Assistance/Therapy Animals
It is important to note that there are differences between an assistance animal and a therapy or companion animal.
An assistance animal is an animal that is trained to provide assistance to people with a disability to help alleviate the effect of that disability. In NSW, an assistance animal is an animal that is either:
1. 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 that disability; OR
2. accredited by an animal training organisation prescribed by the Commonwealth; OR
3. trained to assist a person with a disability to alleviate the effect of that disability, and, to meet standards of hygiene and behaviour appropriate for an animal in a public place.
The law recognises that a person with a disability is entitled to train their own animal or to have it trained by any handler or organisation. As at June 2016 there is no assessment or accreditation framework for assistance animals. In considering an application to register an animal as an assistance animal the Council is entitled to request reasonable proof that the:
• person/owner has a disability
• animal is/has been trained to alleviate the effect of the disability; and
• animal is/has been trained to meet standards of hygiene and behaviour appropriate for an animal in a public place.
So if you would like to apply to have your animal registered as an assistance animal;
1. You need a letter from your doctor confirming that you have a disability and that your dog alleviates the symptoms of this disability, it does not have to have the specific details of your disability.
2. You can train your dog yourself but will need to have a “PAT test” (Public Access Test) undertaken on the dog to confirm that it is trained appropriately and meets the minimum standard of behaviour for an assistance dog.
Other points to consider are;
• Other companion animals may be used as therapy animals. A therapy animal is an animal that engages in therapeutic activity to improve a person’s general wellbeing and quality of life, or an animal that is used to facilitate counselling or psychotherapy. However, the companion animals legislation does not provide an exemption from the payment of lifetime registration fees for animals being used as therapy animals.
• Dogs are prohibited from entering certain public places. These places include areas where food is prepared and consumed, school grounds and childcare centres, play, recreation and bathing areas, shopping areas and wildlife protection areas.
• However, a person with a disability is entitled to be accompanied by an assistance animal. They must not, without reasonable cause, be denied access to a public building or place or any public transport if they have a disability and are using the animal to assist them.
• The person in charge or control of the building, place or public transport is responsible for deciding, at their discretion, whether the person’s disability and use of an assistance animal meets the provisions of the Commonwealth Disability Discrimination Act 1992. Documentation may be required to verify that the animal has been appropriately trained and is being used to assist or alleviate a disability.
• An animal does not necessarily need to be registered as an assistance animal under the Companion Animals Act 1998 to be permitted access to a public place or public transport. Also, registration as an assistance animal under the Act does not necessarily provide proof of training or verify use of the animal to allow entry to a public place or public transport.
• The certificate of registration from the Companion Animals Register may therefore not provide sufficient documentary evidence for the person in charge of a public place or transport to permit entry under the provisions of the Commonwealth Disability Discrimination Act 1992.
• Further information on travel concessions for assistance animals can be found on the Transport for NSW website.
The Assistance Dogs Organisation’s website frequently asked questions.
The Office of Local Government’s website information on assistance animals.