to prove the animal is a genuine AA it does not matter under this Act how the animal is trained. However, a person using an AA must be able to prove that the animal is a genuine AA, and business owners or carer takers of public spaces and public transport have the right to refuse entry if evidence is not provided (Human Rights Commission, 2016). Methods of proof can be a letter from a medical specialist confirming the disability and AA, it could be an identification card obtained after being trained by an accredited training organisation, or it could be by providing a valid state Public Access Test card. The National Disability Insurance Scheme differs in the definition of what is an AA. As described in NDIS Guidelines (NDIS, 2021): “An assistance animal is an animal specially trained by an accredited assistance animal provider to help you do things you can’t do because of your disability….The La Trobe University report defines assistance animal as “an animal that is trained to perform at least 3 tasks or behaviours which mitigate the effects of a person’s disability”. This means an assistance animal that has been trained to do at least 3 specific thing that you need, but can’t do because of your disability.” V1.0 27-04-2022 Page 3 of 17 OFFICIAL Page 139 of 153

FOI 24/25-0473 [Research Paper] DOCUMENT 9 OFFICIAL For Internal Use Only The NDIS has taken on a definition recommended by the authors of a 2019 NDIS commissioned report “La Trobe University Report – Key terms for animals in disability assistance roles”. In this report, the authors say: “Assistance animal is defined, building on the definition in the Australian Commonwealth Disability Discrimination Act, as an animal that is trained to perform at least three tasks or behaviours which mitigate the effects of a person’s disability….They must also be trained to a high level of obedience. This enables them to access public spaces that are typically off-limits to animals…” (Howell et al, 2019, p. 7). In this report, Howell et al (2019, p. 12) says: “There are no official regulatory bodies or training standards supported by the Disability Discrimination Act. There are, however, numerous organisations in Australia dedicated to training assistance animals, and breeding/sourcing of animals, training, and accreditation processes differ between these organisations. Some provider organisations fall under an umbrella such as Assistance Dogs International (ADI) or the International Guide Dog Federation (IDGF).” Further in this report, Howell et al (2019, p. 20) advises: the “current legal definition is vague, particularly in Part (C). For this reason, we recommend adopting the standards of umbrella organisations such as ADI or IGDF, when determining whether an animal is sufficiently trained to access public spaces and can perform at least three specific tasks that ‘alleviate the effect’ of the owner’s disability.” Upon communication with Assistance Dogs International (ADI) requesting background information relating to how the organisation developed the definition of AA, I was advised (via email, 27/4/22): “ADI member organisations determined our definitions in the early 1990’s. when ADI was formed. The US American with Disabilities Act (1990) states that a Service Animal must perform at least one task to mitigate a disability. ADI members determined that our standards and definitions should be stronger, so they decided on three tasks to mitigate an individual’s disability.” Communication from Howell regarding the definition of AA stated (via email, 28/4/22): “I do agree with the US law and ADI that it is important that assistance dogs be trained to perform specific tasks that mitigate the impact of the person’s disability. Assistance animals need to be differentiated from emotional support animals (ESA), who require no specific training of any kind. Trained tasks are one way to tell them apart from ESAs. That is why we recommended that tasks be part of the definition of an assistance animal.” This communication from Howell appears to overlook the fact that the Disability Discrimination Act 1992 states an AA must be “trained to assist a person with a disability to alleviate the

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FOI 24/25-0473 [Research Paper] DOCUMENT 9 OFFICIAL For Internal Use Only effect of the disability”. By recommending an animal perform three tasks, it sets the bar higher for an animal to be considered an AA. This may unintentionally exclude some animals from being considered an AA because they perform only one task or behaviour, no matter how significant, that helps alleviate the effect of a disability. Additionally, emotional support animals and therapy animals have no legislative protection and no public access rights which already differentiates them from AAs. A comprehensive search of the Administrative Appeals Tribunal (AAT) outcomes did not reveal any decision made with respect to the stricter definition of AA by NDIS requiring that an AA must perform at least three tasks. However, the condition that an AA was “specially trained by an accredited assistance animal provider” has been successfully challenged. The case between Nottle and National Disability Insurance Agency [2021] AATA 1014 (9 April 2021) related to funding for acquisition, training and maintenance of a hearing assistance dog where the participant, an experienced dog trainer, requested funding for a second assistance dog as her current dog was nearing retirement. Part of the response from NDIS was that Nottle was not proposing to have an accredited trainer for the assistance dog but wanted to take the responsibility of training the dog herself. The only accredited trainer in her region would not allow a second dog at home, which would not allow Nottle to also keep her older assistance dog. The Tribunal found Nottle had the capability to acquire and train the dog herself and determined the NDIS decision be set aside. In another legal case, in the Full Court of the Federal Court between Mulligan V Virgin Australia Airlines Pty Ltd [2015] FCCA 157, Mulligan claimed Virgin Airlines discriminated against him by refusing to allow his assistance dog. The assistance dog had been trained by a dog training school, but not one that was ‘accredited’. The Court found that Virgin’s conduct amounted to unlawful discrimination under the DDA. Specifically, that “an animal may be an AA under the DDA if it has received relevant training, regardless of who has provided that training” (Human Rights Commission, 2016). 4. State and Territory Legislative Requirements

4.1 New South Wales AA in New South Wales are covered by the Companion Animals Act 1998 (NSW). The definition of AA is aligned with the Disability Discrimination Act 1992 (Commonwealth). It is noted that currently neither the Commonwealth nor New South Wales laws provide for the accreditation of AA (Office of Local Government, 2022). The Office of Local Government (2022) highlights that a person with a disability is free to choose how their AA is trained, however the method must allow them to provide proof that the training meets the definition of an AA as per the Companion Animals Act 1998 (NSW)/ Disability Discrimination Act 1992 (Commonwealth). Staff in charge of access to public places and public transport are entitled to request reasonable proof the animal is a genuine AA (Office of Local Government, 2022). Staff may be guided by their organisation’s policies.

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FOI 24/25-0473 [Research Paper] DOCUMENT 9 OFFICIAL For Internal Use Only Councils can request proof an animal is a legitimate AA, which may include evidence: of a disability, the animal is trained to alleviate the disability, and the animal is trained to meet standards of hygiene and behaviour appropriate for an animal in a public place (Office of Local Government, 2022). An animal does not need to be registered with their local council as an AA under the Companion Animals Act 1998 to be permitted access to a public place or public transport (Office of Local Government, 2022). To take an AA on public transport the handler must have an accepted type of accreditation – access can be refused if valid accreditation cannot be produced when asked. Accepted accreditation includes:

  • AA Permit issued by Transport for NSW (Transport for NSW, n.d.) – to obtain a permit an individual needs a medical certificate confirming the disability within the meaning of the Disability Discrimination Act 1992 (Commonwealth), a document showing the AA has been registered with the handler’s local council (where relevant), a colour photograph of the AA, documentation dated within the last 6 months from either an organisation registered with the Transport for NSW (see below), an organisation not registered with the Transport for NSW or the individual themselves detailing the skills and action the animal has been trained to undertake and how these alleviate the effects of the disability, how they meet the appropriate behaviour and hygiene standards for a public place and how the animal is controlled. Current registered organisations include Assistance Dogs Australia, Centre for Service and Therapy Dogs of Australia Pty Ltd, Hans van Heesbeen t/a Service Dog Training, Integra Service Dogs Australia, K9 Tales Pty Ltd, Miracle Assistance Dogs Inc, Personal Assistance Dog Solutions, Pets Education Training Support, Smart Pups Assistance Dogs for Special Needs Children Inc.
  • Accreditation from organisations endorsed by Transport for NSW – Australian Lions Hearing Dogs, MindDog Australia, Guide Dogs Australia and Vision Australia Seeing Eye Dogs (Transport for NSW, 2021).
  • Interstate accreditation recognised by Transport for NSW – Victorian Public Transport AA Pass, WA Department of Local Government Public Access Permit, Queensland Government Handler Identity Card, SA Dog and Cat Management Board Pass, and additional passes accepted in SA (Assistance Dogs Australia Pass, Righteous Pups Australia, Royal Society for the Blind) (Transport for NSW, 2021).

4.2 Victoria The rights of guide dog users is covered by the Disability Discrimination Act 1992 (Commonwealth) and Domestic Animals Act 1994 (Vic), both overriding the Health Act that prohibits dogs from entering food premises (Agriculture Victoria, 2022). The Equal Opportunity

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FOI 24/25-0473 [Research Paper] DOCUMENT 9 OFFICIAL For Internal Use Only Act 2010 (Vic) protects people with disabilities from discrimination, including if they have an assistance dog. Under the Equal Opportunity Act 2010 (Vic), an assistance aid includes an assistance dog that alleviates the effects of a person’s disability. It is considered that if a person is accompanied by an assistance aid, the aid is to be taken as a characteristic of that person. Therefore, treating a person differently due to the presence of their assistance aid is considered discrimination (Equal Opportunity Act 2010 (Vic)). Assistance dogs are required to be; non-aggressive, obedient to the handler, quiet/ no barking, experience in real life situations, calm in confined and crowded spaces, and calm in noisy and stressful situations (Agriculture Victoria, 2022). Victoria does not have a Public Access Test for AA, however it is strongly recommended trainers use the previous requirements as a guide to minimum standards of behaviour and hygiene. To use public transport with an AA, an AA Pass is required (note: guide dogs, hearing dogs and guide dogs in training do not require this pass). To apply, an individual needs to provide information regarding the trainer including their qualifications, AA card number if applicable, description of animal, photograph of the animal, health professional declaration from AHPRA registered professional confirming the AA information is accurate (Public Transport Victoria, 2019).

4.3 Queensland The Guide, Hearing and Assistance Dogs Act 2009 (Qld) aims to assist people with an AA to have independent access to the community and ensure the quality and accountability of guide, hearing and assistance dog training services (Disability Services, 2009). This Act reaffirms an individual’s right of access if they are supported by an AA. The Guide, Hearing and Assistance Dogs Act 2009 (Qld) does not override the rights of the Disability Discrimination Act 1992, therefore even if a dog does not display an approved badge they still have access rights and if a person with a disability feels they have been discriminated against they have the right to lodge a complaint under the Disability Discrimination Act 1992 (Disability Services, 2009). However Part C of the Public Access Test, obtaining a handler identity card, states: “It is a requirement under the Guide, Hearing and Assistance Dogs Act 2009 (Qld) that a person has a Handler Identity Card to identify themselves as a person who is accompanied by a guide, hearing or assistance dog, certified to access public places, places of accommodation and public passenger vehicles.” To clarify the situation, on the 20th April 2022 I called the Queensland Guide, Hearing and Assistance Dogs Office and was advised it was mandatory for assistance dogs to be certified otherwise a person could not take them out in public. When I pointed out that people are protected under the DDA she said dogs must be certified to maintain quality and safety of

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FOI 24/25-0473 [Research Paper] DOCUMENT 9 OFFICIAL For Internal Use Only assistance dogs and assistance dog trainers. However, in resources for businesses provided by the same Queensland Government office it clearly states: “It should be noted that the Commonwealth Disability Discrimination Act 1992 also provides access rights. People from interstate may not have Queensland identification but, in Australia, all people with a disability who are accompanied by a support animal are provided with the right of public access under the DDA, which makes it unlawful to discriminate against a person on the grounds of that person’s disability.” In another resource titled: Legislation and Public Access, it states legislation supporting the rights of people with a disability to have the same access to public places, public passenger vehicles and places of accommodation are the Commonwealth Disability Discrimination Act 1992 and the Guide Hearing and Assistance Dogs Act 2009 (Qld). On 3rd May 2022, I received email confirmation from the Guide Hearing and Assistance Dogs Office, Queensland Government, that “certification of a guide, hearing and assistance dog under Queensland’s Guide, Hearing and Assistance Dog Act 2009 (the GHAD Act) is not mandatory however, it is strongly recommended.” Dogs can be certified under the Guide, Hearing and Assistance Dogs Act 2009 (Qld) if they (Department of Seniors, Disability Services and ATSI Partnerships, 2018):

  • Can perform physical tasks and behaviours to assist a person with a disability in a way that reduces that person’s need for support
  • Can pass a public access test conducted by an approved trainer or institution
  • Are not a restricted breed under the Local Government Act 1994
  • Are desexed and vaccinated
  • Have not been declared a dangerous dog under local law Dogs must pass a public access test to become certified to ensure they are safe to take in public places or public passenger vehicles. A dog that displays aggressive, uncontrolled or unhygienic behaviour will not pass the test (Disability Services, 2009). If an individual or business exercising control of a public place or public vehicle has doubts of an AA authenticity, it is reasonable to ask to see the person’s ID card to ensure the dog is certified under the Act (Disability Services, 2009). There are penalties for people and businesses who do not allow access to certified AA (Department of Seniors, Disability Services and ATSI Partnerships, 2018). A long list of Australia-wide training services approved under the Guide, Hearing and Assistance Dogs Act 2009 (Qld) can be found at Approved Trainers and Training Institutions.

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FOI 24/25-0473 [Research Paper] DOCUMENT 9 OFFICIAL For Internal Use Only 4.4 South Australia Recognition of assistance dogs in South Australia is under the Dog and Cat Management Act 1995 (Sth Aust) (Dog and Cat Management Board, n.d.). There is no recognition for companion dogs, therapy dogs or emotional support dogs. Assistance dogs can only be accredited under the Dog and Cat Management Act 1995 (Sth Aust) by either the Dog and Cat Management Board or the following prescribed accreditation bodies: Royal Society for the Blind, Guide Dogs Australia, Lions Hearing Australia, Assistance Dogs Australia, Righteous Pups Australia, Vision Australia, Australian Veterinary Behaviour Services and Integra Service Dogs Australia (Dog and Cat Management Board, n.d.). To apply for accreditation through the Dog and Cat Management Board, the handler needs to demonstrate the need for an AA, such as medical certificate detailing the disability and how the AA alleviates the effects of the disability, and relevant training of the AA indicating how the dog is trained to alleviate the effects of the disability and meets hygiene and behaviour standards, such as a certificate from a veterinarian or training organisation (Dog and Cat Management Board, n.d.). The Dog and Cat Management Board (n.d.) highlight it is not discrimination to ask a person to leave a public place if they are unable to produce evidence the dog is an AA or if they don’t meet appropriate standards of hygiene or behaviour. Dogs that are accredited under the Dog and Cat Management Act 1995 (Sth Aust) are issued with an identity card that the handler can show when requested. For dogs being claimed as an AA under the Disability Discrimination Act 1992 (Commonwealth), the handler will need evidence of both the need for an AA, such as a medical certificate stating they have a disability and the animal alleviates the effects of the disability, and evidence of appropriate training from a veterinarian or training organisation. The Dog and Cat Management Board can only accredit dogs as an AA. The dog can be any breed but must be trained specifically to alleviate the effects of the disability. A veterinarian must declare the dog physically fit and not dangerous, a nuisance or menace. A dog does not need to be wearing a harness or jacket under South Australian or Commonwealth legislation (Dog and Cat Management Board, n.d.). Dogs accredited interstate are not automatically accredited in South Australia. Individuals need to contact the Dog and Cat Management Board to get information specific to their situation before relocating.

4.5 Western Australia It is not mandatory for an assistance dog to be accredited, however under Commonwealth law the handler of an AA has the onus to prove: they possess a disability, the dog is needed for the disability and the dog is suitably trained to be taken into public areas (Department of Local

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FOI 24/25-0473 [Research Paper] DOCUMENT 9 OFFICIAL For Internal Use Only Government, Sport and Cultural Industries (DLGSCI), 2021). For dogs not formally accredited, the handler may have difficulty proving the dog is a genuine AA and might increase the chance that the dog will be refused entry to public areas. The DLGSCI provides an accreditation system for AA under the Dog Act 1976 (Western Aust). To be approved, the dog and handler must pass the public access test, which is the minimum standard to be considered safe to access public areas and public transport (DLGSCI, 2021). Independent Public Access Test assessors are approved by the government. Once a dog is approved, the dog has an initial 6 month probationary period and then moves onto a 2 year approval. The handler is issued a card to provide evidence upon request that the dog is a genuine AA (DLGSCI, 2021). The card should always be carried by the handler so it can be produced if requested by an authorised person. People with AA trained by the following organisations are automatically granted public access rights under the Dog Act 1976 (Western Aust): Assistance Dogs Australia, Lions Hearing Dogs, Seeing Eye Dogs Australia, VisAbility WA, Royal Guide Dogs Association of Australia and affiliated bodies (DLGSCI, 2021). A dog that is accredited under a law in another state or territory has public access rights in WA under the Dog Act 1976 (Western Aust). People can also choose to train their assistance dog privately. Public access rights for privately trained dogs may be granted on application to the department after the applicant has demonstrated a need for the assistance dog and the dog meets the training criteria (DLGSCI, 2021).

4.6 Tasmania The Guide Dogs and Hearing Dogs Act 1967 (Tas) applies to guide dogs and hearing dogs but not assistance dogs (Department of Premier and Cabinet, n.d.). The Disability Discrimination Act 1992 (Commonwealth) says a person cannot be discriminated against for having an AA or dog, however a person with an assistance dog can be asked to show proof the dog is an AA and trained to meet the standards of hygiene appropriate for a dog in a public place. No further information found with respect to AA training regulations.

4.7 Australian Capital Territory The ACT has a legislative framework within Part 5 of the Domestic Animals Act 2000 (ACT) that allows for AA to be accredited as meeting the ACT’s public access standards. The accreditation is voluntary but clarifies the rights of access for people with a disability who use AA (City Services, n.d.). Once accredited, the Registrar of Domestic Animals may register the AA and issue the handler with an ID card for up to 2 years.

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FOI 24/25-0473 [Research Paper] DOCUMENT 9 OFFICIAL For Internal Use Only The voluntary public access test involves providing evidence of a disability from a medical practitioner, veterinarian declaration that the animal meets health requirements, and a 2-3 hour test conducted by an ACT registered trainer and assessor (City Services, n.d.). Approved trainers are (City Services, n.d.): o Isabela Lisiecka, Wooft Dog Training https://www.wooft.net/ o Jessica McNamara, ABCDOG Training https://www.abcdog.biz/ o Dee-Anne Gunter dalo7@ymail.com o Tessa Stow, K9 Support http://www.k9support.com.au/ o Jessica Torrance, Assistance K9 https://www.facebook.com/assistancek9 o Emelia Wilmot, Paws for Assistance Dog Training https://pawsforassistance.com.au/ A person with accreditation under a recognised organisation or other jurisdiction can apply to have their AA registered by providing evidence of the accreditation without undertaking the public access test (City Services, n.d.). AA accredited by organisations that meet the ACT standards of behaviour and hygiene include (City Services, n.d): Assistance dogs Australia, Australian support dogs, Guide Dogs Australia and their affiliated bodies (NSW/QLD/SA/NT/TAS/VIC/WA), Integra Service dogs Australia, mindDog Australia, Seeing Eye Dogs Australia – Vision Australia, any AA organisation, Australian or International, that is formally recognised by Assistance Dogs International and the International Guide Dog Federation.

4.8 Northern Territory At the time of this research, minimal information regarding AA was found in relation to Northern Territory regulations. The Disability Services Act 1993 (NT) does not reference AAs. Limited council information was located that highlighted assistance dogs are excluded from by- laws relating to registration and restricted areas (Wagait Shire Council, 2019).

  1. Regulations and Accreditation of Assistance Animals Currently in Australia the specific training of AAs is not regulated by Federal, State or Territory law. As per the Disability Discrimination Act 1992 (Commonwealth), there are three pathways that an animal can qualify as an AA. There are a number of training organisations, as mentioned in the State and Territory information and in Section 7, that have automatic approval for their trained assistance dogs. These organisations have a proven track record of training assistance dogs for people with a

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FOI 24/25-0473 [Research Paper] DOCUMENT 9 OFFICIAL For Internal Use Only disability and the dogs meet standards of hygiene and behaviour as outlined in the Disability Discrimination Act 1992. Assistance Dogs International, as described in the report by Howell et al (2019), is an organisation committed to providing minimum standards of training, including public behaviour, and ethical treatment for assistance dogs. ADI members in Australia include: Assistance Dogs Australia, Australian Lions Hearing Dogs, Australian Support Dogs, Guide Dogs NSW/ACT, Guide Dogs Queensland, Guide Dogs SA/NT, Righteous Pups Australia, Royal Society for the Blind, Guide and Assistance Dog Service and Vision Australia Seeing Eye Dogs. For States and Territories that offer an accreditation or certification pathway, including the Victorian Public Transport Pass, assistance dog trainers need to apply to the regulating authority detailing their experience in selecting and training AAs for people with a disability to be a recognised AA trainer. However there does not appear to be a defined ‘standard’ that trainers need to meet in order to achieve this recognition. Evidence that needs to be provided to state and territory bodies includes relevant qualifications, knowledge or experience in dog obedience training and what training methods will be used.

  1. NDIA funding for Assistance Animals A search of the National Disability Insurance Scheme Act 2013 (Cth), National Disability Insurance Scheme (Supports for Participants) Rules 2013 and NDIS Quality and Safeguards Commission does not provide information regarding what is required for an animal to be considered an AA with regards to NDIS funding. Funding criteria for an AA is described in NDIS Our Guidelines (NDIS, 2021):
  • The AA must be trained to do at least 3 specific tasks or behaviours that a participant needs but can’t do because of their disability
  • The AA must meet Reasonable and Necessary support
  • The AA must meet the NDIS Rules for funding a support
  • The provider needs to be an accredited AA provider; the provider may be registered with the NDIS Quality and Safeguards Commission or with the relevant state or territory authority for AAs
  • The AA must pass a public access test so it can become qualified, which should be arranged by the training provider
  • The AA must meet Commonwealth, state and territory laws As detailed in Section 3, the criterion that an AA must be trained by an accredited organisation has been successfully challenged at the Administrative Appeals Tribunal by a participant with dog training experience and also through a legal case against Virgin Australia Airlines.

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FOI 24/25-0473 [Research Paper] DOCUMENT 9 OFFICIAL For Internal Use Only Therefore, while there are clear benefits of using an accredited assistance dog trainer it also provides a risk to the Agency if a suitable alternative is proposed and not funded. The Disability Discrimination Act 1992 (Commonwealth) states there are three pathways for an animal to be recognised as an AA. The State and Territory accreditation pathways are one approach to having a recognised and certified AA. However, as stated clearly by Western Australian and South Australian authorities, having state or territory accreditation does not provide additional protection for people with a disability and not having this accreditation does not remove public access rights for people with an AA. The benefit of having an AA either trained by a recognised training organisation or with state or territory accreditation is that it provides the AA user with a way to easily prove their AA is genuine when they are accessing public spaces. Although not presented as an option in NDIS Our Guidelines, if a participant wanted to take the third pathway of AA recognition as per the Disability Discrimination Act 1992 (Commonwealth) – training the animal themselves to meet their disability needs – they inadvertently increase their burden of proof that the AA is legitimate. As mentioned earlier in this report, it is not discrimination to request proof an AA is genuine and it is not discrimination to prevent an animal from accessing public spaces or public transport if proof cannot be provided. For individuals who do not have a State or Territory accreditation card, or a training card from a recognised organisation, their proof may involve presenting a medical certificate as well as veterinarian certificate that the AA is genuine. As noted in RES 239 Animal Assisted Therapy and Assistance Animals, people with an AA are vulnerable to discrimination when in the community. Therefore, opting for a dog that can easily achieve State or Territory accreditation or that is trained through a recognised organisation may lessen negative interactions experienced by individuals with an AA while in public.

  1. Organisations that train assistance animals The following training organisations are listed on the Federal Government ‘Disability Gateway’ website as being recognised for their expertise in training assistance animals. o Assistance Dogs Australia o Aware Dogs Australia o Guide Dogs Australia o Guide Dogs SA/NT o MindDog o Royal Society for the Blind Guide and Assistance Dogs
  • Guide Dogs

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  • Autism Dogs
  • Operation K9 for Veterans with PTSD

Additional organisations recognised for their expertise in training AAs are listed under each state and territory.

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FOI 24/25-0473 [Research Paper] DOCUMENT 9 OFFICIAL For Internal Use Only 8. References Agriculture Victoria. (2022). Guide dogs, seeing eye dogs and assistance dogs. Victorian Government. Accessed from https://agriculture.vic.gov.au/livestock-and-animals/animal- welfare-victoria/dogs/guide-dogs-seeing-eye-dogs-and-assistance-dogs Companion Animals Act 1998 (NSW). Accessed from https://legislation.nsw.gov.au/view/whole/html/inforce/current/act-1998-087 Department of Premier and Cabinet. (n.d.). Dog Control FAQ. Accessed from https://www.dpac.tas.gov.au/divisions/local government/legislation/current legislation/d og control/dog control faqs Department of Local Government, Sport and Cultural Industries. (2021). Applying for assistance dog approval. Government of Western Australia. Accessed from https://www.dlgsc.wa.gov.au/local-government/community/cats-and-dogs/applying-for- assistance-dog-approval Department of Seniors, Disability Services and ATSI Partnerships. (n.d.). Frequently asked questions – businesses. Accessed 28/4/22 from https://www.dsdsatsip.qld.gov.au/resources/dsdsatsip/disability/guide-hearing- assistance-dogs/facts-faqs-business.pdf Department of Seniors, Disability Services and ATSI Partnerships. (2018). Guide, hearing and assistance dogs. Queensland Government. Accessed from https://www.qld.gov.au/disability/out-and-about/ghad Department of Seniors, Disability Services and ATSI Partnerships. (n.d.). Legislation and public access. Accessed 28/4/22 from https://www.dsdsatsip.qld.gov.au/resources/dsdsatsip/disability/guide-hearing- assistance-dogs/facts-legislation-and-access.pdf Disability Discrimination Act 1992 (Commonwealth). Accessed from https://www.legislation.gov.au/Details/C2022C00087 Disability Services. (2009). Guide, hearing and assistance dogs legislation. Information for businesses. Queensland Government. Accessed from https://www.qld.gov.au/ data/assets/pdf file/0030/216687/ghadogs-businesses- booklet.pdf Disability Services Act 1993 (NT). Accessed from https://legislation.nt.gov.au/en/Legislation/DISABILITY-SERVICES-ACT-1993 Dog Act 1976 (Western Australia). Domestic Animals Act 2000 (ACT). Accessed from https://www.legislation.act.gov.au/DownloadFile/a/2000-86/current/DOCX/2000-86.DOCX

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FOI 24/25-0473 [Research Paper] DOCUMENT 9 OFFICIAL For Internal Use Only Domestic Animals Act 1994 (Vic). Accessed from http://www5.austlii.edu.au/au/legis/vic/consol act/daa1994163/index.html#s7 Equal Opportunity Act 2010 (Vic). Accessed from https://content.legislation.vic.gov.au/sites/default/files/2022-03/10-16a025.docx Guide Dogs and Hearing Dogs Act 1967 (Tas). Accessed from https://www.legislation.tas.gov.au/view/whole/html/inforce/current/act-1967-042 Guide, Hearing and Assistance Dogs Act 2009 (Qld). Accessed from https://www.legislation.qld.gov.au/view/pdf/2013-12-06/act-2009-004 Howell, T., Bennett, P., & Tepper, D. (2019). Key terms for animals in disability assistance roles. Department of Psychology and Counselling, La Trobe University. Access from https://www.ndis.gov.au/media/2542/download Human Rights Commission. (2016). Assistance animals and the Disability Discrimination Act 1992 (Cth). Accessed from https://humanrights.gov.au/our-work/disability- rights/projects/assistance-animals-and-disability-discrimination-act-1992- cth#:~:text=There%20is%20local%20government%20legislation%20providing%20for% 20animals,dog%20meets%20certain%20standards%20of%20behaviour%20in%20publi c.?msclkid=ca60d9c9aafd11ec81bbb5ee89c69229 National Disability Insurance Scheme. (2021). Assistance animals including guide dogs. Accessed from https://ourguidelines.ndis.gov.au/media/1566/download?attachment National Disability Insurance Scheme Act 2013 (Commonwealth) accessed from https://www.legislation.gov.au/Details/C2013A00020 National Disability Insurance Scheme (Supports for Participants) Rules 2013. Accessed from https://www.legislation.gov.au/Details/F2013L01063 National Disability Insurance Scheme Quality and Safeguards Commission. (n.d.). Accessed from https://www.ndiscommission.gov.au/ Office of Local Government. (2022). Assistance Animals. New South Wales Government. Accessed from https://www.olg.nsw.gov.au/public/dogs-cats/responsible-pet- ownership/assistance-animals/?msclkid=fa3e4b3cb0d511ecac933256283c0d0b Public Transport Victoria. (2019). Assistance Animal Pass. Victorian Government. Accessed from https://www.ptv.vic.gov.au/assets/default-site/tickets/myki/concessions-and-free- travel/assistance-animal-pass/6c06e5093f/Assistance-Animal-Pass-Accessible-Version- Effective-November-2019.docx Transport for NSW. (2021). Assistance animal policy. New South Wales Government. Accessed from https://transportnsw.info/document/5511/transport for nsw assistance animal policy.p df

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For Internal Use Only

Transport for NSW. (n.d.). Apply for an assistance animal permit. New South Wales Government. Accessed from https://transportnsw. info/tickets-opal/ticket-eligibility-

concessions/people-with-disabilities/apply-for-assistance-animal

Wagait Shire Council. (2019). Dog Management by-laws. Accessed from https://legislation.nt.gov.au/api/sitecore/SubordinateLegislation/Word?id=5372B

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