National Principles for the regulation of Assistance Animals – Consultation Questions

The Department of Social Services (the department) would like to know your thoughts about the National Principles for the regulation of Assistance Animals.

Your feedback will help improve the Assistance Animal Principles and guide our future work.

If you have not read the consultation paper, you can access it here: Consultation paper. There is an Easy Read version and an Auslan translation available.

Background

The draft Assistance Animal Principles were developed based on public consultation that took place in 2021.

We are asking some questions about the Assistance Animal Principles to make sure we got them right. These questions will ask you about each principle and what you think of it.

We will also ask some questions about you, like if you have a disability and which state you live in. This information helps us understand the sort of people who have answered and are interested in the Assistance Animal Principles.

You can skip any of these questions if you want to.

Written submissions

If you would like to attach a written submission or other supporting information, you will be able to add it at the end of these questions. You can decide if the written submission should be private or public.

Privacy Notice

I understand that by completing this questionnaire, I consent to the Department of Social Services (DSS) collecting and handling my personal information in accordance with the Privacy Notice.

About you

Please do not provide information about another individual who is identified (or reasonably identifiable) without first getting their informed consent. Informed consent means that the consent must be current, specific, voluntary, and be given by a person with capacity to consent. More information about consent can be found on the Office of the Australian Information Commissioner’s website.

Questions about the National Principles

In this section, we will ask what you think about each draft principle. You can say how much you agree or disagree, and you can also provide any other thoughts, ideas or feedback you have.

1. Nationally consistent accreditation requirements for assistance animal trainers and/or training organisations

Nationally consistent accreditation will ensure that trainers (and the assistance animals they train) are recognised and accepted across Australia. Accreditation requirements should recognise the complexity of animal training. This includes the need for a good match between the animal user and the animal, considering the user’s needs.

Without national consistency, assistance animal trainers may be inclined to operate only in some areas based on their preferred training criteria. While mainstream businesses may seek to only recognise animals trained to higher standards.

Animal users may also get an animal in good faith only to learn that it does not meet requirements in their area.

2. Minimum assistance animal training standards

Minimum training standards would:

• provide the sector with confidence and consistency
• help ensure assistance animal users can make informed choices about their supports from a range of trusted trainers
• assure businesses, the public, and assistance animal users that assistance animals are appropriately trained and safe in public.

3. A single national Public Access Test (PAT) for assistance animals

A Public Access Test (PAT) is when an assistance animal must do a number of tasks safely and without distraction. PATs show that assistance animals have been appropriately selected and suitably trained to remain under control and behave predictably in public, such as on trains and in shopping centres. All accredited assistance animals should be able to do a PAT and other training requirements.

Assistance animals should be reassessed regularly. This would ensure the animal continues to meet public standards of behaviour. It would also provide an opportunity to identify any animal welfare concerns.

4. Evidence of disability and a need for an assistance animal

Section 54A(5) of the Disability Discrimination Act 1992 establishes that it is not discriminatory to ask a person with disability to show evidence that the animal is an assistance animal. Currently, there is no guidance on the suitable type of documentation, and each state and territory sets their own requirements. Consistent evidence requirements across Australia will ensure that all assistance animal users can expect equal and fair treatment.

Respondents to the 2021 consultation were concerned about businesses asking assistance animal users to provide evidence. To address these concerns, evidence should establish that the assistance animal user has a disability, and that the animal has been trained to support the person. Ensuring that this evidence is only collected once, when the animal is matched with their user, will remove the need for businesses to do any separate check.

5. National identity card and logo

Consistent national branding will give assistance animal users the confidence that their right to have the animal with them will be recognised and upheld. A single card recognised across Australia will simplify messaging, and help ensure businesses understand and comply with access requirements. By providing a clear ‘official’ indicator, a national card will also help provide certainty that animal users have a right to their animals, counteracting anecdotes of ‘fake’ assistance animals.

The national identity card will be available to users who need an assistance animal and provide appropriate evidence that their assistance animal:

• is trained to the agreed standards
• has passed the Public Access Test
• will help them to overcome barriers to access the community.

6. Animal welfare

Assistance animals have the same protections as all animals, set out in state and territory animal welfare legislation. Ensuring positive animal welfare outcomes includes:

• choosing a suitable individual animal
• the use of humane, reward-based training and handling practices
• appropriate care
• ensuring that the animal is only required to provide help consistent with their abilities and training.

Species and breed selection is an important part of assistance animal welfare. An animal must be able to manage all circumstances and public spaces. For instance, a small animal could be in danger in large crowds, or a large animal may not be able to be appropriately accommodated in all public situations. Also, appropriate handling practices could include a limit of one animal per user when travelling on public transport.

Nationally consistent messaging about animal welfare will also help ensure that anyone getting an assistance animal has a realistic understanding of their abilities and limits. This would also cover their responsibility to provide an appropriate level of care that meets the physical and mental needs of their chosen animal. This would include preparing for the animal’s welfare when they have come to the end of their life as an assistance animal.