Hospitality & Food: Know Your Rights

Hospitality & Food: 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 a hospitality proprietor (including staff and security) to refuse access to an Assistance Animal in most circumstances.

Establishments may include:

  • Cafes
  • Restaurants
  • Pubs
  • Bars and clubs
  • Distilleries, breweries and wineries
  • Food courts and markets
  • Food trucks
  • Banquet halls and event venues
  • Supermarkets
  • Delis, fishmongers and butchers
  • Other venues open to the general public

Assistance Animals excluded from entering food preparation areas, such as a restaurant kitchen or a student meal kitchen.

Remember that it is unlawful and/or illegal to:

  • Bypass, ignore, refuse or defer an application for membership due to an Assistance Animal.
  • Place terms or conditions on a patron 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 or only within a certain areas of the premises.
  • Deny the use of hospitality-related benefits, such as use of a club gym or pool, due to presence of an Assistance Animal.
  • Apply bylaws or policies prohibiting pets.
  • Refuse the sale of food, table service or use of facilities.
  • Harass, victimise or subject a patron 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.