Senate Community Affairs Legislation Committee, , 5:50:04 to 6:02:09
The committee discusses the development of national principles for assistance animals, accreditation standards, and the current funding for animals within NDIS plans.
Topics: Social services, Animal welfare
Speakers: Hon Anne Ruston, Scott McNaughton, Anna Lutz, Hon Jenny McAllister, Unknown Speaker
Can I just ask about the assistance dogs? Hi. So I understand the national principles for the regulation of assistance animals went to DRC for endorsement, is that correct?
Thank you, Senator. Ananda-Rajah Lutz, First Assistant Secretary Disability Strategy Supports and Inclusion. Yes, that's correct, Senator Hunt.
So when were the principals and the consultation reports sent to the DRC?
They went to the disability ministers meeting in mid-2026 out of session.
Okay. Has the council considered them at any meeting subsequent to them having been sent out of session?
They are currently being progressed through state and territory approval processes, Senator.
So there are officials committees at the moment. So the DRC hasn't met since they haven't been considered at a ministerial meeting since the have any of the um uh the jurisdictions um approved the matter at a jurisdictional level?
Those jurisdictional approval processes are underway, Senator, yes.
Have there been any objections have raised to date that you're aware of?
Not that I'm aware of.
Okay. Um my understanding is that the NDIS require assistance animals to be trained by accredited providers. So I'm interested to understand if there's no national accreditation standard. What does NDIA count as accredited? What's your accreditation?
Thank you, Senator Scott McNorton from the uh National Dispute Insurance Agency. Um what we currently use to decide if an assistance animal meets the definition of assistance animal. We use the definition recommended by La Trobe University. That's the current um and they did a lot of work with the international experts. So does there's two key points that Trobe University use? One is the animal has a high level of obedience to enable it to access public situations, and the second key one is the animal is trained to perform at least three tasks or behaviours to do things that the person can't because of their disability. Then it goes on to talk about its trained then by a registered provider. Um so it's got all the right training and quality assurance processes around it. So that's the one of the first thresholds we use to um to see if the assistance animal meets the definition under the NDIS.
Okay, so um it does the NDIS have concerns um around the lack of a national definition. Is that it does that present any challenges to you in terms of your accreditation process?
We have a it is a a uh a very robust public-facing operational guidelines, Senator, around um the use of assistance animals. Uh and it goes into quite a lot of detail around the types of activities uh that the animal needs to be trained to do, things tasks like opening closing doors, drawers, pressing traffic lights, other things you you um would expect to train animal to do. Um and then it has to have the right college assurance processes and all the right inferences. So at the moment that's quite fit for purpose for us. Um there are different states and territory bodies that do train guide dogs or dog guides because guide dogs are trading names and saying I gods guide dogs Australia are also trading names or brand names. Um and the majority of people in the scheme who access uh assistance animal access it because of a vision or a hearing impairment at the moment through those um through those organisations. So we also have a separate technical advisory branch who the what their job is to do is to do the assessment to ensure the the assistance animal meets the criteria and that is considered an NDI support. So we control it really tightly within the agency to make um quality and informed decisions.
Sure. How many NDIS participants currently have approval for assistance animals funded in their plans?
Uh in the 2025-26 financial year, Senator, there was 781 participants.
781.
781.
Yeah, okay. And what's the total annual cost to the scheme of funding these animals?
I will take that on notice. The bit of data I have is around 2.66 million, but I'm going to take that on notice so I can get you that exact figure in the in the hearing, Senator.
Yeah. So you you know you made the point before that um in that there is um you know different names that are allowed to be used for for different types of assistance animals and that different jurisdictions obviously train in and and they have responsibility for the training. I mean, to what extent do you believe that a set of nationally consistent guidelines would provide um relief from from confusion?
As I said, Senator What we have uh and we've worked really closely with the La Trobe and we work really closely with the state and territory organisations. I think our operational guideline is really clear about our decision making process and principles. If there were to be another set of national guidelines, we would operate within those. Um that's sort of out of our jurisdiction at this stage, of course. So what we've done is provide the work we've done with the tribe to produce that guidance. Um the other the other important activity that happened in 2024, Senator, was the introduction of the NDIS supports, which clarified what is an assistance animal versus a companion animal or a pet. Um and that also created a lot of more clarity around what the NDS would and wouldn't fund around assistance animals versus companion animals.
Sure, okay. Um so back to the the process in terms of getting these nationally consistent um principles and regulations dealt Um so you've took on it took taken on notice you've told us when they went to the disability reform ministerial council out of session. So you said no jurisdiction has endorsed them as yet?
Uh no, Senator. I said there has been a number of jurisdictions that have endorsed them.
Can you tell us which jurisdictions they are?
I'll I'll come back. We might put that on notice just to confirm which ones. I'm pretty sure there's um South Australia, New South Wales, Victoria, Queensland, WA have endorsed, who have missed New South Wales. I think we're just waiting on one jurisdiction, Senator.
That's Tasmania.
Tasmania is endorsed, so it's Northern Territory. North who are waiting for.
Oh, Northern Terror. Oh, sorry, I think it's state, so just the Northern Territory that hasn't endorsed.
But they're all going through processes. So they're actively progressing endorsement. I would just want to clarify that. And we expect they'll be endorsed by the end of the year.
Yep. So is the consultant consultation report that um to be published?
Yes.
Yep. Okay, when will that be?
It'll be published along with the principals when they're endorsed. Okay, so a summary of the consultation.
Okay. So we won't see it until after they've been through the formal process. Um has there been much change in the principles through the consultation process?
Senator, I didn't need to take that on notice because there's been quite a there was a lot of response to the consultation process in 2025. Um and then there has been ongoing consultation from that time until the principals were finalised for endorsement with a range of stakeholders, including states and territories. I'd have to come back on notice. There would have been changes, but I have to come back on notice with exactly what that was.
Am I right that the consultation closed on the 1st of June 2025?
Just double check on it. Yes, that's correct, Senator.
So we need 17 months down the track and we'll we're still not.
So it was quite uh extensive, there was quite an extensive response to the public consultation. And then we've worked with states and territories on the principle, the drafting of the principles since then.
Nothing worse fast, does it, between the feds and the states and territories? Um so which agency will lead the implementation of these guidelines.
Well, the implementation of the principles once endorsed would sit with states and territories.
Yeah, but usually there's a jurisdiction that takes responsibility for the lead on a particular project that has been managed to be. Okay, thank you. Yep. Okay. Um has funding been set aside for elements such as the national identity card or public access test?
Uh I'd have to take that on notice, Senator.
Okay. Um just interested in terms of the principles alignment with the the disability discrimination act definition of assistance animal, um, which I understand sits with AGs. Has has that all been that that's circle been squared up?
Uh I Senator, I'll take on notice that it does, but yes. But the principles go to standardising the um consistent requirements to accredit assistant animals and would be based on that definition,
yes. Yep. So um so just interested um Minister, um is this an issue that you've raised with your state and territory counterparts? So would you like to elaborate on where you think it's going?
Senator Aston. I think it would be desirable for these principles to be approved, and that's why the Commonwealth has been moving this through the process. As swiftly as we can. It's generally you will recall from your time in government that it's often best to have such conversations. If you wish to make progress, having a quiet conversation is sometimes better than a noisy one, and I continue to talk to them about this issue.
Yeah. But I'm I'm going to understand you're probably just as frustrated as I am that we're 17 months after the consultation paper and you're still having to we haven't got a resolution here. So just keen to understand, is there will there be legislation required either at a commonwealth level or a state and territory jurisdictional level in order to put the principles into effect?
Senator, I'd need to take that on notice because it may depend on states and territories have different regulatory and legislative requirements as you've noted. So we would expect there'd be some for alignment, but that will depend. In terms of your earlier question about funding, that would be part of the implementation, which would be subsequent to endorsement of the principles and decisions of governments.
Okay. So once you've got the principles and the like in place, who will have responsibility for the design administration of the scheme?
We would work in partnership with states and territories, and again that'll be part of implementation.
And is there a projected timeline from endorsement to full operation of the of the actual scheme?
At this stage, we would be projecting it would be over the next three years. And again, the implementation to be set out. Once the principles are endorsed.