Qantas has agreed to change and clarify its application processes for assistance dogs after being sued for disability discrimination.
Sydney woman Rachael Fullerton took Qantas to the Federal Court in October last year, alleging discrimination and seeking a change to the airline’s policies, after it refused to let her assistance dog Strike travel with her.
ABC NEWS reported on the case last year, which has now been settled.
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Ms Fullerton, who lives with multiple disabilities, said the outcome would make “a huge difference” to people who rely on assistance dogs to travel safely and independently.
“It’s inconceivable that people with disabilities are still facing so many barriers to service, but hopefully this will set a precedent for improved disability standards and better practices from many businesses,” she said.
“It’s been a very long process to get to this point, but the outcome has definitely proven that it’s been worth it.”
What happened?
Ms Fullerton told ABC NEWS last year that Strike had helped her achieve a level of independence she’d never had before.
Among other things, he can alert her to medical issues before they become problematic and help with her anxiety.
She said he was essential to easing the impact of her disabilities and she couldn’t fly without him.
Strike has been trained to nudge Rachael if her heart rate or sugar levels are changing, and can find her accessible pathways in crowded spaces. (ABC NEWS: Brendan Esposito)
Strike is recognised by the National Disability Insurance Scheme and NSW government as an assistance dog and had previously been approved to fly on Rex Airlines and Virgin Australia.
However, in 2022 when Ms Fullerton applied for Strike to travel with her on Qantas, the airline refused as he did not meet its particular requirements for assistance dogs.
This involved providing what Ms Fullerton’s legal team said was “extensive information”, including evidence of meeting standards set by one of two specific organisations — Assistance Dogs International (ADI) and the Queensland Guide, Hearing and Assistance Dogs Act (GHAD) — that were “inaccessible to a vast number of assistance dog teams”.
Ms Fullerton said she went “round in circles” for months with Qantas trying to resolve the situation, but kept getting “generic responses that didn’t answer the questions”.
Her legal team argued Qantas’s requirements went well beyond what the Disability Discrimination Act required for assistance dog qualifications.
Qantas says it’s pleased to have resolved the case. (ABC NEWS: Adriane Reardon)
Qantas approved Strike to fly in the aircraft cabin after the discrimination claim was filed, but before it was settled.
In consultation with Ms Fullerton, the airline has changed a key exemption form that she said was “impossible” to fill out and prevented her from progressing her initial request for Strike to fly.
“We’re pleased to have resolved this matter and we look forward to welcoming Strike onboard in the future,” a Qantas spokesperson said in a statement.
Calls for greater consistency
Earlier this year, ABC NEWS heard hundreds of stories from people with disability, who said transport systems across the country, including the aviation system, had failed them.
In addition to issues with assistance dogs, people with disability reported being humiliated during air travel, having critical mobility aids broken, being tipped out of wheelchairs and getting hit with extra costs.
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In August, the federal government pledged a series of accessibility reforms, including new aviation-specific disability standards, though no timeline was set for them.
Bridie Murphy, senior associate at Maurice Blackburn Lawyers, said Ms Fullerton’s case could have been avoided if those standards were already in place, and if there was national consistency for assistance dog accreditation.
“The barriers to travel for people with disability are high enough,” she said.
“The few airlines people have access to in Australia should not be making this worse by setting up their own rules that make the process even more complicated and inaccessible.”
Sheetal Balakrishnan, senior solicitor from the Justice and Equity Centre, said all people with disability should get “fair and consistent treatment”, regardless of where they’re flying or with which airline.
“A comprehensive and enforceable national standard can set out rights for people with disability when travelling by air and require all operators to improve accessibility, so it’s not luck of the draw.”
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