Thanks for sharing the information Gisele, it seems so much is not easy
whatever Scheme people are accessing. Good luck and I hope the provider
you find next is more supportive, as they all should be. It's all very
frustrating, sometimes I think there is so much we need follow up that it
gets mind boggling.
Cheers. Valerie
-----Original Message-----
From: myagescare-bounce@xxxxxxxxxxxxx
[mailto:myagescare-bounce@xxxxxxxxxxxxx] On Behalf Of Gisele Mesnage
Sent: Monday, 4 December 2017 10:43 AM
To: myagescare@xxxxxxxxxxxxx
Cc: ndis-bounces@xxxxxxxxxxxx
Subject: [myagescare] Attention, NDIS and MAC participants: Carriage of
assistance dogs in the private vehicle of a support worker
Hello all,
I am a NDIS participants self-managing my plan. A major service provider
advised me that they may not be able to find a support worker willing to
take my dog on shopping trips or to appointments and so on, as the support
workers used their private vehicle to transport clients. I contacted Guide
Dogs NSW/ACT, and was told they believed the support workers were required
to take the dog. I also wrote to the Australian Human Rights commission to
ask how the DDA would apply in that circumstance. As others may be faced
with the same situation, I thought I would share the AHRC's reply . As you
will note, the DDA is not explicit on this question, but the Commission's
advice is worth noting.
I will be seeking further advice from the organisations cited in the below
email, and will share any further information I receive.
I am aware that many people will not have experienced this issue, but it's
still worthwhile to be informed. For my part, I have taken steps to seek
a different service provider, but I still want to know where I stand if this
issue should arise again. , Cheers, Gisele
Gisele Mesnage
email: giselemesnage@xxxxxxxxxxx
phone: 02 9799 5388
-----Original Message-----
From: Info Service [mailto:InfoService@xxxxxxxxxxxxxxxxxx]
Sent: Monday, 4 December 2017 9:38 AM
To: giselemesnage@xxxxxxxxxxx
Subject: Your Contact [SEC=UNCLASSIFIED]
Dear Gisele,
I refer to your email query regarding assistance animals.
You advise that you are an NDIS participant and that your NDIS support
worker will not transport your guide dog as they use their private vehicle.
You query whether the support worker would still be required to transport
your guide dog as part of the service.
This Commission can investigate complaints of disability discrimination as
defined under the Disability Discrimination Act 1992 (Cth) (DDA). This
includes claims of unfair treatment of a person who has an assistance
animal. The definition of assistance animals under the DDA includes any
animal that is trained to alleviate the effect of that person's disability.
You can find more information about assistance animals at:
https://www.humanrights.gov.au/our-work/disability-rights/projects/assistan
ce-animals-and-disability-discrimination-act-1992-cth.
Whilst the DDA is not as prescriptive to touch on this exact issue, it
appears arguable that the support worker transporting you and your dog may
form part of the service which you receive from NDIS. Accordingly, if you
feel that you are being treated less favourably because of your assistance
animal, it is open for you to lodge a complaint with this Commission. Our
complaint form can be found at
https://www.humanrights.gov.au/complaints/make-complaint.
It is open for you to obtain legal advice about your options prior to
lodging a complaint with the Commission. You may wish to talk to the NSW
Disability Discrimination Legal Centre, a specialist community legal centre.
Further information can be found on its website at
http://www.ddlcnsw.org.au/.
Otherwise, you can contact Legal Aid office in NSW
(www.legalaid.nsw.gov.au) or your nearest community legal centre
(www.clcnsw.org.au).
Should you have any further queries or wish to provide clarification, please
respond by return email or call the National Information Service on
1300 656 419.
Regards,
Lara Miccoli
Complaint Information Officer
National Information Service
Australian Human Rights Commission
Level 3, 175 Pitt Street, Sydney NSW 2000 GPO Box 5218, Sydney NSW 2001 T
1300 656 419 F +61 2 9284 9611 E infoservice@xxxxxxxxxxxxxxxxxx W
www.humanrights.gov.au
Note: The National Information Service's opening hours are Monday to Friday,
between 10am to 4pm AEST.
-----Original Message-----
From: No Reply
Sent: Thursday, 16 November 2017 4:25 PM
To: Info Service <InfoService@xxxxxxxxxxxxxxxxxx>
Subject: Form submission from: Contact us [SEC=UNCLASSIFIED]
*** This is an automatically generated email, please do not reply ***
Here is a copy of your enquiry to the Australian Human Rights Commission Web
enquiry form:
---------------------------------------------------------------------------
----------------
Submitted on Thursday, November 16, 2017 - 4:24pm
Submitted by user: Anonymous
Submitted values are:
==Web enquiry form==
My enquiry is regarding: Complaints - (For more information about
the complaints process <a
href="//www.humanrights.gov.au/complaints_information/index.html">click
here</a>)
Name: Gisele Mesnage
Email: giselemesnage@xxxxxxxxxxx
Comments:
I am a NDIS participant. My service provider
has informed me that if one of their support workers accompanies
me for assisted shopping services, the support worker is not
required to take my guide dog in their car, because the support
workers who work for this service provider use their private
vehicle to accompany the client. While I understand that a
private citizen may refuse my guide dog access in their private
vehicle, if the vehicle is being used as part of my service
provided by the service provider, then does the law that applies
to public vehicles and taxis apply? Could you
please advise if under the Companion Animals Act, or under the
DDA guidelines relating to assistance animals,there is a section
clarifying this question? If so, could you please provide a
reference?
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