Employment: 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 employer (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 staff member undertaking research in a sterile laboratory may be offered an alternative location to leave their Assistance Animal whilst they are in attendance.
Assistance Animals are excluded from entering food preparation areas, such as a staff kitchen. They are also excluded from entering quarantine areas (e.g. a laboratory containing infectious disease) and safety exclusion zones (e.g. radiation area).
The following applies to both employees and contractors, and extends to unions and associations.
Remember that it is unlawful and/or illegal to:
- Bypass, ignore, refuse or defer an application for employment due to an Assistance Animal.
- Refuse to extend, revoke or withdraw offers or employment or promotion due to the Assistance Animal.
- Deliberately develop a candidate or training assessment do exclude a person with 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 or only within a certain areas of the premises.
- Deny the use of staff benefits, such as use of a gym or pool, due to presence of an Assistance Animal.
- Apply bylaws or policies prohibiting pets.
- Refuse access to staff services due to the Assistance Animal.
- Harass, victimise or subject a person to detriment them 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.
