{"id":"qld:act-2009-004","name":"Guide, Hearing and Assistance Dogs Act 2009","slug":"guide-hearing-and-assistance-dogs-act-2009","collection":"act","jurisdiction":"qld","status":"in_force","isInForce":true,"actNumber":"4 of 2009","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":29885,"registerId":"qld-act-2009-004-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"pt.1","sectionType":"part","heading":"Preliminary","content":"# Preliminary","sortOrder":0},{"sectionNumber":"pt.1-div.1","sectionType":"division","heading":"Introduction","content":"## Introduction","sortOrder":1},{"sectionNumber":"sec.1","sectionType":"section","heading":"Short title","content":"### sec.1 Short title\n\nThis Act may be cited as the Guide, Hearing and Assistance Dogs Act 2009 .","sortOrder":2},{"sectionNumber":"sec.2","sectionType":"section","heading":"Commencement","content":"### sec.2 Commencement\n\nThis Act commences on a day to be fixed by proclamation.","sortOrder":3},{"sectionNumber":"sec.3","sectionType":"section","heading":"Objects of Act","content":"### sec.3 Objects of Act\n\nThe objects of this Act are—\nto assist people with a disability who rely on guide, hearing or assistance dogs to have independent access to the community; and\nto ensure the quality and accountability of guide, hearing and assistance dog training services.\nThe objects are mainly achieved by—\nprotecting the right of people with a disability who rely on guide, hearing or assistance dogs to be accompanied by the person’s guide, hearing or assistance dog in places of accommodation and particular public places and public passenger vehicles; and\nprotecting the right of trainers of guide, hearing and assistance dogs to be accompanied by the dogs in places of accommodation and particular public places and public passenger vehicles; and\nproviding a simple and consistent means of identifying properly trained guide, hearing and assistance dogs; and\nproviding for the approval of guide, hearing and assistance dog training services.\ns 3 amd 2013 No. 58 s 34\n(sec.3-ssec.1) The objects of this Act are— to assist people with a disability who rely on guide, hearing or assistance dogs to have independent access to the community; and to ensure the quality and accountability of guide, hearing and assistance dog training services.\n(sec.3-ssec.2) The objects are mainly achieved by— protecting the right of people with a disability who rely on guide, hearing or assistance dogs to be accompanied by the person’s guide, hearing or assistance dog in places of accommodation and particular public places and public passenger vehicles; and protecting the right of trainers of guide, hearing and assistance dogs to be accompanied by the dogs in places of accommodation and particular public places and public passenger vehicles; and providing a simple and consistent means of identifying properly trained guide, hearing and assistance dogs; and providing for the approval of guide, hearing and assistance dog training services.\n- (a) to assist people with a disability who rely on guide, hearing or assistance dogs to have independent access to the community; and\n- (b) to ensure the quality and accountability of guide, hearing and assistance dog training services.\n- (a) protecting the right of people with a disability who rely on guide, hearing or assistance dogs to be accompanied by the person’s guide, hearing or assistance dog in places of accommodation and particular public places and public passenger vehicles; and\n- (b) protecting the right of trainers of guide, hearing and assistance dogs to be accompanied by the dogs in places of accommodation and particular public places and public passenger vehicles; and\n- (c) providing a simple and consistent means of identifying properly trained guide, hearing and assistance dogs; and\n- (d) providing for the approval of guide, hearing and assistance dog training services.","sortOrder":4},{"sectionNumber":"pt.1-div.2","sectionType":"division","heading":"Interpretation","content":"## Interpretation","sortOrder":5},{"sectionNumber":"sec.4","sectionType":"section","heading":"Dictionary","content":"### sec.4 Dictionary\n\nThe dictionary in schedule 4 defines particular words used in this Act.","sortOrder":6},{"sectionNumber":"sec.5","sectionType":"section","heading":"What is a disability","content":"### sec.5 What is a disability\n\nA disability is a person’s condition that—\nis attributable to—\nan intellectual, psychiatric, cognitive, neurological, sensory or physical impairment; or\na vision or hearing impairment\nthe presence in the person’s body of organisms causing illness or disease; and\nresults in—\na reduction of the person’s capacity for communication, social interaction, learning, mobility or self care or management; and\nthe person needing support.\nThe disability may be, but need not be, of a chronic episodic nature.\n(sec.5-ssec.1) A disability is a person’s condition that— is attributable to— an intellectual, psychiatric, cognitive, neurological, sensory or physical impairment; or a vision or hearing impairment the presence in the person’s body of organisms causing illness or disease; and results in— a reduction of the person’s capacity for communication, social interaction, learning, mobility or self care or management; and the person needing support.\n(sec.5-ssec.2) The disability may be, but need not be, of a chronic episodic nature.\n- (a) is attributable to— (i) an intellectual, psychiatric, cognitive, neurological, sensory or physical impairment; or Examples— a vision or hearing impairment (ii) the presence in the person’s body of organisms causing illness or disease; and\n- (i) an intellectual, psychiatric, cognitive, neurological, sensory or physical impairment; or Examples— a vision or hearing impairment\n- (ii) the presence in the person’s body of organisms causing illness or disease; and\n- (b) results in— (i) a reduction of the person’s capacity for communication, social interaction, learning, mobility or self care or management; and (ii) the person needing support.\n- (i) a reduction of the person’s capacity for communication, social interaction, learning, mobility or self care or management; and\n- (ii) the person needing support.\n- (i) an intellectual, psychiatric, cognitive, neurological, sensory or physical impairment; or Examples— a vision or hearing impairment\n- (ii) the presence in the person’s body of organisms causing illness or disease; and\n- (i) a reduction of the person’s capacity for communication, social interaction, learning, mobility or self care or management; and\n- (ii) the person needing support.","sortOrder":7},{"sectionNumber":"pt.2","sectionType":"part","heading":"Guide, hearing and assistance dogs in places of accommodation, public places and public passenger vehicles","content":"# Guide, hearing and assistance dogs in places of accommodation, public places and public passenger vehicles","sortOrder":8},{"sectionNumber":"pt.2-div.1","sectionType":"division","heading":"Preliminary","content":"## Preliminary","sortOrder":9},{"sectionNumber":"sec.6","sectionType":"section","heading":"Definitions for pt 2","content":"### sec.6 Definitions for pt 2\n\nIn this part—\naccompanied handler means—\na person with a disability who is accompanied by the certified guide, hearing or assistance dog the person relies on to reduce the person’s need for support; or\nan alternative handler who is accompanied by a primary handler and the primary handler’s certified guide, hearing or assistance dog for which the alternative handler has a handler’s identity card; or\nan approved trainer, employee trainer or puppy carer who is accompanied by a guide, hearing, assistance or trainee support dog.\ns 6 def accompanied handler ins 2013 No. 58 s 36\namd 2015 No. 21 s 4 (2) – (3)\ncertified guide, hearing or assistance dog ...\ns 6 def certified guide, hearing or assistance dog ins 2013 No. 58 s 36\nom 2015 No. 21 s 4 (1)\nplace of accommodation includes the following—\na house or flat;\na hotel or motel;\na boarding house or hostel;\na caravan or caravan site;\na manufactured home under the Manufactured Homes (Residential Parks) Act 2003 ;\na site within the meaning of the Manufactured Homes (Residential Parks) Act 2003 , section 13 ;\na camping site.\ns 6 def place of accommodation ins 2013 No. 58 s 36\npublic passenger vehicle means a vehicle used to transport members of the public.\nbus, ferry, plane, taxi or train\npublic place ...\ns 6 def public place om 2015 No. 21 s 4 (4)\nterm includes a condition, requirement or practice, whether or not written.\ns 6 def term ins 2013 No. 58 s 36\n- (a) a person with a disability who is accompanied by the certified guide, hearing or assistance dog the person relies on to reduce the person’s need for support; or\n- (b) an alternative handler who is accompanied by a primary handler and the primary handler’s certified guide, hearing or assistance dog for which the alternative handler has a handler’s identity card; or\n- (c) an approved trainer, employee trainer or puppy carer who is accompanied by a guide, hearing, assistance or trainee support dog.\n- (a) a house or flat;\n- (b) a hotel or motel;\n- (c) a boarding house or hostel;\n- (d) a caravan or caravan site;\n- (e) a manufactured home under the Manufactured Homes (Residential Parks) Act 2003 ;\n- (f) a site within the meaning of the Manufactured Homes (Residential Parks) Act 2003 , section 13 ;\n- (g) a camping site.","sortOrder":10},{"sectionNumber":"sec.7","sectionType":"section","heading":"Public places and public passenger vehicles to which this part applies","content":"### sec.7 Public places and public passenger vehicles to which this part applies\n\nThis part applies to any public place or public passenger vehicle, other than the following—\na part of a health service facility mentioned in schedule 1 ;\nan ambulance;\na part of a public place or public passenger vehicle where food is ordinarily prepared;\na public place or public passenger vehicle prescribed under a regulation for this section.\nThe Minister may recommend the making of a regulation under subsection (1) (d) only if the Minister is satisfied that the presence of a dog in the public place or public passenger vehicle would be—\na risk to the health or welfare of people ordinarily at the place or on the vehicle; or\nfor a public place—a serious risk to a plant or animal native to the place.\n(sec.7-ssec.1) This part applies to any public place or public passenger vehicle, other than the following— a part of a health service facility mentioned in schedule 1 ; an ambulance; a part of a public place or public passenger vehicle where food is ordinarily prepared; a public place or public passenger vehicle prescribed under a regulation for this section.\n(sec.7-ssec.2) The Minister may recommend the making of a regulation under subsection (1) (d) only if the Minister is satisfied that the presence of a dog in the public place or public passenger vehicle would be— a risk to the health or welfare of people ordinarily at the place or on the vehicle; or for a public place—a serious risk to a plant or animal native to the place.\n- (a) a part of a health service facility mentioned in schedule 1 ;\n- (b) an ambulance;\n- (c) a part of a public place or public passenger vehicle where food is ordinarily prepared;\n- (d) a public place or public passenger vehicle prescribed under a regulation for this section.\n- (a) a risk to the health or welfare of people ordinarily at the place or on the vehicle; or\n- (b) for a public place—a serious risk to a plant or animal native to the place.","sortOrder":11},{"sectionNumber":"pt.2-div.2","sectionType":"division","heading":"Right to be accompanied by a guide, hearing or assistance dog","content":"## Right to be accompanied by a guide, hearing or assistance dog","sortOrder":12},{"sectionNumber":"sec.8","sectionType":"section","heading":"People with a disability may be accompanied by their guide, hearing and assistance dogs","content":"### sec.8 People with a disability may be accompanied by their guide, hearing and assistance dogs\n\nDespite any other Act, a person with a disability who relies on a guide, hearing or assistance dog to reduce the person’s need for support may be accompanied by the person’s certified guide, hearing or assistance dog in a place of accommodation, public place or public passenger vehicle.\nAlso, a person with a disability who relies on a guide, hearing or assistance dog to reduce the person’s need for support does not commit an offence merely by taking the person’s certified guide, hearing or assistance dog into a place of accommodation, public place or public passenger vehicle.\ns 8 amd 2013 No. 58 s 37 ; 2015 No. 21 s 5\n(sec.8-ssec.1) Despite any other Act, a person with a disability who relies on a guide, hearing or assistance dog to reduce the person’s need for support may be accompanied by the person’s certified guide, hearing or assistance dog in a place of accommodation, public place or public passenger vehicle.\n(sec.8-ssec.2) Also, a person with a disability who relies on a guide, hearing or assistance dog to reduce the person’s need for support does not commit an offence merely by taking the person’s certified guide, hearing or assistance dog into a place of accommodation, public place or public passenger vehicle.","sortOrder":13},{"sectionNumber":"sec.8A","sectionType":"section","heading":"Alternative handler may be accompanied by primary handler and certified guide, hearing and assistance dog","content":"### sec.8A Alternative handler may be accompanied by primary handler and certified guide, hearing and assistance dog\n\nDespite any other Act, an alternative handler may, in a place of accommodation, public place or public passenger vehicle, be accompanied by a primary handler and the primary handler’s certified guide, hearing or assistance dog for which the alternative handler has a handler’s identity card.\nAlso, an alternative handler who is accompanied by a primary handler and dog under subsection (1) does not commit an offence merely by taking the dog into a place of accommodation, public place or public passenger vehicle.\ns 8A ins 2015 No. 21 s 6\n(sec.8A-ssec.1) Despite any other Act, an alternative handler may, in a place of accommodation, public place or public passenger vehicle, be accompanied by a primary handler and the primary handler’s certified guide, hearing or assistance dog for which the alternative handler has a handler’s identity card.\n(sec.8A-ssec.2) Also, an alternative handler who is accompanied by a primary handler and dog under subsection (1) does not commit an offence merely by taking the dog into a place of accommodation, public place or public passenger vehicle.","sortOrder":14},{"sectionNumber":"sec.9","sectionType":"section","heading":"Trainers and puppy carers may be accompanied by guide, hearing, assistance and trainee support dogs","content":"### sec.9 Trainers and puppy carers may be accompanied by guide, hearing, assistance and trainee support dogs\n\nDespite any other Act, an approved trainer, employee trainer or puppy carer may be accompanied by a guide, hearing, assistance or trainee support dog in a place of accommodation, public place or public passenger vehicle.\nAlso, an approved trainer, employee trainer, or puppy carer does not commit an offence merely by taking a guide, hearing, assistance or trainee support dog into a place of accommodation, public place or public passenger vehicle.\ns 9 amd 2013 No. 58 s 38\n(sec.9-ssec.1) Despite any other Act, an approved trainer, employee trainer or puppy carer may be accompanied by a guide, hearing, assistance or trainee support dog in a place of accommodation, public place or public passenger vehicle.\n(sec.9-ssec.2) Also, an approved trainer, employee trainer, or puppy carer does not commit an offence merely by taking a guide, hearing, assistance or trainee support dog into a place of accommodation, public place or public passenger vehicle.","sortOrder":15},{"sectionNumber":"sec.10","sectionType":"section","heading":"Lawful presence at a place or on a vehicle","content":"### sec.10 Lawful presence at a place or on a vehicle\n\nTo remove any doubt, it is declared that sections 8 , 8A and 9 do not—\naffect the lawfulness of a particular person mentioned in section 8 , 8A or 9 being at a place or on a vehicle; or\nprevent a person from lawfully refusing entry, to a place or vehicle, to another person accompanied by a guide, hearing, assistance or trainee support dog for any reason other than the other person being accompanied by a guide, hearing, assistance or trainee support dog; or\nprevent a person from lawfully requiring another person accompanied by a guide, hearing, assistance or trainee support dog to leave a place or vehicle for any reason other than the other person being accompanied by a guide, hearing, assistance or trainee support dog.\nSection 8 does not affect the ability of a person exercising control of a shopping centre to require a person accompanied by a guide dog to leave the premises because the shopping centre is closing.\ns 10 amd 2015 No. 21 s 7\n- (a) affect the lawfulness of a particular person mentioned in section 8 , 8A or 9 being at a place or on a vehicle; or\n- (b) prevent a person from lawfully refusing entry, to a place or vehicle, to another person accompanied by a guide, hearing, assistance or trainee support dog for any reason other than the other person being accompanied by a guide, hearing, assistance or trainee support dog; or\n- (c) prevent a person from lawfully requiring another person accompanied by a guide, hearing, assistance or trainee support dog to leave a place or vehicle for any reason other than the other person being accompanied by a guide, hearing, assistance or trainee support dog.","sortOrder":16},{"sectionNumber":"pt.2-div.3","sectionType":"division","heading":"Obligations of persons exercising control of places of accommodation, public places and public passenger vehicles","content":"## Obligations of persons exercising control of places of accommodation, public places and public passenger vehicles","sortOrder":17},{"sectionNumber":"sec.11","sectionType":"section","heading":"Who is a person exercising control of a place of accommodation, public place or public passenger vehicle","content":"### sec.11 Who is a person exercising control of a place of accommodation, public place or public passenger vehicle\n\nA person exercising control of a place of accommodation, public place or public passenger vehicle is a person exercising control, or purporting to exercise control, over—\naccess to, or permission to remain in, the place or vehicle; or\nthe delivery of a service in the place or vehicle.\ns 11 amd 2013 No. 58 s 40\n- (a) access to, or permission to remain in, the place or vehicle; or\n- (b) the delivery of a service in the place or vehicle.","sortOrder":18},{"sectionNumber":"sec.12","sectionType":"section","heading":"Identification procedure for handlers and trainers","content":"### sec.12 Identification procedure for handlers and trainers\n\nThe identification procedure is a procedure that a person complies with to identify themselves as a person who is accompanied by a properly trained guide, hearing or assistance dog or a trainee support dog.\nA person complies with the identification procedure by—\nhaving—\nhis or her identity card displayed so it is clearly visible; or\nhis or her identity card available for inspection by a person exercising control of a place of accommodation, public place or public passenger vehicle if asked by the person; and\nensuring the dog is wearing—\nfor a guide dog—a harness or identifying coat; or\nfor an assistance dog—an identifying coat; or\nfor a hearing or trainee support dog—a harness or identifying coat.\nA person is taken not to comply with the identification procedure if the person’s identity card is suspended, cancelled or expired.\nIn this section—\nidentifying coat means a dog coat that—\nidentifies a dog as a guide, hearing, assistance or trainee support dog; and\ncomplies with the requirements prescribed under a regulation.\nidentity card means—\nfor a person with a disability—a primary handler’s identity card; or\nfor an alternative handler—an alternative handler’s identity card; or\nfor an approved trainer, employee trainer or a puppy carer—a trainer’s identity card.\ns 12 amd 2013 No. 58 s 41 ; 2015 No. 21 s 8\n(sec.12-ssec.1) The identification procedure is a procedure that a person complies with to identify themselves as a person who is accompanied by a properly trained guide, hearing or assistance dog or a trainee support dog.\n(sec.12-ssec.2) A person complies with the identification procedure by— having— his or her identity card displayed so it is clearly visible; or his or her identity card available for inspection by a person exercising control of a place of accommodation, public place or public passenger vehicle if asked by the person; and ensuring the dog is wearing— for a guide dog—a harness or identifying coat; or for an assistance dog—an identifying coat; or for a hearing or trainee support dog—a harness or identifying coat.\n(sec.12-ssec.3) A person is taken not to comply with the identification procedure if the person’s identity card is suspended, cancelled or expired.\n(sec.12-ssec.4) In this section— identifying coat means a dog coat that— identifies a dog as a guide, hearing, assistance or trainee support dog; and complies with the requirements prescribed under a regulation. identity card means— for a person with a disability—a primary handler’s identity card; or for an alternative handler—an alternative handler’s identity card; or for an approved trainer, employee trainer or a puppy carer—a trainer’s identity card.\n- (a) having— (i) his or her identity card displayed so it is clearly visible; or (ii) his or her identity card available for inspection by a person exercising control of a place of accommodation, public place or public passenger vehicle if asked by the person; and\n- (i) his or her identity card displayed so it is clearly visible; or\n- (ii) his or her identity card available for inspection by a person exercising control of a place of accommodation, public place or public passenger vehicle if asked by the person; and\n- (b) ensuring the dog is wearing— (i) for a guide dog—a harness or identifying coat; or (ii) for an assistance dog—an identifying coat; or (iii) for a hearing or trainee support dog—a harness or identifying coat.\n- (i) for a guide dog—a harness or identifying coat; or\n- (ii) for an assistance dog—an identifying coat; or\n- (iii) for a hearing or trainee support dog—a harness or identifying coat.\n- (i) his or her identity card displayed so it is clearly visible; or\n- (ii) his or her identity card available for inspection by a person exercising control of a place of accommodation, public place or public passenger vehicle if asked by the person; and\n- (i) for a guide dog—a harness or identifying coat; or\n- (ii) for an assistance dog—an identifying coat; or\n- (iii) for a hearing or trainee support dog—a harness or identifying coat.\n- (a) identifies a dog as a guide, hearing, assistance or trainee support dog; and\n- (b) complies with the requirements prescribed under a regulation.\n- (a) for a person with a disability—a primary handler’s identity card; or\n- (b) for an alternative handler—an alternative handler’s identity card; or\n- (c) for an approved trainer, employee trainer or a puppy carer—a trainer’s identity card.","sortOrder":19},{"sectionNumber":"sec.12A","sectionType":"section","heading":"Obligations of persons exercising control of places of accommodation","content":"### sec.12A Obligations of persons exercising control of places of accommodation\n\nA person exercising control of a place of accommodation must not—\nrefuse to rent accommodation at the place to an accompanied handler because the accompanied handler, while in the place, would be accompanied by a certified guide, hearing, assistance or trainee support dog; or\nin renting accommodation at the place to an accompanied handler, impose a term that would result in—\nthe accompanied handler paying an extra charge because the dog is present at the place; or\na person with a disability being separated, while in the place, from the guide, hearing or assistance dog that the person relies on to reduce the person’s need for support; or\na person with a disability being refused entry to a part of the place because the person would be accompanied by the guide, hearing or assistance dog that the person relies on to reduce the person’s need for support.\nMaximum penalty—100 penalty units.\nAn accompanied handler must comply with the identification procedure when the accompanied handler—\nin person at a place of accommodation or another place, makes a reservation or application for accommodation at the place of accommodation; or\narrives at a place of accommodation to begin residing in the accommodation at the place.\nIt is a defence to a charge of an offence against subsection (1) for the person exercising control of a place of accommodation to prove that the accompanied handler did not comply with subsection (2) .\nSubsection (1) (b) (iii) does not apply to a term that would result in the person with a disability being refused entry to a part of a place of accommodation where food is ordinarily prepared for consumption by residents of the place or members of the public.\nA person with a disability may also have a right of action under the Anti-Discrimination Act 1991 or the Disability Discrimination Act 1992 (Cwlth) .\ns 12A ins 2013 No. 58 s 42\namd 2015 No. 21 s 9\n(sec.12A-ssec.1) A person exercising control of a place of accommodation must not— refuse to rent accommodation at the place to an accompanied handler because the accompanied handler, while in the place, would be accompanied by a certified guide, hearing, assistance or trainee support dog; or in renting accommodation at the place to an accompanied handler, impose a term that would result in— the accompanied handler paying an extra charge because the dog is present at the place; or a person with a disability being separated, while in the place, from the guide, hearing or assistance dog that the person relies on to reduce the person’s need for support; or a person with a disability being refused entry to a part of the place because the person would be accompanied by the guide, hearing or assistance dog that the person relies on to reduce the person’s need for support. Maximum penalty—100 penalty units.\n(sec.12A-ssec.2) An accompanied handler must comply with the identification procedure when the accompanied handler— in person at a place of accommodation or another place, makes a reservation or application for accommodation at the place of accommodation; or arrives at a place of accommodation to begin residing in the accommodation at the place.\n(sec.12A-ssec.3) It is a defence to a charge of an offence against subsection (1) for the person exercising control of a place of accommodation to prove that the accompanied handler did not comply with subsection (2) .\n(sec.12A-ssec.4) Subsection (1) (b) (iii) does not apply to a term that would result in the person with a disability being refused entry to a part of a place of accommodation where food is ordinarily prepared for consumption by residents of the place or members of the public. A person with a disability may also have a right of action under the Anti-Discrimination Act 1991 or the Disability Discrimination Act 1992 (Cwlth) .\n- (a) refuse to rent accommodation at the place to an accompanied handler because the accompanied handler, while in the place, would be accompanied by a certified guide, hearing, assistance or trainee support dog; or\n- (b) in renting accommodation at the place to an accompanied handler, impose a term that would result in— (i) the accompanied handler paying an extra charge because the dog is present at the place; or (ii) a person with a disability being separated, while in the place, from the guide, hearing or assistance dog that the person relies on to reduce the person’s need for support; or (iii) a person with a disability being refused entry to a part of the place because the person would be accompanied by the guide, hearing or assistance dog that the person relies on to reduce the person’s need for support.\n- (i) the accompanied handler paying an extra charge because the dog is present at the place; or\n- (ii) a person with a disability being separated, while in the place, from the guide, hearing or assistance dog that the person relies on to reduce the person’s need for support; or\n- (iii) a person with a disability being refused entry to a part of the place because the person would be accompanied by the guide, hearing or assistance dog that the person relies on to reduce the person’s need for support.\n- (i) the accompanied handler paying an extra charge because the dog is present at the place; or\n- (ii) a person with a disability being separated, while in the place, from the guide, hearing or assistance dog that the person relies on to reduce the person’s need for support; or\n- (iii) a person with a disability being refused entry to a part of the place because the person would be accompanied by the guide, hearing or assistance dog that the person relies on to reduce the person’s need for support.\n- (a) in person at a place of accommodation or another place, makes a reservation or application for accommodation at the place of accommodation; or\n- (b) arrives at a place of accommodation to begin residing in the accommodation at the place.","sortOrder":20},{"sectionNumber":"sec.13","sectionType":"section","heading":"Obligations of persons exercising control of public places and public passenger vehicles","content":"### sec.13 Obligations of persons exercising control of public places and public passenger vehicles\n\nA person exercising control of a public place or public passenger vehicle must not—\nrefuse entry to, or permission to be in, the place or vehicle to an accompanied handler who is complying with the identification procedure; or\nrefuse service in the place or vehicle to an accompanied handler who is complying with the identification procedure; or\nimpose a term that would result in a person with a disability being separated, while in the place or vehicle, from the guide, hearing or assistance dog that the person relies on to reduce the person’s need for support.\nMaximum penalty—100 penalty units.\nIt is a defence to a charge of an offence against subsection (1) for the person to prove that he or she contravened this section for a reason that was reasonable in the circumstances and did not relate to—\nfor an offence against subsection (1) (a) or (b) —the accompanied handler being accompanied by a guide, hearing, assistance or trainee support dog; or\nfor an offence against subsection (1) (c) —the person with a disability being accompanied by a guide, hearing or assistance dog.\nA person with a disability may also have a right of action under the Anti-Discrimination Act 1991 or the Disability Discrimination Act 1992 (Cwlth) .\ns 13 amd 2013 No. 58 s 43 ; 2015 No. 21 s 10\n(sec.13-ssec.1) A person exercising control of a public place or public passenger vehicle must not— refuse entry to, or permission to be in, the place or vehicle to an accompanied handler who is complying with the identification procedure; or refuse service in the place or vehicle to an accompanied handler who is complying with the identification procedure; or impose a term that would result in a person with a disability being separated, while in the place or vehicle, from the guide, hearing or assistance dog that the person relies on to reduce the person’s need for support. Maximum penalty—100 penalty units.\n(sec.13-ssec.2) It is a defence to a charge of an offence against subsection (1) for the person to prove that he or she contravened this section for a reason that was reasonable in the circumstances and did not relate to— for an offence against subsection (1) (a) or (b) —the accompanied handler being accompanied by a guide, hearing, assistance or trainee support dog; or for an offence against subsection (1) (c) —the person with a disability being accompanied by a guide, hearing or assistance dog. A person with a disability may also have a right of action under the Anti-Discrimination Act 1991 or the Disability Discrimination Act 1992 (Cwlth) .\n- (a) refuse entry to, or permission to be in, the place or vehicle to an accompanied handler who is complying with the identification procedure; or\n- (b) refuse service in the place or vehicle to an accompanied handler who is complying with the identification procedure; or\n- (c) impose a term that would result in a person with a disability being separated, while in the place or vehicle, from the guide, hearing or assistance dog that the person relies on to reduce the person’s need for support.\n- (a) for an offence against subsection (1) (a) or (b) —the accompanied handler being accompanied by a guide, hearing, assistance or trainee support dog; or\n- (b) for an offence against subsection (1) (c) —the person with a disability being accompanied by a guide, hearing or assistance dog.","sortOrder":21},{"sectionNumber":"pt.3","sectionType":"part","heading":"Trainers of guide, hearing and assistance dogs","content":"# Trainers of guide, hearing and assistance dogs","sortOrder":22},{"sectionNumber":"pt.3-div.1","sectionType":"division","heading":"Approval of trainers of guide, hearing and assistance dogs","content":"## Approval of trainers of guide, hearing and assistance dogs","sortOrder":23},{"sectionNumber":"sec.14","sectionType":"section","heading":"Who is suitable for approval","content":"### sec.14 Who is suitable for approval\n\nA person is suitable for approval under this part if the person is able to—\ntrain reliable guide, hearing or assistance dogs that are—\nable to perform identifiable physical tasks and behaviours for the benefit of a person with a disability; and\nsafe and effective in public places and public passenger vehicles; and\nselect dogs that are able to meet the individual needs of a person with a disability; and\nprovide ongoing and regular support to the handlers of the guide, hearing or assistance dogs trained by the person.\nHowever, a person is not suitable for approval if any of the following persons have a criminal history that would make him or her unsuitable to work with animals or people with a disability—\nfor approval as an approved trainer—the person;\nfor approval as an approved training institution—the employee trainers of the person.\n(sec.14-ssec.1) A person is suitable for approval under this part if the person is able to— train reliable guide, hearing or assistance dogs that are— able to perform identifiable physical tasks and behaviours for the benefit of a person with a disability; and safe and effective in public places and public passenger vehicles; and select dogs that are able to meet the individual needs of a person with a disability; and provide ongoing and regular support to the handlers of the guide, hearing or assistance dogs trained by the person.\n(sec.14-ssec.2) However, a person is not suitable for approval if any of the following persons have a criminal history that would make him or her unsuitable to work with animals or people with a disability— for approval as an approved trainer—the person; for approval as an approved training institution—the employee trainers of the person.\n- (a) train reliable guide, hearing or assistance dogs that are— (i) able to perform identifiable physical tasks and behaviours for the benefit of a person with a disability; and (ii) safe and effective in public places and public passenger vehicles; and\n- (i) able to perform identifiable physical tasks and behaviours for the benefit of a person with a disability; and\n- (ii) safe and effective in public places and public passenger vehicles; and\n- (b) select dogs that are able to meet the individual needs of a person with a disability; and\n- (c) provide ongoing and regular support to the handlers of the guide, hearing or assistance dogs trained by the person.\n- (i) able to perform identifiable physical tasks and behaviours for the benefit of a person with a disability; and\n- (ii) safe and effective in public places and public passenger vehicles; and\n- (a) for approval as an approved trainer—the person;\n- (b) for approval as an approved training institution—the employee trainers of the person.","sortOrder":24},{"sectionNumber":"sec.15","sectionType":"section","heading":"Application for approval","content":"### sec.15 Application for approval\n\nAn individual (the applicant ) may apply to the chief executive for approval in 1 or more categories of approved trainer.\nA corporation (also the applicant ) may apply to the chief executive for approval in 1 or more categories of approved training institution.\nAn application under subsection (1) or (2) must be in the approved form and accompanied by each of the following—\nthe documents or information on which the applicant relies to establish the applicant is suitable for approval;\nfor approval as an approved trainer—\na consent to a criminal history check, in the approved form, from the applicant; and\na disclosure of the criminal history, if any, of the applicant;\nfor approval as an approved training institution—\na consent to a criminal history check, in the approved form, from each employee trainer of the institution; and\na disclosure of the criminal history, if any, of each employee trainer of the institution;\nthe fee, if any, prescribed under a regulation.\nIf requested by the chief executive, the applicant must provide other documents and information reasonably required by the chief executive to decide the application.\nFor subsections (1) and (2) , the categories of approved trainer or approved training institution are the following—\nguide dog trainer;\nhearing dog trainer;\nassistance dog trainer.\n(sec.15-ssec.1) An individual (the applicant ) may apply to the chief executive for approval in 1 or more categories of approved trainer.\n(sec.15-ssec.2) A corporation (also the applicant ) may apply to the chief executive for approval in 1 or more categories of approved training institution.\n(sec.15-ssec.3) An application under subsection (1) or (2) must be in the approved form and accompanied by each of the following— the documents or information on which the applicant relies to establish the applicant is suitable for approval; for approval as an approved trainer— a consent to a criminal history check, in the approved form, from the applicant; and a disclosure of the criminal history, if any, of the applicant; for approval as an approved training institution— a consent to a criminal history check, in the approved form, from each employee trainer of the institution; and a disclosure of the criminal history, if any, of each employee trainer of the institution; the fee, if any, prescribed under a regulation.\n(sec.15-ssec.4) If requested by the chief executive, the applicant must provide other documents and information reasonably required by the chief executive to decide the application.\n(sec.15-ssec.5) For subsections (1) and (2) , the categories of approved trainer or approved training institution are the following— guide dog trainer; hearing dog trainer; assistance dog trainer.\n- (a) the documents or information on which the applicant relies to establish the applicant is suitable for approval;\n- (b) for approval as an approved trainer— (i) a consent to a criminal history check, in the approved form, from the applicant; and (ii) a disclosure of the criminal history, if any, of the applicant;\n- (i) a consent to a criminal history check, in the approved form, from the applicant; and\n- (ii) a disclosure of the criminal history, if any, of the applicant;\n- (c) for approval as an approved training institution— (i) a consent to a criminal history check, in the approved form, from each employee trainer of the institution; and (ii) a disclosure of the criminal history, if any, of each employee trainer of the institution;\n- (i) a consent to a criminal history check, in the approved form, from each employee trainer of the institution; and\n- (ii) a disclosure of the criminal history, if any, of each employee trainer of the institution;\n- (d) the fee, if any, prescribed under a regulation.\n- (i) a consent to a criminal history check, in the approved form, from the applicant; and\n- (ii) a disclosure of the criminal history, if any, of the applicant;\n- (i) a consent to a criminal history check, in the approved form, from each employee trainer of the institution; and\n- (ii) a disclosure of the criminal history, if any, of each employee trainer of the institution;\n- (a) guide dog trainer;\n- (b) hearing dog trainer;\n- (c) assistance dog trainer.","sortOrder":25},{"sectionNumber":"sec.16","sectionType":"section","heading":"Chief executive may consult about application for approval","content":"### sec.16 Chief executive may consult about application for approval\n\nIn considering and deciding the application, the chief executive may consult with any entity the chief executive considers appropriate.\ns 16 sub 2015 No. 21 s 11\n(sec.16-ssec) In considering and deciding the application, the chief executive may consult with any entity the chief executive considers appropriate.","sortOrder":26},{"sectionNumber":"sec.17","sectionType":"section","heading":"Decision on application for approval","content":"### sec.17 Decision on application for approval\n\nTo decide the application, the chief executive must consider any documents or information provided by the applicant under section 15 .\nIn considering if the applicant is suitable for approval, the chief executive must have regard to the following—\nfor an individual—\nthe applicant’s qualifications, knowledge or experience in dog obedience training;\nthe applicant’s criminal history;\nfor a corporation—\nthe qualifications, knowledge or experience in dog obedience training of its employees;\nthe criminal history of each employee trainer;\nthe training methods to be used by the applicant;\nanother matter prescribed by regulation.\nAlso, the chief executive may have regard to the following—\nthe applicant’s membership of an organisation that promotes standards of dog training;\nqualifications, knowledge or experience of the applicant, or the applicant’s employees, that demonstrates an understanding of the needs of people with a disability.\nIf the chief executive is satisfied that the applicant is suitable for approval, the chief executive must decide to grant the approval.\nAlso, the chief executive may impose conditions on the approval that the chief executive considers reasonable and relevant.\nIf the chief executive is not satisfied that the applicant is suitable for approval, the chief executive must decide to refuse to grant the approval.\ns 17 amd 2015 No. 21 s 12\n(sec.17-ssec.1) To decide the application, the chief executive must consider any documents or information provided by the applicant under section 15 .\n(sec.17-ssec.2) In considering if the applicant is suitable for approval, the chief executive must have regard to the following— for an individual— the applicant’s qualifications, knowledge or experience in dog obedience training; the applicant’s criminal history; for a corporation— the qualifications, knowledge or experience in dog obedience training of its employees; the criminal history of each employee trainer; the training methods to be used by the applicant; another matter prescribed by regulation.\n(sec.17-ssec.3) Also, the chief executive may have regard to the following— the applicant’s membership of an organisation that promotes standards of dog training; qualifications, knowledge or experience of the applicant, or the applicant’s employees, that demonstrates an understanding of the needs of people with a disability.\n(sec.17-ssec.4) If the chief executive is satisfied that the applicant is suitable for approval, the chief executive must decide to grant the approval.\n(sec.17-ssec.5) Also, the chief executive may impose conditions on the approval that the chief executive considers reasonable and relevant.\n(sec.17-ssec.6) If the chief executive is not satisfied that the applicant is suitable for approval, the chief executive must decide to refuse to grant the approval.\n- (a) for an individual— (i) the applicant’s qualifications, knowledge or experience in dog obedience training; (ii) the applicant’s criminal history;\n- (i) the applicant’s qualifications, knowledge or experience in dog obedience training;\n- (ii) the applicant’s criminal history;\n- (b) for a corporation— (i) the qualifications, knowledge or experience in dog obedience training of its employees; (ii) the criminal history of each employee trainer;\n- (i) the qualifications, knowledge or experience in dog obedience training of its employees;\n- (ii) the criminal history of each employee trainer;\n- (c) the training methods to be used by the applicant;\n- (d) another matter prescribed by regulation.\n- (i) the applicant’s qualifications, knowledge or experience in dog obedience training;\n- (ii) the applicant’s criminal history;\n- (i) the qualifications, knowledge or experience in dog obedience training of its employees;\n- (ii) the criminal history of each employee trainer;\n- (a) the applicant’s membership of an organisation that promotes standards of dog training;\n- (b) qualifications, knowledge or experience of the applicant, or the applicant’s employees, that demonstrates an understanding of the needs of people with a disability.","sortOrder":27},{"sectionNumber":"sec.18","sectionType":"section","heading":"Notification of decision","content":"### sec.18 Notification of decision\n\nIf the chief executive decides to grant an approval to the applicant, the chief executive must—\nimmediately give the applicant a notice of the decision; and\nnotify the name and category of the approved trainer or approved training institution in the gazette.\nIf the chief executive decides to impose conditions on the approval, the chief executive must immediately give the applicant an information notice for the decision.\nIf the chief executive decides to refuse to grant an approval to the applicant, the chief executive must immediately give the applicant an information notice for the decision.\n(sec.18-ssec.1) If the chief executive decides to grant an approval to the applicant, the chief executive must— immediately give the applicant a notice of the decision; and notify the name and category of the approved trainer or approved training institution in the gazette.\n(sec.18-ssec.2) If the chief executive decides to impose conditions on the approval, the chief executive must immediately give the applicant an information notice for the decision.\n(sec.18-ssec.3) If the chief executive decides to refuse to grant an approval to the applicant, the chief executive must immediately give the applicant an information notice for the decision.\n- (a) immediately give the applicant a notice of the decision; and\n- (b) notify the name and category of the approved trainer or approved training institution in the gazette.","sortOrder":28},{"sectionNumber":"sec.19","sectionType":"section","heading":"Approval remains in force unless immediately suspended, cancelled or surrendered","content":"### sec.19 Approval remains in force unless immediately suspended, cancelled or surrendered\n\nAn approval as an approved trainer or approved training institution remains in force unless immediately suspended, cancelled or surrendered under this part.","sortOrder":29},{"sectionNumber":"pt.3-div.2","sectionType":"division","heading":"Review of approval","content":"## Review of approval","sortOrder":30},{"sectionNumber":"sec.20","sectionType":"section","heading":"Definitions for div 2","content":"### sec.20 Definitions for div 2\n\nIn this division—\ninstitution means approved training institution.\ntrainer means approved trainer.","sortOrder":31},{"sectionNumber":"sec.21","sectionType":"section","heading":"Review of approval","content":"### sec.21 Review of approval\n\nThe chief executive must review the approval of a trainer or institution 3 years after the approval is granted and afterwards at intervals of not more than 3 years.\nBefore conducting the review, the chief executive must send the trainer or institution a notice stating the chief executive is conducting a review of the trainer’s or institution’s approval.\nIf requested, the trainer or institution must give the chief executive, within 28 days, documents and information, stated in the notice, the chief executive reasonably requires to conduct the review.\nIn reviewing the approval, the chief executive may consult with any entity the chief executive considers appropriate.\ns 21 amd 2015 No. 21 s 13\n(sec.21-ssec.1) The chief executive must review the approval of a trainer or institution 3 years after the approval is granted and afterwards at intervals of not more than 3 years.\n(sec.21-ssec.2) Before conducting the review, the chief executive must send the trainer or institution a notice stating the chief executive is conducting a review of the trainer’s or institution’s approval.\n(sec.21-ssec.3) If requested, the trainer or institution must give the chief executive, within 28 days, documents and information, stated in the notice, the chief executive reasonably requires to conduct the review.\n(sec.21-ssec.4) In reviewing the approval, the chief executive may consult with any entity the chief executive considers appropriate.","sortOrder":32},{"sectionNumber":"sec.22","sectionType":"section","heading":null,"content":"### Section sec.22\n\ns 22 om 2015 No. 21 s 14","sortOrder":33},{"sectionNumber":"sec.23","sectionType":"section","heading":"Decision on review","content":"### sec.23 Decision on review\n\nIn conducting a review under this division, the chief executive must have regard to the following—\nfor a trainer—\nthe trainer’s qualifications, knowledge or experience in dog obedience training;\nthe trainer’s criminal history;\nfor an institution—\nthe qualifications, knowledge or experience in dog obedience training of its employees;\nthe criminal history of each employee trainer;\nthe training methods used or to be used by the trainer or institution;\nanother matter prescribed by regulation.\nAlso, the chief executive may have regard to the following—\nthe trainer’s or institution’s membership of an organisation that promotes standards of dog training;\nqualifications, knowledge or experience of the trainer, or, for an institution, its employees, that demonstrates an understanding of the needs of people with a disability;\nthe trainer’s or institution’s history of compliance with the prescribed requirements;\nany complaints made to the chief executive about the trainer or institution.\nIf, after conducting the review, the chief executive is satisfied the trainer or institution continues to be suitable for approval, the chief executive must give the trainer or institution a notice stating that the review has been completed.\ns 23 amd 2015 No. 21 s 15\n(sec.23-ssec.1) In conducting a review under this division, the chief executive must have regard to the following— for a trainer— the trainer’s qualifications, knowledge or experience in dog obedience training; the trainer’s criminal history; for an institution— the qualifications, knowledge or experience in dog obedience training of its employees; the criminal history of each employee trainer; the training methods used or to be used by the trainer or institution; another matter prescribed by regulation.\n(sec.23-ssec.2) Also, the chief executive may have regard to the following— the trainer’s or institution’s membership of an organisation that promotes standards of dog training; qualifications, knowledge or experience of the trainer, or, for an institution, its employees, that demonstrates an understanding of the needs of people with a disability; the trainer’s or institution’s history of compliance with the prescribed requirements; any complaints made to the chief executive about the trainer or institution.\n(sec.23-ssec.3) If, after conducting the review, the chief executive is satisfied the trainer or institution continues to be suitable for approval, the chief executive must give the trainer or institution a notice stating that the review has been completed.\n- (a) for a trainer— (i) the trainer’s qualifications, knowledge or experience in dog obedience training; (ii) the trainer’s criminal history;\n- (i) the trainer’s qualifications, knowledge or experience in dog obedience training;\n- (ii) the trainer’s criminal history;\n- (b) for an institution— (i) the qualifications, knowledge or experience in dog obedience training of its employees; (ii) the criminal history of each employee trainer;\n- (i) the qualifications, knowledge or experience in dog obedience training of its employees;\n- (ii) the criminal history of each employee trainer;\n- (c) the training methods used or to be used by the trainer or institution;\n- (d) another matter prescribed by regulation.\n- (i) the trainer’s qualifications, knowledge or experience in dog obedience training;\n- (ii) the trainer’s criminal history;\n- (i) the qualifications, knowledge or experience in dog obedience training of its employees;\n- (ii) the criminal history of each employee trainer;\n- (a) the trainer’s or institution’s membership of an organisation that promotes standards of dog training;\n- (b) qualifications, knowledge or experience of the trainer, or, for an institution, its employees, that demonstrates an understanding of the needs of people with a disability;\n- (c) the trainer’s or institution’s history of compliance with the prescribed requirements;\n- (d) any complaints made to the chief executive about the trainer or institution.","sortOrder":34},{"sectionNumber":"pt.3-div.3","sectionType":"division","heading":"Immediate suspension, cancellation and voluntary surrender of approval","content":"## Immediate suspension, cancellation and voluntary surrender of approval","sortOrder":35},{"sectionNumber":"sec.24","sectionType":"section","heading":"Definitions for div 3","content":"### sec.24 Definitions for div 3\n\nIn this division—\nshow cause notice see section 27 (2) .\nshow cause period see section 27 (2) (d) .","sortOrder":36},{"sectionNumber":"sec.25","sectionType":"section","heading":"Grounds for immediate suspension or cancellation of approval","content":"### sec.25 Grounds for immediate suspension or cancellation of approval\n\nEach of the following is a ground for immediately suspending or cancelling the approval of an approved trainer or approved training institution—\nthe trainer or institution is no longer suitable for approval;\nThe chief executive has decided an approved trainer is no longer suitable for approval after conducting a review of the trainer’s approval under division 2 .\nA change in the criminal history of an employee trainer of an approved training institution results in the employee trainer being unsuitable to work with animals.\nthe trainer or institution has contravened the prescribed requirements;\nthe trainer or institution has contravened a provision of this Act;\nthe institution employs an unsuitable person as an employee trainer;\nthe trainer or institution has intentionally or recklessly certified a dog as a guide, hearing or assistance dog and the dog has not, or should not have, passed a public access test;\nthe approval was granted because of a materially false or misleading representation or declaration.\nIn this section—\nunsuitable person means a person the chief executive has decided is unsuitable to work with animals or people with a disability.\n(sec.25-ssec.1) Each of the following is a ground for immediately suspending or cancelling the approval of an approved trainer or approved training institution— the trainer or institution is no longer suitable for approval; The chief executive has decided an approved trainer is no longer suitable for approval after conducting a review of the trainer’s approval under division 2 . A change in the criminal history of an employee trainer of an approved training institution results in the employee trainer being unsuitable to work with animals. the trainer or institution has contravened the prescribed requirements; the trainer or institution has contravened a provision of this Act; the institution employs an unsuitable person as an employee trainer; the trainer or institution has intentionally or recklessly certified a dog as a guide, hearing or assistance dog and the dog has not, or should not have, passed a public access test; the approval was granted because of a materially false or misleading representation or declaration.\n(sec.25-ssec.2) In this section— unsuitable person means a person the chief executive has decided is unsuitable to work with animals or people with a disability.\n- (a) the trainer or institution is no longer suitable for approval; Examples of when a trainer or institution is no longer suitable for approval— • The chief executive has decided an approved trainer is no longer suitable for approval after conducting a review of the trainer’s approval under division 2 . • A change in the criminal history of an employee trainer of an approved training institution results in the employee trainer being unsuitable to work with animals.\n- • The chief executive has decided an approved trainer is no longer suitable for approval after conducting a review of the trainer’s approval under division 2 .\n- • A change in the criminal history of an employee trainer of an approved training institution results in the employee trainer being unsuitable to work with animals.\n- (b) the trainer or institution has contravened the prescribed requirements;\n- (c) the trainer or institution has contravened a provision of this Act;\n- (d) the institution employs an unsuitable person as an employee trainer;\n- (e) the trainer or institution has intentionally or recklessly certified a dog as a guide, hearing or assistance dog and the dog has not, or should not have, passed a public access test;\n- (f) the approval was granted because of a materially false or misleading representation or declaration.\n- • The chief executive has decided an approved trainer is no longer suitable for approval after conducting a review of the trainer’s approval under division 2 .\n- • A change in the criminal history of an employee trainer of an approved training institution results in the employee trainer being unsuitable to work with animals.","sortOrder":37},{"sectionNumber":"sec.26","sectionType":"section","heading":"Immediate suspension of approval","content":"### sec.26 Immediate suspension of approval\n\nThe chief executive may, by information notice given to an approved trainer or approved training institution, immediately suspend the trainer’s or institution’s approval if the chief executive reasonably believes—\na ground exists for immediately suspending the approval; and\nit is necessary to immediately suspend the approval to prevent or control harm happening to a person or animal.\nThe information notice must also state the suspension period.\nThe suspension—\nmay be for the period the chief executive decides but not more than 3 months; and\nhas effect immediately when the notice is given.\n(sec.26-ssec.1) The chief executive may, by information notice given to an approved trainer or approved training institution, immediately suspend the trainer’s or institution’s approval if the chief executive reasonably believes— a ground exists for immediately suspending the approval; and it is necessary to immediately suspend the approval to prevent or control harm happening to a person or animal.\n(sec.26-ssec.2) The information notice must also state the suspension period.\n(sec.26-ssec.3) The suspension— may be for the period the chief executive decides but not more than 3 months; and has effect immediately when the notice is given.\n- (a) a ground exists for immediately suspending the approval; and\n- (b) it is necessary to immediately suspend the approval to prevent or control harm happening to a person or animal.\n- (a) may be for the period the chief executive decides but not more than 3 months; and\n- (b) has effect immediately when the notice is given.","sortOrder":38},{"sectionNumber":"sec.27","sectionType":"section","heading":"Show cause process","content":"### sec.27 Show cause process\n\nThis section applies if—\nthe chief executive believes a ground exists to cancel the approval of an approved trainer or approved training institution; and\nthe chief executive proposes to cancel the approval.\nThe chief executive must give the approved trainer or approved training institution a notice (a show cause notice ) stating the following—\nthe chief executive proposes to cancel the trainer’s or institution’s approval;\nthe grounds for the proposed cancellation;\nan outline of the facts and circumstances forming the basis for the grounds;\nthat the trainer or institution may give the chief executive, within a stated period (the show cause period ), written representations explaining why the trainer’s or institution’s approval should not be cancelled.\nThe show cause period must not be less than 21 days after the show cause notice is given to the approved trainer or approved training institution.\nThe chief executive must consider all written representations made in the show cause period by the approved trainer or approved training institution.\n(sec.27-ssec.1) This section applies if— the chief executive believes a ground exists to cancel the approval of an approved trainer or approved training institution; and the chief executive proposes to cancel the approval.\n(sec.27-ssec.2) The chief executive must give the approved trainer or approved training institution a notice (a show cause notice ) stating the following— the chief executive proposes to cancel the trainer’s or institution’s approval; the grounds for the proposed cancellation; an outline of the facts and circumstances forming the basis for the grounds; that the trainer or institution may give the chief executive, within a stated period (the show cause period ), written representations explaining why the trainer’s or institution’s approval should not be cancelled.\n(sec.27-ssec.3) The show cause period must not be less than 21 days after the show cause notice is given to the approved trainer or approved training institution.\n(sec.27-ssec.4) The chief executive must consider all written representations made in the show cause period by the approved trainer or approved training institution.\n- (a) the chief executive believes a ground exists to cancel the approval of an approved trainer or approved training institution; and\n- (b) the chief executive proposes to cancel the approval.\n- (a) the chief executive proposes to cancel the trainer’s or institution’s approval;\n- (b) the grounds for the proposed cancellation;\n- (c) an outline of the facts and circumstances forming the basis for the grounds;\n- (d) that the trainer or institution may give the chief executive, within a stated period (the show cause period ), written representations explaining why the trainer’s or institution’s approval should not be cancelled.","sortOrder":39},{"sectionNumber":"sec.28","sectionType":"section","heading":"Ending show cause process without further action","content":"### sec.28 Ending show cause process without further action\n\nIf, after the show cause period, the chief executive no longer believes the ground exists to cancel the approval, the chief executive—\nmust not take further action about the show cause notice; and\nmust, as soon as practicable, give notice to the approved trainer or approved training institution that no further action is to be taken about the show cause notice.\n- (a) must not take further action about the show cause notice; and\n- (b) must, as soon as practicable, give notice to the approved trainer or approved training institution that no further action is to be taken about the show cause notice.","sortOrder":40},{"sectionNumber":"sec.29","sectionType":"section","heading":"Cancellation of approval","content":"### sec.29 Cancellation of approval\n\nIf, after the show cause period, the chief executive still believes cancellation is warranted, the chief executive may cancel the approval.\nThe chief executive must immediately give an information notice about the decision to the approved trainer or approved training institution.\nThe decision takes effect on the later of the following days—\nthe day the information notice is given to the approved trainer or approved training institution;\nthe day stated in the information notice for that purpose.\n(sec.29-ssec.1) If, after the show cause period, the chief executive still believes cancellation is warranted, the chief executive may cancel the approval.\n(sec.29-ssec.2) The chief executive must immediately give an information notice about the decision to the approved trainer or approved training institution.\n(sec.29-ssec.3) The decision takes effect on the later of the following days— the day the information notice is given to the approved trainer or approved training institution; the day stated in the information notice for that purpose.\n- (a) the day the information notice is given to the approved trainer or approved training institution;\n- (b) the day stated in the information notice for that purpose.","sortOrder":41},{"sectionNumber":"sec.30","sectionType":"section","heading":"Voluntary surrender of approval","content":"### sec.30 Voluntary surrender of approval\n\nAn approved trainer or approved training institution may surrender the trainer’s or institution’s approval by notice given to the chief executive.\nThe surrender of the approval takes effect on the later of the following days—\nthe day the notice is given to the chief executive;\nthe day stated in the notice for that purpose.\ns 30 amd 2015 No. 21 s 16\n(sec.30-ssec.1) An approved trainer or approved training institution may surrender the trainer’s or institution’s approval by notice given to the chief executive.\n(sec.30-ssec.2) The surrender of the approval takes effect on the later of the following days— the day the notice is given to the chief executive; the day stated in the notice for that purpose.\n- (a) the day the notice is given to the chief executive;\n- (b) the day stated in the notice for that purpose.","sortOrder":42},{"sectionNumber":"pt.3-div.4","sectionType":"division","heading":"Prescribed requirements","content":"## Prescribed requirements","sortOrder":43},{"sectionNumber":"sec.31","sectionType":"section","heading":"Prescribed requirements","content":"### sec.31 Prescribed requirements\n\nA regulation may prescribe requirements relating to the provision of a training service by an approved trainer or approved training institution.\nWithout limiting subsection (1) , a regulation may prescribe a requirement about—\nhow an approved trainer or approved training institution delivers services to clients, including—\nassessments and training of clients in relation to the control and care of guide, hearing or assistance dogs; and\ninformation to be given to clients; or\nthe types of records to be kept by an approved trainer or approved training institution, including records about—\nemployment of employee trainers and puppy carers; and\ntrainer’s identity cards; and\ntraining of dogs; and\nveterinary history of dogs; or\npreparing, maintaining, publishing or implementing a policy; or\nthe insurance cover an approved trainer or approved training institution must ensure is in force; or\nmaintaining accreditation on the basis of industry standards or other relevant standards.\nContravention of prescribed requirements by an approved trainer or approved training institution is a ground for immediately suspending or cancelling the trainer’s or institution’s approval under section 25 (1) (b) .\n(sec.31-ssec.1) A regulation may prescribe requirements relating to the provision of a training service by an approved trainer or approved training institution.\n(sec.31-ssec.2) Without limiting subsection (1) , a regulation may prescribe a requirement about— how an approved trainer or approved training institution delivers services to clients, including— assessments and training of clients in relation to the control and care of guide, hearing or assistance dogs; and information to be given to clients; or the types of records to be kept by an approved trainer or approved training institution, including records about— employment of employee trainers and puppy carers; and trainer’s identity cards; and training of dogs; and veterinary history of dogs; or preparing, maintaining, publishing or implementing a policy; or the insurance cover an approved trainer or approved training institution must ensure is in force; or maintaining accreditation on the basis of industry standards or other relevant standards. Contravention of prescribed requirements by an approved trainer or approved training institution is a ground for immediately suspending or cancelling the trainer’s or institution’s approval under section 25 (1) (b) .\n- (a) how an approved trainer or approved training institution delivers services to clients, including— (i) assessments and training of clients in relation to the control and care of guide, hearing or assistance dogs; and (ii) information to be given to clients; or\n- (i) assessments and training of clients in relation to the control and care of guide, hearing or assistance dogs; and\n- (ii) information to be given to clients; or\n- (b) the types of records to be kept by an approved trainer or approved training institution, including records about— (i) employment of employee trainers and puppy carers; and (ii) trainer’s identity cards; and (iii) training of dogs; and (iv) veterinary history of dogs; or\n- (i) employment of employee trainers and puppy carers; and\n- (ii) trainer’s identity cards; and\n- (iii) training of dogs; and\n- (iv) veterinary history of dogs; or\n- (c) preparing, maintaining, publishing or implementing a policy; or\n- (d) the insurance cover an approved trainer or approved training institution must ensure is in force; or\n- (e) maintaining accreditation on the basis of industry standards or other relevant standards.\n- (i) assessments and training of clients in relation to the control and care of guide, hearing or assistance dogs; and\n- (ii) information to be given to clients; or\n- (i) employment of employee trainers and puppy carers; and\n- (ii) trainer’s identity cards; and\n- (iii) training of dogs; and\n- (iv) veterinary history of dogs; or","sortOrder":44},{"sectionNumber":"pt.3-div.5","sectionType":"division","heading":"Other matters","content":"## Other matters","sortOrder":45},{"sectionNumber":"sec.32","sectionType":"section","heading":"Approved trainers and approved training institutions must give notice of change","content":"### sec.32 Approved trainers and approved training institutions must give notice of change\n\nAn approved trainer or approved training institution must give notice to the chief executive of any of the following matters within 14 days after becoming aware of the matter, unless the trainer or institution has a reasonable excuse—\na change in the trainer’s or institution’s address;\na matter prescribed under a regulation.\nContravention of this section by an approved trainer or approved training institution is a ground for immediately suspending or cancelling the trainer’s or institution’s approval under section 25 (1) (c) .\nAn approved training institution must give the chief executive a consent to a criminal history check, in the approved form, from a new employee trainer within 14 days of employing the trainer.\nMaximum penalty—20 penalty units.\ns 32 amd 2015 No. 21 s 17\n(sec.32-ssec.1) An approved trainer or approved training institution must give notice to the chief executive of any of the following matters within 14 days after becoming aware of the matter, unless the trainer or institution has a reasonable excuse— a change in the trainer’s or institution’s address; a matter prescribed under a regulation. Contravention of this section by an approved trainer or approved training institution is a ground for immediately suspending or cancelling the trainer’s or institution’s approval under section 25 (1) (c) .\n(sec.32-ssec.2) An approved training institution must give the chief executive a consent to a criminal history check, in the approved form, from a new employee trainer within 14 days of employing the trainer. Maximum penalty—20 penalty units.\n- (a) a change in the trainer’s or institution’s address;\n- (b) a matter prescribed under a regulation.","sortOrder":46},{"sectionNumber":"sec.33","sectionType":"section","heading":"Claims by persons about approval","content":"### sec.33 Claims by persons about approval\n\nA person who is not an approved trainer or approved training institution must not hold out, or attempt to hold out, to be approved by the chief executive for training guide, hearing or assistance dogs.\nMaximum penalty—100 penalty units.","sortOrder":47},{"sectionNumber":"pt.4","sectionType":"part","heading":"Certification of guide, hearing and assistance dogs","content":"# Certification of guide, hearing and assistance dogs","sortOrder":48},{"sectionNumber":"pt.4-div.1","sectionType":"division","heading":"Interpretation","content":"## Interpretation","sortOrder":49},{"sectionNumber":"sec.34","sectionType":"section","heading":"Definitions for pt 4","content":"### sec.34 Definitions for pt 4\n\nIn this part—\napproved assistance dog trainer means an approved trainer or approved training institution approved in the category of assistance dog trainer.\napproved guide dog trainer means an approved trainer or approved training institution approved in the category of guide dog trainer.\napproved hearing dog trainer means an approved trainer or approved training institution approved in the category of hearing dog trainer.","sortOrder":50},{"sectionNumber":"sec.35","sectionType":"section","heading":"Public access test","content":"### sec.35 Public access test\n\nA public access test is a test approved by the chief executive to assess if a guide, hearing or assistance dog is—\nsafe and effective in a public place or public passenger vehicle; and\nable to be controlled by—\nthe primary handler of the dog; or\nthe primary handler of the dog with the support of an alternative handler.\nThe chief executive must—\nkeep a copy of each public access test available for inspection, free of charge, by members of the public at the department’s head office and regional offices; and\npublish the public access test on the department’s website on the internet.\nThe department’s website on the internet is <www.communities.qld.gov.au>.\ns 35 amd 2015 No. 21 s 18\n(sec.35-ssec.1) A public access test is a test approved by the chief executive to assess if a guide, hearing or assistance dog is— safe and effective in a public place or public passenger vehicle; and able to be controlled by— the primary handler of the dog; or the primary handler of the dog with the support of an alternative handler.\n(sec.35-ssec.2) The chief executive must— keep a copy of each public access test available for inspection, free of charge, by members of the public at the department’s head office and regional offices; and publish the public access test on the department’s website on the internet. The department’s website on the internet is <www.communities.qld.gov.au>.\n- (a) safe and effective in a public place or public passenger vehicle; and\n- (b) able to be controlled by— (i) the primary handler of the dog; or (ii) the primary handler of the dog with the support of an alternative handler.\n- (i) the primary handler of the dog; or\n- (ii) the primary handler of the dog with the support of an alternative handler.\n- (i) the primary handler of the dog; or\n- (ii) the primary handler of the dog with the support of an alternative handler.\n- (a) keep a copy of each public access test available for inspection, free of charge, by members of the public at the department’s head office and regional offices; and\n- (b) publish the public access test on the department’s website on the internet.","sortOrder":51},{"sectionNumber":"pt.4-div.2","sectionType":"division","heading":"Certification of guide, hearing and assistance dogs","content":"## Certification of guide, hearing and assistance dogs","sortOrder":52},{"sectionNumber":"sec.36","sectionType":"section","heading":"Certification of guide dogs","content":"### sec.36 Certification of guide dogs\n\nAn approved guide dog trainer may only certify a guide dog for a person with a disability if the dog—\nis able to be used as a guide by a person with disability attributable to a vision impairment; and\nhas passed a public access test conducted by the following within 7 days before being certified—\nfor an approved trainer—the trainer;\nfor an approved training institution—an employee trainer of the institution; and\nis not a dog of a breed prohibited from importation into Australia under the Customs Act 1901 (Cwlth) ; and\nis desexed and vaccinated; and\nhas not been declared a dangerous dog under a local law.\ns 36 amd 2024 No. 17 s 192 s ch 1 pt 2\n- (a) is able to be used as a guide by a person with disability attributable to a vision impairment; and\n- (b) has passed a public access test conducted by the following within 7 days before being certified— (i) for an approved trainer—the trainer; (ii) for an approved training institution—an employee trainer of the institution; and\n- (i) for an approved trainer—the trainer;\n- (ii) for an approved training institution—an employee trainer of the institution; and\n- (c) is not a dog of a breed prohibited from importation into Australia under the Customs Act 1901 (Cwlth) ; and\n- (d) is desexed and vaccinated; and\n- (e) has not been declared a dangerous dog under a local law.\n- (i) for an approved trainer—the trainer;\n- (ii) for an approved training institution—an employee trainer of the institution; and","sortOrder":53},{"sectionNumber":"sec.37","sectionType":"section","heading":"Certification of hearing dogs","content":"### sec.37 Certification of hearing dogs\n\nAn approved hearing dog trainer may only certify a hearing dog for a person with a disability if the dog—\nis able to be used as an aid by a person with disability attributable to a hearing impairment; and\nhas passed a public access test conducted by the following within 7 days before being certified—\nfor an approved trainer—the trainer;\nfor an approved training institution—an employee trainer of the institution; and\nis not a dog of a breed prohibited from importation into Australia under the Customs Act 1901 (Cwlth) ; and\nis desexed and vaccinated; and\nhas not been declared a dangerous dog under a local law.\ns 37 amd 2024 No. 17 s 192 s ch 1 pt 2\n- (a) is able to be used as an aid by a person with disability attributable to a hearing impairment; and\n- (b) has passed a public access test conducted by the following within 7 days before being certified— (i) for an approved trainer—the trainer; (ii) for an approved training institution—an employee trainer of the institution; and\n- (i) for an approved trainer—the trainer;\n- (ii) for an approved training institution—an employee trainer of the institution; and\n- (c) is not a dog of a breed prohibited from importation into Australia under the Customs Act 1901 (Cwlth) ; and\n- (d) is desexed and vaccinated; and\n- (e) has not been declared a dangerous dog under a local law.\n- (i) for an approved trainer—the trainer;\n- (ii) for an approved training institution—an employee trainer of the institution; and","sortOrder":54},{"sectionNumber":"sec.38","sectionType":"section","heading":"Certification of assistance dogs","content":"### sec.38 Certification of assistance dogs\n\nAn approved assistance dog trainer may only certify an assistance dog for a person with a disability if the dog—\nis able to perform identifiable physical tasks and behaviours to assist the person in a way that reduces the person’s need for support; and\nhas passed a public access test conducted by the following within 7 days before being certified—\nfor an approved trainer—the trainer;\nfor an approved training institution—an employee trainer of the institution; and\nis not a dog of a breed prohibited from importation into Australia under the Customs Act 1901 (Cwlth) ; and\nis desexed and vaccinated; and\nhas not been declared a dangerous dog under a local law.\ns 38 amd 2024 No. 17 s 192 s ch 1 pt 2\n- (a) is able to perform identifiable physical tasks and behaviours to assist the person in a way that reduces the person’s need for support; and\n- (b) has passed a public access test conducted by the following within 7 days before being certified— (i) for an approved trainer—the trainer; (ii) for an approved training institution—an employee trainer of the institution; and\n- (i) for an approved trainer—the trainer;\n- (ii) for an approved training institution—an employee trainer of the institution; and\n- (c) is not a dog of a breed prohibited from importation into Australia under the Customs Act 1901 (Cwlth) ; and\n- (d) is desexed and vaccinated; and\n- (e) has not been declared a dangerous dog under a local law.\n- (i) for an approved trainer—the trainer;\n- (ii) for an approved training institution—an employee trainer of the institution; and","sortOrder":55},{"sectionNumber":"sec.39","sectionType":"section","heading":"Approved trainer must not certify own dog","content":"### sec.39 Approved trainer must not certify own dog\n\nAn approved trainer must not certify a guide, hearing or assistance dog if the trainer is also the person with a disability who relies on the dog.\ns 39 sub 2015 No. 21 s 19\n(sec.39-ssec) An approved trainer must not certify a guide, hearing or assistance dog if the trainer is also the person with a disability who relies on the dog.","sortOrder":56},{"sectionNumber":"pt.5","sectionType":"part","heading":"Identity cards for handlers, trainers and puppy carers","content":"# Identity cards for handlers, trainers and puppy carers","sortOrder":57},{"sectionNumber":"pt.5-div.1","sectionType":"division","heading":"Identity cards for handlers","content":"## Identity cards for handlers","sortOrder":58},{"sectionNumber":"sec.40","sectionType":"section","heading":"Eligibility for primary handler’s identity card","content":"### sec.40 Eligibility for primary handler’s identity card\n\nA person with a disability who relies on a guide, hearing or assistance dog is eligible for a primary handler’s identity card if—\nthe person reasonably requires the guide, hearing or assistance dog to reduce the person’s need for support; and\nthe person is able to physically control the dog.\nHowever, subsection (1) (b) does not apply to the person if—\nthe person satisfies the requirement mentioned in subsection (1) (a) ; and\nan alternative handler’s identity card is in effect for the person’s guide, hearing or assistance dog.\nA child who can not physically control an assistance dog might be eligible for a primary handler’s identity card if a parent of the child has an alternative handler’s identity card for the dog.\ns 40 amd 2015 No. 21 s 20\n(sec.40-ssec.1) A person with a disability who relies on a guide, hearing or assistance dog is eligible for a primary handler’s identity card if— the person reasonably requires the guide, hearing or assistance dog to reduce the person’s need for support; and the person is able to physically control the dog.\n(sec.40-ssec.2) However, subsection (1) (b) does not apply to the person if— the person satisfies the requirement mentioned in subsection (1) (a) ; and an alternative handler’s identity card is in effect for the person’s guide, hearing or assistance dog. A child who can not physically control an assistance dog might be eligible for a primary handler’s identity card if a parent of the child has an alternative handler’s identity card for the dog.\n- (a) the person reasonably requires the guide, hearing or assistance dog to reduce the person’s need for support; and\n- (b) the person is able to physically control the dog.\n- (a) the person satisfies the requirement mentioned in subsection (1) (a) ; and\n- (b) an alternative handler’s identity card is in effect for the person’s guide, hearing or assistance dog. Example— A child who can not physically control an assistance dog might be eligible for a primary handler’s identity card if a parent of the child has an alternative handler’s identity card for the dog.","sortOrder":59},{"sectionNumber":"sec.41","sectionType":"section","heading":"Eligibility for alternative handler’s identity card","content":"### sec.41 Eligibility for alternative handler’s identity card\n\nA person who is an adult is eligible for an alternative handler’s identity card in relation to a primary handler’s guide, hearing or assistance dog if—\nthe primary handler relies on the person to physically control the dog; and\nthe person is able to physically control the dog.\ns 41 sub 2015 No. 21 s 21\n(sec.41-ssec) A person who is an adult is eligible for an alternative handler’s identity card in relation to a primary handler’s guide, hearing or assistance dog if— the primary handler relies on the person to physically control the dog; and the person is able to physically control the dog.\n- (a) the primary handler relies on the person to physically control the dog; and\n- (b) the person is able to physically control the dog.","sortOrder":60},{"sectionNumber":"sec.42","sectionType":"section","heading":"Issue of handler’s identity card","content":"### sec.42 Issue of handler’s identity card\n\nA person may ask an approved trainer or approved training institution to issue a handler’s identity card to the person.\nThe approved trainer or approved training institution may issue the handler’s identity card to the person if satisfied the person is eligible for the card under—\nfor a primary handler’s identity card— section 40 ; or\nfor an alternative handler’s identity card— section 41 .\nAn approved trainer or approved training institution must not issue a handler’s identity card to anyone other than a person who satisfies the eligibility requirements for the card under section 40 or 41 .\nIf an approved trainer or approved training institution refuses to issue a handler’s identity card to the person, the trainer or institution must immediately give the person an information notice for the decision.\ns 42 sub 2015 No. 21 s 21\n(sec.42-ssec.1) A person may ask an approved trainer or approved training institution to issue a handler’s identity card to the person.\n(sec.42-ssec.2) The approved trainer or approved training institution may issue the handler’s identity card to the person if satisfied the person is eligible for the card under— for a primary handler’s identity card— section 40 ; or for an alternative handler’s identity card— section 41 .\n(sec.42-ssec.3) An approved trainer or approved training institution must not issue a handler’s identity card to anyone other than a person who satisfies the eligibility requirements for the card under section 40 or 41 .\n(sec.42-ssec.4) If an approved trainer or approved training institution refuses to issue a handler’s identity card to the person, the trainer or institution must immediately give the person an information notice for the decision.\n- (a) for a primary handler’s identity card— section 40 ; or\n- (b) for an alternative handler’s identity card— section 41 .","sortOrder":61},{"sectionNumber":"sec.43","sectionType":"section","heading":null,"content":"### Section sec.43\n\ns 43 om 2015 No. 21 s 21","sortOrder":62},{"sectionNumber":"sec.44","sectionType":"section","heading":"Term of handler’s identity card","content":"### sec.44 Term of handler’s identity card\n\nA handler’s identity card becomes effective on the day the card is issued and expires, unless sooner suspended, cancelled or surrendered, on the day of expiry stated on the card.\nThe day of expiry for a handler’s identity card must not be more than 3 years after the day the card is issued.\ns 44 amd 2015 No. 21 s 22\n(sec.44-ssec.1) A handler’s identity card becomes effective on the day the card is issued and expires, unless sooner suspended, cancelled or surrendered, on the day of expiry stated on the card.\n(sec.44-ssec.2) The day of expiry for a handler’s identity card must not be more than 3 years after the day the card is issued.","sortOrder":63},{"sectionNumber":"sec.45","sectionType":"section","heading":"Form of handler’s identity card","content":"### sec.45 Form of handler’s identity card\n\nA handler’s identity card must—\ncontain a photo of the handler and the handler’s certified guide, hearing or assistance dog; and\ncomply with the requirements prescribed by regulation.\ns 45 sub 2015 No. 21 s 23\n- (a) contain a photo of the handler and the handler’s certified guide, hearing or assistance dog; and\n- (b) comply with the requirements prescribed by regulation.","sortOrder":64},{"sectionNumber":"sec.45A","sectionType":"section","heading":"Record of handler’s identity cards","content":"### sec.45A Record of handler’s identity cards\n\nAn approved trainer or approved training institution must keep a record of all handler’s identity cards issued by the trainer or institution.\nThe record must state the following for each handler’s identity card—\nthe name of the person to whom the card was issued;\na description of the handler’s dog;\nthe day the card was issued;\nthe day the card expires;\nany other information prescribed by regulation.\ns 45A ins 2015 No. 21 s 23\n(sec.45A-ssec.1) An approved trainer or approved training institution must keep a record of all handler’s identity cards issued by the trainer or institution.\n(sec.45A-ssec.2) The record must state the following for each handler’s identity card— the name of the person to whom the card was issued; a description of the handler’s dog; the day the card was issued; the day the card expires; any other information prescribed by regulation.\n- (a) the name of the person to whom the card was issued;\n- (b) a description of the handler’s dog;\n- (c) the day the card was issued;\n- (d) the day the card expires;\n- (e) any other information prescribed by regulation.","sortOrder":65},{"sectionNumber":"sec.46","sectionType":"section","heading":"Grounds for immediate suspension or cancellation of handler’s identity card","content":"### sec.46 Grounds for immediate suspension or cancellation of handler’s identity card\n\nEach of the following is a ground for immediately suspending or cancelling a handler’s identity card—\nthe dog for which the card was issued is a risk to the health or welfare of the handler or someone else;\nthe dog was certified because of a materially false or misleading representation or declaration;\nthe identity card was issued because of a materially false or misleading representation or declaration;\nfor a primary handler’s identity card—the handler no longer relies on the dog;\nfor an alternative handler’s identity card—\nthe alternative handler no longer supports the primary handler of the dog to physically control it; or\nthe primary handler of the dog no longer relies on the alternative handler to physically control the dog.\nAlso, it is a ground for cancelling a handler’s identity card if the dog for which the card was issued should be retired because of age, illness or other inability to be used as a guide, hearing or assistance dog.\ns 46 sub 2015 No. 21 s 24\n(sec.46-ssec.1) Each of the following is a ground for immediately suspending or cancelling a handler’s identity card— the dog for which the card was issued is a risk to the health or welfare of the handler or someone else; the dog was certified because of a materially false or misleading representation or declaration; the identity card was issued because of a materially false or misleading representation or declaration; for a primary handler’s identity card—the handler no longer relies on the dog; for an alternative handler’s identity card— the alternative handler no longer supports the primary handler of the dog to physically control it; or the primary handler of the dog no longer relies on the alternative handler to physically control the dog.\n(sec.46-ssec.2) Also, it is a ground for cancelling a handler’s identity card if the dog for which the card was issued should be retired because of age, illness or other inability to be used as a guide, hearing or assistance dog. s 46 sub 2015 No. 21 s 24\n- (a) the dog for which the card was issued is a risk to the health or welfare of the handler or someone else;\n- (b) the dog was certified because of a materially false or misleading representation or declaration;\n- (c) the identity card was issued because of a materially false or misleading representation or declaration;\n- (d) for a primary handler’s identity card—the handler no longer relies on the dog;\n- (e) for an alternative handler’s identity card— (i) the alternative handler no longer supports the primary handler of the dog to physically control it; or (ii) the primary handler of the dog no longer relies on the alternative handler to physically control the dog.\n- (i) the alternative handler no longer supports the primary handler of the dog to physically control it; or\n- (ii) the primary handler of the dog no longer relies on the alternative handler to physically control the dog.\n- (i) the alternative handler no longer supports the primary handler of the dog to physically control it; or\n- (ii) the primary handler of the dog no longer relies on the alternative handler to physically control the dog.","sortOrder":66},{"sectionNumber":"sec.47","sectionType":"section","heading":"Immediate suspension of handler’s identity card","content":"### sec.47 Immediate suspension of handler’s identity card\n\nThe chief executive or an approved trainer or approved training institution that issued a handler’s identity card may, by information notice given to the handler, immediately suspend the handler’s identity card if the chief executive, trainer or institution reasonably believes—\na ground exists for immediately suspending the card; and\nit is necessary to immediately suspend the card to prevent or control harm happening to a person or animal.\nThe information notice must also state the suspension period.\nThe suspension—\nmay be for the period the chief executive, approved trainer or approved training institution decides but not more than 3 months; and\nhas effect immediately when the notice is given.\ns 47 amd 2015 No. 21 s 25\n(sec.47-ssec.1) The chief executive or an approved trainer or approved training institution that issued a handler’s identity card may, by information notice given to the handler, immediately suspend the handler’s identity card if the chief executive, trainer or institution reasonably believes— a ground exists for immediately suspending the card; and it is necessary to immediately suspend the card to prevent or control harm happening to a person or animal.\n(sec.47-ssec.2) The information notice must also state the suspension period.\n(sec.47-ssec.3) The suspension— may be for the period the chief executive, approved trainer or approved training institution decides but not more than 3 months; and has effect immediately when the notice is given. s 47 amd 2015 No. 21 s 25\n- (a) a ground exists for immediately suspending the card; and\n- (b) it is necessary to immediately suspend the card to prevent or control harm happening to a person or animal.\n- (a) may be for the period the chief executive, approved trainer or approved training institution decides but not more than 3 months; and\n- (b) has effect immediately when the notice is given.","sortOrder":67},{"sectionNumber":"sec.48","sectionType":"section","heading":"Cancellation of handler’s identity card","content":"### sec.48 Cancellation of handler’s identity card\n\nIf the chief executive or an approved trainer or approved training institution that issued a handler’s identity card believes a ground exists to cancel the card, the chief executive, trainer or institution may cancel the card.\nBefore cancelling the handler’s identity card, the chief executive, approved trainer or approved training institution must give the handler a notice stating the following—\nthat the chief executive, trainer or institution proposes to cancel the card;\nthe grounds for the proposed cancellation;\nan outline of the facts and circumstances forming the basis for the grounds;\nthat the handler may give the chief executive, trainer or institution, within a stated period (the show cause period ), written representations from the handler or an approved trainer or approved training institution about why the card should not be cancelled.\nThe show cause period must not be less than 28 days after the show cause notice is given to the handler.\nThe chief executive, approved trainer or approved training institution must consider all written representations given under subsection (2) (d) within the show cause period.\nIf the chief executive, approved trainer or approved training institution cancels a handler’s identity card, the chief executive, trainer or institution must immediately give the handler an information notice for the decision.\nThe decision takes effect on the later of the following days—\nthe day the information notice is given to the handler;\nthe day stated in the information notice for that purpose.\ns 48 amd 2015 No. 21 s 26\n(sec.48-ssec.1) If the chief executive or an approved trainer or approved training institution that issued a handler’s identity card believes a ground exists to cancel the card, the chief executive, trainer or institution may cancel the card.\n(sec.48-ssec.2) Before cancelling the handler’s identity card, the chief executive, approved trainer or approved training institution must give the handler a notice stating the following— that the chief executive, trainer or institution proposes to cancel the card; the grounds for the proposed cancellation; an outline of the facts and circumstances forming the basis for the grounds; that the handler may give the chief executive, trainer or institution, within a stated period (the show cause period ), written representations from the handler or an approved trainer or approved training institution about why the card should not be cancelled.\n(sec.48-ssec.3) The show cause period must not be less than 28 days after the show cause notice is given to the handler.\n(sec.48-ssec.4) The chief executive, approved trainer or approved training institution must consider all written representations given under subsection (2) (d) within the show cause period.\n(sec.48-ssec.5) If the chief executive, approved trainer or approved training institution cancels a handler’s identity card, the chief executive, trainer or institution must immediately give the handler an information notice for the decision.\n(sec.48-ssec.6) The decision takes effect on the later of the following days— the day the information notice is given to the handler; the day stated in the information notice for that purpose. s 48 amd 2015 No. 21 s 26\n- (a) that the chief executive, trainer or institution proposes to cancel the card;\n- (b) the grounds for the proposed cancellation;\n- (c) an outline of the facts and circumstances forming the basis for the grounds;\n- (d) that the handler may give the chief executive, trainer or institution, within a stated period (the show cause period ), written representations from the handler or an approved trainer or approved training institution about why the card should not be cancelled.\n- (a) the day the information notice is given to the handler;\n- (b) the day stated in the information notice for that purpose.","sortOrder":68},{"sectionNumber":"sec.49","sectionType":"section","heading":"Voluntary surrender of handler’s identity card","content":"### sec.49 Voluntary surrender of handler’s identity card\n\nA handler may surrender the handler’s identity card by giving the card and notice of the surrender to the chief executive.\ns 49 amd 2015 No. 21 s 27","sortOrder":69},{"sectionNumber":"sec.50","sectionType":"section","heading":null,"content":"### Section sec.50\n\ns 50 om 2015 No. 21 s 28","sortOrder":70},{"sectionNumber":"sec.51","sectionType":"section","heading":"Return of handler’s identity card","content":"### sec.51 Return of handler’s identity card\n\nIf a handler’s identity card is cancelled, the handler must, unless the handler has a reasonable excuse, return the card to the person or entity that cancelled it within 1 month after its cancellation.\nMaximum penalty—2 penalty units.\nA handler must return the handler’s identity card to the chief executive within 1 month after the following unless the handler has a reasonable excuse—\nthe death or retirement of the guide, hearing or assistance dog shown on the card;\nfor an alternative handler’s identity card—\nthe alternative handler no longer supports the primary handler of the dog to physically control it; or\nthe primary handler of the dog no longer relies on the alternative handler to physically control the dog.\nMaximum penalty—2 penalty units.\nIn this section—\nretirement , of a guide, hearing or assistance dog, means the ending of use of the dog as a guide, hearing or assistance dog because the dog is no longer—\nrelied on for support by the dog’s primary handler; or\nable to assist the dog’s primary handler in a way that reduces the handler’s need for support.\ns 51 amd 2015 No. 21 s 29\n(sec.51-ssec.1) If a handler’s identity card is cancelled, the handler must, unless the handler has a reasonable excuse, return the card to the person or entity that cancelled it within 1 month after its cancellation. Maximum penalty—2 penalty units.\n(sec.51-ssec.2) A handler must return the handler’s identity card to the chief executive within 1 month after the following unless the handler has a reasonable excuse— the death or retirement of the guide, hearing or assistance dog shown on the card; for an alternative handler’s identity card— the alternative handler no longer supports the primary handler of the dog to physically control it; or the primary handler of the dog no longer relies on the alternative handler to physically control the dog. Maximum penalty—2 penalty units.\n(sec.51-ssec.3) In this section— retirement , of a guide, hearing or assistance dog, means the ending of use of the dog as a guide, hearing or assistance dog because the dog is no longer— relied on for support by the dog’s primary handler; or able to assist the dog’s primary handler in a way that reduces the handler’s need for support. s 51 amd 2015 No. 21 s 29\n- (a) the death or retirement of the guide, hearing or assistance dog shown on the card;\n- (b) for an alternative handler’s identity card— (i) the alternative handler no longer supports the primary handler of the dog to physically control it; or (ii) the primary handler of the dog no longer relies on the alternative handler to physically control the dog.\n- (i) the alternative handler no longer supports the primary handler of the dog to physically control it; or\n- (ii) the primary handler of the dog no longer relies on the alternative handler to physically control the dog.\n- (i) the alternative handler no longer supports the primary handler of the dog to physically control it; or\n- (ii) the primary handler of the dog no longer relies on the alternative handler to physically control the dog.\n- (a) relied on for support by the dog’s primary handler; or\n- (b) able to assist the dog’s primary handler in a way that reduces the handler’s need for support.","sortOrder":71},{"sectionNumber":"pt.5-div.2","sectionType":"division","heading":"Identity cards for approved trainers","content":"## Identity cards for approved trainers","sortOrder":72},{"sectionNumber":"sec.52","sectionType":"section","heading":"Issue of identity card for approved trainer","content":"### sec.52 Issue of identity card for approved trainer\n\nThe chief executive must issue an identity card to each approved trainer.","sortOrder":73},{"sectionNumber":"sec.53","sectionType":"section","heading":"Term of identity card for approved trainer","content":"### sec.53 Term of identity card for approved trainer\n\nAn identity card for an approved trainer becomes effective on the day the card is issued and expires on the day of expiry stated on the card.","sortOrder":74},{"sectionNumber":"sec.54","sectionType":"section","heading":"Replacement of identity card for approved trainer","content":"### sec.54 Replacement of identity card for approved trainer\n\nAn approved trainer may apply to the chief executive for the replacement of the trainer’s identity card if the card is damaged, lost or stolen.\nThe application must—\nbe made in the approved form; and\nbe accompanied by the fee, if any, prescribed under a regulation.\nIf, after receiving an application complying with subsection (2) , the chief executive is satisfied the trainer’s identity card has been damaged, lost or stolen, the chief executive must replace it.\nThis section does not apply if the trainer’s identity card is suspended or cancelled, or has expired.\n(sec.54-ssec.1) An approved trainer may apply to the chief executive for the replacement of the trainer’s identity card if the card is damaged, lost or stolen.\n(sec.54-ssec.2) The application must— be made in the approved form; and be accompanied by the fee, if any, prescribed under a regulation.\n(sec.54-ssec.3) If, after receiving an application complying with subsection (2) , the chief executive is satisfied the trainer’s identity card has been damaged, lost or stolen, the chief executive must replace it.\n(sec.54-ssec.4) This section does not apply if the trainer’s identity card is suspended or cancelled, or has expired.\n- (a) be made in the approved form; and\n- (b) be accompanied by the fee, if any, prescribed under a regulation.","sortOrder":75},{"sectionNumber":"sec.55","sectionType":"section","heading":"Return of identity card for approved trainer","content":"### sec.55 Return of identity card for approved trainer\n\nAn approved trainer whose approval is cancelled or surrendered (the event ), must return the trainer’s identity card to the chief executive within 7 days after the event unless the trainer has a reasonable excuse.\nMaximum penalty—20 penalty units.","sortOrder":76},{"sectionNumber":"pt.5-div.3","sectionType":"division","heading":"Identity cards for employee trainers and puppy carers","content":"## Identity cards for employee trainers and puppy carers","sortOrder":77},{"sectionNumber":"sec.56","sectionType":"section","heading":"Issue of identity card for employee trainer or puppy carer","content":"### sec.56 Issue of identity card for employee trainer or puppy carer\n\nAn approved training institution must issue identity cards to its employee trainers and puppy carers.\nAn approved training institution must not—\nissue an identity card to anyone other than an employee trainer or puppy carer of the institution; or\nissue an identity card that does not comply with the requirements prescribed by regulation.\nIn this section—\nidentity card means a card which identifies the card holder as an employee trainer or puppy carer.\nContravention of this section by an approved training institution is a ground for immediately suspending or cancelling the institution’s approval under section 25 (1) (c) .\ns 56 amd 2015 No. 21 s 30\n(sec.56-ssec.1) An approved training institution must issue identity cards to its employee trainers and puppy carers.\n(sec.56-ssec.2) An approved training institution must not— issue an identity card to anyone other than an employee trainer or puppy carer of the institution; or issue an identity card that does not comply with the requirements prescribed by regulation.\n(sec.56-ssec.3) In this section— identity card means a card which identifies the card holder as an employee trainer or puppy carer. Contravention of this section by an approved training institution is a ground for immediately suspending or cancelling the institution’s approval under section 25 (1) (c) . s 56 amd 2015 No. 21 s 30\n- (a) issue an identity card to anyone other than an employee trainer or puppy carer of the institution; or\n- (b) issue an identity card that does not comply with the requirements prescribed by regulation.","sortOrder":78},{"sectionNumber":"sec.57","sectionType":"section","heading":"Return of identity card for employee trainer or puppy carer","content":"### sec.57 Return of identity card for employee trainer or puppy carer\n\nAn approved training institution must collect an employee trainer’s or puppy carer’s identity card as soon as practicable after the trainer or carer stops being a trainer or carer.\nIn this section—\nidentity card means the card which identifies the card holder as an employee trainer or puppy carer.\nContravention of this section by an approved training institution is a ground for immediately suspending or cancelling the institution’s approval under section 25 (1) (c) .\n(sec.57-ssec.1) An approved training institution must collect an employee trainer’s or puppy carer’s identity card as soon as practicable after the trainer or carer stops being a trainer or carer.\n(sec.57-ssec.2) In this section— identity card means the card which identifies the card holder as an employee trainer or puppy carer. Contravention of this section by an approved training institution is a ground for immediately suspending or cancelling the institution’s approval under section 25 (1) (c) .","sortOrder":79},{"sectionNumber":"pt.6","sectionType":"part","heading":"Screening of approved and employee trainers","content":"# Screening of approved and employee trainers","sortOrder":80},{"sectionNumber":"pt.6-div.1","sectionType":"division","heading":"Preliminary","content":"## Preliminary","sortOrder":81},{"sectionNumber":"sec.58","sectionType":"section","heading":"Main purpose of pt 6","content":"### sec.58 Main purpose of pt 6\n\nThe main purpose of this part is to enable the chief executive to obtain the criminal history of, and related information about, approved and employee trainers.","sortOrder":82},{"sectionNumber":"pt.6-div.2","sectionType":"division","heading":"Disclosure of criminal history","content":"## Disclosure of criminal history","sortOrder":83},{"sectionNumber":"sec.59","sectionType":"section","heading":"Employee trainers must disclose criminal history","content":"### sec.59 Employee trainers must disclose criminal history\n\nImmediately after starting employment as an employee trainer, a person must disclose to the chief executive—\nwhether or not the trainer has a criminal history; and\nif the trainer has a criminal history, the trainer’s complete criminal history.\nMaximum penalty—20 penalty units.\n- (a) whether or not the trainer has a criminal history; and\n- (b) if the trainer has a criminal history, the trainer’s complete criminal history.","sortOrder":84},{"sectionNumber":"sec.60","sectionType":"section","heading":"Approved and employee trainers must disclose changes in criminal history","content":"### sec.60 Approved and employee trainers must disclose changes in criminal history\n\nIf there is a change in the criminal history of an approved or employee trainer, the trainer must immediately disclose to the chief executive the details of the change.\nMaximum penalty—20 penalty units.\nFor an approved or employee trainer who does not have a criminal history, there is taken to be a change in the trainer’s criminal history if the trainer acquires a criminal history.\n(sec.60-ssec.1) If there is a change in the criminal history of an approved or employee trainer, the trainer must immediately disclose to the chief executive the details of the change. Maximum penalty—20 penalty units.\n(sec.60-ssec.2) For an approved or employee trainer who does not have a criminal history, there is taken to be a change in the trainer’s criminal history if the trainer acquires a criminal history.","sortOrder":85},{"sectionNumber":"sec.61","sectionType":"section","heading":"Requirements for disclosure","content":"### sec.61 Requirements for disclosure\n\nTo comply with section 59 or 60 an approved or employee trainer must give the chief executive a disclosure in the approved form.\nThe information disclosed by an approved or employee trainer about a conviction of an offence in the trainer’s criminal history must include—\nthe existence of the conviction; and\nwhen the offence was committed; and\nthe details of the offence; and\nwhether or not a conviction was recorded and the sentence imposed on the trainer.\n(sec.61-ssec.1) To comply with section 59 or 60 an approved or employee trainer must give the chief executive a disclosure in the approved form.\n(sec.61-ssec.2) The information disclosed by an approved or employee trainer about a conviction of an offence in the trainer’s criminal history must include— the existence of the conviction; and when the offence was committed; and the details of the offence; and whether or not a conviction was recorded and the sentence imposed on the trainer.\n- (a) the existence of the conviction; and\n- (b) when the offence was committed; and\n- (c) the details of the offence; and\n- (d) whether or not a conviction was recorded and the sentence imposed on the trainer.","sortOrder":86},{"sectionNumber":"pt.6-div.3","sectionType":"division","heading":"Chief executive may obtain report about criminal history","content":"## Chief executive may obtain report about criminal history","sortOrder":87},{"sectionNumber":"sec.62","sectionType":"section","heading":"Chief executive may obtain report from commissioner of the police service","content":"### sec.62 Chief executive may obtain report from commissioner of the police service\n\nThis section applies to the following persons—\nan approved trainer;\nan employee trainer;\na person to whom a consent to a criminal history check relates.\nThe chief executive may ask the commissioner of the police service to give the chief executive the following information about the person—\na written report about the person’s criminal history;\na brief description of the circumstances of a conviction mentioned in the person’s criminal history.\nThe commissioner of the police service must comply with the request.\nHowever, the duty imposed on the commissioner of the police service to comply with the request applies only to information in the commissioner’s possession or to which the commissioner has access.\n(sec.62-ssec.1) This section applies to the following persons— an approved trainer; an employee trainer; a person to whom a consent to a criminal history check relates.\n(sec.62-ssec.2) The chief executive may ask the commissioner of the police service to give the chief executive the following information about the person— a written report about the person’s criminal history; a brief description of the circumstances of a conviction mentioned in the person’s criminal history.\n(sec.62-ssec.3) The commissioner of the police service must comply with the request.\n(sec.62-ssec.4) However, the duty imposed on the commissioner of the police service to comply with the request applies only to information in the commissioner’s possession or to which the commissioner has access.\n- (a) an approved trainer;\n- (b) an employee trainer;\n- (c) a person to whom a consent to a criminal history check relates.\n- (a) a written report about the person’s criminal history;\n- (b) a brief description of the circumstances of a conviction mentioned in the person’s criminal history.","sortOrder":88},{"sectionNumber":"pt.6-div.4","sectionType":"division","heading":"Use of information","content":"## Use of information","sortOrder":89},{"sectionNumber":"sec.63","sectionType":"section","heading":"Person to be advised of information obtained","content":"### sec.63 Person to be advised of information obtained\n\nThis section applies to information about a person obtained by the chief executive from the commissioner of the police service.\nBefore using the information to make an assessment under this Act, the chief executive must—\ndisclose the information to the person; and\nallow the person a reasonable opportunity to make written representations to the chief executive about the information.\n(sec.63-ssec.1) This section applies to information about a person obtained by the chief executive from the commissioner of the police service.\n(sec.63-ssec.2) Before using the information to make an assessment under this Act, the chief executive must— disclose the information to the person; and allow the person a reasonable opportunity to make written representations to the chief executive about the information.\n- (a) disclose the information to the person; and\n- (b) allow the person a reasonable opportunity to make written representations to the chief executive about the information.","sortOrder":90},{"sectionNumber":"sec.64","sectionType":"section","heading":"Use of information obtained under this part","content":"### sec.64 Use of information obtained under this part\n\nThis section applies to the chief executive in considering information about a person received under this part.\nThe information must not be used for any purpose other than assessing the person’s suitability to work with animals or people with a disability.\nWhen making the assessment, the chief executive must have regard to the following matters relating to information about the commission of an offence by the person—\nwhen the offence was committed;\nthe nature of the offence and its relevance to the person’s ability to work with animals or people with a disability;\na written representation, if any, made to the chief executive under section 63 (2) (b) ;\nanything else the chief executive considers relevant to the assessment of the person.\n(sec.64-ssec.1) This section applies to the chief executive in considering information about a person received under this part.\n(sec.64-ssec.2) The information must not be used for any purpose other than assessing the person’s suitability to work with animals or people with a disability.\n(sec.64-ssec.3) When making the assessment, the chief executive must have regard to the following matters relating to information about the commission of an offence by the person— when the offence was committed; the nature of the offence and its relevance to the person’s ability to work with animals or people with a disability; a written representation, if any, made to the chief executive under section 63 (2) (b) ; anything else the chief executive considers relevant to the assessment of the person.\n- (a) when the offence was committed;\n- (b) the nature of the offence and its relevance to the person’s ability to work with animals or people with a disability;\n- (c) a written representation, if any, made to the chief executive under section 63 (2) (b) ;\n- (d) anything else the chief executive considers relevant to the assessment of the person.","sortOrder":91},{"sectionNumber":"pt.6-div.5","sectionType":"division","heading":"Controls on information","content":"## Controls on information","sortOrder":92},{"sectionNumber":"sec.65","sectionType":"section","heading":"Guidelines for dealing with information","content":"### sec.65 Guidelines for dealing with information\n\nThe chief executive must make guidelines, consistent with this Act, for dealing with information obtained by the chief executive under this part.\nThe purpose of the guidelines is to ensure—\nnatural justice is afforded to the persons about whom the information is obtained; and\nonly relevant information is used in assessing the suitability of a person to work with animals or people with a disability; and\ndecisions based on the information are made consistently.\nThe chief executive must give a copy of the guidelines, on request, to a person who has, or will have, a duty to disclose under section 59 or 60 .\n(sec.65-ssec.1) The chief executive must make guidelines, consistent with this Act, for dealing with information obtained by the chief executive under this part.\n(sec.65-ssec.2) The purpose of the guidelines is to ensure— natural justice is afforded to the persons about whom the information is obtained; and only relevant information is used in assessing the suitability of a person to work with animals or people with a disability; and decisions based on the information are made consistently.\n(sec.65-ssec.3) The chief executive must give a copy of the guidelines, on request, to a person who has, or will have, a duty to disclose under section 59 or 60 .\n- (a) natural justice is afforded to the persons about whom the information is obtained; and\n- (b) only relevant information is used in assessing the suitability of a person to work with animals or people with a disability; and\n- (c) decisions based on the information are made consistently.","sortOrder":93},{"sectionNumber":"sec.66","sectionType":"section","heading":"Confidentiality of information about criminal history","content":"### sec.66 Confidentiality of information about criminal history\n\nThis section applies to a person who—\nis, or has been, a public service employee; and\nin that capacity acquired information, or gained access to a document, under this part about another person’s criminal history.\nThe person must not disclose the information, or give access to the document, to anyone else.\nMaximum penalty—100 penalty units or 2 years imprisonment.\nSubsection (2) does not apply to the disclosure of information, or giving of access to a document, about another person’s criminal history—\nto the chief executive or a public service employee for the purpose of assessing the person’s suitability to work with animals or people with a disability; or\nif the other person is an adult—with the other person’s consent; or\nif the disclosure or giving of access is otherwise required under an Act.\n(sec.66-ssec.1) This section applies to a person who— is, or has been, a public service employee; and in that capacity acquired information, or gained access to a document, under this part about another person’s criminal history.\n(sec.66-ssec.2) The person must not disclose the information, or give access to the document, to anyone else. Maximum penalty—100 penalty units or 2 years imprisonment.\n(sec.66-ssec.3) Subsection (2) does not apply to the disclosure of information, or giving of access to a document, about another person’s criminal history— to the chief executive or a public service employee for the purpose of assessing the person’s suitability to work with animals or people with a disability; or if the other person is an adult—with the other person’s consent; or if the disclosure or giving of access is otherwise required under an Act.\n- (a) is, or has been, a public service employee; and\n- (b) in that capacity acquired information, or gained access to a document, under this part about another person’s criminal history.\n- (a) to the chief executive or a public service employee for the purpose of assessing the person’s suitability to work with animals or people with a disability; or\n- (b) if the other person is an adult—with the other person’s consent; or\n- (c) if the disclosure or giving of access is otherwise required under an Act.","sortOrder":94},{"sectionNumber":"pt.7","sectionType":"part","heading":"Reviews","content":"# Reviews","sortOrder":95},{"sectionNumber":"pt.7-div.1","sectionType":"division","heading":"Interpretation","content":"## Interpretation","sortOrder":96},{"sectionNumber":"sec.67","sectionType":"section","heading":"Definitions for pt 7","content":"### sec.67 Definitions for pt 7\n\nIn this part—\ninterested person see section 68 (2) .\nreviewable decision see section 68 (1) .\nreviewed decision see section 71 (3) .\ns 67 def reviewed decision notice om 2009 No. 24 s 80","sortOrder":97},{"sectionNumber":"pt.7-div.2","sectionType":"division","heading":"Reviewable decisions","content":"## Reviewable decisions","sortOrder":98},{"sectionNumber":"sec.68","sectionType":"section","heading":"Reviewable decisions","content":"### sec.68 Reviewable decisions\n\nA reviewable decision is—\na decision of the chief executive to—\nimpose conditions on an approval under section 17 ; or\nrefuse to grant an approval under section 17 ; or\nimmediately suspend an approval under section 26 ; or\ncancel an approval under section 29 ; or\nimmediately suspend a handler’s identity card under section 47 ; or\ncancel a handler’s identity card under section 48 ; or\na decision of an approved trainer or approved training institution to—\nrefuse to issue a handler’s identity card under section 42 ; or\nimmediately suspend a handler’s identity card under section 47 ; or\ncancel a handler’s identity card under section 48 .\nFor each decision mentioned in subsection (1) , the person who may seek to have the decision reviewed under this part is the person (the interested person ) to whom the chief executive, approved trainer or approved training institution was required to give an information notice about the decision.\ns 68 sub 2015 No. 21 s 31\n(sec.68-ssec.1) A reviewable decision is— a decision of the chief executive to— impose conditions on an approval under section 17 ; or refuse to grant an approval under section 17 ; or immediately suspend an approval under section 26 ; or cancel an approval under section 29 ; or immediately suspend a handler’s identity card under section 47 ; or cancel a handler’s identity card under section 48 ; or a decision of an approved trainer or approved training institution to— refuse to issue a handler’s identity card under section 42 ; or immediately suspend a handler’s identity card under section 47 ; or cancel a handler’s identity card under section 48 .\n(sec.68-ssec.2) For each decision mentioned in subsection (1) , the person who may seek to have the decision reviewed under this part is the person (the interested person ) to whom the chief executive, approved trainer or approved training institution was required to give an information notice about the decision.\n- (a) a decision of the chief executive to— (i) impose conditions on an approval under section 17 ; or (ii) refuse to grant an approval under section 17 ; or (iii) immediately suspend an approval under section 26 ; or (iv) cancel an approval under section 29 ; or (v) immediately suspend a handler’s identity card under section 47 ; or (vi) cancel a handler’s identity card under section 48 ; or\n- (i) impose conditions on an approval under section 17 ; or\n- (ii) refuse to grant an approval under section 17 ; or\n- (iii) immediately suspend an approval under section 26 ; or\n- (iv) cancel an approval under section 29 ; or\n- (v) immediately suspend a handler’s identity card under section 47 ; or\n- (vi) cancel a handler’s identity card under section 48 ; or\n- (b) a decision of an approved trainer or approved training institution to— (i) refuse to issue a handler’s identity card under section 42 ; or (ii) immediately suspend a handler’s identity card under section 47 ; or (iii) cancel a handler’s identity card under section 48 .\n- (i) refuse to issue a handler’s identity card under section 42 ; or\n- (ii) immediately suspend a handler’s identity card under section 47 ; or\n- (iii) cancel a handler’s identity card under section 48 .\n- (i) impose conditions on an approval under section 17 ; or\n- (ii) refuse to grant an approval under section 17 ; or\n- (iii) immediately suspend an approval under section 26 ; or\n- (iv) cancel an approval under section 29 ; or\n- (v) immediately suspend a handler’s identity card under section 47 ; or\n- (vi) cancel a handler’s identity card under section 48 ; or\n- (i) refuse to issue a handler’s identity card under section 42 ; or\n- (ii) immediately suspend a handler’s identity card under section 47 ; or\n- (iii) cancel a handler’s identity card under section 48 .","sortOrder":99},{"sectionNumber":"pt.7-div.3","sectionType":"division","heading":"Review by chief executive","content":"## Review by chief executive","sortOrder":100},{"sectionNumber":"sec.69","sectionType":"section","heading":"Application for review","content":"### sec.69 Application for review\n\nThis section applies to the interested person for a reviewable decision.\nWithin 28 days after the interested person receives an information notice about the reviewable decision, the interested person may apply to the chief executive to review the decision.\nAlso, the interested person may apply to the chief executive to review the decision if the chief executive or an approved trainer or approved training institution has not given the interested person an information notice about the decision.\nThe application must be in the approved form and supported by enough information to enable the chief executive to decide the application.\nThe chief executive may extend the time mentioned in subsection (2) .\ns 69 amd 2015 No. 21 s 32\n(sec.69-ssec.1) This section applies to the interested person for a reviewable decision.\n(sec.69-ssec.2) Within 28 days after the interested person receives an information notice about the reviewable decision, the interested person may apply to the chief executive to review the decision.\n(sec.69-ssec.3) Also, the interested person may apply to the chief executive to review the decision if the chief executive or an approved trainer or approved training institution has not given the interested person an information notice about the decision.\n(sec.69-ssec.4) The application must be in the approved form and supported by enough information to enable the chief executive to decide the application.\n(sec.69-ssec.5) The chief executive may extend the time mentioned in subsection (2) .","sortOrder":101},{"sectionNumber":"sec.70","sectionType":"section","heading":"Stay of operation of original decision","content":"### sec.70 Stay of operation of original decision\n\nAn application under section 69 for review of a decision does not stay the decision.\nHowever, before the decision takes effect, the chief executive may give the interested person a notice staying the operation of the decision for a stated period.\nThe stay may be granted on conditions the chief executive considers appropriate.\nAlso, whether or not the applicant has asked the chief executive to stay the operation of the decision, the applicant may apply to the tribunal for a stay of the decision.\nThe tribunal may stay the decision to secure the effectiveness of the review and any later review by the tribunal.\nThe stay may be granted on conditions the tribunal considers appropriate and has effect for the period stated by the tribunal.\nThe period of the stay must not extend past the time when the chief executive makes the reviewed decision and any later period the tribunal allows for the review of the reviewed decision.\ns 70 amd 2009 No. 24 s 82\n(sec.70-ssec.1) An application under section 69 for review of a decision does not stay the decision.\n(sec.70-ssec.2) However, before the decision takes effect, the chief executive may give the interested person a notice staying the operation of the decision for a stated period.\n(sec.70-ssec.3) The stay may be granted on conditions the chief executive considers appropriate.\n(sec.70-ssec.4) Also, whether or not the applicant has asked the chief executive to stay the operation of the decision, the applicant may apply to the tribunal for a stay of the decision.\n(sec.70-ssec.5) The tribunal may stay the decision to secure the effectiveness of the review and any later review by the tribunal.\n(sec.70-ssec.6) The stay may be granted on conditions the tribunal considers appropriate and has effect for the period stated by the tribunal.\n(sec.70-ssec.7) The period of the stay must not extend past the time when the chief executive makes the reviewed decision and any later period the tribunal allows for the review of the reviewed decision.","sortOrder":102},{"sectionNumber":"sec.71","sectionType":"section","heading":"Reviewed decision","content":"### sec.71 Reviewed decision\n\nThis section applies to an application under section 69 for review of a decision.\nUnless the chief executive made the original decision personally, the chief executive must ensure an application about a decision of the chief executive is not dealt with by—\nthe person who made the original decision; or\na person in a less senior office than the person who made the original decision.\nWithin 28 days after receiving the application, the chief executive must review the original decision and make a decision (the reviewed decision )—\nconfirming the original decision; or\namending the original decision; or\nsubstituting another decision for the original decision.\nImmediately after deciding the application, the chief executive must give the interested person a notice complying with the QCAT Act , section 157 (2) for the decision.\nIf the chief executive does not decide the application within 28 days after receiving it, the chief executive is taken to have made a reviewed decision confirming the original decision.\ns 71 amd 2009 No. 24 s 83 ; 2015 No. 21 s 33\n(sec.71-ssec.1) This section applies to an application under section 69 for review of a decision.\n(sec.71-ssec.2) Unless the chief executive made the original decision personally, the chief executive must ensure an application about a decision of the chief executive is not dealt with by— the person who made the original decision; or a person in a less senior office than the person who made the original decision.\n(sec.71-ssec.3) Within 28 days after receiving the application, the chief executive must review the original decision and make a decision (the reviewed decision )— confirming the original decision; or amending the original decision; or substituting another decision for the original decision.\n(sec.71-ssec.4) Immediately after deciding the application, the chief executive must give the interested person a notice complying with the QCAT Act , section 157 (2) for the decision.\n(sec.71-ssec.5) If the chief executive does not decide the application within 28 days after receiving it, the chief executive is taken to have made a reviewed decision confirming the original decision.\n- (a) the person who made the original decision; or\n- (b) a person in a less senior office than the person who made the original decision.\n- (a) confirming the original decision; or\n- (b) amending the original decision; or\n- (c) substituting another decision for the original decision.","sortOrder":103},{"sectionNumber":"pt.7-div.4","sectionType":"division","heading":"Review by tribunal","content":"## Review by tribunal","sortOrder":104},{"sectionNumber":"sec.72","sectionType":"section","heading":"Review of reviewed decision","content":"### sec.72 Review of reviewed decision\n\nSubsection (2) applies to an interested person for a reviewed decision, whether or not the interested person has received a reviewed decision notice for the decision.\nThe interested person for the reviewed decision may apply, as provided under the QCAT Act , to the tribunal for a review of the reviewed decision.\nIf the interested person has received a reviewed decision notice for the reviewed decision, the application filed in the tribunal to start the review must be accompanied by a copy of the reviewed decision notice.\nIn this section—\nreviewed decision notice means a notice complying with the QCAT Act , section 157 (2) .\ns 72 sub 2009 No. 24 s 85\n(sec.72-ssec.1) Subsection (2) applies to an interested person for a reviewed decision, whether or not the interested person has received a reviewed decision notice for the decision.\n(sec.72-ssec.2) The interested person for the reviewed decision may apply, as provided under the QCAT Act , to the tribunal for a review of the reviewed decision.\n(sec.72-ssec.3) If the interested person has received a reviewed decision notice for the reviewed decision, the application filed in the tribunal to start the review must be accompanied by a copy of the reviewed decision notice.\n(sec.72-ssec.4) In this section— reviewed decision notice means a notice complying with the QCAT Act , section 157 (2) .","sortOrder":105},{"sectionNumber":"sec.73","sectionType":"section","heading":null,"content":"### Section sec.73\n\ns 73 om 2009 No. 24 s 85","sortOrder":106},{"sectionNumber":"pt.8","sectionType":"part","heading":"Monitoring and enforcement","content":"# Monitoring and enforcement","sortOrder":107},{"sectionNumber":"pt.8-div.1","sectionType":"division","heading":"Preliminary","content":"## Preliminary","sortOrder":108},{"sectionNumber":"sec.74","sectionType":"section","heading":"Purpose of pt 8","content":"### sec.74 Purpose of pt 8\n\nThe purpose of this part is to provide powers to authorised officers to investigate, monitor and enforce compliance with this Act.\ns 74 amd 2015 No. 21 s 34","sortOrder":109},{"sectionNumber":"pt.8-div.2","sectionType":"division","heading":"Authorised officers","content":"## Authorised officers","sortOrder":110},{"sectionNumber":"sec.75","sectionType":"section","heading":"Powers generally","content":"### sec.75 Powers generally\n\nAn authorised officer has the powers given under this Act.\nIn exercising the powers under this Act an authorised officer is subject to the directions of the chief executive.\n(sec.75-ssec.1) An authorised officer has the powers given under this Act.\n(sec.75-ssec.2) In exercising the powers under this Act an authorised officer is subject to the directions of the chief executive.","sortOrder":111},{"sectionNumber":"sec.76","sectionType":"section","heading":"Appointment and qualifications","content":"### sec.76 Appointment and qualifications\n\nThe chief executive may appoint a public service employee as an authorised officer.\nHowever, the chief executive may appoint a public service employee as an authorised officer only if the chief executive is satisfied the employee is qualified for appointment because the employee has the necessary expertise or experience.\n(sec.76-ssec.1) The chief executive may appoint a public service employee as an authorised officer.\n(sec.76-ssec.2) However, the chief executive may appoint a public service employee as an authorised officer only if the chief executive is satisfied the employee is qualified for appointment because the employee has the necessary expertise or experience.","sortOrder":112},{"sectionNumber":"sec.77","sectionType":"section","heading":"Appointment conditions and limit on powers","content":"### sec.77 Appointment conditions and limit on powers\n\nAn authorised officer holds office on the conditions stated in—\nthe officer’s instrument of appointment under this Act; or\na signed notice given to the officer; or\na regulation.\nThe instrument of appointment, a signed notice given to the authorised officer or a regulation may limit the officer’s powers under this Act.\nIn this section—\nsigned notice means a notice signed by the chief executive.\n(sec.77-ssec.1) An authorised officer holds office on the conditions stated in— the officer’s instrument of appointment under this Act; or a signed notice given to the officer; or a regulation.\n(sec.77-ssec.2) The instrument of appointment, a signed notice given to the authorised officer or a regulation may limit the officer’s powers under this Act.\n(sec.77-ssec.3) In this section— signed notice means a notice signed by the chief executive.\n- (a) the officer’s instrument of appointment under this Act; or\n- (b) a signed notice given to the officer; or\n- (c) a regulation.","sortOrder":113},{"sectionNumber":"sec.78","sectionType":"section","heading":"Issue of identity card","content":"### sec.78 Issue of identity card\n\nThe chief executive must issue an identity card to each authorised officer.\nThe identity card must—\ncontain a recent photo of the authorised officer; and\ncontain a copy of the authorised officer’s signature; and\nidentify the person as an authorised officer under this Act; and\nstate an expiry date for the card.\nThis section does not prevent the issue of a single identity card to a person for this Act and other purposes.\n(sec.78-ssec.1) The chief executive must issue an identity card to each authorised officer.\n(sec.78-ssec.2) The identity card must— contain a recent photo of the authorised officer; and contain a copy of the authorised officer’s signature; and identify the person as an authorised officer under this Act; and state an expiry date for the card.\n(sec.78-ssec.3) This section does not prevent the issue of a single identity card to a person for this Act and other purposes.\n- (a) contain a recent photo of the authorised officer; and\n- (b) contain a copy of the authorised officer’s signature; and\n- (c) identify the person as an authorised officer under this Act; and\n- (d) state an expiry date for the card.","sortOrder":114},{"sectionNumber":"sec.79","sectionType":"section","heading":"Production or display of identity card","content":"### sec.79 Production or display of identity card\n\nIn exercising a power under this Act in relation to a person in the person’s presence, an authorised officer must—\nproduce the authorised officer’s identity card for the person’s inspection before exercising the power; or\nhave the identity card displayed so it is clearly visible to the person when exercising the power.\nHowever, if it is not practicable to comply with subsection (1) , the authorised officer must produce the identity card for the person’s inspection at the first reasonable opportunity.\nFor subsection (1) , an authorised officer does not exercise a power in relation to a person only because the authorised officer has entered a place as mentioned in section 83 (1) (b) or (c) , or 84 (2) .\ns 79 amd 2015 No. 21 s 35\n(sec.79-ssec.1) In exercising a power under this Act in relation to a person in the person’s presence, an authorised officer must— produce the authorised officer’s identity card for the person’s inspection before exercising the power; or have the identity card displayed so it is clearly visible to the person when exercising the power.\n(sec.79-ssec.2) However, if it is not practicable to comply with subsection (1) , the authorised officer must produce the identity card for the person’s inspection at the first reasonable opportunity.\n(sec.79-ssec.3) For subsection (1) , an authorised officer does not exercise a power in relation to a person only because the authorised officer has entered a place as mentioned in section 83 (1) (b) or (c) , or 84 (2) .\n- (a) produce the authorised officer’s identity card for the person’s inspection before exercising the power; or\n- (b) have the identity card displayed so it is clearly visible to the person when exercising the power.","sortOrder":115},{"sectionNumber":"sec.80","sectionType":"section","heading":"When authorised officer ceases to hold office","content":"### sec.80 When authorised officer ceases to hold office\n\nAn authorised officer ceases to hold office if any of the following happens—\nthe term of office stated in a condition of office ends;\nunder another condition of office, the authorised officer ceases to hold office;\nthe authorised officer’s resignation under section 81 takes effect.\nSubsection (1) does not limit the ways an authorised officer may cease to hold office.\nIn this section—\ncondition of office means a condition on which the authorised officer holds office.\n(sec.80-ssec.1) An authorised officer ceases to hold office if any of the following happens— the term of office stated in a condition of office ends; under another condition of office, the authorised officer ceases to hold office; the authorised officer’s resignation under section 81 takes effect.\n(sec.80-ssec.2) Subsection (1) does not limit the ways an authorised officer may cease to hold office.\n(sec.80-ssec.3) In this section— condition of office means a condition on which the authorised officer holds office.\n- (a) the term of office stated in a condition of office ends;\n- (b) under another condition of office, the authorised officer ceases to hold office;\n- (c) the authorised officer’s resignation under section 81 takes effect.","sortOrder":116},{"sectionNumber":"sec.81","sectionType":"section","heading":"Resignation","content":"### sec.81 Resignation\n\nAn authorised officer may resign by signed notice given to the chief executive.","sortOrder":117},{"sectionNumber":"sec.82","sectionType":"section","heading":"Return of identity card","content":"### sec.82 Return of identity card\n\nA person who ceases to be an authorised officer must return the person’s identity card to the chief executive within 21 days after ceasing to be an authorised officer unless the person has a reasonable excuse.\nMaximum penalty—20 penalty units.","sortOrder":118},{"sectionNumber":"pt.8-div.3","sectionType":"division","heading":"Powers of authorised officers","content":"## Powers of authorised officers","sortOrder":119},{"sectionNumber":"sec.83","sectionType":"section","heading":"General power to enter places","content":"### sec.83 General power to enter places\n\nAn authorised officer may enter a place if—\nan occupier of the place consents under subdivision 2 to the entry and section 84 (3) has been complied with for the occupier; or\nit is a public place and the entry is made when it is open to the public; or\nit is not a home and the entry is made when the place is open for carrying on business or otherwise open for entry; or\nthe entry is authorised under a warrant and, if there is an occupier of the place, section 84D has been complied with for the occupier.\nIf the power to enter arose only because an occupier of the place consented to the entry, the power is subject to any conditions of the consent and ceases if the consent is withdrawn.\nIf the power to enter is under a warrant, the power is subject to the terms of the warrant.\ns 83 sub 2015 No. 21 s 36\n(sec.83-ssec.1) An authorised officer may enter a place if— an occupier of the place consents under subdivision 2 to the entry and section 84 (3) has been complied with for the occupier; or it is a public place and the entry is made when it is open to the public; or it is not a home and the entry is made when the place is open for carrying on business or otherwise open for entry; or the entry is authorised under a warrant and, if there is an occupier of the place, section 84D has been complied with for the occupier.\n(sec.83-ssec.2) If the power to enter arose only because an occupier of the place consented to the entry, the power is subject to any conditions of the consent and ceases if the consent is withdrawn.\n(sec.83-ssec.3) If the power to enter is under a warrant, the power is subject to the terms of the warrant.\n- (a) an occupier of the place consents under subdivision 2 to the entry and section 84 (3) has been complied with for the occupier; or\n- (b) it is a public place and the entry is made when it is open to the public; or\n- (c) it is not a home and the entry is made when the place is open for carrying on business or otherwise open for entry; or\n- (d) the entry is authorised under a warrant and, if there is an occupier of the place, section 84D has been complied with for the occupier.","sortOrder":120},{"sectionNumber":"sec.84","sectionType":"section","heading":"Entry with consent","content":"### sec.84 Entry with consent\n\nThis section applies if an authorised officer intends to ask an occupier of a place to consent to the officer or another authorised officer entering the place under section 83 (1) (a) .\nFor the purpose of asking the occupier for the consent, the authorised officer may, without the occupier’s consent or a warrant—\nenter land around premises at the place to an extent that is reasonable to contact the occupier; or\nenter part of the place the officer reasonably considers members of the public ordinarily are allowed to enter when they wish to contact an occupier of the place.\nBefore asking for the consent, the authorised officer must tell the occupier—\nthe purpose of the entry, including the powers intended to be exercised; and\nthat the occupier is not required to consent; and\nthat the consent may be given subject to conditions and may be withdrawn at any time.\nIf the consent is given, the authorised officer may ask the occupier to sign an acknowledgement of the consent.\nThe acknowledgement must state—\nthe purpose of the entry, including the powers to be exercised; and\nthe following has been explained to the occupier—\nthe purpose of the entry, including the powers intended to be exercised;\nthat the occupier is not required to consent;\nthat the consent may be given subject to conditions and may be withdrawn at any time; and\nthe occupier gives the authorised officer or another authorised officer consent to enter the place and exercise the powers; and\nthe time and date the consent was given; and\nany conditions of the consent.\nIf the occupier signs the acknowledgement, the authorised officer must immediately give a copy to the occupier.\nIf—\nan issue arises in a proceeding about whether the occupier consented to the entry; and\nan acknowledgement complying with subsection (5) for the entry is not produced in evidence;\nthe onus of proof is on the person relying on the lawfulness of the entry to prove the occupier consented.\ns 84 amd 2015 No. 21 s 38\n(sec.84-ssec.1) This section applies if an authorised officer intends to ask an occupier of a place to consent to the officer or another authorised officer entering the place under section 83 (1) (a) .\n(sec.84-ssec.2) For the purpose of asking the occupier for the consent, the authorised officer may, without the occupier’s consent or a warrant— enter land around premises at the place to an extent that is reasonable to contact the occupier; or enter part of the place the officer reasonably considers members of the public ordinarily are allowed to enter when they wish to contact an occupier of the place.\n(sec.84-ssec.3) Before asking for the consent, the authorised officer must tell the occupier— the purpose of the entry, including the powers intended to be exercised; and that the occupier is not required to consent; and that the consent may be given subject to conditions and may be withdrawn at any time.\n(sec.84-ssec.4) If the consent is given, the authorised officer may ask the occupier to sign an acknowledgement of the consent.\n(sec.84-ssec.5) The acknowledgement must state— the purpose of the entry, including the powers to be exercised; and the following has been explained to the occupier— the purpose of the entry, including the powers intended to be exercised; that the occupier is not required to consent; that the consent may be given subject to conditions and may be withdrawn at any time; and the occupier gives the authorised officer or another authorised officer consent to enter the place and exercise the powers; and the time and date the consent was given; and any conditions of the consent.\n(sec.84-ssec.6) If the occupier signs the acknowledgement, the authorised officer must immediately give a copy to the occupier.\n(sec.84-ssec.7) If— an issue arises in a proceeding about whether the occupier consented to the entry; and an acknowledgement complying with subsection (5) for the entry is not produced in evidence; the onus of proof is on the person relying on the lawfulness of the entry to prove the occupier consented.\n- (a) enter land around premises at the place to an extent that is reasonable to contact the occupier; or\n- (b) enter part of the place the officer reasonably considers members of the public ordinarily are allowed to enter when they wish to contact an occupier of the place.\n- (a) the purpose of the entry, including the powers intended to be exercised; and\n- (b) that the occupier is not required to consent; and\n- (c) that the consent may be given subject to conditions and may be withdrawn at any time.\n- (a) the purpose of the entry, including the powers to be exercised; and\n- (b) the following has been explained to the occupier— (i) the purpose of the entry, including the powers intended to be exercised; (ii) that the occupier is not required to consent; (iii) that the consent may be given subject to conditions and may be withdrawn at any time; and\n- (i) the purpose of the entry, including the powers intended to be exercised;\n- (ii) that the occupier is not required to consent;\n- (iii) that the consent may be given subject to conditions and may be withdrawn at any time; and\n- (c) the occupier gives the authorised officer or another authorised officer consent to enter the place and exercise the powers; and\n- (d) the time and date the consent was given; and\n- (e) any conditions of the consent.\n- (i) the purpose of the entry, including the powers intended to be exercised;\n- (ii) that the occupier is not required to consent;\n- (iii) that the consent may be given subject to conditions and may be withdrawn at any time; and\n- (a) an issue arises in a proceeding about whether the occupier consented to the entry; and\n- (b) an acknowledgement complying with subsection (5) for the entry is not produced in evidence;","sortOrder":121},{"sectionNumber":"sec.84A","sectionType":"section","heading":"Application for warrant","content":"### sec.84A Application for warrant\n\nAn authorised officer may apply to a magistrate for a warrant for a place.\nThe authorised officer must prepare a written application that states the grounds on which the warrant is sought.\nThe written application must be sworn.\nThe magistrate may refuse to consider the application until the authorised officer gives the magistrate all the information the magistrate requires about the application in the way the magistrate requires.\nThe magistrate may require additional information supporting the written application to be given by statutory declaration.\ns 84A ins 2015 No. 21 s 39\n(sec.84A-ssec.1) An authorised officer may apply to a magistrate for a warrant for a place.\n(sec.84A-ssec.2) The authorised officer must prepare a written application that states the grounds on which the warrant is sought.\n(sec.84A-ssec.3) The written application must be sworn.\n(sec.84A-ssec.4) The magistrate may refuse to consider the application until the authorised officer gives the magistrate all the information the magistrate requires about the application in the way the magistrate requires. The magistrate may require additional information supporting the written application to be given by statutory declaration.","sortOrder":122},{"sectionNumber":"sec.84B","sectionType":"section","heading":"Issue of warrant","content":"### sec.84B Issue of warrant\n\nThe magistrate may issue a warrant for the place only if the magistrate is satisfied there are reasonable grounds for suspecting that there is at the place, or will be at the place within the next 7 days, a particular thing or activity that may provide evidence of an offence against this Act.\nThe warrant must state—\nthe place to which the warrant applies; and\nthat a stated authorised officer or any authorised officer may with necessary and reasonable help and force—\nenter the place and any other place necessary for entry to the place; and\nexercise the officer’s powers; and\nparticulars of the offence that the magistrate considers appropriate; and\nthe name of the person suspected of having committed the offence unless the name is unknown or the magistrate considers it inappropriate to state the name; and\nthe hours of the day or night when the place may be entered; and\nthe magistrate’s name; and\nthe day and time of the warrant’s issue; and\nthe day, within 14 days after the warrant’s issue, the warrant ends.\ns 84B ins 2015 No. 21 s 39\n(sec.84B-ssec.1) The magistrate may issue a warrant for the place only if the magistrate is satisfied there are reasonable grounds for suspecting that there is at the place, or will be at the place within the next 7 days, a particular thing or activity that may provide evidence of an offence against this Act.\n(sec.84B-ssec.2) The warrant must state— the place to which the warrant applies; and that a stated authorised officer or any authorised officer may with necessary and reasonable help and force— enter the place and any other place necessary for entry to the place; and exercise the officer’s powers; and particulars of the offence that the magistrate considers appropriate; and the name of the person suspected of having committed the offence unless the name is unknown or the magistrate considers it inappropriate to state the name; and the hours of the day or night when the place may be entered; and the magistrate’s name; and the day and time of the warrant’s issue; and the day, within 14 days after the warrant’s issue, the warrant ends.\n- (a) the place to which the warrant applies; and\n- (b) that a stated authorised officer or any authorised officer may with necessary and reasonable help and force— (i) enter the place and any other place necessary for entry to the place; and (ii) exercise the officer’s powers; and\n- (i) enter the place and any other place necessary for entry to the place; and\n- (ii) exercise the officer’s powers; and\n- (c) particulars of the offence that the magistrate considers appropriate; and\n- (d) the name of the person suspected of having committed the offence unless the name is unknown or the magistrate considers it inappropriate to state the name; and\n- (e) the hours of the day or night when the place may be entered; and\n- (f) the magistrate’s name; and\n- (g) the day and time of the warrant’s issue; and\n- (h) the day, within 14 days after the warrant’s issue, the warrant ends.\n- (i) enter the place and any other place necessary for entry to the place; and\n- (ii) exercise the officer’s powers; and","sortOrder":123},{"sectionNumber":"sec.84C","sectionType":"section","heading":"Defect in relation to a warrant","content":"### sec.84C Defect in relation to a warrant\n\nA warrant is not invalidated by a defect in—\nthe warrant; or\ncompliance with this subdivision;\nunless the defect affects the substance of the warrant in a material particular.\ns 84C ins 2015 No. 21 s 39\n(sec.84C-ssec) A warrant is not invalidated by a defect in— the warrant; or compliance with this subdivision; unless the defect affects the substance of the warrant in a material particular.\n- (a) the warrant; or\n- (b) compliance with this subdivision;","sortOrder":124},{"sectionNumber":"sec.84D","sectionType":"section","heading":"Procedure for entry under warrant","content":"### sec.84D Procedure for entry under warrant\n\nThis section applies if an authorised officer is intending to enter a place under a warrant issued under this subdivision.\nBefore entering the place, the authorised officer must do or make a reasonable attempt to do the following things—\nidentify himself or herself to a person who is an occupier of the place and is present by producing the officer’s identity card or another document evidencing the officer’s appointment;\ngive the person a copy of the warrant;\ntell the person the officer is permitted by the warrant to enter the place;\ngive the person an opportunity to allow the officer immediate entry to the place without using force.\nHowever, the authorised officer need not comply with subsection (2) if the officer believes on reasonable grounds that entry to the place without compliance is required to ensure the execution of the warrant is not frustrated.\ns 84D ins 2015 No. 21 s 39\n(sec.84D-ssec.1) This section applies if an authorised officer is intending to enter a place under a warrant issued under this subdivision.\n(sec.84D-ssec.2) Before entering the place, the authorised officer must do or make a reasonable attempt to do the following things— identify himself or herself to a person who is an occupier of the place and is present by producing the officer’s identity card or another document evidencing the officer’s appointment; give the person a copy of the warrant; tell the person the officer is permitted by the warrant to enter the place; give the person an opportunity to allow the officer immediate entry to the place without using force.\n(sec.84D-ssec.3) However, the authorised officer need not comply with subsection (2) if the officer believes on reasonable grounds that entry to the place without compliance is required to ensure the execution of the warrant is not frustrated.\n- (a) identify himself or herself to a person who is an occupier of the place and is present by producing the officer’s identity card or another document evidencing the officer’s appointment;\n- (b) give the person a copy of the warrant;\n- (c) tell the person the officer is permitted by the warrant to enter the place;\n- (d) give the person an opportunity to allow the officer immediate entry to the place without using force.","sortOrder":125},{"sectionNumber":"sec.85","sectionType":"section","heading":"General powers after entering a place","content":"### sec.85 General powers after entering a place\n\nThis section applies to an authorised officer who enters a place under section 83 (1) (a) , (c) or (d) .\nHowever, if the authorised officer enters under section 83 (1) (a) or (d) , the powers under this section are subject to any conditions of the consent or terms of the warrant.\nFor investigating an offence against this Act, the authorised officer may do any of the following—\nsearch any part of the place;\ninspect, examine or film any part of the place or anything at the place;\ncopy a document at the place;\nconfer alone with a person at the place;\nrequire a person at the place to give the authorised officer reasonable help to exercise the authorised officer’s powers under paragraphs (a) to (d) ;\nrequire a person at the place to answer questions by the authorised officer to help the authorised officer ascertain whether this Act is being or has been complied with.\nWhen making a requirement mentioned in subsection (3) (e) or (f) , the authorised officer must warn the person it is an offence to fail to comply with the requirement, unless the person has a reasonable excuse.\nIn this section—\nexamine includes analyse, test, account, measure, weigh, grade, gauge and identify.\nfilm includes photograph, videotape and record an image in another way.\ninspect , a thing, includes open the thing and examine its contents.\ns 85 amd 2015 No. 21 s 40\n(sec.85-ssec.1) This section applies to an authorised officer who enters a place under section 83 (1) (a) , (c) or (d) .\n(sec.85-ssec.2) However, if the authorised officer enters under section 83 (1) (a) or (d) , the powers under this section are subject to any conditions of the consent or terms of the warrant.\n(sec.85-ssec.3) For investigating an offence against this Act, the authorised officer may do any of the following— search any part of the place; inspect, examine or film any part of the place or anything at the place; copy a document at the place; confer alone with a person at the place; require a person at the place to give the authorised officer reasonable help to exercise the authorised officer’s powers under paragraphs (a) to (d) ; require a person at the place to answer questions by the authorised officer to help the authorised officer ascertain whether this Act is being or has been complied with.\n(sec.85-ssec.4) When making a requirement mentioned in subsection (3) (e) or (f) , the authorised officer must warn the person it is an offence to fail to comply with the requirement, unless the person has a reasonable excuse.\n(sec.85-ssec.5) In this section— examine includes analyse, test, account, measure, weigh, grade, gauge and identify. film includes photograph, videotape and record an image in another way. inspect , a thing, includes open the thing and examine its contents.\n- (a) search any part of the place;\n- (b) inspect, examine or film any part of the place or anything at the place;\n- (c) copy a document at the place;\n- (d) confer alone with a person at the place;\n- (e) require a person at the place to give the authorised officer reasonable help to exercise the authorised officer’s powers under paragraphs (a) to (d) ;\n- (f) require a person at the place to answer questions by the authorised officer to help the authorised officer ascertain whether this Act is being or has been complied with.","sortOrder":126},{"sectionNumber":"sec.86","sectionType":"section","heading":"Failure to help authorised officer","content":"### sec.86 Failure to help authorised officer\n\nA person required to give reasonable help under section 85 (3) (e) must comply with the requirement, unless the person has a reasonable excuse.\nMaximum penalty—50 penalty units.","sortOrder":127},{"sectionNumber":"sec.87","sectionType":"section","heading":"Failure to answer questions","content":"### sec.87 Failure to answer questions\n\nA person of whom a requirement is made under section 85 (3) (f) must comply with the requirement, unless the person has a reasonable excuse.\nMaximum penalty—50 penalty units.\nIt is a reasonable excuse for an individual to fail to comply with the requirement because complying with the requirement might tend to incriminate the individual.\n(sec.87-ssec.1) A person of whom a requirement is made under section 85 (3) (f) must comply with the requirement, unless the person has a reasonable excuse. Maximum penalty—50 penalty units.\n(sec.87-ssec.2) It is a reasonable excuse for an individual to fail to comply with the requirement because complying with the requirement might tend to incriminate the individual.","sortOrder":128},{"sectionNumber":"sec.88","sectionType":"section","heading":"Power to require name and address","content":"### sec.88 Power to require name and address\n\nThis section applies if an authorised officer—\nfinds a person committing an offence against this Act; or\nfinds a person in circumstances that lead the authorised officer reasonably to suspect the person is committing, or has just committed, an offence against this Act; or\nhas information that leads the authorised officer reasonably to suspect the person is committing, or has just committed, an offence against this Act.\nThe authorised officer may require the person to state the person’s name and residential address.\nWhen making the requirement, the authorised officer must warn the person it is an offence to fail to state the person’s name or residential address, unless the person has a reasonable excuse.\nThe authorised officer may also require the person to give evidence of the correctness of the stated name or address if, in the circumstances, it would be reasonable to expect the person to—\nbe in possession of evidence of the correctness of the stated name or address; or\notherwise be able to give the evidence.\ns 88 amd 2015 No. 21 s 41\n(sec.88-ssec.1) This section applies if an authorised officer— finds a person committing an offence against this Act; or finds a person in circumstances that lead the authorised officer reasonably to suspect the person is committing, or has just committed, an offence against this Act; or has information that leads the authorised officer reasonably to suspect the person is committing, or has just committed, an offence against this Act.\n(sec.88-ssec.2) The authorised officer may require the person to state the person’s name and residential address.\n(sec.88-ssec.3) When making the requirement, the authorised officer must warn the person it is an offence to fail to state the person’s name or residential address, unless the person has a reasonable excuse.\n(sec.88-ssec.4) The authorised officer may also require the person to give evidence of the correctness of the stated name or address if, in the circumstances, it would be reasonable to expect the person to— be in possession of evidence of the correctness of the stated name or address; or otherwise be able to give the evidence.\n- (a) finds a person committing an offence against this Act; or\n- (b) finds a person in circumstances that lead the authorised officer reasonably to suspect the person is committing, or has just committed, an offence against this Act; or\n- (c) has information that leads the authorised officer reasonably to suspect the person is committing, or has just committed, an offence against this Act.\n- (a) be in possession of evidence of the correctness of the stated name or address; or\n- (b) otherwise be able to give the evidence.","sortOrder":129},{"sectionNumber":"sec.89","sectionType":"section","heading":"Failure to give name or address","content":"### sec.89 Failure to give name or address\n\nA person of whom a requirement is made under section 88 (2) or (4) must comply with the requirement, unless the person has a reasonable excuse.\nMaximum penalty—50 penalty units.\nA person does not commit an offence against subsection (1) if—\nthe person was required to state the person’s name and residential address by an authorised officer who suspected the person had committed an offence against this Act; and\nthe person is not proved to have committed the offence.\n(sec.89-ssec.1) A person of whom a requirement is made under section 88 (2) or (4) must comply with the requirement, unless the person has a reasonable excuse. Maximum penalty—50 penalty units.\n(sec.89-ssec.2) A person does not commit an offence against subsection (1) if— the person was required to state the person’s name and residential address by an authorised officer who suspected the person had committed an offence against this Act; and the person is not proved to have committed the offence.\n- (a) the person was required to state the person’s name and residential address by an authorised officer who suspected the person had committed an offence against this Act; and\n- (b) the person is not proved to have committed the offence.","sortOrder":130},{"sectionNumber":"sec.89A","sectionType":"section","heading":"General power to require information","content":"### sec.89A General power to require information\n\nThis section applies if an authorised officer reasonably believes—\nan offence against this Act has been committed; and\na person may be able to give information about the offence.\nThe authorised officer may, by notice given to the person, require the person to give the officer information related to the offence at a stated reasonable time and place.\nFor information that is an electronic document, compliance with the requirement requires the giving of a clear image or written version of the electronic document.\nIn this section—\ninformation includes a document.\ns 89A ins 2015 No. 21 s 42\n(sec.89A-ssec.1) This section applies if an authorised officer reasonably believes— an offence against this Act has been committed; and a person may be able to give information about the offence.\n(sec.89A-ssec.2) The authorised officer may, by notice given to the person, require the person to give the officer information related to the offence at a stated reasonable time and place.\n(sec.89A-ssec.3) For information that is an electronic document, compliance with the requirement requires the giving of a clear image or written version of the electronic document.\n(sec.89A-ssec.4) In this section— information includes a document.\n- (a) an offence against this Act has been committed; and\n- (b) a person may be able to give information about the offence.","sortOrder":131},{"sectionNumber":"sec.90","sectionType":"section","heading":"Power to require particular information or inspect documents","content":"### sec.90 Power to require particular information or inspect documents\n\nFor the purpose of monitoring or enforcing compliance with this Act, an authorised officer may require an approved trainer or approved training institution to—\ngive particular information about the provision of a training service by the trainer or institution, including information about a matter dealt with in the prescribed requirements; or\nmake a document available for inspection by the authorised officer, or produce a document to the authorised officer for inspection, at a reasonable time and place nominated by the authorised officer.\nFor the purpose of monitoring or enforcing compliance with this Act, an authorised officer may require a person to make available for inspection by the authorised officer, or produce to the authorised officer for inspection, at a reasonable time and place nominated by the authorised officer—\na document issued to the person under this Act; or\na document required to be kept by the person under this Act.\nFor information that is an electronic document, compliance with the requirement requires the giving of a clear image or written version of the electronic document.\ns 90 amd 2015 No. 21 s 43\n(sec.90-ssec.1) For the purpose of monitoring or enforcing compliance with this Act, an authorised officer may require an approved trainer or approved training institution to— give particular information about the provision of a training service by the trainer or institution, including information about a matter dealt with in the prescribed requirements; or make a document available for inspection by the authorised officer, or produce a document to the authorised officer for inspection, at a reasonable time and place nominated by the authorised officer.\n(sec.90-ssec.2) For the purpose of monitoring or enforcing compliance with this Act, an authorised officer may require a person to make available for inspection by the authorised officer, or produce to the authorised officer for inspection, at a reasonable time and place nominated by the authorised officer— a document issued to the person under this Act; or a document required to be kept by the person under this Act.\n(sec.90-ssec.3) For information that is an electronic document, compliance with the requirement requires the giving of a clear image or written version of the electronic document.\n- (a) give particular information about the provision of a training service by the trainer or institution, including information about a matter dealt with in the prescribed requirements; or\n- (b) make a document available for inspection by the authorised officer, or produce a document to the authorised officer for inspection, at a reasonable time and place nominated by the authorised officer.\n- (a) a document issued to the person under this Act; or\n- (b) a document required to be kept by the person under this Act.","sortOrder":132},{"sectionNumber":"sec.91","sectionType":"section","heading":"Powers relating to production of documents","content":"### sec.91 Powers relating to production of documents\n\nThis section applies to a document made available or produced to an authorised officer under section 89A (2) or 90 (1) (b) or (2) .\nThe authorised officer may keep the document to copy it.\nIf the authorised officer copies the document, or an entry in the document, the authorised officer may require the person responsible for keeping the document to certify the copy as a true copy of the document or entry.\nThe authorised officer must return the document to the person as soon as practicable after copying it.\nHowever, if a requirement is made of a person under subsection (3) , the authorised officer may keep the document until the person complies with the requirement.\ns 91 amd 2015 No. 21 s 44\n(sec.91-ssec.1) This section applies to a document made available or produced to an authorised officer under section 89A (2) or 90 (1) (b) or (2) .\n(sec.91-ssec.2) The authorised officer may keep the document to copy it.\n(sec.91-ssec.3) If the authorised officer copies the document, or an entry in the document, the authorised officer may require the person responsible for keeping the document to certify the copy as a true copy of the document or entry.\n(sec.91-ssec.4) The authorised officer must return the document to the person as soon as practicable after copying it.\n(sec.91-ssec.5) However, if a requirement is made of a person under subsection (3) , the authorised officer may keep the document until the person complies with the requirement.","sortOrder":133},{"sectionNumber":"sec.92","sectionType":"section","heading":"Failure to give information or produce or certify document","content":"### sec.92 Failure to give information or produce or certify document\n\nA person of whom a requirement is made under section 89A (2) or 90 must comply with the requirement unless the person has a reasonable excuse.\nMaximum penalty—50 penalty units.\nIt is a reasonable excuse for an individual not to comply with a requirement under section 89A (2) or 90 if complying with the requirement might tend to incriminate the individual or expose the individual to a penalty.\nA person of whom a requirement is made under section 91 (3) must comply with the requirement, unless the person has a reasonable excuse.\nContravention of this section by an approved trainer or approved training institution is a ground for immediately suspending or cancelling the trainer’s or institution’s approval under section 25 (1) (c) .\ns 92 amd 2015 No. 21 s 45\n(sec.92-ssec.1) A person of whom a requirement is made under section 89A (2) or 90 must comply with the requirement unless the person has a reasonable excuse. Maximum penalty—50 penalty units.\n(sec.92-ssec.2) It is a reasonable excuse for an individual not to comply with a requirement under section 89A (2) or 90 if complying with the requirement might tend to incriminate the individual or expose the individual to a penalty.\n(sec.92-ssec.3) A person of whom a requirement is made under section 91 (3) must comply with the requirement, unless the person has a reasonable excuse. Contravention of this section by an approved trainer or approved training institution is a ground for immediately suspending or cancelling the trainer’s or institution’s approval under section 25 (1) (c) .","sortOrder":134},{"sectionNumber":"pt.8-div.4","sectionType":"division","heading":"Other matters","content":"## Other matters","sortOrder":135},{"sectionNumber":"sec.93","sectionType":"section","heading":"Notice of damage","content":"### sec.93 Notice of damage\n\nThis section applies if—\nan authorised officer damages property when exercising or purporting to exercise a power; or\na person (the other person ) acting under the direction or authority of an authorised officer damages property.\nThe authorised officer must immediately give notice of particulars of the damage to a person who appears to the authorised officer to be an owner of the property.\nIf the authorised officer believes the damage was caused by a latent defect in the property or circumstances beyond the authorised officer’s or other person’s control, the authorised officer may state the belief in the notice.\nIf, for any reason, it is impracticable to comply with subsection (2) , the authorised officer must leave the notice in a conspicuous position and in a reasonably secure way where the damage happened.\nThis section does not apply to damage the authorised officer reasonably believes is trivial.\nIn this section—\nowner , of property, includes a person in possession or control of it.\n(sec.93-ssec.1) This section applies if— an authorised officer damages property when exercising or purporting to exercise a power; or a person (the other person ) acting under the direction or authority of an authorised officer damages property.\n(sec.93-ssec.2) The authorised officer must immediately give notice of particulars of the damage to a person who appears to the authorised officer to be an owner of the property.\n(sec.93-ssec.3) If the authorised officer believes the damage was caused by a latent defect in the property or circumstances beyond the authorised officer’s or other person’s control, the authorised officer may state the belief in the notice.\n(sec.93-ssec.4) If, for any reason, it is impracticable to comply with subsection (2) , the authorised officer must leave the notice in a conspicuous position and in a reasonably secure way where the damage happened.\n(sec.93-ssec.5) This section does not apply to damage the authorised officer reasonably believes is trivial.\n(sec.93-ssec.6) In this section— owner , of property, includes a person in possession or control of it.\n- (a) an authorised officer damages property when exercising or purporting to exercise a power; or\n- (b) a person (the other person ) acting under the direction or authority of an authorised officer damages property.","sortOrder":136},{"sectionNumber":"sec.94","sectionType":"section","heading":"Compensation","content":"### sec.94 Compensation\n\nIf a person incurs loss or expense because of the exercise or purported exercise of a power under division 3 , subdivision 1 , 2A or 3 , the person may claim compensation from the chief executive.\nWithout limiting subsection (1) , compensation may also be claimed for loss or expense incurred in complying with a requirement made of the person under this part.\nCompensation may be claimed and ordered to be paid in a proceeding—\nbrought in a court with jurisdiction for the recovery of the amount of compensation claimed; or\nfor an offence against this Act brought against the person claiming compensation.\nA court may order compensation to be paid only if it is satisfied it is just to make the order in the circumstances of the particular case.\ns 94 amd 2015 No. 21 s 46\n(sec.94-ssec.1) If a person incurs loss or expense because of the exercise or purported exercise of a power under division 3 , subdivision 1 , 2A or 3 , the person may claim compensation from the chief executive.\n(sec.94-ssec.2) Without limiting subsection (1) , compensation may also be claimed for loss or expense incurred in complying with a requirement made of the person under this part.\n(sec.94-ssec.3) Compensation may be claimed and ordered to be paid in a proceeding— brought in a court with jurisdiction for the recovery of the amount of compensation claimed; or for an offence against this Act brought against the person claiming compensation.\n(sec.94-ssec.4) A court may order compensation to be paid only if it is satisfied it is just to make the order in the circumstances of the particular case.\n- (a) brought in a court with jurisdiction for the recovery of the amount of compensation claimed; or\n- (b) for an offence against this Act brought against the person claiming compensation.","sortOrder":137},{"sectionNumber":"sec.95","sectionType":"section","heading":"False or misleading statements","content":"### sec.95 False or misleading statements\n\nA person must not, for this Act, state anything to the chief executive or an authorised officer that the person knows is false or misleading in a material particular.\nMaximum penalty—100 penalty units.","sortOrder":138},{"sectionNumber":"sec.96","sectionType":"section","heading":"False or misleading documents","content":"### sec.96 False or misleading documents\n\nA person must not, for this Act, give the chief executive or an authorised officer a document containing information that the person knows is false or misleading in a material particular.\nMaximum penalty—100 penalty units.\nSubsection (1) does not apply to a person if the person, when giving the document—\ntells the chief executive or authorised officer, to the best of the person’s ability, how it is false or misleading; and\nif the person has, or can reasonably obtain, the correct information—gives the correct information.\n(sec.96-ssec.1) A person must not, for this Act, give the chief executive or an authorised officer a document containing information that the person knows is false or misleading in a material particular. Maximum penalty—100 penalty units.\n(sec.96-ssec.2) Subsection (1) does not apply to a person if the person, when giving the document— tells the chief executive or authorised officer, to the best of the person’s ability, how it is false or misleading; and if the person has, or can reasonably obtain, the correct information—gives the correct information.\n- (a) tells the chief executive or authorised officer, to the best of the person’s ability, how it is false or misleading; and\n- (b) if the person has, or can reasonably obtain, the correct information—gives the correct information.","sortOrder":139},{"sectionNumber":"sec.97","sectionType":"section","heading":"Obstructing an authorised officer","content":"### sec.97 Obstructing an authorised officer\n\nA person must not obstruct an authorised officer in the exercise of a power, unless the person has a reasonable excuse.\nMaximum penalty—100 penalty units.\nIf a person has obstructed an authorised officer and the officer decides to proceed with the exercise of the power, the officer must warn the person that—\nit is an offence to obstruct the officer, unless the person has a reasonable excuse; and\nthe officer considers the person’s conduct an obstruction.\n(sec.97-ssec.1) A person must not obstruct an authorised officer in the exercise of a power, unless the person has a reasonable excuse. Maximum penalty—100 penalty units.\n(sec.97-ssec.2) If a person has obstructed an authorised officer and the officer decides to proceed with the exercise of the power, the officer must warn the person that— it is an offence to obstruct the officer, unless the person has a reasonable excuse; and the officer considers the person’s conduct an obstruction.\n- (a) it is an offence to obstruct the officer, unless the person has a reasonable excuse; and\n- (b) the officer considers the person’s conduct an obstruction.","sortOrder":140},{"sectionNumber":"sec.98","sectionType":"section","heading":"Impersonation of an authorised officer","content":"### sec.98 Impersonation of an authorised officer\n\nA person must not pretend to be an authorised officer.\nMaximum penalty—100 penalty units.","sortOrder":141},{"sectionNumber":"pt.9","sectionType":"part","heading":"Legal proceedings","content":"# Legal proceedings","sortOrder":142},{"sectionNumber":"pt.9-div.1","sectionType":"division","heading":"Application","content":"## Application","sortOrder":143},{"sectionNumber":"sec.99","sectionType":"section","heading":"Application of pt 9","content":"### sec.99 Application of pt 9\n\nThis part applies to a proceeding under this Act.","sortOrder":144},{"sectionNumber":"pt.9-div.2","sectionType":"division","heading":"Evidence","content":"## Evidence","sortOrder":145},{"sectionNumber":"sec.100","sectionType":"section","heading":"Appointments and authority","content":"### sec.100 Appointments and authority\n\nThe following must be presumed unless a party to the proceeding, by reasonable notice, requires proof of it—\nthe chief executive’s appointment;\nan authorised officer’s appointment;\nthe authority of the chief executive or an authorised officer to do anything under this Act.\n- (a) the chief executive’s appointment;\n- (b) an authorised officer’s appointment;\n- (c) the authority of the chief executive or an authorised officer to do anything under this Act.","sortOrder":146},{"sectionNumber":"sec.101","sectionType":"section","heading":"Signatures","content":"### sec.101 Signatures\n\nA signature purporting to be the signature of the chief executive or an authorised officer is evidence of the signature it purports to be.","sortOrder":147},{"sectionNumber":"sec.102","sectionType":"section","heading":"Evidentiary provisions","content":"### sec.102 Evidentiary provisions\n\nA certificate purporting to be signed by the chief executive and stating any of the following matters is evidence of the matter—\na stated document is 1 of the following things made, given, issued or kept under this Act—\nan appointment, approval or decision;\na notice or requirement;\na record, or an extract from a record;\na stated document is a copy of a thing mentioned in paragraph (a) ;\non a stated day, or during a stated period, an appointment as an authorised officer was, or was not, in force for a stated person;\non a stated day, a stated person was given a stated notice under this Act;\non a stated day, a stated requirement was made of a stated person.\nIn a complaint starting a proceeding, a statement that the matter of complaint came to the complainant’s knowledge on a stated day is evidence of when the matter came to the complainant’s knowledge.\n(sec.102-ssec.1) A certificate purporting to be signed by the chief executive and stating any of the following matters is evidence of the matter— a stated document is 1 of the following things made, given, issued or kept under this Act— an appointment, approval or decision; a notice or requirement; a record, or an extract from a record; a stated document is a copy of a thing mentioned in paragraph (a) ; on a stated day, or during a stated period, an appointment as an authorised officer was, or was not, in force for a stated person; on a stated day, a stated person was given a stated notice under this Act; on a stated day, a stated requirement was made of a stated person.\n(sec.102-ssec.2) In a complaint starting a proceeding, a statement that the matter of complaint came to the complainant’s knowledge on a stated day is evidence of when the matter came to the complainant’s knowledge.\n- (a) a stated document is 1 of the following things made, given, issued or kept under this Act— (i) an appointment, approval or decision; (ii) a notice or requirement; (iii) a record, or an extract from a record;\n- (i) an appointment, approval or decision;\n- (ii) a notice or requirement;\n- (iii) a record, or an extract from a record;\n- (b) a stated document is a copy of a thing mentioned in paragraph (a) ;\n- (c) on a stated day, or during a stated period, an appointment as an authorised officer was, or was not, in force for a stated person;\n- (d) on a stated day, a stated person was given a stated notice under this Act;\n- (e) on a stated day, a stated requirement was made of a stated person.\n- (i) an appointment, approval or decision;\n- (ii) a notice or requirement;\n- (iii) a record, or an extract from a record;","sortOrder":148},{"sectionNumber":"pt.9-div.3","sectionType":"division","heading":"Proceedings","content":"## Proceedings","sortOrder":149},{"sectionNumber":"sec.103","sectionType":"section","heading":"Summary proceedings for offences","content":"### sec.103 Summary proceedings for offences\n\nA proceeding for an offence against this Act must be taken in a summary way under the Justices Act 1886 .\nA proceeding for an offence against this Act must start within the later of the following periods to end—\n1 year after the commission of the offence;\n6 months after the offence comes to the complainant’s knowledge, but within 2 years after the offence is committed.\n(sec.103-ssec.1) A proceeding for an offence against this Act must be taken in a summary way under the Justices Act 1886 .\n(sec.103-ssec.2) A proceeding for an offence against this Act must start within the later of the following periods to end— 1 year after the commission of the offence; 6 months after the offence comes to the complainant’s knowledge, but within 2 years after the offence is committed.\n- (a) 1 year after the commission of the offence;\n- (b) 6 months after the offence comes to the complainant’s knowledge, but within 2 years after the offence is committed.","sortOrder":150},{"sectionNumber":"sec.104","sectionType":"section","heading":"Allegations of false or misleading information or document","content":"### sec.104 Allegations of false or misleading information or document\n\nIn any proceeding for an offence against this Act defined as involving false or misleading information, or a false or misleading document, it is enough for a charge to state that the information or document was, without specifying which, ‘false or misleading’.","sortOrder":151},{"sectionNumber":"sec.105","sectionType":"section","heading":"Responsibility for acts or omissions of representative","content":"### sec.105 Responsibility for acts or omissions of representative\n\nThis section applies in a proceeding for an offence against this Act.\nIf it is relevant to prove a person’s state of mind about a particular act or omission, it is enough to show—\nthe act was done or omitted to be done by a representative of the person within the scope of the representative’s actual or apparent authority; and\nthe representative had the state of mind.\nAn act done or omitted to be done for a person by a representative of the person within the scope of the representative’s actual or apparent authority is taken to have been done or omitted to be done also by the person, unless the person proves the person could not, by the exercise of reasonable diligence, have prevented the act or omission.\nIn this section—\nrepresentative means—\nfor a corporation—an executive officer, employee or agent of the corporation; or\nfor an individual—an employee or agent of the individual.\nstate of mind of a person includes—\nthe person’s knowledge, intention, opinion, belief or purpose; and\nthe person’s reasons for the intention, opinion, belief or purpose.\n(sec.105-ssec.1) This section applies in a proceeding for an offence against this Act.\n(sec.105-ssec.2) If it is relevant to prove a person’s state of mind about a particular act or omission, it is enough to show— the act was done or omitted to be done by a representative of the person within the scope of the representative’s actual or apparent authority; and the representative had the state of mind.\n(sec.105-ssec.3) An act done or omitted to be done for a person by a representative of the person within the scope of the representative’s actual or apparent authority is taken to have been done or omitted to be done also by the person, unless the person proves the person could not, by the exercise of reasonable diligence, have prevented the act or omission.\n(sec.105-ssec.4) In this section— representative means— for a corporation—an executive officer, employee or agent of the corporation; or for an individual—an employee or agent of the individual. state of mind of a person includes— the person’s knowledge, intention, opinion, belief or purpose; and the person’s reasons for the intention, opinion, belief or purpose.\n- (a) the act was done or omitted to be done by a representative of the person within the scope of the representative’s actual or apparent authority; and\n- (b) the representative had the state of mind.\n- (a) for a corporation—an executive officer, employee or agent of the corporation; or\n- (b) for an individual—an employee or agent of the individual.\n- (a) the person’s knowledge, intention, opinion, belief or purpose; and\n- (b) the person’s reasons for the intention, opinion, belief or purpose.","sortOrder":152},{"sectionNumber":"sec.106","sectionType":"section","heading":null,"content":"### Section sec.106\n\ns 106 om 2013 No. 51 s 62","sortOrder":153},{"sectionNumber":"pt.10","sectionType":"part","heading":null,"content":"","sortOrder":154},{"sectionNumber":"sec.107","sectionType":"section","heading":null,"content":"### Section sec.107\n\ns 107 om 2015 No. 21 s 47","sortOrder":155},{"sectionNumber":"sec.108","sectionType":"section","heading":null,"content":"### Section sec.108\n\ns 108 amd 2006 No. 12 s 333 sch 2 (amd 2014 No. 12 ss 73 – 74 )\nom 2015 No. 21 s 47","sortOrder":156},{"sectionNumber":"sec.109","sectionType":"section","heading":null,"content":"### Section sec.109\n\ns 109 om 2015 No. 21 s 47","sortOrder":157},{"sectionNumber":"sec.110","sectionType":"section","heading":null,"content":"### Section sec.110\n\ns 110 om 2015 No. 21 s 47","sortOrder":158},{"sectionNumber":"sec.111","sectionType":"section","heading":null,"content":"### Section sec.111\n\ns 111 om 2015 No. 21 s 47","sortOrder":159},{"sectionNumber":"sec.112","sectionType":"section","heading":null,"content":"### Section sec.112\n\ns 112 om 2015 No. 21 s 47","sortOrder":160},{"sectionNumber":"pt.11","sectionType":"part","heading":"Miscellaneous","content":"# Miscellaneous","sortOrder":161},{"sectionNumber":"sec.113","sectionType":"section","heading":"Confidentiality of other information","content":"### sec.113 Confidentiality of other information\n\nThis section applies to confidential information other than information mentioned in section 66 (1) .\nIf a person gains confidential information through involvement in this Act’s administration, the person must not disclose the information to anyone, other than under subsection (4) .\nMaximum penalty—100 penalty units.\nA person gains information through involvement in this Act’s administration if the person gains the information because of being, or an opportunity given by being—\nthe chief executive; or\nan authorised officer; or\nan employee in the department; or\na member of an advisory committee.\nA person may disclose confidential information to someone else—\nfor administering, monitoring or enforcing compliance with this Act; or\nto discharge a function under another law; or\nfor a proceeding in a court or tribunal; or\nif authorised under another law or a regulation made under this Act; or\nif the person is authorised in writing by the person to whom the confidential information relates; or\nto protect the following from abuse, neglect or exploitation—\na person with a disability;\nan animal.\nHowever, subsection (4) (e) does not apply unless the person to whom the confidential information relates is an adult when the authorisation is given.\n(sec.113-ssec.1) This section applies to confidential information other than information mentioned in section 66 (1) .\n(sec.113-ssec.2) If a person gains confidential information through involvement in this Act’s administration, the person must not disclose the information to anyone, other than under subsection (4) . Maximum penalty—100 penalty units.\n(sec.113-ssec.3) A person gains information through involvement in this Act’s administration if the person gains the information because of being, or an opportunity given by being— the chief executive; or an authorised officer; or an employee in the department; or a member of an advisory committee.\n(sec.113-ssec.4) A person may disclose confidential information to someone else— for administering, monitoring or enforcing compliance with this Act; or to discharge a function under another law; or for a proceeding in a court or tribunal; or if authorised under another law or a regulation made under this Act; or if the person is authorised in writing by the person to whom the confidential information relates; or to protect the following from abuse, neglect or exploitation— a person with a disability; an animal.\n(sec.113-ssec.5) However, subsection (4) (e) does not apply unless the person to whom the confidential information relates is an adult when the authorisation is given.\n- (a) the chief executive; or\n- (b) an authorised officer; or\n- (c) an employee in the department; or\n- (d) a member of an advisory committee.\n- (a) for administering, monitoring or enforcing compliance with this Act; or\n- (b) to discharge a function under another law; or\n- (c) for a proceeding in a court or tribunal; or\n- (d) if authorised under another law or a regulation made under this Act; or\n- (e) if the person is authorised in writing by the person to whom the confidential information relates; or\n- (f) to protect the following from abuse, neglect or exploitation— (i) a person with a disability; (ii) an animal.\n- (i) a person with a disability;\n- (ii) an animal.\n- (i) a person with a disability;\n- (ii) an animal.","sortOrder":162},{"sectionNumber":"sec.114","sectionType":"section","heading":"Delegation by chief executive","content":"### sec.114 Delegation by chief executive\n\nThe chief executive may delegate the chief executive’s powers under this Act to an appropriately qualified public service employee.\ns 114 sub 2015 No. 21 s 48\n(sec.114-ssec) The chief executive may delegate the chief executive’s powers under this Act to an appropriately qualified public service employee. s 114 sub 2015 No. 21 s 48","sortOrder":163},{"sectionNumber":"sec.115","sectionType":"section","heading":"Protection from liability","content":"### sec.115 Protection from liability\n\nAn official, or a person acting under the direction of an official, is not civilly liable for an act done, or omission made, honestly and without negligence under this Act.\nIf subsection (1) prevents a civil liability attaching to an official or other person, the liability attaches instead to the State.\nIn this section—\nofficial means—\nthe chief executive; or\nan authorised officer; or\na public service employee.\ns 115 amd 2015 No. 21 s 49\n(sec.115-ssec.1) An official, or a person acting under the direction of an official, is not civilly liable for an act done, or omission made, honestly and without negligence under this Act.\n(sec.115-ssec.2) If subsection (1) prevents a civil liability attaching to an official or other person, the liability attaches instead to the State.\n(sec.115-ssec.3) In this section— official means— the chief executive; or an authorised officer; or a public service employee. s 115 amd 2015 No. 21 s 49\n- (a) the chief executive; or\n- (b) an authorised officer; or\n- (c) a public service employee.","sortOrder":164},{"sectionNumber":"sec.116","sectionType":"section","heading":"Service of documents","content":"### sec.116 Service of documents\n\nIf a document is required or permitted under this Act to be given to a person, the document may be given to the person by facsimile transmission directed and sent to—\nthe last transmission number given to the giver of the document by the person as the facsimile transmission number for service of documents on the person; or\nthe facsimile transmission number operated—\nat the address of the person last known to the giver of the document; or\nif the person is a corporation, at the corporation’s registered office under the Corporations Act .\nA document given under subsection (1) is taken to have been given on the day the document is transmitted.\nThis section does not limit any other means of giving documents authorised or permitted by law including, for example, under the Acts Interpretation Act 1954 , part 10 .\n(sec.116-ssec.1) If a document is required or permitted under this Act to be given to a person, the document may be given to the person by facsimile transmission directed and sent to— the last transmission number given to the giver of the document by the person as the facsimile transmission number for service of documents on the person; or the facsimile transmission number operated— at the address of the person last known to the giver of the document; or if the person is a corporation, at the corporation’s registered office under the Corporations Act .\n(sec.116-ssec.2) A document given under subsection (1) is taken to have been given on the day the document is transmitted.\n(sec.116-ssec.3) This section does not limit any other means of giving documents authorised or permitted by law including, for example, under the Acts Interpretation Act 1954 , part 10 .\n- (a) the last transmission number given to the giver of the document by the person as the facsimile transmission number for service of documents on the person; or\n- (b) the facsimile transmission number operated— (i) at the address of the person last known to the giver of the document; or (ii) if the person is a corporation, at the corporation’s registered office under the Corporations Act .\n- (i) at the address of the person last known to the giver of the document; or\n- (ii) if the person is a corporation, at the corporation’s registered office under the Corporations Act .\n- (i) at the address of the person last known to the giver of the document; or\n- (ii) if the person is a corporation, at the corporation’s registered office under the Corporations Act .","sortOrder":165},{"sectionNumber":"sec.117","sectionType":"section","heading":"Approval of forms","content":"### sec.117 Approval of forms\n\nThe chief executive may approve forms for use under this Act.","sortOrder":166},{"sectionNumber":"sec.118","sectionType":"section","heading":"Regulation-making power","content":"### sec.118 Regulation-making power\n\nThe Governor in Council may make regulations under this Act.\nA regulation may be made about the fees, including the waiving or refunding of fees, payable under this Act.\n(sec.118-ssec.1) The Governor in Council may make regulations under this Act.\n(sec.118-ssec.2) A regulation may be made about the fees, including the waiving or refunding of fees, payable under this Act.","sortOrder":167},{"sectionNumber":"pt.12","sectionType":"part","heading":"Repeal and transitional provisions","content":"# Repeal and transitional provisions","sortOrder":168},{"sectionNumber":"pt.12-div.1","sectionType":"division","heading":"Repeal","content":"## Repeal","sortOrder":169},{"sectionNumber":"sec.119","sectionType":"section","heading":"Repeal of Guide Dogs Act 1972","content":"### sec.119 Repeal of Guide Dogs Act 1972\n\nThe Guide Dogs Act 1972 No. 8 is repealed.","sortOrder":170},{"sectionNumber":"sec.120","sectionType":"section","heading":"Repeal of Legacy Trust Fund Act 2001","content":"### sec.120 Repeal of Legacy Trust Fund Act 2001\n\nThe Legacy Trust Fund Act 2001 No. 48 is repealed.","sortOrder":171},{"sectionNumber":"pt.12-div.2","sectionType":"division","heading":"Transitional provisions for Act No. 4 of 2009","content":"## Transitional provisions for Act No. 4 of 2009","sortOrder":172},{"sectionNumber":"sec.121","sectionType":"section","heading":"Definitions for div 2","content":"### sec.121 Definitions for div 2\n\nIn this division—\ncommencement day means the day this section commences.\nrepealed Act means the Guide Dogs Act 1972 .","sortOrder":173},{"sectionNumber":"sec.122","sectionType":"section","heading":"Certain institutions taken to be approved training institutions","content":"### sec.122 Certain institutions taken to be approved training institutions\n\nThe following entities are approved as approved training institutions—\nAssociation for the Blind of Western Australia;\nGuide Dogs Queensland;\nGuide Dogs Victoria;\nGuide Dog Associations of SA and NT Inc.;\nLions Hearing Dogs Incorporated;\nRoyal Guide Dogs for the Blind Association of Tasmania (trading as Guide Dogs Tasmania);\nSeeing Eye Dogs Australia.\nThis section does not limit the application of this Act to an approved training institution approved under this section including, for example, a provision about cancelling the approval of the institution.\n(sec.122-ssec.1) The following entities are approved as approved training institutions— Association for the Blind of Western Australia; Guide Dogs Queensland; Guide Dogs Victoria; Guide Dog Associations of SA and NT Inc.; Lions Hearing Dogs Incorporated; Royal Guide Dogs for the Blind Association of Tasmania (trading as Guide Dogs Tasmania); Seeing Eye Dogs Australia.\n(sec.122-ssec.2) This section does not limit the application of this Act to an approved training institution approved under this section including, for example, a provision about cancelling the approval of the institution.\n- (a) Association for the Blind of Western Australia;\n- (b) Guide Dogs Queensland;\n- (c) Guide Dogs Victoria;\n- (d) Guide Dog Associations of SA and NT Inc.;\n- (e) Lions Hearing Dogs Incorporated;\n- (f) Royal Guide Dogs for the Blind Association of Tasmania (trading as Guide Dogs Tasmania);\n- (g) Seeing Eye Dogs Australia.","sortOrder":174},{"sectionNumber":"sec.123","sectionType":"section","heading":"Certain guide or hearing dogs may be certified","content":"### sec.123 Certain guide or hearing dogs may be certified\n\nDespite section 36, an entity mentioned in section 122(1) may certify a guide dog for a person with a disability if, before the commencement day, the dog was trained by the entity to be used as a guide for a person with a disability that is attributable to a vision impairment.\nDespite section 37, an entity mentioned in section 122(1) may certify a hearing dog for a person with a disability if, before the commencement day, the dog was trained by the entity to be used as an aid for a person with a disability that is attributable to a hearing impairment.\nAn entity may not certify a dog under this section after 1 July 2010.\nTo remove any doubt, it is declared that a certification under this section does not end on 1 July 2010 only because of subsection (3).\n(sec.123-ssec.1) Despite section 36, an entity mentioned in section 122(1) may certify a guide dog for a person with a disability if, before the commencement day, the dog was trained by the entity to be used as a guide for a person with a disability that is attributable to a vision impairment.\n(sec.123-ssec.2) Despite section 37, an entity mentioned in section 122(1) may certify a hearing dog for a person with a disability if, before the commencement day, the dog was trained by the entity to be used as an aid for a person with a disability that is attributable to a hearing impairment.\n(sec.123-ssec.3) An entity may not certify a dog under this section after 1 July 2010.\n(sec.123-ssec.4) To remove any doubt, it is declared that a certification under this section does not end on 1 July 2010 only because of subsection (3).","sortOrder":175},{"sectionNumber":"pt.12-div.3","sectionType":"division","heading":"Transitional provisions for Guide, Hearing and Assistance Dogs Amendment Act 2015","content":"## Transitional provisions for Guide, Hearing and Assistance Dogs Amendment Act 2015","sortOrder":176},{"sectionNumber":"sec.124","sectionType":"section","heading":"Applications to chief executive for handler’s identity card","content":"### sec.124 Applications to chief executive for handler’s identity card\n\nThis section applies to an application for a handler’s identity card made under the unamended Act, section 41 but not decided before the commencement.\nThe application must be dealt with under the unamended Act.\nDespite subsection (2), the day of expiry for a handler’s identity card issued on the application must not be more than 3 years after the day the card is issued.\nIn this section—\nunamended Act means this Act as in force before the commencement.\ns 124 ins 2015 No. 21 s 51\n(sec.124-ssec.1) This section applies to an application for a handler’s identity card made under the unamended Act, section 41 but not decided before the commencement.\n(sec.124-ssec.2) The application must be dealt with under the unamended Act.\n(sec.124-ssec.3) Despite subsection (2), the day of expiry for a handler’s identity card issued on the application must not be more than 3 years after the day the card is issued.\n(sec.124-ssec.4) In this section— unamended Act means this Act as in force before the commencement.","sortOrder":177},{"sectionNumber":"sec.125","sectionType":"section","heading":"Term of current handler’s identity cards","content":"### sec.125 Term of current handler’s identity cards\n\nDespite section 44 as in force after the commencement, the day of expiry of a handler’s identity card that is in effect immediately before the commencement is the day of expiry stated on the card.\ns 125 ins 2015 No. 21 s 51\n(sec.125-ssec) Despite section 44 as in force after the commencement, the day of expiry of a handler’s identity card that is in effect immediately before the commencement is the day of expiry stated on the card.","sortOrder":178}],"analysis":{"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"},"summary":{"complexity_score":6,"scope_assessment":{"changed":true,"description":"The original 2009 Act focused primarily on protecting access rights for people with disabilities and their dogs. Subsequent amendments (notably in 2013 and 2015) expanded the scope significantly by adding the concept of 'alternative handlers' (allowing carers or parents to also access rights), introducing formal handler identity card categories (primary and alternative), adding puppy carers to the list of protected persons, and extending obligations on accommodation providers. The 2015 amendments also removed the need for a separate public register and streamlined some processes. Overall the Act became more complex and broader in who it protects and how the identification system operates."},"complexity_factors":["Multiple categories of actors with different rights and obligations (primary handlers, alternative handlers, approved trainers, employee trainers, puppy carers, training institutions)","Tiered identity card system with different eligibility rules, forms, and processes for each type of card","Distinction between different dog types (guide, hearing, assistance, trainee support) with separate certification rules for each","Approval and review framework for trainers and institutions with multiple grounds for suspension and cancellation, show cause processes, and appeal rights","Interplay with other legislation including the Anti-Discrimination Act 1991 and Disability Discrimination Act 1992 (Cwlth), creating overlapping legal remedies","Multiple amendments (2013, 2015, 2024) have added complexity through inserted, substituted and omitted provisions","Regulatory delegation — significant detail (prescribed requirements, forms, fees, dog coat standards) left to regulations not included in the Act itself","Exceptions and carve-outs to access rights require careful reading to understand where rights do and don't apply"],"plain_english_summary":"## Guide, Hearing and Assistance Dogs Act 2009 (Queensland)\n\n### What is this law about?\nThis Queensland law protects the rights of people with disabilities to be accompanied by their guide, hearing, or assistance dogs in public. It also sets up a system to ensure these dogs are properly trained and certified.\n\n### Who does this affect?\n\n**People with disabilities** who rely on a trained dog to help them navigate daily life — for example, a blind person using a guide dog, a deaf person using a hearing dog, or someone with a physical disability using an assistance dog.\n\n**Businesses and property owners** — including hotels, landlords, taxi drivers, shop owners, and anyone else who controls access to a place or service. These people are legally required to allow properly identified assistance dogs in.\n\n**Dog trainers and training organisations** — individuals and companies that train guide, hearing, or assistance dogs must be officially approved and meet ongoing standards.\n\n### What rights does it create?\n\n- ✅ A person with a disability **cannot be refused entry** to a public place, transport (bus, taxi, ferry, plane, train), or accommodation simply because they have an assistance dog with them.\n- ✅ They **cannot be charged extra** for having a dog, or be forced to stay in a separate area from their dog.\n- ✅ **Trainers and puppy carers** also have the right to take dogs-in-training into public places.\n- ✅ An **\"alternative handler\"** (like a parent of a child with a disability, or a carer) can also accompany the primary handler and their dog.\n\n### What are the rules for businesses?\nA person running a hotel, shop, taxi, or other public service who **refuses entry or service** to someone with a certified assistance dog can face a fine of up to **100 penalty units** (a significant financial penalty). There are limited exceptions — such as areas where food is prepared, certain hospital areas, and ambulances.\n\n### How are dogs identified?\nTo use these rights, the handler must show an **identity card** (with a photo of themselves and their dog) and the dog must wear a **harness or identifying coat**. Cards are issued by approved trainers, last up to 3 years, and can be suspended or cancelled if the dog poses a risk or the situation changes.\n\n### How are trainers approved?\nTrainers must apply to the government chief executive, undergo criminal history checks, and demonstrate they can train safe, effective dogs. Approvals are reviewed every 3 years. Trainers can lose approval for serious breaches, like falsely certifying a dog that hasn't passed its safety test.\n\n### What places are exempt?\nThe law doesn't apply everywhere — areas where food is prepared, ambulances, certain hospital spaces, and places specifically exempted by regulation are excluded."},"flash_summary":{"complexity_score":7,"scope_assessment":{"changed":true,"description":"Compared with the prior regime that the Act replaces (the Guide Dogs Act 1972 is repealed, s 119), this Act broadens and formalises the regulatory architecture. The scope is expanded to cover guide, hearing and assistance dogs (title and ss 3, 36–38), to create a formal approval and review regime for trainers and training institutions (pt 3; ss 15–23), to require criminal-history screening and disclosures for trainers and employee trainers (pt 6; ss 59–64), and to establish identity cards and identification procedures for primary and alternative handlers, trainers and puppy carers (pt 5; ss 12, 40–45A). The Act also creates detailed enforcement powers for authorised officers including warrants and entry powers (pt 8; ss 83–84B), and gives the chief executive broad administrative discretion and procedural safeguards (ss 17, 25–29, 63). Transitional provisions deem existing organisations approved for continuity (s 122). These textual elements indicate an expanded administrative and enforcement scope relative to the replaced statute, with new obligations on trainers, institutions and handlers and new powers for the department."},"complexity_factors":["Multiple interlocking regulatory tracks: approvals for individual trainers and institutions, periodic reviews, identity-card systems for primary and alternative handlers, trainers, employee trainers and puppy carers (pt 3; pt 5).","Wide administrative discretion vested in the chief executive to approve, impose conditions, suspend or cancel and to consult on decisions (s 17; ss 25–29; s 16).","Criminal-history screening regime with disclosure obligations, police reporting, confidentiality rules and required procedural steps before using information (pt 6; ss 59–66).","Detailed certification requirements for dogs including public access tests, health and breed conditions, and tight timing for tests before certification (pt 4; ss 35–38).","Robust enforcement powers for authorised officers including entry (consent and warrant routes), inspection, compelled assistance and document seizure/copying, plus criminal penalties for obstruction and false statements (pt 8; ss 83–92; ss 95–97).","Regulation-making power able to prescribe requirements, fees, identifying-coat standards and record formats, which delegates substantial detail to secondary instruments (s 31; s 118).","Layered procedural protections and review paths (show-cause periods, internal chief executive review and tribunal review under QCAT Act), producing complex administrative timelines (ss 27, 48, 69–72).","Transitional provisions and historical continuity (repeal of Guide Dogs Act 1972 and deemed approvals for certain institutions) creating legacy compliance and grandfathering issues (ss 119, 122–125)."],"plain_english_summary":"# What this law does, who it affects, and how it works\n\nThis Act sets rules for certified guide, hearing and assistance dogs, the people who rely on them, and the organisations that train them. Its stated purpose is to help people with disability who rely on these dogs access the community and to ensure training services meet quality and accountability standards (s 3).\n\nMechanically, the Act does three main things:\n\n- Confers a right to be accompanied by a certified dog in most accommodation, public places and public passenger vehicles (s 8, 8A, 9). It also says that taking a certified dog into those places is not itself an offence (s 8(2), 8A(2), 9(2)). Exceptions and narrowly framed exclusions (for health facilities listed in schedule 1, ambulances, food-preparation areas, or other regulatory exclusions) are set out (s 7).\n\n- Creates an approval and certification system for trainers and training institutions. People and organisations must apply to the chief executive for approval to train and certify dogs (pt 3; application details at s 15). The chief executive decides suitability, may impose conditions, and must review approvals periodically (s 17, s 21). Regulations may prescribe detailed requirements about training methods, record-keeping, insurance and accreditation (s 31).\n\n- Controls identification, certification and identity cards. Dogs must pass a public access test before certification (s 35, ss 36–38). Handlers, alternative handlers, trainers and puppy carers require identity cards and must follow an identification procedure (s 12, pt 5). Approved trainers issue handler identity cards subject to eligibility rules (ss 40–42). Identity cards have limited terms, may be suspended or cancelled for stated grounds, and there are procedural protections such as show-cause notices (ss 44–51, 46–49).\n\nOther operational mechanics and enforcement:\n\n- Criminal-history screening and disclosure obligations are required for approved trainers and employee trainers; the chief executive may obtain police reports and must give affected persons an opportunity to respond before using the information (pt 6; ss 59–64). Guidelines must be made about handling that information (s 65).\n\n- Authorised officers have investigatory powers: to enter (by consent or warrant), inspect documents, require information, copy records and compel assistance. There are offence and penalty provisions for refusal, false statements, obstruction and improper disclosure (pt 8; ss 83–92; ss 95–97). Some protection for individual rights is included (e.g. warnings about self-incrimination, minimum show-cause periods and review rights) (ss 63, 27, 48, 69–72).\n\n- Review and appeal paths exist: decisions by the chief executive and by approved trainers/institutions are reviewable internally (chief executive review) and then by the tribunal as provided in the QCAT Act (pt 7; ss 68–72).\n\nWho pays and who decides\n\n- The chief executive (an administrative officer in the department) makes licensing, approval, suspension and cancellation decisions and exercises substantial discretion (s 17, s 26, ss 27–29). The chief executive also issues authorised-officer and trainer identity cards (ss 52, 78).\n\n- Costs fall mainly on trainers and training institutions (application fees where prescribed, criminal-history checks, ongoing record-keeping, insurance, accreditation and compliance with any prescribed training standards — s 15, s 31, s 32, s 118). Approved trainers may also bear operational costs of issuing and recording handler identity cards (ss 42, 45A).\n\n- People with disability who rely on certified dogs do not pay the State under the Act itself for the right to be accompanied, but they must comply with the identification procedure (s 12) and meet eligibility requirements for primary or alternative handler identity cards (ss 40–41).\n\nIncentives, compliance burden and discretion\n\n- Incentives: trainers have a clear incentive to maintain training standards, records and staff suitability to keep approval and avoid suspension or cancellation (s 25, s 31). Approved trainers have authority to issue handler cards, giving them gatekeeping power (s 42).\n\n- Compliance burden: trainers and institutions must provide documentation for approval and reviews, keep records of identity cards, disclose criminal histories for themselves and employee trainers, and comply with any regulations about service delivery, records, policies and insurance (ss 15, 21, 31, 45A, 59–61). Businesses and operators of accommodation/public places must train staff to follow the identification procedure and cannot lawfully impose extra charges or separate a handler from a dog (s 12A, s 13).\n\n- Bureaucratic discretion and safeguards: the chief executive has broad powers to approve, condition, suspend and cancel approvals and identity cards (s 17; ss 25–29; ss 46–49). Procedural safeguards include minimum show-cause periods (21–28 days depending on the decision) and review rights (ss 27, 48, 69–71). The Act also requires disclosure to affected persons of police-obtained information and an opportunity to respond (s 63). Regulations may add detailed requirements and fees (s 31, s 118), which increases administrative discretion.\n\nCosts, trade-offs and implementation risks (mechanistic, source-based)\n\n- Concentrated benefits: handlers and organisations that train dogs (approved trainers) obtain legally protected access and an identifiable certification system (s 3, s 12). Those benefits are concentrated on identified groups.\n\n- Diffuse costs: training institutions and public-facing businesses shoulder record-keeping, compliance, and potential legal exposure (s 12A, s 13, s 31). Where regulations prescribe insurance or accreditation, those are recurring costs (s 31).\n\n- Enforcement and compliance risk: authorised-officer powers to enter, seize copies and require information are broad (ss 83–91). This creates implementation risks for trainers and institutions in meeting document-production and disclosure obligations; failure may lead to suspension or cancellation (ss 25, 92).\n\n- Potential for substitution effects: trainers must meet specific certification steps (public access test, desexing, vaccination, and not being breed-prohibited) before certifying dogs (ss 35–38). That creates operational practices trainers must follow and may restrict which dogs are used (ss 36–38).\n\nHow the Act achieves its stated objects (source claim and testing it)\n\n- The Act explicitly claims to secure community access for people with disability and ensure training quality (s 3). It establishes legal access rights (pt 2), an approval and review regime for trainers (pt 3), and certification and ID systems (pt 4–5) to achieve those objects. The trade-offs visible in the text are administrative and compliance costs for trainers and institutions, regulatory discretion concentrated in the chief executive and authorised officers, and penalties to enforce compliance (ss 17, 25–29, 83–97). The Act creates mechanisms that incentivise trainers to meet standards (s 31) while providing procedural protections for affected persons (show-cause periods, rights to review — ss 27, 48, 69–72)."},"kimi_summary":{"_metrics":{"completionTokens":708},"content_quality":"ok","complexity_score":6,"scope_assessment":{"changed":true,"description":"The legislation has expanded significantly from its original 2009 scope. The 2013 and 2015 amendments introduced: (1) alternative handlers for people who cannot physically control dogs themselves; (2) assistance dogs for disabilities beyond vision/hearing impairments; (3) trainee support dogs; (4) enhanced enforcement powers including warrant provisions; and (5) more detailed administrative processes. The 2024 amendments updated certification requirements. The Act now covers a broader range of disabilities and dog types than originally intended."},"complexity_factors":["Multiple overlapping categories of handlers (primary, alternative, approved trainers, employee trainers, puppy carers) with different rights and obligations","Nested definitions and cross-references between Parts 2-6 (e.g., 'accompanied handler' definition in s.6 used throughout Part 2)","Three-tiered review system: internal review by chief executive, then QCAT tribunal review, plus show-cause processes for cancellations","Extensive criminal history screening requirements with disclosure obligations and police reporting (Part 6)","Multiple amendment references (2013, 2015, 2024) showing evolving legislative framework","Conditional logic in offence provisions with 'reasonable excuse' defences and specific exceptions (e.g., food preparation areas)","Transitional provisions preserving pre-existing certifications and grandfathering approved institutions"],"plain_english_summary":"**What this law does:**\n\nThis Queensland law protects the rights of people with disabilities to be accompanied by their guide, hearing, or assistance dogs in public places, accommodation, and public transport. It also sets up a system to ensure these dogs are properly trained and certified.\n\n**Who it affects:**\n\n- **People with disabilities** who rely on guide, hearing, or assistance dogs\n- **Alternative handlers** (like parents or carers who help control the dog)\n- **Dog trainers and training organisations** who want to become approved\n- **Business owners and service providers** who must allow these dogs on their premises\n- **Landlords and accommodation providers** who cannot refuse tenants with assistance dogs\n\n**Key protections:**\n\n- People with certified assistance dogs **cannot be refused entry** to public places, public transport, or accommodation simply because they have a dog\n- Landlords **cannot charge extra fees** or **separate people from their dogs** in accommodation\n- Trainers and puppy carers also have the right to take dogs-in-training into public places\n\n**How dogs get certified:**\n\nOnly **approved trainers** can certify dogs. To become approved, trainers must:\n- Show they can train reliable, safe dogs\n- Pass criminal history checks\n- Meet ongoing requirements and 3-yearly reviews\n\nDogs must pass a **public access test** and meet health requirements (desexed, vaccinated, not dangerous breeds).\n\n**Identification system:**\n\nHandlers must carry an **identity card** and dogs must wear identifying coats or harnesses. This helps businesses know the dog is legitimate.\n\n**Enforcement:**\n\nAuthorised officers can inspect training facilities, investigate complaints, and issue penalties for offences (up to 100 penalty units for serious breaches)."}},"importantCases":[],"_links":{"self":"/api/acts/guide-hearing-and-assistance-dogs-act-2009","history":"/api/acts/guide-hearing-and-assistance-dogs-act-2009/history","analysis":"/api/acts/guide-hearing-and-assistance-dogs-act-2009/analysis","conflicts":"/api/acts/guide-hearing-and-assistance-dogs-act-2009/conflicts","importantCases":"/api/acts/guide-hearing-and-assistance-dogs-act-2009/important-cases","documents":"/api/acts/guide-hearing-and-assistance-dogs-act-2009/documents"}}