Win for air travellers with assistance dogs after discrimination case against Qantas settles

5 November 2024

The Justice and Equity Centre and Maurice Blackburn Lawyers represented Rachael Fullerton after Qantas refused to give permission for her assistance dog Strike to fly with her.

Strike is trained to alleviate the effects of Ms Fullerton’s disabilities and is recognised by the National Disability Insurance Agency as an assistance animal.

However in 2022 when Ms Fullerton requested permission from Qantas for Strike to travel with her, she was refused, with the airline saying Strike could not fly without meeting its particular requirements for assistance animals.

This involved providing extensive information, including evidence of certification through one of two specific organisations that are inaccessible to a vast number of assistance dog teams.

Qantas’ requirements went well beyond what the federal Disability Discrimination Act requires in terms of training and qualifications for assistance animals.

Strike was already approved to travel with Rex Airlines and Virgin Australia, and Ms Fullerton has taken multiple flights with Strike on Virgin.

Ms Fullerton’s disability discrimination case filed in the Federal Court in October 2023 has now settled, with Qantas agreeing to change its application and approval process for assistance animals so other dogs like Strike can obtain approval to fly more easily.

Strike was approved to fly on Qantas after the discrimination claim was filed, but before the claim settled.

Quotes attributable to Rachael Fullerton:

“The changes we were able to achieve with Qantas were long overdue and will ultimately make a huge difference to the accessibility of air travel for people like myself who need to travel with an assistance dog.

“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 moving forwards.

“It’s been a very long process to get to this point, but the outcome has definitely proven that it’s been worth it.”

Quotes attributable to Sheetal Balakrishnan, Senior Solicitor from the Justice and Equity Centre:

”Rachael has been relentless in pushing Qantas to implement a fair approval system for all assistance dogs and handlers.

“But the burden shouldn’t be on people with disability to make discrimination complaints after the fact. Cases like Rachael’s show why an aviation disability standard with proactive enforcement by an independent regulator is essential to ensure people with disability have equal access to air travel.

“People with disability should be able to expect fair and consistent treatment no matter which airline they fly with or which airport they fly to. 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.”

Quotes attributable to Bridie Murphy, Senior Associate at Maurice Blackburn Lawyers:

“It is unlawful disability discrimination for Australian businesses to refuse service to a person because they have an assistance animal.

“This outcome not only helps Rachael and Strike, but is a win for every person with a disability who relies on an assistance dog for independence and safety.

“Maurice Blackburn is proud to have represented Rachael in achieving this excellent result from a hard-fought case, but it’s regrettable this case was even necessary.

“Rachael first tried to fly with Qantas in September 2022. It’s taken her more than two years and a substantial legal fight to win the right to travel with Strike on Qantas.

“The barriers to travel for people with disability are high enough. 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.

“While this outcome is a step in the right direction, there is still a lot to be done. This entire case could have been avoided if there were clear national standards for assistance animal accreditation and disability standards for the aviation industry in particular.”

Media enquires:
- Chee Chee Leung, Maurice Blackburn, 0412 560 584 or cleung@mauriceblackburn.com.au
- Dan Buhagiar, Justice and Equity Centre, 0478 739 280 or dbuhagiar@jec.org.au