Operationalizing the Test for Protection in Australia and Canada: Distinguishing between Disability Assistance Animals and Pets

Ellen Wood, Paul Harpur, Martie-Louise Verreynne and Nancy Pachana Australian Regulatory Responses to disability Service animals, 4 February 2017, Co-Hosted by the Faculty of Social Sciences at MCMASTER UNIVERSITY (CANADA) And The TC Beirne SCHOOL Of Law At The University Of Queensland (Australia)

Posted: 14 Feb 2017

See all articles by Ellen Wood

Ellen Wood

University of Queensland

Paul Harpur

University of Queensland - T.C. Beirne School of Law

Martie‐Louise Verreynne

University of Queensland

Nancy Pachana

University of Queensland

Date Written: February 4, 2017

Abstract

This conference paper presents the findings of a conference co-hosted by the Faculty of Social Sciences at McMaster University (Canada) and the TC Beirne School of Law at the University of Queensland (Australia). The discussion centred on the jurisdictional differences in the regulatory responses to disability service animals that are owner-trained in both Australia and Canada. This conference served as a timely discussion about a very vague area in the law worldwide. It is increasingly prevalent for disability assistance animals to be trained by their owners, rather than through established guide dog and assistance dog associations, which has been the traditionally common approach. Through analysis of the current legislative framework in Australia and Canada, and evaluation of several significant cases on this topic, participants stressed concerns with the current state of the law and called on legislative reform to strike a balance between the needs of the disabled and the confidence of service providers and the public as to standards of assistance animals in public places.

Suggested Citation

Wood, Ellen and Harpur, Paul David and Verreynne, Martie‐Louise and Pachana, Nancy, Operationalizing the Test for Protection in Australia and Canada: Distinguishing between Disability Assistance Animals and Pets (February 4, 2017). Ellen Wood, Paul Harpur, Martie-Louise Verreynne and Nancy Pachana Australian Regulatory Responses to disability Service animals, 4 February 2017, Co-Hosted by the Faculty of Social Sciences at MCMASTER UNIVERSITY (CANADA) And The TC Beirne SCHOOL Of Law At The University Of Queensland (Australia). Available at SSRN: https://ssrn.com/abstract=2916422

Ellen Wood

University of Queensland ( email )

St Lucia
Brisbane, Queensland 4072
Australia

Paul David Harpur (Contact Author)

University of Queensland - T.C. Beirne School of Law ( email )

Brisbane, Queensland 4072
Australia

Martie‐Louise Verreynne

University of Queensland ( email )

St Lucia
Brisbane, Queensland 4072
Australia

Nancy Pachana

University of Queensland

St Lucia
Brisbane, Queensland 4072
Australia

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