865: Constituency Questions

Kat Theophanous to ask the Minister for Agriculture — 

My question is for the Minister for Agriculture, and I ask: what is the Victorian government doing to progress the national guiding principles for assistance animal standards and policies? My constituent Claire Moore has shared with me her daily struggle in simply trying to access public spaces with her assistance dog Zed. Despite Zed being clearly identifiable as an assistance dog, Claire still faces constant barriers in places many of us take for granted, like cafes and stores. These refusals are not just frustrating, they are discriminatory and unlawful. Yet too many venues are unaware of our laws, and the constant need to explain and justify an assistance dog is deeply distressing and exclusionary. Claire wants our laws to be stronger to ensure people with assistance animals are always treated with dignity and respect. She is calling for stronger penalties, such as those in other jurisdictions, along with greater education and support to ensure our laws are complied with. Victoria is now part of a national working group considering a consistent approach to assistance animals. I look forward to hearing about its progress.

Answer - 22 November 2024

I thank the Member for her question and for her strong advocacy on behalf of her constituents in Northcote.

Assistance animals are crucial companions for many Victorians with disabilities, yet we know that ambiguities in the current regulatory framework are hampering access for assistance animal handlers.

I acknowledge that many Victorians who have assistance animals experience challenges when using their companions in our communities, including unlawful instances of discrimination.

The laws relating to the use of assistance animals across Australia vary, which can create challenges for the community. Through the Inclusive Victoria: State Disability Plan 2022-2026 (https://www.vic.gov.au/state-disability-plan), the Allan Labor Government has committed to work with the Australian Government to develop a nationally consistent approach to accrediting assistance animals in Australia.

As a part of this work, Victoria is a key contributor on the Commonwealth’s Assistance Animals Working Group, along with representatives from Animal Welfare Victoria, the Department of Transport, and the Department of Families, Fairness and Housing.

This Group is working towards all states and territories endorsing nationally consistent principles for the recognition of assistance animals. These principles will inform any necessary changes to laws in Victoria.

While this work continues, the Commonwealth’s Disability Discrimination Act 1992 (DDA) protects the rights of individuals using trained assistance dogs and protects their rights to access all public spaces with these dogs. In Victoria, further to the DDA, the Equal Opportunities Act 2019 (EO Act) further protects the rights of people with disabilities using assistance dogs. Employers, goods and service providers and others must not discriminate against someone because they have an assistance dog.

Victoria currently supports people using qualified assistance dogs by providing Assistance Animal Passes for use on the public transport system available from Public Transport Victoria: https://www.ptv.vic.gov.au/tickets/myki/concessions-and-free-travel/assistance-animal-pass/. I acknowledge that these passes are specific to public transport and not the broader settings described by your constituent.

Should Claire experience any discrimination because of using her qualified assistance dog, she may wish to file a complaint with the Victorian Equal Opportunity & Human Rights Commission (VEOHRC) by visiting their website at www.humanrights.vic.gov.au or calling them on 1300 292 153.

The Hon. Ros Spence MP

Minister for Agriculture