Accreditation For Service Dogs In Nsw

[Jigsaw]

How does one get your owner trained service dog accredited in NSW?

I've been contacted by someone who's trained their own dog and previously had no problems with entering premises but was recently refused entry as the dog was not accredited. The owner now wants to accredit their dog so it may accompany them and have full public access. Owner states that providing medical certification is not a problem.

I'm now trying to find out for them how you can do this with an owner trained dog in NSW but keep drawing blanks from both phone and internet searches. Can the collected wisdom of DOL assist me???

Edited September 28, 2011 by Jigsaw

[Dxenion]

These are some legislative references for you:

NSW Companion Animals Act 1998 states that an Assistance Animal is defined under the federal Disability Discrimination Act 1992 Section 9 Paragraph 2. For your purposes, the applicable reference under Paragraph 2 is Point c:

http://www.austlii.edu.au/au/legis/cth/consol_act/dda1992264/s9.html

(2) For the purposes of this Act, an assistance animal is a dog or other animal:

(a) accredited under a law of a State or Territory that provides for the accreditation of animals trained to assist a persons with a disability to alleviate the effect of the disability; or

(b) accredited by an animal training organisation prescribed by the regulations for the purposes of this paragraph; or

(c ) 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.

In NSW, the dog does not need to be accredited for public access.

Having estabilished what is defined as an AD under the DDA, the NSW Companion Animals Act Part 6 Section 59 states:

http://www.austlii.edu.au/au/legis/nsw/consol_act/caa1998174/s59.html

59 Person with a disability entitled to be accompanied by assistance animal

(1) A person with a disability is entitled to be accompanied by an assistance animal being used bona fide by the person to assist the person, into or onto any building or place open to or used by the public or on any public transport.

Also under Part 6, Section 60:

http://www.austlii.edu.au/au/legis/nsw/consol_act/caa1998174/s60.html

60 Assistance animal not to be denied entry

(1) An occupier or person in charge or control of a building or place open to or used by the public or a person in charge or control of any public transport must not, without reasonable cause, refuse to permit a person to take an assistance animal into or onto, or while accompanied by an assistance animal to enter or be in or on, that building or place or public transport if the person has a disability and is using the animal bona fide to assist him or her.

Now, it is important to be aware that service providers have the legal right under DDA Section 54A Paragraph 5 to ask:

http://www.austlii.edu.au/au/legis/cth/consol_act/dda1992264/s54a.html

(5) This Part does not render it unlawful for a person to request the person with the disability to produce evidence that:

(a) the animal is an assistance animal; or

(b) the animal is trained to meet standards of hygiene and behaviour that are appropriate for an animal in a public place.

This means that the person with a disability handling the dog will need to be able to prove that the dog is an AD and is trained for public access. There are a number of ways you can do this.

Hope this helps.

Edited September 28, 2011 by Dxenion

[Jigsaw]

Thank you very much Dxenion, that clarifies the matter somewhat. I have rung several disability agencies in NSW today and no one seemed to have any understanding as it's obviously not something that is asked frequently!

So any suggestions on how to prove that the dog is an AD and is approved for public access? So if they're asked for proof when in the public they can provide it?

[Dxenion]

Thank you very much Dxenion, that clarifies the matter somewhat. I have rung several disability agencies in NSW today and no one seemed to have any understanding as it's obviously not something that is asked frequently!

So any suggestions on how to prove that the dog is an AD and is approved for public access? So if they're asked for proof when in the public they can provide it?

PM sent