Community Law Reform Assistance Animals Final Report 16

Community Education

7.19 During consultation, many people said that community education is absolutely vital if the commission's proposed reforms are to be effective. This was a significant concern for both service providers and consumers.⁴⁹¹

7.20 Blind Citizens Australia noted that "[d]espite the EOA's release in 1995 and the DDA in 1992, many businesses, particularly small businesses, are unaware of their obligations under the Act".

7.21 Some people conflated the issues of refusal to allow an assistance animal with cultural issues, including religious perspectives on the cleanliness of dogs. This was often based on media portrayals of the taxi industry. The commission notes that the Department of Transport "Taxi Customer Rights & Responsibilities" clearly state that customers have the right to be accompanied by a guide or hearing dog.⁴⁹² This is displayed in every Victorian taxi.

7.22 The Disability Discrimination Legal Service was mindful of cultural issues and the need to resolve issues in a culturally sensitive manner without offending the rights of the person with disability. They provided a case study where a blind university student who uses a guide dog was denied access on her first attempt to use the prayer room at University. In that case a compromise was reached which allowed her to bring the guide dog to the entrance of the prayer room after which she would be provided direct assistance by another female student to and from the remainder of the prayer room.⁴⁹³

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7.23 It was noted that whilst guide dogs are well recognised in the community, other forms of assistance animals are less well known. It was noted in one consultation that even having a black Labrador goes beyond the public stereotype of an assistance animal.⁴⁹⁴

7.24 Anne—Marie Kelly stressed "we need lots of public education so people realise there are different types of assistance dogs, and people have a right to use them".⁴⁹⁵

7.25 This creates significant challenges for service providers who may have to educate large numbers of staff. Keeping the law simple and removing front line staff from having to make decisions about what is or is not an assistance animal was a major concern for both private and public sector providers, as was promoting better community understanding of the right to be accompanied by an assistance animal.

7.26 The Department of Transport noted:

A broad public awareness campaign to coincide with any changes in legislation in this area would be a great support to the Department of Transport and public transport service providers in educating public transport users about the rights of handlers of assistance animals to access public transport, whether they are alleviating a disability of their handler, or in training.⁴⁹⁶

7.27 Some people felt that owners or proprietors of businesses, establishments, premises or facilities open to the public should be required to display appropriate signage about assistance.⁴⁹⁷

7.28 An innovative scheme in the United Kingdom was noted, where 2008 has been designated the "year of the assistance dog". As part of the launch of this community education campaign, Virgin Trains received an excellence award. They were acknowledged for a range of accessibility initiatives including Braille signage, in carriage display screens for the hearing impaired, designated space for wheelchair users and "watering holes" for assistance dogs on train platforms'.⁴⁹⁸ This shows that it makes good business sense to provide inclusive services and that making these accommodations can be the core business of a major transport provider. Interestingly, 10 Downing Street and the UK Cabinet Office have also been given an award.⁴⁹⁹

7.29 The commission notes the community education work already undertaken by disability advocacy organisations and assistance animal training organisations.⁵⁰⁰ We also note the work of the Victorian Equal Opportunity and Human Rights Commission in educating the community about human rights, including freedom from discrimination. The commission believes additional resources should be made available to build upon these efforts with a specific focus on educating the community, including service providers about the right to be accompanied by an assistance animal.

Recommendation

28. That the Victorian Government fund the Victorian Equal Opportunity and Human Rights Commission to undertake community education to increase awareness of the rights of people with disability to be accompanied by an assistance dog. Specific campaigns should be undertaken in partnership with industry bodies including those from the hospitality, transport and accommodation sectors.

National consistency

7.30 Many people, while welcoming the commission's work on assistance animal law, highlighted that reform is needed on a national level. Aside from mutual recognition issues discussed in Chapter 6, there was a general concern that harmonisation of laws occur sooner rather than later.

7.31 As noted by the Qantas Group "it would clearly be preferable for the introduction of a regulated assistance dog system, and its interaction with discrimination, safety and other legislation and standards, to be a nationally consistent system".⁵⁰¹

7.32 Although Victoria can reform its own assistance animal laws to promote clear and effective

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regulation, it cannot address problems arising from Commonwealth legislation. However, reforming Victorian laws to remove current anomalies will certainly help to address the problems identified in this report and go some way towards greater consistency with federal law by ensuring all people with disability enjoy equal protection.

7.33 The current review of the EOA provides the Victorian Government with an ideal opportunity to enact such reform. Similarly, upcoming amendments to the DDA provide a window of opportunity to better protect the rights of people with disability and promote certainty for service providers and the community at large.

7.34 Promoting uniformity across Australian laws would complete the task. The Standing Committee of Attorneys-General (SCAG) has agreed to consider options for harmonising Commonwealth, State and Territory anti-discrimination laws.⁵⁰²

7.35 The law governing the use of assistance animals should be the same in each Australian jurisdiction. People who use assistance animals travel throughout Australia. They should be able to do so with confidence that their right to use an assistance animal in all aspects of daily life will be supported and promoted wherever they may be in the country. We have been unable to identify important points of principle which may justify different laws in different places. We urge SCAG to give this area priority when considering harmonisation of Commonwealth, State and Territory anti-discrimination laws.

Endnotes

1 See, eg, consultations 16 (Community Forum); 7 (Transport Roundtable).

2 Consultation 7 (Transport Roundtable).

3 There is some overlap between a claims in scienter and negligence. A scienter action differs from a claim in negligence primarily because of its strict liability operation in the case of species recognised as inherently dangerous (such as tigers). Knowledge of a vicious propensity in the animal must be proven to make out a claim in scienter, however, it will also be a factor in determining the standard and duty of care in a claim in negligence.

4 John Fleming, The Law of Torts (9th ed, 1998) 399.

5 Ibid 402.

6 Aleksoski v State Rail Authority (NSW) [2000] NSWCA 19 [22] (Mason P).

7 Consultation 7 (Transport Roundtable).

8 Consultation 18 (Human Rights and Equal Opportunity Commission).

9 Consultation 7 (Transport Roundtable).

10 Consultation 17 (Seeing Eye Dogs Australia).

11 Consultation 6 (A.W.A.R.E. Dogs Australia).

12 Consultation 2 (Lions Hearing Dogs Australia).

13 See, eg, Consultations 1 (Jaebin Saunders); 5 (Transport Accident Commission); 19 (Disability Reference Group, Victorian Equal Opportunity and Human Rights Commission); submission 5 (Anne-Marie Kelly).

14 Department of Transport [Victoria], Taxi Customer Rights and Responsibilities (2008) at 8 September 2008.

15 Submission 25 (Disability Discrimination Legal Service).

16 Consultation 14 (Assistance Dogs Australia).

17 Submission 5 (Anne-Marie Kelly).

18 Submission 18 (Department of Transport).

19 Submission 25 (Disability Discrimination Legal Service).

20 Assistance Dogs UK, "Virgin Trains Provide First Class Service for Guide and Assistance Dogs" (Press Release, 6 March 2008) at 5 September 2008.

21 Assistance Dogs UK, "10 Downing Street & the Cabinet Offices" (Press Release, 6 March 2008) at 5 September 2008.

22 Submission 17 (Blind Citizens Australia).

23 Submission 21 (The Qantas Group). See also submission 17 (Blind Citizens Australia).

24 Standing Committee of Attorneys-General Communique 28 March 2008 < www.attorneygeneral.gov.au/www/ministers/robertmc.nsf/Page/RWPA7434F9ED00CDACBCA25741A003910D7> 19 September 2008.

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