Tenants’ Union calls for landlords to recognise assistance animals as Guide Dogs’ equals

While assistance animals work overtime each day helping their owners overcome physical and neurodiversity conditions, they still don’t enjoy the same legal protections afforded to Guide dogs.

Tenants' Union of Tasmania CEO Ben Bartl, CEO of Disability Voices Tasmania, Vaughn Bennison, with Dariah Porter and her assistance dog, Maverick. Picture: Linda Higginson

While assistance animals in Tasmania work overtime each day helping their owners overcome physical and neurodiversity conditions — or warn of impending medical emergencies — they still don’t enjoy the same legal protections afforded to both Guide Dogs and hearing dogs.

And when it comes to the state’s contemporary housing market, they are often regarded by landlords as pets, creating significant hurdles for people already struggling to obtain a rental home.

But following the release of a landmark report into the legal status of service dogs and other animals in the island state, the Tenants’ Union and Disability Voices Tasmania have called on the government to take legislative action to end what they have described as ongoing discrimination.

“People who rely on assistance animals are discriminated against when they are refused access to public places, transport and other services,” Disability Voices Tasmania chief executive, Vaughn Bennison, said after the Recognising Assistance Animals in Tasmanian Law report was published.

“Instead of forcing people to make complaints to the Anti-Discrimination Commissioner, our laws must be clarified so that people with assistance animals are treated with dignity and respect.”

Tenants' Union of Tasmania CEO Ben Bartl with Dariah Porter and her assistance dog Maverick. Picture: Linda Higginson

Ben Bartl, principal solicitor with the Tenants’ Union of Tasmania, said prospective renters were missing out on rental properties because real estate agents often believed that assistance animals were pets.

Mr Bartl called for the state’s property laws to confer on assistance animals the same legal status as guide dogs in relation to rental properties.    

Approximately 5 per cent of all complaints lodged with Opportunity Tasmania last year related to assistance animals, the Union said,

“Tasmania’s Anti-Discrimination Act needs to clearly outline that refusing access to public spaces, transport and in providing goods and services because a person has an assistance animal is discrimination,” Mr Bartl said.

“Amending the Residential Tenancy Act to clarify that an assistance animal is not a pet will ensure that landlords cannot unreasonably refuse a person with disability having access to housing.

“Amending Tasmanian law so that assistance animals have the same protections as guide and hearing dogs will mean people with disability can fully participate in everyday life including applying for a rental property, catching a taxi and entering shops.

“We are contacted by renters who are refused rental properties because they have an assistance animal.

“In most cases, we are able to clarify with the landlord or real estate agency that their refusal is a breach of anti-discrimination law; however clearer legislative protections will provide certainty for both renters and landlords.”

Dariah Porter described her assistance dog, Maverick, as “a potential saver” who needed to be with her in public at all times.

“But because Maverick is not a guide dog he is often mistaken for a pet,” Ms Porter said.

“As well as law reform, a community education campaign is needed so that everyone is aware that many disabilities are hidden and assistance animals come in all different shapes and sizes.”

Tasmanian government minister, Eric Abetz, said while he was yet to read the report, he and his cabinet colleagues were open to considering its findings.

“We have an excellent Minister for Disability Services in Jo Palmer, and I’m sure she’ll look at that exceptionally carefully,” Mr Abetz said.

“As I understand it, there’s a national working group considering these matters … and I’m sure Minister Palmer and her office, and Minister Ellis and his office, will be looking at those recommendations.”