Companion Animals Act
The Companion Animals Act 1998 (New South Wales) and Domestic Animals Act 2000 (ACT)
outlines the rights and responsibilities of the users of companion animals, including cats and dogs, in New South Wales and the ACT. In general, the rules and restrictions that apply to ordinary domestic and companion dogs also apply to Guide Dogs and other assistance animals with some important exceptions.
Guide Dog access
While domestic dogs may be prohibited from some public places, the legislation makes it unlawful to restrict access for people with vision impairment and their Guide Dogs in any way, in all places used by the public except for areas of quarantine. A provider of services may not impose an extra charge on someone who is accompanied by a Guide Dog unless expenses were incurred, such as providing food or special accommodation for the Guide Dog. This legislation overrides all other state/territory legislation that might restrict access.
People who are accompanied by other animals may or may not have similar rights. Assistance animals are defined in this legislation to include Guide Dogs, hearing dogs and any other animal specially trained to assist a person to alleviate the effect of a disability. (For further definition of an assistance animal, see the Disability Discrimination Act and DDA guidelines or contact the Human Rights & Equal Opportunity Commission for advice.)
These rights do not extend to people accompanied by companion dogs or other companion animals.
Stray dogs and Guide Dogs
The legislation requires that dog owners must be able to keep their dogs contained on their property. When out in public, a dog must be kept on a lead at all times except in specially designated "off-leash" areas. Under the legislation, any dog which is not accompanied by a responsible person is a stray and may be seized.
Loose dogs may jeopardise the safety of a Guide Dog user by distracting or attacking the Guide Dog, which puts both the person and their Guide Dog at risk. This can be a terrifying experience and may in extreme cases lead to the person and their guide dog having to be retrained.
Implementation and enforcement
Councils in New South Wales are responsible for implementing and enforcing the Companion Animals Act 1998 (New South Wales). Authorised officers from ACT Domestic Animal Services enforce the Domestic Animals Act 2000 (ACT).
Further information
The following links provide more information about dog legislation in New South Wales and ACT.