A Tasmanian pair’s attempt to take an alpaca into a supermarket has sparked a discrimination case that raises questions about what qualifies as an assistance animal under Australian law.
Abbygail-Nigella Borst and Desmond Gaull were asked to leave IGA Everyday Orford on December 9, 2023, after staff said their alpaca was considered “livestock” and wasn’t allowed in the store.
The pair filed a discrimination complaint days later, with Borst claiming the alpaca named Violet is an assistance animal.
Tribunal documents show Borst provided “a medical certificate from her physician stating that Violet is used as part of the complainant’s therapy”.
In their complaint to the Anti-Discrimination Commissioner, the pair alleged “direct, indirect discrimination and offensive, humiliating, intimidating, insulting or ridiculing conduct” by the supermarket.
The case highlights the ongoing tension between disability rights and food safety rules. IGA’s defence leans on the Food Act 2003 (Tas), arguing that banning livestock in a food premises is simply complying with the law.
The Tasmanian Civil and Administrative Tribunal (TASCAT) flagged possible inconsistencies between state and federal laws, which could lead to constitutional questions.
Rather than throwing the case out, TASCAT has bumped it over to the Magistrates Court for further consideration.
The outcome could set a precedent around whether non-traditional animals, especially those legally defined as livestock, can be recognised as assistance animals under discrimination law.
Pulse understands the alpaca is no stranger to public outings and has visited a range of venues and businesses across the state.
Clips of the animal have gone viral on TikTok, racking up millions of likes and tens of millions of views.
The alpaca has been spotted on a leash at Centrelink, Harvey Norman and various Woolworths supermarkets.
