Animal Care Facility: Know Your Rights
An Assistance Animal has legally protected Public Access Rights.
It is illegal and/or unlawful to deny or prevent entry, except in certain, limited circumstances.
An Assistance Animal is any animal that is specially trained to support a person with a disability by performing specific tasks that help them manage daily life. Under the Disability Discrimination Act 1992 (Cth), assistance animals have protected rights to accompany their handlers in places where pets are prohibited. Assistance Animals meet high standards of hygiene and behaviour.
It is unlawful for an animal care facility (including staff and security) to refuse access to an Assistance Animal in most circumstances. However, such establishments are able to require proof of hygiene (e.g. vaccination) and behaviour prior to entry.
Establishments may include:
- Zoos and captive animal facilities
- Circuses
- Veterinary clinics
- Aquarium and marine park
- Boarding kennel or cattery
- Agriculture zone at a school or university
- Farm sanctuary
- Equestrian centres
- Wildlife clinics
- Working farms
- Pounds and shelters
- Animal foster carers
- Quarantine facilities
- Research laboratories
- Pet shops
- Other places accessible by members of the public
Assistance Animals are excluded from entering quarantine areas (e.g. a working poultry farm), sterile surgical suites (e.g. research laboratory, veterinary operating theatre) and food preparation areas (e.g. zoo kitchen). T
he type of facility will determine what protocols may be necessary to allow the Assistance Animal to safely attend. For example, zoos may require proof of vaccination.
Remember that it is unlawful and/or illegal to:
- Bypass, ignore, refuse or defer an application for entry due to an Assistance Animal.
- Place terms or conditions on a person due to them having an Assistance Animal.
- Require the payment of a pet deposit for an Assistance Animal.
- Require that an Assistance Animal be left outside, at home, transported in a certain way or only allowed within a certain areas of the premises.
- Deny the use of visitor benefits, such as use of a pool, due to presence of an Assistance Animal.
- Apply bylaws or policies prohibiting pets.
- Refuse access to services due to the Assistance Animal.
- Harass, victimise or subject a handler to detriment due to having an Assistance Animal.
- Prevent the handler making minor or temporary adjustments to the property to accommodate an Assistance Animal, or to require that they seek prior approval. For example, allowing the animal to drink water.
- Require that an Assistance Animal is registered under state/territory law.
There is no legal requirement for handlers to request permission for an Assistance Animal to accompany them.
Handlers remain responsible for any damages caused by the Assistance Animal.
For further information and direct access to Australian law, please scan the QR Code.
