Medical Facilities: 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 medical facility (including staff and security) to refuse access to an Assistance Animal in most circumstances.

Establishments may include:

  • General practitioner (GP) offices
  • Allied health professionals and facilities, such as speech pathology, psychology or occupational therapy
  • Medical professionals and practitioners, such as surgeons and specialists
  • Mental health centres, such as counsellors
  • Dentists
  • Hospitals
  • Medical centres
  • Urgent care clinics
  • Maternal health clinics
  • Rehabilitation centres
  • Imaging centres e.g. x-ray
  • Pathology centres e.g. blood collection
  • Pharmacies and chemists
  • Palliative care and hospice
  • Long-term care facilities
  • Other medical facilities accessible by members of the public

Assistance Animals are excluded from entering sterile surgical suites (e.g. operating theatres), quarantine areas (e.g. infectious disease ward) and safety exclusion zones (e.g. radiation area). Assistance Animals are also excluded from entering food preparation areas, such as a hospital kitchen/

Remember that it is unlawful and/or illegal to:

  • Bypass, ignore, refuse or defer an application for an appointment due to an Assistance Animal.
  • Place terms or conditions on a patient 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 medical benefits, such as use of dental vouchers, due to presence of an Assistance Animal.
  • Apply bylaws or policies prohibiting pets.
  • Refuse access to medical services due to the Assistance Animal.
  • Harass, victimise or subject a patient 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.

 

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