Grandfather wins two-year fight to keep pooch in retirement village

A dog is said to be man’s best friend — so when owners of his retirement village tried to boot out german shepherd Rex, John Murphy was devastated. Despite neighbours being “terrified” of Rex, a tribunal ruled the animal could stay. FIND OUT WHY.

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A grandfather has won a two-year battle with his retirement village to keep a large dog that other residents describe as “terrifying”.

Vaughn Village owners Catholic Aged Care Sydney have been trying to boot out Rex the german shepherd ever since 81-year-old John Murphy moved it in more than two years ago.

Retiree John Murphy and his German Shepherd dog Rex. Picture: Sam Ruttyn

This is despite his psychiatrist recommended he keep the animal at his Watsons Bay retirement unit as a way to relieve his depression and anxiety.

However, fellow resident Eric Shumsky, 64, said the animal barks at visiting grandkids, has lunged at him twice, poos everywhere and smells.

Mr Shumsky says at least six other residents have had similar experiences.

But the NSW Civil and Administrative Tribunal ruled on November 22 that Mr Murphy can keep Rex.

John Murphy says he “can’t go without” his pooch Rex. Picture: Sam Ruttyn

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Legal experts said the case reveals the need for law reform to make it easier for people with psychiatric conditions to keep assistance animals.

“Someone, somewhere needs to stand up to these money-grabbing, unsympathetic people,” Mr Murphy told The Sunday Telegraph.

“I just can’t go without Rex. He registers my mood and knows when I am going into depression.

“He is there when I need him. He has stopped me from doing anything foolish.”

While the village allows the keeping of some pets (fish or small caged birds), it expressly prohibits the keeping of dogs.

Mr Murphy argued Rex was his assistance dog, helping him in his battle with depression. Picture: Sam Ruttyn

Mr Murphy argued that Rex is not a pet but is an assistance animal within the meaning of the federal Disability Discrimination Act.

Because NCAT is a NSW tribunal it ruled that it could not decide on federal law.

This means Mr Murphy can keep Rex, however Catholic Aged Care Sydney may appeal the matter in a federal court.

“The operator has a responsibility and duty of care to all residents of the village, and will carefully consider the interests of all residents in relation to any further steps which may be taken,” a Catholic Archdiocese of Sydney spokeswoman said.

She said the first hearing found Mr Murphy had both breached village rules by having a dog

and “provided insufficient evidence that he has a disability”.

“We have a duty of care to all our residents and need to consider the safety of all our residents as well as them being entitled to peaceful occupation of their units,” she said.

Resident Eric Murphy has been living at the eastern suburbs village for six years and says Rex has lunged at him twice.

“The two times it happened I was completely terrified,” he said.

“I am very upset with the result. Many are very worried and very afraid of this dog.

“A lot of residents have relatives who have been barked at as well.”

The residents will hold a crisis meeting with management on Tuesday.

Rex is one of 600 dogs trained by MindDog, a not-for-profit psychiatric service dog association.

MindDog chairwoman Cath Phillips said the case shows that strata titles and other management bodies can’t discriminate against people with a disability who need an assistance dog.

“In the past two years we have dealt with four cases where strata has tried to remove an assistance animal,” she said.

Many strata schemes have blanket bans on dogs but a February legal precedent has largely made those bans invalid if they are challenged in court.

Strata laws can’t prevent a person with a proven disability having assistance animals.

UNSW Law Associate Professor Cathy Sherry said we have an overarching problem with the definition of assistance animals.

UNSW Law Associate Professor Cathy Sherry says disputes about animals in strata and retirement schemes will continue to grow if the law is not altered.

She said the problem will continue to crop up as more people move into units under strata and community title.

“We need law reform to make it easier for private citizens — including strata schemes and retirement villages — to know what is an assistance animal actually is,” the strata law expert said.

“At the moment citizens have to produce very private evidence about the medical condition to their neighbours in order to keep their animal. We need to reform this.

“We will continue to see more cases like this until the law is amended.”

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