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The Law and Assistance Dogs
Authored By Alex Van Oeveren
Human Rights and Disability Discrimination Legal Advocate (Federal and State)

The Federal "Disability Discrimination Act" 1992 - Rev 5th August 2009.

This area of law is both highly complex and difficult to interpret, let go institute and apply to any area of "Human Rights Violation" or "Discrimination", when in reference to any Disabled person.  Most lawyers and even Barristers I have worked with over the past 16 years have near always backed away from this area, due to it's complexities and highly specialised application.

As this legislation is based in both Constitutional and International Law, not just Australian Federal Law, via the many treaties in place to protect the International Rights of people under Human Rights Violations and Indigenous Discrimination, including Disability Discrimination and Human Rights Violations of the Disabled. It is most certainly not just the vehicle whereby the Australian Commonwealth Legislative Processes are put in place to protect people within the Australian Commonwealth, but with few exceptions, across the world.  This arena is most frequently left to the highly experienced and capable legal minds in the
"Human Rights and Disability Discrimination Law" area.

Hundreds of pages of "Extracts" from commentaries written by Constitutional Lawyers across the world, also many and varied decisions made by Judges, Magistrates and Juries right here in Australia, also play a vital part in further "Defining" this area of law - (Often Called Common Law). 

Disability Discrimination Act 1992 - Rev 2009

This is the absolute basis of our "Disability Discrimination Law" here in the Australian Commonwealth.  This new Law Statute became Law By "Royal Ascent" on the 5th August 2009, forming the backbone of our Disability Discrimination Legislation within Australia.  Click on the link for more information.
 

Written By Alex Van Oeveren - Officer Of Justice and Social Justice (Qual)

Queensland

The State and Territory Legal Minefield

For all too long, states have ignored this area of law, Queensland bring out the --
"Guide Dogs, Hearing Dogs and Assistance Dogs Act 2009" - although it was another minefield of clashes with Federal Legislation, it was an attempt to lay some control over the industry in Queensland.  The effects of the legislation have been, at best, questionable, but the state legislators have tried!

Other States

Victoria has, via it's Law Reform Commission, tried to implement laws in that state, seriously listening to the "Stakeholders" - the outcome is yet to be announced.  Other states are in a similar position, yet the new Disability Discrimination Act 2009 seems to have settled most anxiety within the industry.

Back Yard and Armature Trainers Beware!

The new laws in 2009, do specify a reasonable level of "Professional Training", likened that of the "Guide Dogs" industry.  NOTE:  "Guide Dogs" is a protected trade mark of the "Australian Guide Dogs Association", registered in every state and territory of Australia.

The training of Assistance Dogs here in Australia is now strictly enforced by this new Federal Legislation, previously (1992 act) open to abuse and conjecture, now a stable and well defined platform for
"Disability Discrimination".

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