ANIMAL LAW
Therapy or assistance animals: What’s the difference? RENÉE EVANS, SENIOR SOLICITOR, CROWN SOLICITOR’S OFFICE & MEMBER, ANIMAL LAW COMMITTEE DIANA THOMAS, CHAIR, ANIMAL LAW COMMITTEE
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ssistance and therapeutic animals can have a tremendous positive impact on those they serve. The South Australian legal profession has witnessed this impact firsthand through the Canine Court Companion project, an initiative of the Office of the Director of Public Prosecutions, in partnership with Guide Dogs SA/NT. During his time in active service, Zero, South Australia’s inaugural court companion dog, assisted many victims and vulnerable witnesses and became a much-loved staff member at the Office of the Director of Public Prosecutions. Some of the common questions about assistance and therapy animals are answered below.
WHAT IS THE DIFFERENCE BETWEEN AN ASSISTANCE ANIMAL AND A THERAPEUTIC ANIMAL? A therapeutic animal can be any animal certified by a medical practitioner as being required to assist a person as a consequence of the person’s disability, or an animal of a class prescribed by regulation.1 For example, until January of this year Canberra was home to a herd of therapy Alpacas who regularly made visits to vulnerable persons including those with severe mental trauma.2 Anecdotally, post-COVID 19, many Strata and Community Title residences 3 are seeing previously barred animals being allowed to stay, with their therapy animal status confirmed by a doctor’s letter. For the purposes of the Disability Discrimination Act 1992 (Cth) (‘DDA’), an assistance animal is a dog or other animal:4 a. accredited under a law of a State or Territory that provides for the accreditation of animals trained to assist a person with a disability to alleviate the effect of the disability; or b. accredited by an animal training organisation prescribed by the regulations for the purposes of this paragraph; or c. trained:
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i. to assist a person with a disability to alleviate the effect of the disability; and ii. to meet standards of hygiene and behaviour that are appropriate for an animal in a public place. What constitutes appropriate “standards of hygiene and behaviour” for an assistance animal in a public place is not defined in the DDA and is open to interpretation. Pursuant to the Equal Opportunity Act 1984 (SA), “assistance animal” means a dog that is an accredited assistance dog under the Dog and Cat Management Act 1995 (SA), or an animal of a class prescribed by regulation.5 The Dog and Cat Management Act 1995 (SA) defines “assistance dog” as a dog trained and used for the purpose of assisting a person who is wholly or partially disabled and includes a dog undergoing training of a kind approved by the Board for the purposes of this definition.6
HOW DO DOGS QUALIFY TO BE ASSISTANCE DOGS? An assistance animal must meet the requirement of ‘accreditation’ to fall within the definition of ‘assistance animal’ in the legislation. In South Australia, only prescribed accreditation bodies may, on application, accredit a dog, or renew the accreditation of a dog, as an assistance dog.7 Prescribed accreditation bodies include the Dog and Cat Management Board; The Royal Society for the Blind of SA Inc; the Guide Dogs Association of South Australia and Northern Territory Inc; Lions Hearing Dogs Inc; and any other person or body declared by regulation.
DO OWNERS HAVE TO CARRY A COPY OF THE ACCREDITATION? CAN I REFUSE ENTRY OR ASK THEM TO LEAVE IF THEY CANNOT PRODUCE ACCREDITATION? Owners can be asked to produce evidence that the dog is an assistance dog. It is an offence to claim that a dog is an assistance dog unless it is accredited under
SA’s first canine court companion Zero
the Dog and Cat Management Act 1995 (SA) or covered by the DDA. With various approaches to accreditation and regulation of assistance animals in each jurisdiction, it is not difficult to see how confusion and complaints can arise, particularly for people travelling interstate with their assistance dogs:8 • Victoria – an Assistance Animal Pass is required and issued by Public Transport Victoria permitting assistance animals to travel on public transport.9 • Western Australia – The Public Transport Authority doesn’t require permits for assistance animals to travel on public transport. There is local government legislation providing for animals to have an ID card and a dog coat/harness.10 • Queensland – A Handler’s Identity Card is valid for 5 years allowing travel on public transport. Also, Translink (South East Queensland Transport Authority) issues an Animal Pass provided the dog meets certain standards of behaviour in public.11 • South Australia – The Dog and Cat Management Board issues a Disability Dog Pass that is valid indefinitely.12 • New South Wales – An Assistance Animal Permit is required for access to public transport; however, Guide dogs and Hearing dogs do not require a permit. The permit must be renewed annually.13
