An Australian woman on the NDIS who was denied permission to travel with her assistance dog on a Qantas flight is taking the major airline to court.
Sydney woman Rachael Fullerton has multiple disabilities and her faithful Border Collie named Strike has helped her live an independent life since he was placed with her a few years ago.
The pair usually travel everywhere together without any problems, but Qantas recently refused to allow Strike on board flights between Wagga Wagga and Sydney.
Other airlines, including Rex Airlines and Virgin Australia, have had no problems with the dog on their planes and he is also allowed to travel freely on public transport in NSW.
Rachael Fullerton (pictured) takes Qantas to court after the airline refused to let her travel with her assistance dog
“He gave me the confidence to be able to go somewhere on my own,” Ms Fullerton told the newspaper ABC.
“He warns me about medical problems before they… become a problem. It also does a lot more, such as helping with anxiety.'
Ms Fullerton is taking Qantas to the Federal Court after a failed reconciliation attempt through the Australian Human Rights Commission.
She alleges disability discrimination and is seeking to change the airline's policy, arguing she has been “unfairly treated.”
The case has been considered by the Public Interest Advocacy Center (PIAC) and will be heard in early 2024.
PIAC senior lawyer Sheetal Balakrishnan said Ms Fullerton would not be able to fly without her beloved dog as he is crucial in alleviating the serious effects of her disability.
She said it was discrimination if Qantas stopped the couple from traveling together.
Ms Fullerton said Strike (pictured) has helped her live her life independently
Under Qantas regulations, assistance dogs must be trained to a level that meets the standards of Assistance Dogs International (ADI) or the Queensland Guide, Hearing and Assistance Dogs Act (GHAD).
Qantas also considers dogs trained by other organizations or trainers, but these must demonstrate their ability to meet ADI or GHAD criteria.
Strike is not accredited by the ADI or GHAD, but is recognized as a service dog by the NDIS and the New South Wales Government.
Ms Fullerton said she tried to get Strike accredited by a GHAD-approved organisation, but there was no one in New South Wales willing to certify a dog he had not raised or trained himself.
Ms Fullerton said she was told she had to fill out a form from Qantas after first making contact to inform the airline about Strike's training in September last year.
“The form was impossible to complete if you did not have a dog certified by ADI or GHAD,” she said.
Ms Fullerton said things “went around in circles” in the following months and the airline continued to give her a blanket response that did not answer her questions.
Qantas said in a statement that it recognized the important role service dogs played for their owners and allowed “many” on board each year (pictured)
Ms Balakrishnan argued Qantas' requirements for service animals were more limited than what is required under the Disability Discrimination Act, which PIAC claims Strike complies with.
“Qantas makes its own rules, which we believe are arbitrary, unfair and inconsistent with what is required and permitted under national law,” she said.
Qantas said in a statement that it recognizes the important role service dogs play for travelers and that they “transport many service dogs every year.”
“Qantas consults in advance with customers with disabilities who wish to travel with a service dog to obtain all relevant information to ensure it is safe to transport the dog in the aircraft cabin,” the statement said.
Ms Fullerton hopes her battle with Qantas will help make air travel more accessible for others with service animals in the future.
“I want to make changes so it's accessible to everyone,” she said.