Accommodation provider fined for guide dog refusal in Qld first case

Janice Whittle and her guide dog Keegan were denied accommodation by a provider in Agnes Water. (Supplied: Janice Whittle) Agnes Water accommodation provider Brendan Farrugia has been fined $2,800 with no conviction for refusing a woman and her guide dog lodging in a landmark case. Janice Whittle and her guide dog Keegan were denied accommodation in December 2024 and told she could stay if she paid a $100 cleaning fee. Guide Dogs Queensland CEO Jock Beveridge said guide dog refusals were very common, but most matters do not make it to court. Link copiedShareShare articleA Queensland accommodation owner has been the first to be prosecuted under the state's guide dog laws, after refusing a woman and her guide dog lodging and imposing an additional cleaning fee. Brendan Farrugia pleaded guilty last month to declining Janice Whittle, who has a disability, and her guide dog to stay at his Central Queensland villa. The 41-year-old also pleaded guilty to imposing an extra fee on Ms Whittle because of her guide dog. Janice Whittle is legally blind. (Supplied) Legislation was introduced in 2009 to allow guide, hearing and assistance dogs and their handlers to go almost anywhere. Until last month, no one had been prosecuted under the state law. Guide Dogs Queensland CEO Jock Beveridge said the case was "very significant" and hoped it would send an important signal to venue owners that "you can't discriminate". The matter was heard in the Bundaberg Magistrates Court on April 30, the day after International Guide Dog Day. Janice Whittle booked the accommodation in December 2024. (Supplied: Janice Whittle) The court was told Ms Whittle, who is legally blind, booked to stay at Mr Farrugia's Agnes Water accommodation in December 2024. The prosecutor said when Ms Whittle arrived at the property, she was told she was not allowed to stay there. "That refusal occurred despite Ms Whittle telling the defendant that he couldn't refuse her accommodation because she was accompanied by her guide dog," the prosecutor said. The court heard Mr Farrugia offered Ms Whittle the option to stay there if she paid a $100 cleaning fee. Agnes Water is a popular coastal tourist destination. (Supplied: Gladstone Area Promotion and Development Limited) The prosecutor said the accommodation normally charges a $20 fee for animals to stay there. The court heard Mr Farrugia assisted Ms Whittle in finding new accommodation and gave her a full refund. The prosecutor said Mr Farrugia was interviewed by investigators in March 2025, where he told them he refused Ms Whittle, "citing that he didn't like dogs in the house". In the interview, he said the cleaning fee was offered because he would have to "scrub the ceilings, the fans and every light" if the guide dog stayed in the accommodation. The prosecutor argued Mr Farrugia's action "should be denounced by the court." "My submission is that a sentence imposed on the defendant has to make it clear to the community that this sort of conduct can't take place," she said. The defence argued the guide dog laws were not well known. (Supplied: Janice Whittle) The defence lawyer for Mr Farrugia said his client was "misinformed" about the laws, and it was a "very regrettable incident". He said the rules around guide dog access were not well known to the public. "This is the first time in the state of Queensland that there's been a prosecution," he said. "Obviously, this is a litmus test to some degrees." The defence lawyer said Mr Farrugia was "contrite" over the incident, participated in a recorded interview, and a plea was "entered at the earliest opportunity". He asked that the matter be dealt with a "modest fine". In handing down his sentencing, Magistrate John McInnes said the whole situation stemmed from Mr Farrugia's "ignorance of the law". "Ignorance of the law is not an excuse," he said. "Accommodation providers are expected to be up to date with the essential rules that apply to offering accommodation. This is one of them." The matter was heard in Bundaberg Magistrates Court. (ABC Wide Bay: Grace Whiteside) Magistrate McInnes said he took into account Mr Farrugia's plea and that he held the booking until alternative accommodation was found. "That makes it less serious and less insulting than a situation where someone was just told, 'no, you can't come in, and you're on your own,'" he said. But Magistrate McInnes said the second charge added to the "criminality" of the offence, as it suggested that "an assistance animal is a burden as opposed to just being part and parcel of a human being exercising their rights". He said he expected Mr Farrugia would "do the right thing" if he was confronted with this situation again. The 41-year-old was ordered to pay a $2,200 fine for refusing accommodation and a $600 fine for attempting to impose an additional cleaning fee, but no conviction was recorded. Ms Whittle left the court feeling mixed emotions. "His fine was pretty pat

Accommodation provider fined for guide dog refusal in Qld first case

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