Community Law Reform Assistance Animals Final Report 16

Conclusions

5.44 The commission believes the current guide dog provisions should be removed from the DFNAA. These should be replaced with a new Act—The Assistance Animals Act. Having a stand alone Act will help with community awareness as well as providing a more appropriate vehicle for establishing the regulatory scheme.

5.45 It should be noted that the effect of repealing section 7 of the DFNAA (the guide dog provision) is to remove the current absolute right to be accompanied by a guide, including a hearing dog "at all times and in all places".

5.46 It would also remove guide dogs from the exemption provisions of the DFNAA. Therefore, some exemptions, for example from local council dog registration fees, will need to be re-stated in the DFNAA. Recommendations to that effect will follow later in this report.

5.47 In regards to the three options discussed above, the commission recognises that the DPI may not currently have experience in disability issues. We also understand that the DHS does not have expertise in animal management. However, the Victorian Government has a whole of government commitment to people with disability. All government agencies share this responsibility.

5.48 While both DPI and DHS may need assistance in developing capacity in the field of assistance animal trainer accreditation, inaction will mean that people with a disability who use assistance animals will continue to suffer. Because current legislation is silent on quality standards for assistance animals and their trainers, people with disability currently fall between the legislative cracks. This situation is unsatisfactory.

5.49 Having considered the feedback from consultation our preferred option is that the Minister for Community Services should be responsible for the legislation. Administrative responsibility for the accreditation scheme would rest with DHS. The synergies between DHS responsibilities towards people with disability, its knowledge base about best practice in disability services and its organisational commitment to inclusion, commend DHS as the logical administrative point for regulation. In addition there is clear support from people with disability for the department to have this role. For these reasons it is the commission's preferred option.

5.50 The suggestion that DHS take responsibility was raised late in consultation and was not canvassed in the commission's consultation paper. Formal consultation with DHS has not yet been possible. This will need to take place before the government determines on who should have ministerial responsibility for accreditation.

Recommendations

12. That section 7 of the Domestic (Nuisance and Feral) Animals Act 1994 be repealed.

13. That a new law—"the Assistance Animals Act" be enacted to establish a regulatory scheme for the training and identification of assistance dogs in Victoria.

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Should there be an advisory committee?

5.51 There was general consensus that there should be ministerial responsibility for the accreditation process.³¹⁶ However, during consultation some discussion centred on the establishment of a committee or panel from which the Minister might seek advice about which trainers should be accredited.³¹⁷

5.52 The panel model features in the Queensland consultation draft Bill and was strongly advocated by Guide Dogs Victoria, Seeing Eye Dogs Australia, disability advocacy organisations and guide dog users.³¹⁸

5.53 There was some disagreement as to the role and scope of such a panel. Some envisaged the panel's role as advising on applications and assisting in the development of standards.³¹⁹ Others also saw it as contributing to industry development, particularly in providing for the full spectrum of disabilities.³²⁰ Some were less sure of the panel's responsibility, but were nonetheless supportive of the potential benefits a panel may present.³²¹ Although, concern was expressed regarding having a panel that might duplicate the assessment process that already occurs within international organisations.³²²

5.54 The commission considers there is significant value in the Minister establishing an advisory panel from which he or she may seek advice on complex applications for accreditation, industry development issues and animal behaviour standards.

5.55 This panel should include disability consumer representatives, people with expertise in assistance dog training, animal welfare and behaviour experts and disability peak bodies. People with non-sensory disabilities should be adequately represented. The Department of Primary Industries, Bureau of Animal Welfare should also be included to ensure consistency on issues of responsible animal ownership and animal welfare. In the event that DPI is responsible for the administration of the accreditation scheme, DHS should be a member of the advisory panel.

Recommendation

14. That the Minister for Community Services establish an advisory panel. The functions of which include providing advice on industry development issues, training standards and accreditation. Membership should include disability consumer representatives, people with expertise in assistance dog training, animal welfare and behaviour experts and disability peak bodies.

Accrediting Trainers

5.56 There was a strong view that an accreditation scheme is crucial to ensure high-level training standards and consistent, quality service provision for people with disabilities.³²³ It was felt that accreditation would help to protect the good reputation of existing establishments as well as set the standard for new and emerging organisations. This in turn would enhance public confidence in the quality of assistance animals.³²⁴

5.57 Some were opposed to the adoption of an accreditation system.³²⁵ There was a concern that an accreditation scheme might create barriers.³²⁶ Some organisations, while supportive of accreditation were mindful that any scheme should not be overly bureaucratic or create cost obstacles.³²⁷

5.58 However, most thought accrediting trainers was a good idea, including consumers, major training organisations and government agencies.³²⁸ Significant support came from transport operators.³²⁹ The hospitality industry also supported accreditation.³³⁰

5.59 The substantive policy issues related to an accreditation scheme include:

● Whether to include private trainers and self trainers or limit the scheme to organisations only

● Whether to rely on accreditation by a recognised international body as the basis for accreditation in Victoria, or require additional local accreditation standards.

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