Education: 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 educational institute (including staff and security) to refuse access to an Assistance Animal in most circumstances.
It is considered best practice to accommodate the Assistance Animal where possible and make alternative arrangements as needed. For example, a student undertaking a postgraduate biochemistry course in a sterile laboratory may be offered an alternative location to leave their Assistance Animal whilst they are in attendance.
Where the handler is a student under 16 years of age, a Secondary or Alternate Handler should be appointed to support the Primary Handler in caring for and working with their Assistance Animal.
Establishments may include:
- Childcare centre
- Pre-school
- Primary or high school
- Public or private school
- After-school care provider
- University
- Registered training organisation (RTO), such as TAFE
- Museum or science centre
- Language schools
- Special education centres
- Art, music and dance schools
- Religious schools and seminaries
- Tuition centres
- Other educational institutes accessible by members of the public
Assistance Animals are excluded from entering food preparation areas, such as a university student kitchen. They are also excluded from entering quarantine areas (e.g. a laboratory containing infectious disease) and safety exclusion zones (e.g. radiation area).
Remember that it is unlawful and/or illegal to:
- Bypass, ignore, refuse or defer an application for study due to an Assistance Animal.
- Refuse to extend, revoke or withdraw qualifications due to the Assistance Animal.
- Deliberately develop a curriculum or assessment do exclude a student with an Assistance Animal.
- Place terms or conditions on a student 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 or only within a certain areas of the premises.
- Deny the use of student benefits, such as use of a student gym, due to presence of an Assistance Animal.
- Apply bylaws or policies prohibiting pets.
- Refuse access to educational services due to the Assistance Animal.
- Harass, victimise or subject a student 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.
