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Discrimination against a self-trained assistnce dog with no Australian public access photo id card.
Within the Australian Disability Discrimination Act 1992 (hereafter),
under Section 11 Unjustifiable Hardship. It is illegal to discriminate
against the dog handler & their guide, hearing, or assistance dog
if they meet the health and behavioural standard requirements to
enter Australin public areas, and do not hold the required Australian
public access photo id card to access Australian public areas.
Queensland is the only state or territory to have legislation covering a guide, hearing or assistance dog which derived their behavioural & health standards
as outlined in the disability discrimination Act 1992.
If you are a Queensland resident only you must having your guide, hearing or assistance accredited through a Queensland government approved training provider to gain access to Queensland public areas with exceptions where
hygiene standards must be maintained.
In other Australian states or territory there are many professional training providers who can assist with the training and accreditation of a guide, hearing
or assistance dogs based on the Australian behavioural & health standards to
enter Australian public areas and can issue an Australian public access photo id cards giving the dog handler & their guide, hearing or assistance dog access to
Australian public areas.
Queensland Guide, Hearing & Assistance Dog ACT 2009 (hereafter)
Queensland is the only Australian state or territory to have legislation specifically covering either a guide, hearing or assistance dogs. The Act was derived from the Commonwealth Government Disability Discrimination ACT 1992 (hereafter) in 2009. The dog handler & their assistance dog in Queensland must obtain their accreditation through a Queensland approved training provider.
What is an assistance dogs under the Act?
Assistance dogs are trained to perform a range of tasks and behaviours for people with a disability. Assistance dogs can also be trained to help people with post-traumatic stress disorder, to access and participate in the community. Some assistance dogs know more than 50 assistive tasks.
Assistance dogs assistive tasks are specifically trained to assist people in their everyday lives, including:
You may need an assistance dog if you have a disability and need support to live more independently and access public places, public passenger vehicles, or rental
or holiday accommodation in Australia.
Protection under the Guide, Hearing and Assistance Dogs Act 2009
In Queensland, the Guide, Hearing and Assistance Dogs Act 2009 protects the public access rights of dogs and their handlers that have been through a certification process. To gain certification, you must work with one of the following approved trainers or training institutions to train your dog and complete the public access test and certification process. You may then request the trainer to obtain a handler identity card for you, and a blue and white cloth badge for your guide, hearing or assistance dog to display on its coat or harness.
NSW Companion Dog ACT 1998 (hereafter)
What is an assistance dogs under the Act?
Under the NSW ACT an assistance animal means an animal referred to in section 9 (Disability discrimination—guide dogs, hearing assistance dogs and trained animals) of the Disability Discrimination Act 1992 of the Commonwealth, but does not include a working dog.
Under this Act it is illegal to discriminated against dog handlers with either a guide, hearing or assistance dog where the dog handler has trained their own guide, hearing or assistance dog to meet the Australian required behavioural & health standards as outlined in the Acts to enter Australian public areas.
Due to financial hardship the dog handler was not able to pay for a training provider and do not hold an Australian public access photo id card as they are only issued through a training provider.
Under the Australian Commonwealth Disability Discrimination Act 1992 it is illegal to discriminated against a dog handler with a guide, hearing, or assistance dog
by refusing access to Australian or international public areas
Under the Australian Commonwealth Disability Discrimination Act 1992 it is illegal to discriminated against a dog handler with a guide, hearing, or assistance dog
by refusing access to Australian or international public areas
i. Who can provide training to aid with assistance dog accreditation?
Any dog training provider can aid in the accreditation of the dog handler & their assistance dog (The Team) as long as the training provided meets the Australian health and behavioural standard requirements for The Team to gain access into Australian public areas. Best practice standards are outlined within the Queensland GHAD ACT 2009 (hereafter), and assessed through the Queensland Public Access Test (PAT).
Queensland residents notice: Queensland residents must use a Queensland government approved dog training provider.
Other state and territories: assistance dogs are cover under Companion Dog ACTS and refer back to the Commonwealth Disability Descrimination Act 1992 (hereafter) to cover guide, hearing, and assistance dogs.
ii. Queensland Public Access Test (PAT)
The Team must undertake a Queensland PAT to gain access into Australian public areas. First 12-months The Team will undertake Queensland PAT every 4-month and are classified as 'In-training' for the full term, then undertake a Queensland PAT every 3-years. If The Team achieves a PASS in each Queensland PAT undertaken the assistance dog training provider will issued The Team with an Australian public access photo id card for a specific period of time, plus either a coat or badging to be displayed on the dog harness indentifying the dog is an assistance dog.
SPW assistance dog clients will undertake an annual Queensland PAT, this allows SPW training & assessment co-ordinator who assesses The Teams PAT video assessment tasks a chance to monitor either the changes in the dog handlers' health and behvioural needs and/or that of your assistance dog. This gives the SPW training & assessment co-ordinator the means to adjust the assistance dog's assistive tasks to meet the dog handlers' current level of need, improving the dog handlers' quality of life straight away, instead of in a few years time.
PAT - assistive task assessment requirements
Outlined within the GHAD ACT 2009, an assistance dog must also complete 1-assistive task on behalf of the dog handler which the dog handler is unable to complete themselves due to their disability. For example: mobility support - is where the assistance dog is trained to collect items on behalf of the dog handler.
Assistance Dogs International behavioural standards require their assistance dogs to complete 3-assistive tasks on behalf of the dog handler. SPW assistance dog accreditation program meets the higher behavioural standards where SPW assistance dogs will complete a minimum of 2-assistive tasks (SPW prefer 3+ tasks), as part of each Queensland PAT undertaken.
Below are assistive tasks support heading, explanation of what they do, with examples of an assistive task the assistance dog will do on behalf of the dog handler due to their disability:
SPW believes this is the most important role of an assistance dog, as a person living with a disability has an assistance dog to help support them through their daily lives. A trained assistance dog will show emontional support through alerting a person with psychiatric illness to move away from a situation that increases symptoms, by placing their head, paw or barking to get the dog handlers attention, distracting the dog handler's thought process making them feel calmer.
A person living with a disability may feel unsafe when in public areas such as when standing in a line or at an ATM, a trained assistance dog will sit or stand behind the dog handler creating distance between the dog handler and the person standing behind, making the dog handler feel a little more secure.
A person living with a disability may not be able to collect items off the floor a trained assistance dog will collect these items on behalf of the dog handler, improving their daily quality of life.
A person with a disability may have to take daily medication at a particular time each day, a trained assistance dog can alert the dog handler by placing their head, paw or barking to get the dog handlers attention reminding the dog handler they need to take their medication, ensuring they never misses out on their vitail medications.
The dog handler will discuss with their medical practitioner 2 or more assistive tasks that would best improve the dog handlers quality of life. The medical practioner will then write these assistive tasks on Dog Handlers' Health Check Form found under 'Agreements & Forms' section of this website. SPW training & assessment co-ordinator will discuss with the dog handler these assistive tasks, and the dog handler will choose 2 or more assistive tasks that they feel would improve the quality of daily life.
iii. Australian legal requirements for a dog handler & their assistance dog when in Australian public areas
When The Team achieve a PASS in a Queensland PAT your training provider will issue the dog handler with an Australian public access photo id card for a specific period of time. The dog handler is required to carry the card when their assistance dog is working in Australian public areas.
An assistance dog must be easily recognisable as a working assistance dog when in Australian public areas. The assistance dog must either wear a coat or display badges on either side of the assistance dogs harness informing the public the dog is a working assistance dog, badging must also display the assistance dog training providers business name. SPW issues badges instead of a coat due to hot weather in Australia, looking after your dog’s health.
iv. Who advocates on behalf of the dog handler & their assistance dog?
Under the Queensland GHAD ACT 2009 (hereafter) the assistance dog training provider is responsible for all The Teams advocacy, whether its support because The Team have been refused entry into an Australian public area or a support letter, your training provider is responsible 24-hours a day, but training providers are not always available 24-hours a day.
SPW is a proud sponsor of GHA Dogs Foundation 24-hour advocacy support line for guide, hearing, and assistance dog handlers &/or business support.
Link below: Queensland Public Access Test assessment form used by SPW to assess The Team to gain access into Australian public areas
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