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DISABILITY DISCRIMINATION ACT 1992 - SECT 9 Carer, assistant, assistance animal and disability aid definitions

DISABILITY DISCRIMINATION ACT 1992 - SECT 9

Carer, assistant, assistance animal and disability aid definitions

Meanings of carer or assistant , assistance animal and disability aid

  (1)   For the purposes of this Act, a carer or assistant , in relation to a person with a disability, is one of the following who provides assistance or services to the person because of the disability:

  (a)   a carer;

  (b)   an assistant;

  (c)   an interpreter;

  (d)   a reader.

  (2)   For the purposes of this Act, an assistance animal is a dog or other animal:

  (a)   accredited under a law of a State or Territory that provides for the accreditation of animals trained to assist a person with a disability to alleviate the effect of the disability; or

  (b)   accredited by an animal training organisation prescribed by the regulations for the purposes of this paragraph; or

  (c)   trained:

  (i)   to assist a person with a disability to alleviate the effect of the disability; and

  (ii)   to meet standards of hygiene and behaviour that are appropriate for an animal in a public place.

Note:   For exemptions from Part   2 for discrimination in relation to assistance animals, see section   54A.

  (3)   For the purposes of this Act, a disability aid , in relation to a person with a disability, is equipment (including a palliative or therapeutic device) that:

  (a)   is used by the person; and

  (b)   provides assistance to alleviate the effect of the disability.

Having a carer, assistant, assistance animal or disability aid

  (4)   The following table has effect:

 

Having a carer, assistant, assistance animal or disability aid

Item

For the purposes of this Act, a person with a disability has ...

if the person ...

1

a carer or assistant

(a) is presently accompanied by the carer or assistant; or

(b) was previously accompanied by the carer or assistant; or

(c) may be accompanied by the carer or assistant in the future; or

(d) is imputed to be accompanied by the carer or assistant.

2

an assistance animal or disability aid

(a) is presently accompanied by, or possesses, the animal or aid; or

(b) was previously accompanied by, or possessed, the animal or aid; or

(c) may be accompanied by, or possess, the animal or aid in the future; or

(d) is imputed to be accompanied by, or to possess, the animal or aid.