Assistance Animals Consultation questions - Victorian Law Reform ...

Assistance Animals Consultation questions
1. How should assistance animals be defined in Victorian legislation
A canine specifically trained and certified by an approved assistance dog-training
organisation to perform more than one task/function to mitigate an individual's
medically diagnosed disability(s).
The use of the word canine encompasses both male and female dogs. The use of the word “animal” is
not appropriate for the following reasons:
• An animal can mean anything other than human
• Public perception and acceptance of the “canine” assistance dog in the community
has been already established, particularly with breeds such as Labradors and Golden
Retrievers. The public has a right to feel safe and not in danger when confronted
with an assistance “dog” in a public place
2. Should the current guide dog provisions in the Equal Opportunity Act be
extended to provide protection for all assistance animal partnerships in all
areas of activity covered by the Act
Yes.
• Is there a better way to ensure everyone knows when they can and cannot
exclude an assistance animal partnership
Include in the DFNAA such exclusions from certain places such as zoos and wildlife reserves;
operating theatres/surgical areas. The question of ethical animal handling has to be considered –
would the canine be under undue stress by being in an environment such as a zoo etc
3. Does it make sense to place all Victorian laws that support the use of
assistance animals in the Equal Opportunity Act
No. Only relevant information should be included. Issues such as training and identification should be
clearly set out in the DFNAA.
4. Do you support the introduction of a law that would require organisations
which train assistance animals to be accredited by a declaration by the
Minister that the organisation is an ‘assistance animal organisation’
Yes. It is imperative that only prescribed assistance dog training organisations be authorised to accredit
assistance dogs.
ADI has set minimum standards for training etc, which are valuable guidelines for assistance dog training
organisations. Membership to eg ADI would ensure that the training organisation works under appropriate
standards. ADI will accredit any training organisation that meets their required standard. Organisations
may remain provisional members until such time as they pass the standard for accreditation.
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It is important to note that the Minister’s advisory committee must be equipped and qualified to make
recommendations to prescribe a training organisation.
Perhaps another pertinent question to ask is “How/Who will be responsible to monitor and review the
prescribed training organisation” I have noted section 5.89 and agree that the BAW should undertake
this area.
Consultation Questions 5
Which organisations should be eligible for approval by the Minister as an
‘assistance animal organisation’
• Should ‘assistance animal organisation’ status be limited to formal training
organisations or should private trainers be included as well
Private trainers can be included providing they can demonstrate that they operate under the same
guidelines and standards as any other approved training organisation.
• How should self-trainers be covered By demonstrating that they operate under the same
guidelines and standards as any other approved training organisation.
• How might the issue of the cost of training and testing for informally trained
assistance animals be dealt with
W.A.A.D Inc assists clients who prefer to train the dog themselves. However, these clients must
adhere to our standards for training etc and must meet the required level before being considered for
accreditation. Funding for private clients remains the responsibility of the client however, W.A.A.D Inc
will assist with fundraising initiatives where possible and appropriate.
• How can inequities be avoided if all animals must be tested by an approved
assistance animal organisation
A nationally standardised policy would eliminate inequities.
• Should national or interstate training organisations be eligible for approved status
in Victoria If not, why not
Yes. Not all assistance dog training organisations provide the same service. Eg WAAD may provide
a Victorian client with autism dog if no Victorian training organisation can meet the client’s need.
6.6. Do you support the development of guidelines for assessing applications
by organisations seeking approval as an ‘assistance animal organisation
Yes. Please see attached copy of WAAD Constitution (Objects of Association) and endorsement
letter.
• Should the guidelines simply require membership of a relevant international or
national body that has its own standards, or should generic standards also be
included in the guidelines More importantly is who/how/what factors implement the
guidelines.
ADI has already set minimum standards- why re-invent the wheel.
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7.7. Should the Bureau of Animal Welfare administer the approval system
Yes
What resources will they need to fulfil this role Powers to temporarily close org operations
until approved standards are met; powers to seize animals in danger/harm or danger/harm to public;
Yes
8.8. Do you support the development of regulations setting out a ‘public
access test’ for assistance animals
Yes
9.9. Do you agree that an assistance animal must pass a ‘public access test’ by an
approved organisation to be declared a ‘trained’ assistance animal
Consultation Questions 8-9
Do you agree that an assistance animal must be trained to an appropriate level of
skill by an approved organisation to be regarded as a ‘trained’ assistance animal
under Victorian law yes
Do you support the development of regulations defining what is an appropriate
level of training and skill for assistance animals yes
• Who should be consulted in developing such regulations Eg ADI; industry
accredited legal assessors
• What sorts of issues should the regulations cover Assessment by legal assessors
10.10. Is a registration scheme necessary Should assistance animals be
registered with the local council
Yes
• Is the registration system proposed by the commission workable in practice yes
Is there a better way to manage the registration of assistance animals
Microchip registration- CAR database of assistance animals and in training
yes
11.11. Is an identification scheme necessary Should a person with an
assistance animal be required to carry a standard ID card for the animal
• What are the advantages and disadvantages of that approach Definite
authentication of assistance canine
• Is the issuing of an identity card by the local council the best way to administer the
identity scheme Yes. Is there a better way to achieve the aim of having an easily
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ecognisable simple ID Not at this stage
• What information should be on an assistance animal identity card Accreditation
organisation name; dog name; owner/handler name; dog microchip number; council
area; council registration number; photo of dog with handler; organisation contact
name and phone number; signature of issuing officer (from approved organisation);
• Should a mutual recognition scheme be established across states and territories
Most definitely
12.12. Is there anything else you would like to tell us
Attachments for Question 6-
Objects of Association (as per Rules of Incorporated Associations- Section 3)
3 (1) The objects of the Association are-
To provide a range of Assistance Dog related services including but not limited to:
• Assistance dog acquisition; training; team partnership; assessment, accreditation, review
and monitoring of assistance dog teams for people with disabilities
• Education
• Support
• Resources
• Advocacy
• Increased community awareness
To ensure that W.A.A.D Inc. Inc Disability Assistance Dogs are of the highest quality by
• Using positive reinforcement, reward-based training methods
• Recruiting as a member or employee, at least one Industry Accredited Dog Trainer or
equivalent
• Applying for membership to Assistance Dogs International (ADI) Inc. within 2 years of
incorporation and maintaining this membership on an annual basis
• Accepting or purchasing puppies/dogs from only sources approved by the committee.
To maintain a register of Assistance Dogs and their partners.
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