Hi there. The Disability Discrimination Act 1992 (Cth) is a national law prohibiting discrimination on the basis of disability. Under the Act, a business cannot refuse their services to someone simply because they require an assistance animal. An assistance animal is one that is appropriately accredited under a State or Territory law, or otherwise trained to assist a person with a disability to alleviate the effect of the disability and to meet standards of hygiene and behaviour that are appropriate for an animal in a public place. Refusing service to someone who requires an assistance animal will generally amount to unlawful discrimination.

However, there are a number of exceptions or qualifications to this rule under the Disability Discrimination Act. Refusal of service will not amount to discrimination if the business reasonably suspects the animal has an infectious disease and it is necessary to refuse the service for public health purposes, or the animal does not meet the standards of hygiene and behaviour appropriate for an animal in a public space. The business can also request evidence that the dog is trained to help alleviate the effects of disability, and evidence about its standards of hygiene and behaviour.

Based on the information you provided, it appears that the airline may have unlawfully discriminated against you because of your requirement for an assistance animal. Just because the Northern Territory does not have an accreditation scheme for assistance animals, does not mean the airline can deny travel, provided your dog is otherwise properly trained as an assistance animal. This law was recently confirmed in the Federal Court case of Mulligan v Virgin Australia Pty Ltd [2015] FCAFC 130, where the airline was found to have discriminated against a passenger for refusing travel with an assistance guide dog. While this case appears to be very similar to yours, it cannot be said with certainty that the same outcome should be reached in your case. A lot will depend on the nature of your dealings with the airline and your personal circumstances.

If you are unable to resolve the issue directly with the airline, you can lodge a formal complaint with the Australian Human Rights Commission (www.humanrights.gov.au). The Commission will contact you to discuss your complaint, speak to the airline about the issue and then provide you with a copy of the airline’s response. If the issue is still unresolved, it may progress to the 'conciliation’ stage, where you would speak directly with the airline whilst an independent conciliator helped both sides reach a resolution. This could be achieved in a number of ways, for instance, with an apology, change of policy, and/or compensation.

If the matter was still unresolved or was discontinued by the Commission, you could take the matter to court within 60 days of Commission’s finalisation. The court would decide whether unlawful discrimination occurred and award an appropriate remedy, such as compensation. If you took the matter to court, you would most likely need help from a lawyer.

Suggested way forward

It sounds like you have strong legal grounds for making a claim for discrimination against the airline. You should begin by either contacting the airline to resolve the dispute or lodging a formal complaint with the Commission. Alternatively, you may want to speak to a disability or human rights lawyer for further advice and representation. By pressing the “Consult a Lawyer” button, LawAdvisor can help you search for experienced lawyers and obtain fee proposals for their services. Costs will vary between providers based on experience and the scope of services.