On this page you will find information on dog guide access within Australia.
The Rights of Dog Guides and Their Handlers
Under the Australian Federal Disability Discrimination Act 1992, Dog Guides, commonly known as Guide Dogs, Seeing Eye Dogs and Stapel Working Dogs are covered by the term ‘Assistance Animals’. Dog Guides are specifically trained to assist people with low vision or blindness to navigate the environment safely.
It has been established through case law that Dog Guides are allowed everywhere except operating theatres, hospital burns units, commercial kitchens and some zoos.
Dog Guides are allowed in cafes and restaurants, hotels and motels, shops and offices, medical facilities and dental clinics, public transport, taxi and rideshare services, and any other public space. They can go everywhere their Handler goes.
In addition to the Federal Disability Discrimination Act, all Australian states and territories have their own legislation governing access for assistance animals. The name of the relevant act for each state and territory has been provided below. More information can be found on the Seeing Eye Dogs Vision Australia and Guide Dogs Australia websites.
Dog Guide Refusal Penalties by State – June 2022
Victoria
In Victoria, there is no general offence under the Domestic Animals Act 1994 for refusing access to a Dog Guide. There is, however, a penalty imposed on the driver of a commercial passenger vehicle for refusing to carry a Dog Guide (Commercial Passenger Vehicle Industry Regulation 2018). The maximum penalty is $1,817.
New South Wales
In New South Wales, it is an offence under the Companion Animals Act 1998 to (a) deny a Handler accompanied by a Dog Guide entry to a building or public place or to public transport; and (b) impose an excess charge in relation to a Dog Guide. The maximum penalty for these offences is $1,500.
Separately, it is an offence under the Point to Point Transport (Taxis and Hire Vehicles) Regulation 2017 for the driver of a passenger vehicle to refuse to carry a Dog Guide. The maximum penalty for this offence is $3,300. This fine was recently raised, read the Minister for Transport’s media release from May 2024 here
Section/s Applicable:
14, Dogs Prohibited in Some Public Places
59, Person with a Disability entitled to be Accompanied by Assistance Animal
60, Assistance Animal Not to be Denied Entry
61, Unlawful to Impose Charge for Entry of Assistance Animal
Excerpt from Section 59:
(1) A person with a disability is entitled to be accompanied by an assistance animal being used bona fide by the person to assist the person, into or onto any building or place open to or used by the public or on any public transport.
(2) The person is not guilty of an offence merely because the person takes the animal into or onto or permits the animal to enter or be in or on any such building or place or any public transport while the person is using the animal bona fide to assist the person.
(3) This section applies despite the provisions of any other Act or instrument made under an Act. “
Maximum fine for Breach of Act:
8 Penalty Units
Value of One Penalty Unit as of 2012:
$110.00
Fines Issued By:
NSW Police
Local Councils
Exceptions to Access Under Act:
It is not unlawful to impose a charge to a person with a Dog Guide if expense is reasonably occurred by the third person because of the presence of the Dog Guide.
Other Relevant Legislation:
Anti-Discrimination Act 1977 (New South Wales)
Passenger Transport Act 1990 (New South Wales)
Rail Safety Act 1993 (New South Wales)
Queensland
In Queensland, it is an offence under the Guide, Hearing and Assistance Dogs Act 2009 to: (a) refuse a Handler accompanied by a Dog Guide entry to a public place, or public passenger vehicle, or to service within that place; and (b) refuse to rent accommodation to a Handler accompanied by a Dog Guide. The maximum penalty for these offences is $13,785.
Separately, it is an offence under the Transport Operations (Passenger Transport) Regulation 2018 for the driver of a public passenger vehicle to refuse to carry a Dog Guide. The maximum penalty for this offence is $2,757.
Section/s Appliccable:
Section 8, People with a Disability May be Accompanied by Their Guide, Hearing and Assistance Dogs
Excerpt from Section 8:
(1) Despite any other Act, a person with a disability who relies on a guide, hearing or assistance dog to reduce the person’s need for support may be accompanied by the guide, hearing or assistance dog in a public place or public passenger vehicle.
(2) Also, a person with a disability who relies on a guide, hearing or assistance dog to reduce the person’s need for support does not commit an offence merely by taking the guide, hearing or assistance dog into a public place or public passenger vehicle. “
Maximum Fine for Breach of Act:
2 Penalty Units
Value of One Penalty Unit as of 2012:
$100.00
Exceptions to Access Under Act:
- an in-patient ward
- a labour ward
- a procedure room
- a recovery area
- an area in which the standard of hygiene is maintained at a significantly high level for the purpose of preventing infection or the spread of disease
- an ambulance
- a part of a public place or public passenger vehicle where food is ordinarily prepared
- It is not unlawful for a person with an Dog Guide to be asked to produce evidence to certify that their dog is an assistance animal.
Other Legislation:
Western Australia
In Western Australia, there is no general offence under the Dog Act 1976 for refusing access to a Dog Guide. There is however, a penalty imposed on the driver of a taxi for refusing to carry a Dog Guide (Transport (Road Passenger Services) Regulation 2000). The maximum penalty is $9,000.
Australian Capital Territory
In the Australian Capital Territory, it is an offence under the Domestic Animals Act 2000 to: (a) deny a Handler accompanied by a Dog Guide access to a public place (which includes a public passenger vehicle); and (b) impose an excess charge in relation to a Dog Guide. The maximum penalty for these offences is $8,000.
Sections Applicable:
Section 104, Rights of Persons Accompanied by Assistance Animals
Section 105, Exclusion of Assistance Animal from Public Place
Section 106, Imposition of Excess Charges for Assistance Animal
Excerpt from Section 104:
(1) Despite any other territory law (other than the Discrimination Act 1991 ), a person with a disability accompanied by an assistance animal has the same right of access to, and the same right to the use of, a public place as a person who is not accompanied by an assistance animal.
(2) Without limiting subsection (1), a person with a disability does not commit an offence merely by taking an assistance animal onto or into, or allowing the animal to enter, a public place. “
Maximum Fine for Breach of Act:
10 penalty units
Value of One Penalty Unit as of 2012:
$110.00
Exceptions to Access under Act:
It is not unlawful to impose a charge to a person with a Dog Guide if expense is reasonably occurred by the third person because of the presence of the Dog Guide.
Northern Territory
Primary Act:
Anti Discrimination Act 1992
Section/s Applicable:
Section 21, Discrimination by Refusal to Allow Guide Dog.
Excerpt from Section 21:
(1) For the purposes of this Act, a person discriminates on the ground of impairment against a person with a visual, hearing or mobility impairment if the person treats the person with the impairment less favourably because the person has a guide dog. “
Maximum Fine for Breach of Act:
Fixed penalty of $500
South Australia
Primary Act:
Dog and Cat Management Act 1995
Section/s Applicable:
Section 21, Accreditation of Disability Dogs, Guide Dogs etc
Section 81, Disability Dogs, Guide Dogs etc
Excerpt from Section 81:
(1) Despite this Act or any other Act?
(a) a person who is wholly or partially blind or deaf, or otherwise disabled, is entitled to be accompanied by an accredited disability dog, guide dog or hearing dog in a public place or public passenger vehicle; and
(b) the occupier or person in charge of a public place or public passenger vehicle must not refuse access to the place or vehicle to a person who is wholly or partially blind or deaf, or otherwise disabled, on the ground that the person is accompanied by a disability dog, guide dog or hearing dog.”
Maximum Fine for Breach of Act:
$250
Exceptions to Access Under Act:
It is not unlawful for a person with an assistance animal to be asked to produce evidence that their dog is an assistance animal.
Tasmania
Primary Act:
Guide Dogs and Hearing Dogs Act 1967
Section/s Applicable:
Section 3, Rights of Guide Dog Users and Trainers in Respect of Public Places and Transport
Excerpt from Section 3:
(1) A person who is blind or vision impaired, deaf or hearing impaired or a trainer ?
(a) is entitled to be accompanied by a guide dog into any public place or onto any public passenger vehicle; and
(b) does not commit an offence by taking a guide dog into or onto, or permitting a guide dog to remain in or on, a public place or public passenger vehicle.
(2) A person who is in charge of a public place or public passenger vehicle, or the servant or agent of a person in charge of a public place or public passenger vehicle, must not ?
(a) refuse to allow a person accompanied by a guide dog into that place or onto that vehicle; or
(b) direct a person accompanied by a guide dog to leave that place or vehicle; or
(c) deny accommodation or service to a person accompanied by a guide dog. “
Maximum Fine for Breach of Act:
20 penalty units
Value of One Penalty Unit as of 2012:
$130.00
Exceptions to Access Under Act:
It is not unlawful for a person with an assistance animal to be asked to produce evidence that their dog is an assistance animal.
Other legislation:
Dog Control Act 2000
Notes
Most state-based legislation lists a number of areas where Dog Guides are not permitted, and in some cases, this is inconsistent with the provisions stated under the Federal Disability Discrimination Act.
As an example, under the Queensland Guide, Hearing and Assistance Animals Act, a Dog Guide is not permitted in an ambulance, while the Federal Disability Discrimination Act would not prevent a Dog Guide from being permitted in the vehicle. The Australian Constitution states that in instances where a state law conflicts with a federal law, the federal law prevails.
In some cases, state-based legislation may be more useful in a refusal situation as the Disability Discrimination Act remains unresponsive until a complaint has been lodged. All state-based legislation, however, with the exception of Western Australia’s Dog Act 1976, gives police and local councils the jurisdiction to issue a penalty notice for failure to comply with the Act. This penalty amount may be a fixed amount or may be determined by a number of penalty units. The value of a penalty unit varies between states and may change annually.
Although Dog Guides are permitted in most public areas under the law, it is important to understand that there are several responsibilities that come along with this. Under both federal and state legislation, it is not unlawful for a Handler to be asked to produce evidence to verify that their dog is a registered assistance animal. It is also not unlawful to be refused access to public premises if the Dog Guide does not meet an appropriate standard of hygiene or is not under direct control of the Handler, or the control of another person.
Source: Blind Citizens Australia News – July 2013.