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s 9

Carer, assistant, assistance animal and disability aid definitions

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Part 1Preliminary

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.

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Disability Discrimination Act 1992 s 9 — Carer, assistant, assistance animal and disability aid definitions (Commonwealth) — Barrister AI