Hello Chris,
Okay. Noted. When I write to the legal services I will add your example
too. It seems to me that an airport shuttle service would come under the
same regulations as taxis and so on, but worth clarifying that too.
If anyone else has such examples of guide dog access questions that may not
fit into the conventional access to services covered by the DDA, please do
share these here.
Cheers,
Gisele
Gisele Mesnage
email: giselemesnage@xxxxxxxxxxx
phone: 02 9799 5388
-----Original Message-----
From: myagescare-bounce@xxxxxxxxxxxxx
[mailto:myagescare-bounce@xxxxxxxxxxxxx] On Behalf Of Chris Scott
Sent: Monday, 4 December 2017 11:35 AM
To: myagescare@xxxxxxxxxxxxx
Cc: giselemesnage@xxxxxxxxxxx
Subject: [myagescare] Re: Attention, NDIS and MAC participants: Carriage of
assistance dogs in the private vehicle of a support worker
Hi Gisela
While you are looking into this Don, Seeing Eye Dog Watson and myself were
looking into catching a private airport shuttle into the airport but were
advised that we would not be taken as other passengers on the bus may
object and this would affect their business.
As this was being done by a third party I do not have the business name of
the airport shuttle service but this would also be good to know the stance
on these services also.
Regards
Chris Scott
On 4 Dec 2017, at 11:13, Gisele Mesnage <giselemesnage@xxxxxxxxxxx>wrote:
noting.
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
I will be seeking further advice from the organisations cited in theit's
below email, and will share any further information I receive.
I am aware that many people will not have experienced this issue, but
still worthwhile to be informed. For my part, I have taken steps toseek
a different service provider, but I still want to know where I standvehicle.
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
You query whether the support worker would still be required tothat person's disability.
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
href="//www.humanrights.gov.au/complaints_information/index.html">click
You can find more information about assistance animals at:
https://www.humanrights.gov.au/our-work/disability-rights/projects/ass
istan 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
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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