An NDIS recipient is taking Qantas to court over allegations of disability discrimination after the airline barred her assistance dog from travelling with her on its planes.
Rachael Fullerton and her border collie assistance dog Strike first made the request to Qantas for approval in late 2022, but the airline has failed to recognise her dog as an assistant animal, preventing him from travelling on its flights.
"Strike plays a massive role in my life," Ms Fullerton said.
"He gives me the independence most people take for granted and my world has expanded significantly because of his support."
The National Disability Insurance Agency recognises Strike as an assistant animal and he receives funding from the NDIS for training and maintenance.
The collie, which has passed the required test for assistance dogs and is registered, has been trained to keep Ms Fullerton safe including alerting her to impending medical issues and seeking help when needed.
Virgin Australia and Rex Airlines both recognise Strike as an assistant animal and permit him to travel on their planes.
"(Strike’s) been on several flights with me in the past year and his training and behaviour have been repeatedly praised by flight crews and other passengers," she said.
Ms Fullerton has spent countless hours over many months dealing with the "stressful and traumatic" process to get Strike approved by Qantas but said she has been met with silence.
The stance by Qantas meant Ms Fullerton has missed important meetings and been left stranded as it was the only airline regularly flying to places she needed to go.
"It’s incredibly disheartening that consumer choice is taken away from me and others with fully trained assistance dogs. But Qantas doesn’t seem to care."
Qantas uses standards set by Assistance Dogs International or under the Queensland Act, and handlers with dogs not approved under those guidelines must be able to demonstrate they meet those standards.
"We recognise the important role that properly trained assistance dogs perform for travellers with specific needs and Qantas carries many assistance dogs each year," a Qantas spokeswoman said.
The Public Interest Advocacy Centre has taken Qantas to the Federal Court on behalf of Ms Fullerton, arguing the airline's conduct amounts to disability discrimination.
"Qantas can’t make its own rules," Ms Fullerton's lawyer Sheetal Balakrishnan said.
"If Strike is an assistance animal under the federal Disability Discrimination Act, refusing to let him fly discriminates against Rachael."
The senior solicitor will ask the court to make a formal finding that Qantas has discriminated against her and order that Qantas change its policy to prevent this from happening again to anyone else.
Ms Balakrishnan said clear national standards would have prevented this from occurring.
