Court to decide if Tasmanian supermarket discriminated by not allowing alpaca in store
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A Tasmanian magistrate will decide whether a seaside town supermarket breached discrimination laws by not allowing an alpaca into the store.
Abbygail-Nigella Borst and Desmond Gaull lodged a complaint with Tasmania's Office of the Anti-Discrimination Commissioner (ADC) alleging discrimination after the pair entered the Orford IGA Everyday supermarket with Violet the alpaca in December 2023.
They were asked to leave the store because Violet was considered to be livestock and not permitted inside.
Violet has received attention online after being spotted at public places all around Tasmania including the Hobart Airport, major supermarkets, an RSL and even boat cruises on the River Derwent and Gordon River.
Ms Borst and Mr Gaull post videos on YouTube of Violet wearing an assistance animal coat and entering venues, usually met with intrigue from members of the public.
The pair's complaint to the ADC was referred to the Tasmanian Civil and Administration Tribunal (TASCAT), which has published its decision.
In his decision, TASCAT senior member Robert Winter said Ms Borst and Mr Gaull's complaint was based on "direct, indirect discrimination and offensive, humiliating, intimidating, insulting or ridiculing conduct by the supermarket, and discrimination on the basis of association with a person who has a disability".
The complaint lodged is based on federal law, the Disability Discrimination Act 1992, and the supermarket's defence used the state's Food Act and federal food standard legislation.
Mr Winter decided to transfer the complaint to the Magistrates Court, stating that the matter proceeding through the tribunal was not the best course of action.
'She helps me in public'
Ms Borst has previously told the ABC that Violet "goes everywhere" with her and is the fourth alpaca she has trained to be a service animal.
She said Violet was house trained and she "can't live without her".
"She helps me in public with people and she lets my carer know about when I am going to have an attack," Ms Borst said.
Violet has been filmed going through Hobart Airport security and also at baggage collection.
On his YouTube channel, Mr Gaull said the pair live on a 50-acre farm with alpacas, which help Ms Borst "more so than any other service animal" with post-traumatic stress disorder.
Tasmania is the only Australian state or territory that does not classify what "assistance animals" are, with state law only recognising seeing or hearing dogs.
Assistance animals offer highly trained disability support services to people who rely on them to participate in personal and public life with greater independence and confidence.
In Australia, they are considered working animals — along with seeing and hearing dogs — and are covered under the 1992 Disability Discrimination Act, meaning they have full access to public facilities.
That's not to be confused with emotional support animals, or companion animals, which are not recognised as service animals under disability laws and are considered pets.
Written by Georgie Burgess, ABC News.
Abbygail-Nigella Borst and Desmond Gaull lodged a complaint with Tasmania's Office of the Anti-Discrimination Commissioner (ADC) alleging discrimination after the pair entered the Orford IGA Everyday supermarket with Violet the alpaca in December 2023.
They were asked to leave the store because Violet was considered to be livestock and not permitted inside.
Violet has received attention online after being spotted at public places all around Tasmania including the Hobart Airport, major supermarkets, an RSL and even boat cruises on the River Derwent and Gordon River.
Violet the alpaca has been a passenger on Tasmania's Gordon River Cruise. (Supplied)
Ms Borst and Mr Gaull post videos on YouTube of Violet wearing an assistance animal coat and entering venues, usually met with intrigue from members of the public.
The pair's complaint to the ADC was referred to the Tasmanian Civil and Administration Tribunal (TASCAT), which has published its decision.
In his decision, TASCAT senior member Robert Winter said Ms Borst and Mr Gaull's complaint was based on "direct, indirect discrimination and offensive, humiliating, intimidating, insulting or ridiculing conduct by the supermarket, and discrimination on the basis of association with a person who has a disability".
The complaint lodged is based on federal law, the Disability Discrimination Act 1992, and the supermarket's defence used the state's Food Act and federal food standard legislation.
Mr Winter decided to transfer the complaint to the Magistrates Court, stating that the matter proceeding through the tribunal was not the best course of action.
'She helps me in public'
Ms Borst has previously told the ABC that Violet "goes everywhere" with her and is the fourth alpaca she has trained to be a service animal.
She said Violet was house trained and she "can't live without her".
Ms Borst says Violet the alpaca is house trained. (Supplied)
"She helps me in public with people and she lets my carer know about when I am going to have an attack," Ms Borst said.
Violet has been filmed going through Hobart Airport security and also at baggage collection.
On his YouTube channel, Mr Gaull said the pair live on a 50-acre farm with alpacas, which help Ms Borst "more so than any other service animal" with post-traumatic stress disorder.
Tasmania is the only Australian state or territory that does not classify what "assistance animals" are, with state law only recognising seeing or hearing dogs.
Assistance animals offer highly trained disability support services to people who rely on them to participate in personal and public life with greater independence and confidence.
In Australia, they are considered working animals — along with seeing and hearing dogs — and are covered under the 1992 Disability Discrimination Act, meaning they have full access to public facilities.
That's not to be confused with emotional support animals, or companion animals, which are not recognised as service animals under disability laws and are considered pets.
Written by Georgie Burgess, ABC News.
