Access to hospitality venues.

Relevant legislation.

Guide Dog Handlers’ access rights are prescribed under both state and federal legislation. Key pieces of legislation include: 

• Disability Discrimination Act 1992 (Federal): prohibits discrimination against people with disabilities who use assistance animals, including Guide Dogs. 

• Companion Animals Act 1998 (NSW): protects the access rights of people with assistance animals, including Guide Dogs, in public places. 

• Anti-Discrimination Act 1977 (NSW): protects individuals from discrimination, including the denial of service or entry to venues for people with disabilities. 

Responsibilities of hospitality venues.

• Access obligations: venues must allow entry to Guide Dogs and their Handlers without applying additional conditions. Staff may choose to ask the person for evidence that the dog is an Assistance Animal, but this evidence could be provided in various ways, such as showing a Guide Dog Passport, the Guide Dog harness or the Guide Dog medallion. Other types of Assistance Animals will hold different forms of evidence. 

• Staff training: staff should be trained to understand Guide Dog access rights and interact respectfully with Handlers. 

• Hygiene concerns: Guide Dogs Handlers are trained and obliged to keep their dog in good health through regular vet visits and vaccinations. They must also maintain grooming to a high standard. Guide Dogs are allowed in all places where food is served, including indoors, but may not enter the back-of-house areas where food is prepared, in line with the Food Standards Code. 

• Safety: venues should aim to ensure Guide Dog Handlers are not harassed or discriminated against by staff or other customers with their animals. 

Consequences for refusing a Guide Dog Handler.

• Fines and penalties: refusing access to a Guide Dog is a crime and can result in a fine and penalties being issued. A fine of $330 and penalty notices of up to $1,650 may apply if the case proceeds to court under the ‘Companion Animals Act 1998 (NSW)’. Fines can be issued by NSW Police and Local Council Rangers. 

• Human Rights Commission or Anti-Discrimination Board complaints:  discriminating against someone because of the presence of their Guide Dog puts the business at risk of a human rights complaint being lodged against them. The complaints are usually managed through a conciliation process, which may involve the venue acknowledging they acted discriminately, making changes to ensure discrimination is less likely to occur in the future, and being asked to pay compensation. 

• Reputational risk and loss of customer revenue: Bad reviews and customer complaints can lead to a poorer reputation. This can decrease the business’s customer base and limit income. 

Educating venues and reporting a refusal.

We encourage you to first inform the venue staff politely about your legal rights of access. If you are still refused access, you may ask to speak to the manager and show your Guide Dog Passport or Access Rights Card. If you are still not allowed access, you may choose to walk away from the venue and consider reporting the refusal in the following ways: 

• Use the Access Means Business toolkit to educate the venue: you may choose to share the Access Means Business educational materials via an email or letter to the venue manager. 

• Report the refusal and ask for support from Guide Dogs NSW/ACT: contact Guide Dogs NSW/ACT for advice and support. We may be able to send the venue an email or physical education pack.  

• Report the refusal to NSW Police: contact NSW Police to report the refusal by calling 131 444 or contacting the nearest police station. The NSW Police have the authority to consider issuing a fine under the ‘Companion Animals Act 1998 (NSW)’. Only call the emergency number 000 if you are in immediate danger. 

• Lodge a complaint with the NSW Anti-Discrimination Board: you may chose to file a complaint under state legislation with the NSW Anti-Discrimination Board, which reviews discrimination cases under the ‘Anti-Discrimination Act 1977 (NSW)’. Once they review your complaint, you may be asked to enter into a conciliation pross, which involves you and the discriminating business coming to an agreement on things like changes that need to be made within the venue or compensation to be paid. 

• Lodge a complaint with the Australian Human Rights Commission (AHRC): you may choose to file a complaint under federal legislation, the ‘Disability Discrimination Act (1992)’. Just like the NSW Anti-Discrimination Board, your complaint will be reviewed, and you may be asked to enter a conciliation process.  

Gathering data about an access refusal is important when it comes to issuing fines and lodging complaints. Data you may consider recording includes the: 

• business name 

• date and time of the incident 

• name of any staff you spoke with 

• details of any witnesses to the incident