Can a service or accommodation provider exclude a person because he or she is accompanied by a guide or hearing dog?
No. This is unlawful under the DDA unless unjustifiable hardship can be shown, which in the Commission's view will very rarely be possible.
The following link explains that it is unlawful under the Disability Discrimination Act to refuse an assistance dog or to require it to be kept outside. http://www.humanrights.gov.au/frequently-asked-questions-assistance-animals
These provisions do not however apply if
- the accommodation provider or a near relative resides on the premises and the accommodation provided for rent is for 3 persons or less; or
- the accommodation is provided for persons who have a particular disability and the person discriminated against does not have that particular disability; or
- special services or facilities which would be required by the person with a disability would impose unjustifiable hardship on the accommodation provider .
It is best to check directly with the Australian Human Rights Commission for detailed clarification.
Does the DDA apply to companion animals?
The DDA applies directly to discrimination because a person is accompanied by a guide dog, hearing dog or other animal trained to alleviate the effects of a person's disability. A companion animal is not within this definition. The fact that an animal is house trained or has had obedience training is not likely to be sufficient for this purpose