Black Labrador puppy lies down on a colourful mosaic bench

Where can an Assistance Dog go?  Assistance dogs, when accompanied by the disabled person that they have been trained to assist, are entitled to access areas that a pet dog would not normally be allowed e.g. shops, restaurants, taxis, theatres and other public areas.

Can an Assistance Dog be refused entry? Assistance Dogs may be refused entry to hospital intensive care units, quarantined areas, and food preparation areas.  Assistance Dogs do not have the right to enter privately owned premises without permission.

Can an Assistance Dog be asked to leave? It is not discrimination to ask a person with a dog to leave a public place if they are unable to produce evidence that their dog is an Assistance Dog, if the Assistance Dog is suspected of having an infectious disease or if the Assistance Dog does not meet appropriate standards of hygiene or behaviour.

Can I put an Assistance Dog vest on my pet dog so I can take it into shops? It is an offence to claim that a dog is an Assistance Dog unless it is accredited under the Act or covered by the Disability Discrimination Act 1992.  Maximum penalty: $1,250.  Expiation fee: $210

Can I have an Assistance Dog just for emotional support?

Providing comfort and support, while beneficial, is not considered to be a Task and does not qualify a dog to be an Assistance Dog. An Assistance Dog must be individually trained in work or tasks which directly mitigate the effects of the qualifying disability i.e. the dog must do something that the person is unable to do for themselves because of their disability, that will help them with daily living. 

Does an Assistance Dog need to undergo a Public Access Test?  The Public Access Test (PAT) establishes a minimum standard for an assistance dog’s behaviour in a public area under state and federal law. An Assistance Dog does not need to undertake a Public Access Test provided that the dog meets the criteria of Assistance Dog under the Disability Discrimination Act 1992. However, it can assist with access challenges if the handler can produce a valid Assistance Dog ID card. Some places and organisations (Colleges, Employers) may require the dog to have formal Accreditation as it provides evidence that the dog is suitably trained.

What rights does an “In Training” Assistance Dog have? Dogs that are “In Training” have no legal rights to access. You cannot simply put an “In Training” vest on your dog and take it into shopping centres etc. Until a dog meets the minimum standards required under the Disability Discrimination Act 1992, (trained to assist a person with a disability to alleviate the effect of the disability and to meet standards of hygiene and behaviour that are appropriate for an animal in a public place) it has no more rights than a pet dog.

Does my Assistance Dog need to wear an identification jacket or vest? There is no legal requirement that an assistance dog must wear this type of identification. Some handlers may feel that a vest may reduce access challenges and avoid people bothering the dog while it is working. This is not necessarily the case, and it may actually attract more attention. Most dogs quickly come to understand that their jacket means they are “working”, and it can be easier for the dog to settle when in their jacket. Assistance Dogs need down-time, so they can relax and just “be a dog”, so if a jacket is used it should be removed when the dog is having free time at the park or beach. I suggest introducing a simple “In Training” patch or vest only once your dog reaches an appropriate standard of behaviour and is ready to start preparation for Public Access Training.

Why Do I Need Public Liability Insurance For My Assistance Dog? The owner of an Assistance Dog is solely liable for any damage to persons, premises, or facilities  caused by that Assistance Dog. It can be extremely costly if your dog causes damage and the injured party sues for costs. Before commencing training in public places, I require handlers working under my guidance to provide evidence of Public Liability Insurance. For pet-friendly public places, your dog may be covered under your household insurance, or pet insurance. However you will need additional cover if your dog if your dog is working in Public Access locations (places where normal pets can’t go).

Can I Fly With My Assistance Dog? Assistance Dogs do not automatically qualify for in-cabin travel on aircraft as the relevant legislation is the Civil Aviation Regulations 1988, 256A.  Each airline has their own policies relating to the requirements for Assistance Dogs and whether they will accept dogs for in-cabin travel. If you are planning to travel with an Assistance Dog, you need to make enquiries with the individual airline before booking.

Black Labrador puppy with it's head tilted to one side sits on a rock and looks at the camera