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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 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
-- 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 |
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