This Act creates a certification system for guide, hearing and assistance dogs, sets training and identity-card rules, and grants people with disability a right to be accompanied by certified dogs in most public places. It regulates and audits trainers, requires criminal-history checks and record-keeping, and gives enforcement powers to officials.
It matters because it secures legal access for handlers while imposing compliance costs and discretionary control on trainers, institutions and venue operators.
This Act creates a statutory framework for (a) the rights of people with disability and certain trainers to be accompanied by certified guide, hearing and assistance dogs in places of accommodation, public places and public passenger vehicles; (b) the approval, monitoring and discipline of persons and bodies who train those dogs; and (c) a system of certification and identity cards that identify properly trained dogs and their handlers. The Act is declared to have those objects expressly (s 3).
Mechanically, the Act does the following.
Gives an overriding right, “despite any other Act”, for a person with a disability who relies on a certified guide, hearing or assistance dog to be accompanied by that dog in places of accommodation, public places and public passenger vehicles (s 8). Parallel rights are granted to alternative handlers (s 8A) and to approved trainers, employee trainers and puppy carers while accompanied by the relevant dogs (s 9).
Defines the identification procedure handlers must follow (display or produce an identity card plus the dog wearing prescribed harness or identifying coat) (s 12). Failure to comply with the identification procedure is itself relevant to enforcement (s 12(3)).
Imposes prohibitions on persons exercising control of accommodation, public places and public passenger vehicles, preventing refusal of entry or service to an accompanied handler who is complying with the identification procedure, and barring accommodation providers from imposing extra charges or separation terms because a certified dog is present (ss 12A, 13).
Provides a statutory approval regime for trainers and training institutions (part 3). Applications must be in approved form, accompanied by evidence of suitability and consents to criminal history checks where required (s 15). The chief executive decides approvals and may impose conditions (s 17). Approvals are reviewed at intervals not exceeding three years (s 21).
Current sections
Direct links to the current provisions in Guide, Hearing and Assistance Dogs Act 2009.
179
pt.1
Preliminary
Preliminary
pt.1-div.1
Introduction
Introduction
sec.1
Short title
sec.1 Short title
This Act may be cited as the Guide, Hearing and Assistance Dogs Act 2009 .
sec.2
Commencement
sec.2 Commencement
This Act commences on a day to be fixed by proclamation.
sec.3
Objects of Act
sec.3 Objects of Act
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.
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.
s 3 amd 2013 No. 58 s 34
(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.
(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.
(a) to assist people with a disability who rely on guide, hearing or assistance dogs to have independent access to the community; and
(b) to ensure the quality and accountability of guide, hearing and assistance dog training services.
(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
(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
(c) providing a simple and consistent means of identifying properly trained guide, hearing and assistance dogs; and
(d) providing for the approval of guide, hearing and assistance dog training services.
pt.1-div.2
Interpretation
Interpretation
sec.4
Dictionary
sec.4 Dictionary
The dictionary in schedule 4 defines particular words used in this Act.
sec.5
What is a disability
sec.5 What is a disability
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.
The disability may be, but need not be, of a chronic episodic nature.
(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.
(sec.5-ssec.2) The disability may be, but need not be, of a chronic episodic nature.
(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
(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
(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.
(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.
(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
(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.
pt.2
Guide, hearing and assistance dogs in places of accommodation, public places and public passenger vehicles
Guide, hearing and assistance dogs in places of accommodation, public places and public passenger vehicles
pt.2-div.1
Preliminary
Preliminary
sec.6
Definitions for pt 2
sec.6 Definitions for pt 2
In this part—
accompanied handler means—
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
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
an approved trainer, employee trainer or puppy carer who is accompanied by a guide, hearing, assistance or trainee support dog.
s 6 def accompanied handler ins 2013 No. 58 s 36
amd 2015 No. 21 s 4 (2) – (3)
certified guide, hearing or assistance dog ...
s 6 def certified guide, hearing or assistance dog ins 2013 No. 58 s 36
om 2015 No. 21 s 4 (1)
place of accommodation includes the following—
a house or flat;
a hotel or motel;
a boarding house or hostel;
a caravan or caravan site;
a manufactured home under the Manufactured Homes (Residential Parks) Act 2003 ;
a site within the meaning of the Manufactured Homes (Residential Parks) Act 2003 , section 13 ;
a camping site.
s 6 def place of accommodation ins 2013 No. 58 s 36
public passenger vehicle means a vehicle used to transport members of the public.
bus, ferry, plane, taxi or train
public place ...
s 6 def public place om 2015 No. 21 s 4 (4)
term includes a condition, requirement or practice, whether or not written.
s 6 def term ins 2013 No. 58 s 36
(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
(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
(c) an approved trainer, employee trainer or puppy carer who is accompanied by a guide, hearing, assistance or trainee support dog.
(a) a house or flat;
(b) a hotel or motel;
(c) a boarding house or hostel;
(d) a caravan or caravan site;
(e) a manufactured home under the Manufactured Homes (Residential Parks) Act 2003 ;
(f) a site within the meaning of the Manufactured Homes (Residential Parks) Act 2003 , section 13 ;
(g) a camping site.
sec.7
Public places and public passenger vehicles to which this part applies
sec.7 Public places and public passenger vehicles to which this part applies
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.
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.
(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.
(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.
(a) a part of a health service facility mentioned in schedule 1 ;
(b) an ambulance;
(c) a part of a public place or public passenger vehicle where food is ordinarily prepared;
(d) a public place or public passenger vehicle prescribed under a regulation for this section.
(a) a risk to the health or welfare of people ordinarily at the place or on the vehicle; or
(b) for a public place—a serious risk to a plant or animal native to the place.
pt.2-div.2
Right to be accompanied by a guide, hearing or assistance dog
Right to be accompanied by a guide, hearing or assistance dog
sec.8
People with a disability may be accompanied by their guide, hearing and assistance dogs
sec.8 People with a disability may be accompanied by their guide, hearing and assistance dogs
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.
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.
s 8 amd 2013 No. 58 s 37 ; 2015 No. 21 s 5
(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.
(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.
sec.8A
Alternative handler may be accompanied by primary handler and certified guide, hearing and assistance dog
sec.8A Alternative handler may be accompanied by primary handler and certified guide, hearing and assistance dog
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.
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.
s 8A ins 2015 No. 21 s 6
(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.
(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.
sec.9
Trainers and puppy carers may be accompanied by guide, hearing, assistance and trainee support dogs
sec.9 Trainers and puppy carers may be accompanied by guide, hearing, assistance and trainee support dogs
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.
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.
s 9 amd 2013 No. 58 s 38
(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.
(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.
sec.10
Lawful presence at a place or on a vehicle
sec.10 Lawful presence at a place or on a vehicle
To remove any doubt, it is declared that sections 8 , 8A and 9 do not—
affect the lawfulness of a particular person mentioned in section 8 , 8A or 9 being at a place or on a vehicle; or
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
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.
Section 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.
s 10 amd 2015 No. 21 s 7
(a) affect the lawfulness of a particular person mentioned in section 8 , 8A or 9 being at a place or on a vehicle; or
(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
(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.
pt.2-div.3
Obligations of persons exercising control of places of accommodation, public places and public passenger vehicles
Obligations of persons exercising control of places of accommodation, public places and public passenger vehicles
sec.11
Who is a person exercising control of a place of accommodation, public place or public passenger vehicle
sec.11 Who is a person exercising control of a place of accommodation, public place or public passenger vehicle
A 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—
access to, or permission to remain in, the place or vehicle; or
the delivery of a service in the place or vehicle.
s 11 amd 2013 No. 58 s 40
(a) access to, or permission to remain in, the place or vehicle; or
(b) the delivery of a service in the place or vehicle.
sec.12
Identification procedure for handlers and trainers
sec.12 Identification procedure for handlers and trainers
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.
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.
A person is taken not to comply with the identification procedure if the person’s identity card is suspended, cancelled or expired.
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.
s 12 amd 2013 No. 58 s 41 ; 2015 No. 21 s 8
(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.
(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.
(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.
(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.
(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
(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
(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.
(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.
(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
(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.
(a) identifies a dog as a guide, hearing, assistance or trainee support dog; and
(b) complies with the requirements prescribed under a regulation.
(a) for a person with a disability—a primary handler’s identity card; or
(b) for an alternative handler—an alternative handler’s identity card; or
(c) for an approved trainer, employee trainer or a puppy carer—a trainer’s identity card.
sec.12A
Obligations of persons exercising control of places of accommodation
sec.12A Obligations of persons exercising control of places of accommodation
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.
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.
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) .
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) .
s 12A ins 2013 No. 58 s 42
amd 2015 No. 21 s 9
(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.
(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.
(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) .
(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) .
(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
(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.
(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.
(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.
(a) in person at a place of accommodation or another place, makes a reservation or application for accommodation at the place of accommodation; or
(b) arrives at a place of accommodation to begin residing in the accommodation at the place.
sec.13
Obligations of persons exercising control of public places and public passenger vehicles
sec.13 Obligations of persons exercising control of public places and public passenger vehicles
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.
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) .
s 13 amd 2013 No. 58 s 43 ; 2015 No. 21 s 10
(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.
(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) .
(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
(b) refuse service in the place or vehicle to an accompanied handler who is complying with the identification procedure; or
(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.
(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
(b) for an offence against subsection (1) (c) —the person with a disability being accompanied by a guide, hearing or assistance dog.
pt.3
Trainers of guide, hearing and assistance dogs
Trainers of guide, hearing and assistance dogs
pt.3-div.1
Approval of trainers of guide, hearing and assistance dogs
Approval of trainers of guide, hearing and assistance dogs
sec.14
Who is suitable for approval
sec.14 Who is suitable for approval
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.
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.
(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.
(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.
(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
(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
(b) select dogs that are able to meet the individual needs of a person with a disability; and
(c) provide ongoing and regular support to the handlers of the guide, hearing or assistance dogs trained by the person.
(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
(a) for approval as an approved trainer—the person;
(b) for approval as an approved training institution—the employee trainers of the person.
sec.15
Application for approval
sec.15 Application for approval
An individual (the applicant ) may apply to the chief executive for approval in 1 or more categories of approved trainer.
A corporation (also the applicant ) may apply to the chief executive for approval in 1 or more categories of approved training institution.
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.
If requested by the chief executive, the applicant must provide other documents and information reasonably required by the chief executive to decide the application.
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.
(sec.15-ssec.1) An individual (the applicant ) may apply to the chief executive for approval in 1 or more categories of approved trainer.
(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.
(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.
(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.
(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.
(a) the documents or information on which the applicant relies to establish the applicant is suitable for approval;
(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;
(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;
(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;
(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;
(d) the fee, if any, prescribed under a regulation.
(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;
(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;
(a) guide dog trainer;
(b) hearing dog trainer;
(c) assistance dog trainer.
sec.16
Chief executive may consult about application for approval
sec.16 Chief executive may consult about application for approval
In considering and deciding the application, the chief executive may consult with any entity the chief executive considers appropriate.
s 16 sub 2015 No. 21 s 11
(sec.16-ssec) In considering and deciding the application, the chief executive may consult with any entity the chief executive considers appropriate.
sec.17
Decision on application for approval
sec.17 Decision on application for approval
To decide the application, the chief executive must consider any documents or information provided by the applicant under section 15 .
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.
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.
If the chief executive is satisfied that the applicant is suitable for approval, the chief executive must decide to grant the approval.
Also, the chief executive may impose conditions on the approval that the chief executive considers reasonable and relevant.
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.
s 17 amd 2015 No. 21 s 12
(sec.17-ssec.1) To decide the application, the chief executive must consider any documents or information provided by the applicant under section 15 .
(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.
(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.
(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.
(sec.17-ssec.5) Also, the chief executive may impose conditions on the approval that the chief executive considers reasonable and relevant.
(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.
(a) for an individual— (i) the applicant’s qualifications, knowledge or experience in dog obedience training; (ii) the applicant’s criminal history;
(i) the applicant’s qualifications, knowledge or experience in dog obedience training;
(ii) the applicant’s criminal history;
(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;
(i) the qualifications, knowledge or experience in dog obedience training of its employees;
(ii) the criminal history of each employee trainer;
(c) the training methods to be used by the applicant;
(d) another matter prescribed by regulation.
(i) the applicant’s qualifications, knowledge or experience in dog obedience training;
(ii) the applicant’s criminal history;
(i) the qualifications, knowledge or experience in dog obedience training of its employees;
(ii) the criminal history of each employee trainer;
(a) the applicant’s membership of an organisation that promotes standards of dog training;
(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.
sec.18
Notification of decision
sec.18 Notification of decision
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.
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.
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.
(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.
(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.
(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.
(a) immediately give the applicant a notice of the decision; and
(b) notify the name and category of the approved trainer or approved training institution in the gazette.
sec.19
Approval remains in force unless immediately suspended, cancelled or surrendered
sec.19 Approval remains in force unless immediately suspended, cancelled or surrendered
An approval as an approved trainer or approved training institution remains in force unless immediately suspended, cancelled or surrendered under this part.
pt.3-div.2
Review of approval
Review of approval
sec.20
Definitions for div 2
sec.20 Definitions for div 2
In this division—
institution means approved training institution.
trainer means approved trainer.
sec.21
Review of approval
sec.21 Review of approval
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.
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.
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.
In reviewing the approval, the chief executive may consult with any entity the chief executive considers appropriate.
s 21 amd 2015 No. 21 s 13
(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.
(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.
(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.
(sec.21-ssec.4) In reviewing the approval, the chief executive may consult with any entity the chief executive considers appropriate.
sec.22
Section sec.22
s 22 om 2015 No. 21 s 14
sec.23
Decision on review
sec.23 Decision on review
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.
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.
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.
s 23 amd 2015 No. 21 s 15
(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.
(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.
(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.
(a) for a trainer— (i) the trainer’s qualifications, knowledge or experience in dog obedience training; (ii) the trainer’s criminal history;
(i) the trainer’s qualifications, knowledge or experience in dog obedience training;
(ii) the trainer’s criminal history;
(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;
(i) the qualifications, knowledge or experience in dog obedience training of its employees;
(ii) the criminal history of each employee trainer;
(c) the training methods used or to be used by the trainer or institution;
(d) another matter prescribed by regulation.
(i) the trainer’s qualifications, knowledge or experience in dog obedience training;
(ii) the trainer’s criminal history;
(i) the qualifications, knowledge or experience in dog obedience training of its employees;
(ii) the criminal history of each employee trainer;
(a) the trainer’s or institution’s membership of an organisation that promotes standards of dog training;
(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;
(c) the trainer’s or institution’s history of compliance with the prescribed requirements;
(d) any complaints made to the chief executive about the trainer or institution.
pt.3-div.3
Immediate suspension, cancellation and voluntary surrender of approval
Immediate suspension, cancellation and voluntary surrender of approval
sec.24
Definitions for div 3
sec.24 Definitions for div 3
In this division—
show cause notice see section 27 (2) .
show cause period see section 27 (2) (d) .
sec.25
Grounds for immediate suspension or cancellation of approval
sec.25 Grounds for immediate suspension or cancellation of approval
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.
In this section—
unsuitable person means a person the chief executive has decided is unsuitable to work with animals or people with a disability.
(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.
(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.
(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.
• 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.
(b) the trainer or institution has contravened the prescribed requirements;
(c) the trainer or institution has contravened a provision of this Act;
(d) the institution employs an unsuitable person as an employee trainer;
(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;
(f) the approval was granted because of a materially false or misleading representation or declaration.
• 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.
sec.26
Immediate suspension of approval
sec.26 Immediate suspension of approval
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.
The information notice must also state the suspension period.
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.
(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.
(sec.26-ssec.2) The information notice must also state the suspension period.
(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.
(a) a ground exists for immediately suspending the approval; and
(b) it is necessary to immediately suspend the approval to prevent or control harm happening to a person or animal.
(a) may be for the period the chief executive decides but not more than 3 months; and
(b) has effect immediately when the notice is given.
sec.27
Show cause process
sec.27 Show cause process
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.
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.
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.
The chief executive must consider all written representations made in the show cause period by the approved trainer or approved training institution.
(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.
(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.
(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.
(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.
(a) the chief executive believes a ground exists to cancel the approval of an approved trainer or approved training institution; and
(b) the chief executive proposes to cancel the approval.
(a) the chief executive proposes to cancel the trainer’s or institution’s approval;
(b) the grounds for the proposed cancellation;
(c) an outline of the facts and circumstances forming the basis for the grounds;
(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.
sec.28
Ending show cause process without further action
sec.28 Ending show cause process without further action
If, after the show cause period, the chief executive no longer believes the ground exists to cancel the approval, the chief executive—
must not take further action about the show cause notice; and
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.
(a) must not take further action about the show cause notice; and
(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.
sec.29
Cancellation of approval
sec.29 Cancellation of approval
If, after the show cause period, the chief executive still believes cancellation is warranted, the chief executive may cancel the approval.
The chief executive must immediately give an information notice about the decision to the approved trainer or approved training institution.
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.
(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.
(sec.29-ssec.2) The chief executive must immediately give an information notice about the decision to the approved trainer or approved training institution.
(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.
(a) the day the information notice is given to the approved trainer or approved training institution;
(b) the day stated in the information notice for that purpose.
sec.30
Voluntary surrender of approval
sec.30 Voluntary surrender of approval
An approved trainer or approved training institution may surrender the trainer’s or institution’s approval by notice given to the chief executive.
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.
s 30 amd 2015 No. 21 s 16
(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.
(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.
(a) the day the notice is given to the chief executive;
(b) the day stated in the notice for that purpose.
pt.3-div.4
Prescribed requirements
Prescribed requirements
sec.31
Prescribed requirements
sec.31 Prescribed requirements
A regulation may prescribe requirements relating to the provision of a training service by an approved trainer or approved training institution.
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) .
(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.
(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) .
(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
(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
(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
(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
(c) preparing, maintaining, publishing or implementing a policy; or
(d) the insurance cover an approved trainer or approved training institution must ensure is in force; or
(e) maintaining accreditation on the basis of industry standards or other relevant standards.
(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
(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
pt.3-div.5
Other matters
Other matters
sec.32
Approved trainers and approved training institutions must give notice of change
sec.32 Approved trainers and approved training institutions must give notice of change
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) .
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.
s 32 amd 2015 No. 21 s 17
(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) .
(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.
(a) a change in the trainer’s or institution’s address;
(b) a matter prescribed under a regulation.
sec.33
Claims by persons about approval
sec.33 Claims by persons about approval
A 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.
Maximum penalty—100 penalty units.
pt.4
Certification of guide, hearing and assistance dogs
Certification of guide, hearing and assistance dogs
pt.4-div.1
Interpretation
Interpretation
sec.34
Definitions for pt 4
sec.34 Definitions for pt 4
In this part—
approved assistance dog trainer means an approved trainer or approved training institution approved in the category of assistance dog trainer.
approved guide dog trainer means an approved trainer or approved training institution approved in the category of guide dog trainer.
approved hearing dog trainer means an approved trainer or approved training institution approved in the category of hearing dog trainer.
sec.35
Public access test
sec.35 Public access test
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.
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>.
s 35 amd 2015 No. 21 s 18
(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.
(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>.
(a) safe and effective in a public place or public passenger vehicle; and
(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.
(i) the primary handler of the dog; or
(ii) the primary handler of the dog with the support of an alternative handler.
(i) the primary handler of the dog; or
(ii) the primary handler of the dog with the support of an alternative handler.
(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
(b) publish the public access test on the department’s website on the internet.
pt.4-div.2
Certification of guide, hearing and assistance dogs
Certification of guide, hearing and assistance dogs
sec.36
Certification of guide dogs
sec.36 Certification of guide dogs
An approved guide dog trainer may only certify a guide dog for a person with a disability if the dog—
is able to be used as a guide by a person with disability attributable to a vision impairment; and
has passed a public access test conducted by the following within 7 days before being certified—
for an approved trainer—the trainer;
for an approved training institution—an employee trainer of the institution; and
is not a dog of a breed prohibited from importation into Australia under the Customs Act 1901 (Cwlth) ; and
is desexed and vaccinated; and
has not been declared a dangerous dog under a local law.
s 36 amd 2024 No. 17 s 192 s ch 1 pt 2
(a) is able to be used as a guide by a person with disability attributable to a vision impairment; and
(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
(i) for an approved trainer—the trainer;
(ii) for an approved training institution—an employee trainer of the institution; and
(c) is not a dog of a breed prohibited from importation into Australia under the Customs Act 1901 (Cwlth) ; and
(d) is desexed and vaccinated; and
(e) has not been declared a dangerous dog under a local law.
(i) for an approved trainer—the trainer;
(ii) for an approved training institution—an employee trainer of the institution; and
sec.37
Certification of hearing dogs
sec.37 Certification of hearing dogs
An approved hearing dog trainer may only certify a hearing dog for a person with a disability if the dog—
is able to be used as an aid by a person with disability attributable to a hearing impairment; and
has passed a public access test conducted by the following within 7 days before being certified—
for an approved trainer—the trainer;
for an approved training institution—an employee trainer of the institution; and
is not a dog of a breed prohibited from importation into Australia under the Customs Act 1901 (Cwlth) ; and
is desexed and vaccinated; and
has not been declared a dangerous dog under a local law.
s 37 amd 2024 No. 17 s 192 s ch 1 pt 2
(a) is able to be used as an aid by a person with disability attributable to a hearing impairment; and
(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
(i) for an approved trainer—the trainer;
(ii) for an approved training institution—an employee trainer of the institution; and
(c) is not a dog of a breed prohibited from importation into Australia under the Customs Act 1901 (Cwlth) ; and
(d) is desexed and vaccinated; and
(e) has not been declared a dangerous dog under a local law.
(i) for an approved trainer—the trainer;
(ii) for an approved training institution—an employee trainer of the institution; and
sec.38
Certification of assistance dogs
sec.38 Certification of assistance dogs
An approved assistance dog trainer may only certify an assistance dog for a person with a disability if the dog—
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
has passed a public access test conducted by the following within 7 days before being certified—
for an approved trainer—the trainer;
for an approved training institution—an employee trainer of the institution; and
is not a dog of a breed prohibited from importation into Australia under the Customs Act 1901 (Cwlth) ; and
is desexed and vaccinated; and
has not been declared a dangerous dog under a local law.
s 38 amd 2024 No. 17 s 192 s ch 1 pt 2
(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
(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
(i) for an approved trainer—the trainer;
(ii) for an approved training institution—an employee trainer of the institution; and
(c) is not a dog of a breed prohibited from importation into Australia under the Customs Act 1901 (Cwlth) ; and
(d) is desexed and vaccinated; and
(e) has not been declared a dangerous dog under a local law.
(i) for an approved trainer—the trainer;
(ii) for an approved training institution—an employee trainer of the institution; and
sec.39
Approved trainer must not certify own dog
sec.39 Approved trainer must not certify own dog
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.
s 39 sub 2015 No. 21 s 19
(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.
pt.5
Identity cards for handlers, trainers and puppy carers
Identity cards for handlers, trainers and puppy carers
pt.5-div.1
Identity cards for handlers
Identity cards for handlers
sec.40
Eligibility for primary handler’s identity card
sec.40 Eligibility for primary handler’s identity card
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.
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.
s 40 amd 2015 No. 21 s 20
(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.
(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.
(a) the person reasonably requires the guide, hearing or assistance dog to reduce the person’s need for support; and
(b) the person is able to physically control the dog.
(a) the person satisfies the requirement mentioned in subsection (1) (a) ; and
(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.
sec.41
Eligibility for alternative handler’s identity card
sec.41 Eligibility for alternative handler’s identity card
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.
s 41 sub 2015 No. 21 s 21
(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.
(a) the primary handler relies on the person to physically control the dog; and
(b) the person is able to physically control the dog.
sec.42
Issue of handler’s identity card
sec.42 Issue of handler’s identity card
A person may ask an approved trainer or approved training institution to issue a handler’s identity card to the person.
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 .
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 .
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.
s 42 sub 2015 No. 21 s 21
(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.
(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 .
(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 .
(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.
(a) for a primary handler’s identity card— section 40 ; or
(b) for an alternative handler’s identity card— section 41 .
sec.43
Section sec.43
s 43 om 2015 No. 21 s 21
sec.44
Term of handler’s identity card
sec.44 Term of handler’s identity card
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.
The day of expiry for a handler’s identity card must not be more than 3 years after the day the card is issued.
s 44 amd 2015 No. 21 s 22
(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.
(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.
sec.45
Form of handler’s identity card
sec.45 Form of handler’s identity card
A handler’s identity card must—
contain a photo of the handler and the handler’s certified guide, hearing or assistance dog; and
comply with the requirements prescribed by regulation.
s 45 sub 2015 No. 21 s 23
(a) contain a photo of the handler and the handler’s certified guide, hearing or assistance dog; and
(b) comply with the requirements prescribed by regulation.
sec.45A
Record of handler’s identity cards
sec.45A Record of handler’s identity cards
An approved trainer or approved training institution must keep a record of all handler’s identity cards issued by the trainer or institution.
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.
s 45A ins 2015 No. 21 s 23
(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.
(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.
(a) the name of the person to whom the card was issued;
(b) a description of the handler’s dog;
(c) the day the card was issued;
(d) the day the card expires;
(e) any other information prescribed by regulation.
sec.46
Grounds for immediate suspension or cancellation of handler’s identity card
sec.46 Grounds for immediate suspension or cancellation of handler’s identity card
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.
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
(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.
(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
(a) the dog for which the card was issued is a risk to the health or welfare of the handler or someone else;
(b) the dog was certified because of a materially false or misleading representation or declaration;
(c) the identity card was issued because of a materially false or misleading representation or declaration;
(d) for a primary handler’s identity card—the handler no longer relies on the dog;
(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.
(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.
(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.
sec.47
Immediate suspension of handler’s identity card
sec.47 Immediate suspension of handler’s identity card
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.
The information notice must also state the suspension period.
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
(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.
(sec.47-ssec.2) The information notice must also state the suspension period.
(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
(a) a ground exists for immediately suspending the card; and
(b) it is necessary to immediately suspend the card to prevent or control harm happening to a person or animal.
(a) may be for the period the chief executive, approved trainer or approved training institution decides but not more than 3 months; and
(b) has effect immediately when the notice is given.
sec.48
Cancellation of handler’s identity card
sec.48 Cancellation of handler’s identity card
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.
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.
The show cause period must not be less than 28 days after the show cause notice is given to the handler.
The chief executive, approved trainer or approved training institution must consider all written representations given under subsection (2) (d) within the show cause period.
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.
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
(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.
(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.
(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.
(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.
(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.
(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
(a) that the chief executive, trainer or institution proposes to cancel the card;
(b) the grounds for the proposed cancellation;
(c) an outline of the facts and circumstances forming the basis for the grounds;
(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.
(a) the day the information notice is given to the handler;
(b) the day stated in the information notice for that purpose.
sec.49
Voluntary surrender of handler’s identity card
sec.49 Voluntary surrender of handler’s identity card
A handler may surrender the handler’s identity card by giving the card and notice of the surrender to the chief executive.
s 49 amd 2015 No. 21 s 27
sec.50
Section sec.50
s 50 om 2015 No. 21 s 28
sec.51
Return of handler’s identity card
sec.51 Return of handler’s identity card
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.
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.
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
(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.
(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.
(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
(a) the death or retirement of the guide, hearing or assistance dog shown on the card;
(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.
(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.
(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.
(a) relied on for support by the dog’s primary handler; or
(b) able to assist the dog’s primary handler in a way that reduces the handler’s need for support.
pt.5-div.2
Identity cards for approved trainers
Identity cards for approved trainers
sec.52
Issue of identity card for approved trainer
sec.52 Issue of identity card for approved trainer
The chief executive must issue an identity card to each approved trainer.
sec.53
Term of identity card for approved trainer
sec.53 Term of identity card for approved trainer
An 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.
sec.54
Replacement of identity card for approved trainer
sec.54 Replacement of identity card for approved trainer
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.
The application must—
be made in the approved form; and
be accompanied by the fee, if any, prescribed under a regulation.
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.
This section does not apply if the trainer’s identity card is suspended or cancelled, or has expired.
(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.
(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.
(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.
(sec.54-ssec.4) This section does not apply if the trainer’s identity card is suspended or cancelled, or has expired.
(a) be made in the approved form; and
(b) be accompanied by the fee, if any, prescribed under a regulation.
sec.55
Return of identity card for approved trainer
sec.55 Return of identity card for approved trainer
An 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.
Maximum penalty—20 penalty units.
pt.5-div.3
Identity cards for employee trainers and puppy carers
Identity cards for employee trainers and puppy carers
sec.56
Issue of identity card for employee trainer or puppy carer
sec.56 Issue of identity card for employee trainer or puppy carer
An approved training institution must issue identity cards to its employee trainers and puppy carers.
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.
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
(sec.56-ssec.1) An approved training institution must issue identity cards to its employee trainers and puppy carers.
(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.
(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
(a) issue an identity card to anyone other than an employee trainer or puppy carer of the institution; or
(b) issue an identity card that does not comply with the requirements prescribed by regulation.
sec.57
Return of identity card for employee trainer or puppy carer
sec.57 Return of identity card for employee trainer or puppy carer
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.
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) .
(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.
(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) .
pt.6
Screening of approved and employee trainers
Screening of approved and employee trainers
pt.6-div.1
Preliminary
Preliminary
sec.58
Main purpose of pt 6
sec.58 Main purpose of pt 6
The 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.
pt.6-div.2
Disclosure of criminal history
Disclosure of criminal history
sec.59
Employee trainers must disclose criminal history
sec.59 Employee trainers must disclose criminal history
Immediately after starting employment as an employee trainer, a person must disclose to the chief executive—
whether or not the trainer has a criminal history; and
if the trainer has a criminal history, the trainer’s complete criminal history.
Maximum penalty—20 penalty units.
(a) whether or not the trainer has a criminal history; and
(b) if the trainer has a criminal history, the trainer’s complete criminal history.
sec.60
Approved and employee trainers must disclose changes in criminal history
sec.60 Approved and employee trainers must disclose changes in criminal history
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.
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.
(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.
(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.
sec.61
Requirements for disclosure
sec.61 Requirements for disclosure
To comply with section 59 or 60 an approved or employee trainer must give the chief executive a disclosure in the approved form.
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.
(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.
(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.
(a) the existence of the conviction; and
(b) when the offence was committed; and
(c) the details of the offence; and
(d) whether or not a conviction was recorded and the sentence imposed on the trainer.
pt.6-div.3
Chief executive may obtain report about criminal history
Chief executive may obtain report about criminal history
sec.62
Chief executive may obtain report from commissioner of the police service
sec.62 Chief executive may obtain report from commissioner of the police service
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.
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.
The commissioner of the police service must comply with the request.
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.
(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.
(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.
(sec.62-ssec.3) The commissioner of the police service must comply with the request.
(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.
(a) an approved trainer;
(b) an employee trainer;
(c) a person to whom a consent to a criminal history check relates.
(a) a written report about the person’s criminal history;
(b) a brief description of the circumstances of a conviction mentioned in the person’s criminal history.
pt.6-div.4
Use of information
Use of information
sec.63
Person to be advised of information obtained
sec.63 Person to be advised of information obtained
This section applies to information about a person obtained by the chief executive from the commissioner of the police service.
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.
(sec.63-ssec.1) This section applies to information about a person obtained by the chief executive from the commissioner of the police service.
(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.
(a) disclose the information to the person; and
(b) allow the person a reasonable opportunity to make written representations to the chief executive about the information.
sec.64
Use of information obtained under this part
sec.64 Use of information obtained under this part
This section applies to the chief executive in considering information about a person received under this part.
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.
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.
(sec.64-ssec.1) This section applies to the chief executive in considering information about a person received under this part.
(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.
(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.
(a) when the offence was committed;
(b) the nature of the offence and its relevance to the person’s ability to work with animals or people with a disability;
(c) a written representation, if any, made to the chief executive under section 63 (2) (b) ;
(d) anything else the chief executive considers relevant to the assessment of the person.
pt.6-div.5
Controls on information
Controls on information
sec.65
Guidelines for dealing with information
sec.65 Guidelines for dealing with information
The chief executive must make guidelines, consistent with this Act, for dealing with information obtained by the chief executive under this part.
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.
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 .
(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.
(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.
(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 .
(a) natural justice is afforded to the persons about whom the information is obtained; and
(b) only relevant information is used in assessing the suitability of a person to work with animals or people with a disability; and
(c) decisions based on the information are made consistently.
sec.66
Confidentiality of information about criminal history
sec.66 Confidentiality of information about criminal history
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.
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.
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.
(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.
(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.
(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.
(a) is, or has been, a public service employee; and
(b) in that capacity acquired information, or gained access to a document, under this part about another person’s criminal history.
(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
(b) if the other person is an adult—with the other person’s consent; or
(c) if the disclosure or giving of access is otherwise required under an Act.
pt.7
Reviews
Reviews
pt.7-div.1
Interpretation
Interpretation
sec.67
Definitions for pt 7
sec.67 Definitions for pt 7
In this part—
interested person see section 68 (2) .
reviewable decision see section 68 (1) .
reviewed decision see section 71 (3) .
s 67 def reviewed decision notice om 2009 No. 24 s 80
pt.7-div.2
Reviewable decisions
Reviewable decisions
sec.68
Reviewable decisions
sec.68 Reviewable decisions
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 .
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.
s 68 sub 2015 No. 21 s 31
(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 .
(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.
(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
(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
(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 .
(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 .
(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
(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 .
pt.7-div.3
Review by chief executive
Review by chief executive
sec.69
Application for review
sec.69 Application for review
This section applies to the interested person for a reviewable decision.
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.
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.
The application must be in the approved form and supported by enough information to enable the chief executive to decide the application.
The chief executive may extend the time mentioned in subsection (2) .
s 69 amd 2015 No. 21 s 32
(sec.69-ssec.1) This section applies to the interested person for a reviewable decision.
(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.
(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.
(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.
(sec.69-ssec.5) The chief executive may extend the time mentioned in subsection (2) .
sec.70
Stay of operation of original decision
sec.70 Stay of operation of original decision
An application under section 69 for review of a decision does not stay the decision.
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.
The stay may be granted on conditions the chief executive considers appropriate.
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.
The tribunal may stay the decision to secure the effectiveness of the review and any later review by the tribunal.
The stay may be granted on conditions the tribunal considers appropriate and has effect for the period stated by the tribunal.
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.
s 70 amd 2009 No. 24 s 82
(sec.70-ssec.1) An application under section 69 for review of a decision does not stay the decision.
(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.
(sec.70-ssec.3) The stay may be granted on conditions the chief executive considers appropriate.
(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.
(sec.70-ssec.5) The tribunal may stay the decision to secure the effectiveness of the review and any later review by the tribunal.
(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.
(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.
sec.71
Reviewed decision
sec.71 Reviewed decision
This section applies to an application under section 69 for review of a decision.
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.
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.
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.
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.
s 71 amd 2009 No. 24 s 83 ; 2015 No. 21 s 33
(sec.71-ssec.1) This section applies to an application under section 69 for review of a decision.
(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.
(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.
(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.
(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.
(a) the person who made the original decision; or
(b) a person in a less senior office than the person who made the original decision.
(a) confirming the original decision; or
(b) amending the original decision; or
(c) substituting another decision for the original decision.
pt.7-div.4
Review by tribunal
Review by tribunal
sec.72
Review of reviewed decision
sec.72 Review of reviewed decision
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.
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.
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.
In this section—
reviewed decision notice means a notice complying with the QCAT Act , section 157 (2) .
s 72 sub 2009 No. 24 s 85
(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.
(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.
(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.
(sec.72-ssec.4) In this section— reviewed decision notice means a notice complying with the QCAT Act , section 157 (2) .
sec.73
Section sec.73
s 73 om 2009 No. 24 s 85
pt.8
Monitoring and enforcement
Monitoring and enforcement
pt.8-div.1
Preliminary
Preliminary
sec.74
Purpose of pt 8
sec.74 Purpose of pt 8
The purpose of this part is to provide powers to authorised officers to investigate, monitor and enforce compliance with this Act.
s 74 amd 2015 No. 21 s 34
pt.8-div.2
Authorised officers
Authorised officers
sec.75
Powers generally
sec.75 Powers generally
An authorised officer has the powers given under this Act.
In exercising the powers under this Act an authorised officer is subject to the directions of the chief executive.
(sec.75-ssec.1) An authorised officer has the powers given under this Act.
(sec.75-ssec.2) In exercising the powers under this Act an authorised officer is subject to the directions of the chief executive.
sec.76
Appointment and qualifications
sec.76 Appointment and qualifications
The chief executive may appoint a public service employee as an authorised officer.
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.
(sec.76-ssec.1) The chief executive may appoint a public service employee as an authorised officer.
(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.
sec.77
Appointment conditions and limit on powers
sec.77 Appointment conditions and limit on powers
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.
The instrument of appointment, a signed notice given to the authorised officer or a regulation may limit the officer’s powers under this Act.
In this section—
signed notice means a notice signed by the chief executive.
(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.
(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.
(sec.77-ssec.3) In this section— signed notice means a notice signed by the chief executive.
(a) the officer’s instrument of appointment under this Act; or
(b) a signed notice given to the officer; or
(c) a regulation.
sec.78
Issue of identity card
sec.78 Issue of identity card
The chief executive must issue an identity card to each authorised officer.
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.
This section does not prevent the issue of a single identity card to a person for this Act and other purposes.
(sec.78-ssec.1) The chief executive must issue an identity card to each authorised officer.
(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.
(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.
(a) contain a recent photo of the authorised officer; and
(b) contain a copy of the authorised officer’s signature; and
(c) identify the person as an authorised officer under this Act; and
(d) state an expiry date for the card.
sec.79
Production or display of identity card
sec.79 Production or display of identity card
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.
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.
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) .
s 79 amd 2015 No. 21 s 35
(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.
(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.
(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) .
(a) produce the authorised officer’s identity card for the person’s inspection before exercising the power; or
(b) have the identity card displayed so it is clearly visible to the person when exercising the power.
sec.80
When authorised officer ceases to hold office
sec.80 When authorised officer ceases to hold office
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.
Subsection (1) does not limit the ways an authorised officer may cease to hold office.
In this section—
condition of office means a condition on which the authorised officer holds office.
(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.
(sec.80-ssec.2) Subsection (1) does not limit the ways an authorised officer may cease to hold office.
(sec.80-ssec.3) In this section— condition of office means a condition on which the authorised officer holds office.
(a) the term of office stated in a condition of office ends;
(b) under another condition of office, the authorised officer ceases to hold office;
(c) the authorised officer’s resignation under section 81 takes effect.
sec.81
Resignation
sec.81 Resignation
An authorised officer may resign by signed notice given to the chief executive.
sec.82
Return of identity card
sec.82 Return of identity card
A 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.
Maximum penalty—20 penalty units.
pt.8-div.3
Powers of authorised officers
Powers of authorised officers
sec.83
General power to enter places
sec.83 General power to enter places
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.
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.
If the power to enter is under a warrant, the power is subject to the terms of the warrant.
s 83 sub 2015 No. 21 s 36
(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.
(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.
(sec.83-ssec.3) If the power to enter is under a warrant, the power is subject to the terms of the warrant.
(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
(b) it is a public place and the entry is made when it is open to the public; or
(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
(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.
sec.84
Entry with consent
sec.84 Entry with consent
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) .
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.
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.
If the consent is given, the authorised officer may ask the occupier to sign an acknowledgement of the consent.
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.
If the occupier signs the acknowledgement, the authorised officer must immediately give a copy to the occupier.
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.
s 84 amd 2015 No. 21 s 38
(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) .
(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.
(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.
(sec.84-ssec.4) If the consent is given, the authorised officer may ask the occupier to sign an acknowledgement of the consent.
(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.
(sec.84-ssec.6) If the occupier signs the acknowledgement, the authorised officer must immediately give a copy to the occupier.
(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.
(a) enter land around premises at the place to an extent that is reasonable to contact the occupier; or
(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.
(a) the purpose of the entry, including the powers intended to be exercised; and
(b) that the occupier is not required to consent; and
(c) that the consent may be given subject to conditions and may be withdrawn at any time.
(a) the purpose of the entry, including the powers to be exercised; and
(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
(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
(c) the occupier gives the authorised officer or another authorised officer consent to enter the place and exercise the powers; and
(d) the time and date the consent was given; and
(e) any conditions of the consent.
(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
(a) an issue arises in a proceeding about whether the occupier consented to the entry; and
(b) an acknowledgement complying with subsection (5) for the entry is not produced in evidence;
sec.84A
Application for warrant
sec.84A Application for warrant
An authorised officer may apply to a magistrate for a warrant for a place.
The authorised officer must prepare a written application that states the grounds on which the warrant is sought.
The written application must be sworn.
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.
s 84A ins 2015 No. 21 s 39
(sec.84A-ssec.1) An authorised officer may apply to a magistrate for a warrant for a place.
(sec.84A-ssec.2) The authorised officer must prepare a written application that states the grounds on which the warrant is sought.
(sec.84A-ssec.3) The written application must be sworn.
(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.
sec.84B
Issue of warrant
sec.84B Issue of warrant
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.
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.
s 84B ins 2015 No. 21 s 39
(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.
(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.
(a) the place to which the warrant applies; and
(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
(i) enter the place and any other place necessary for entry to the place; and
(ii) exercise the officer’s powers; and
(c) particulars of the offence that the magistrate considers appropriate; and
(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
(e) the hours of the day or night when the place may be entered; and
(f) the magistrate’s name; and
(g) the day and time of the warrant’s issue; and
(h) the day, within 14 days after the warrant’s issue, the warrant ends.
(i) enter the place and any other place necessary for entry to the place; and
(ii) exercise the officer’s powers; and
sec.84C
Defect in relation to a warrant
sec.84C Defect in relation to a warrant
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.
s 84C ins 2015 No. 21 s 39
(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.
(a) the warrant; or
(b) compliance with this subdivision;
sec.84D
Procedure for entry under warrant
sec.84D Procedure for entry under warrant
This section applies if an authorised officer is intending to enter a place under a warrant issued under this subdivision.
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.
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.
s 84D ins 2015 No. 21 s 39
(sec.84D-ssec.1) This section applies if an authorised officer is intending to enter a place under a warrant issued under this subdivision.
(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.
(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.
(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;
(b) give the person a copy of the warrant;
(c) tell the person the officer is permitted by the warrant to enter the place;
(d) give the person an opportunity to allow the officer immediate entry to the place without using force.
More sections below
Source text: opening excerpt
Sourced from Queensland Legislation (legislation.qld.gov.au), CC BY 4.0.
pt.1 Preliminary
Preliminary
pt.1-div.1 Introduction
Introduction
sec.1 Short title
sec.1 Short title
This Act may be cited as the Guide, Hearing and Assistance Dogs Act 2009 .
sec.2 Commencement
sec.2 Commencement
This Act commences on a day to be fixed by proclamation.
sec.3 Objects of Act
sec.3 Objects of Act
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.
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.
s 3 amd 2013 No. 58 s 34
(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.
(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.
(a) to assist people with a disability who rely on guide, hearing or assistance dogs to have independent access to the community; and
(b) to ensure the quality and accountability of guide, hearing and assistance dog training services.
Sets out statutory grounds and processes for immediate suspension and cancellation of approvals and of handler identity cards, with show cause procedures and specific minimum timeframes for representations (ss 25-30; 46-51).
Prescribes certification rules for dogs. Approved trainers may certify dogs only if the dog meets role-specific criteria, has passed a public access test within seven days of certification, is desexed, vaccinated, not a prohibited import breed under the Customs Act and not declared dangerous under local law (ss 35, 36-38). An approved trainer must not certify a dog if the trainer is the dog’s primary handler (s 39).
Creates an identity card regime for primary and alternative handlers, trainers and employee trainers and puppy carers; sets maximum card terms and recordkeeping responsibilities for trainers and institutions (pt 5, ss 40-57, 45A).
Requires screening and disclosure of criminal history by approved and employee trainers and empowers the chief executive to obtain police reports, to consult, and to make suitability assessments only for the purpose of deciding whether a person may work with animals or people with disability (pt 6, ss 58-66).
Grants authorised officers investigative and enforcement powers including entry (with consent, during public opening hours or under warrant), inspection, document production, requirements to help, and powers to require names and addresses or information. Warrant procedures are provided (pt 8, ss 75-95; ss 83-91; ss 84A-84D).
Provides internal review by the chief executive and an external review path to the tribunal (QCAT), with prescribed timeframes and stay powers (pt 7, ss 68-72).
Preserves concurrent rights under anti-discrimination laws by explicitly noting that a person with a disability may also have rights under the Anti-Discrimination Act 1991 (Qld) and the federal Disability Discrimination Act 1992 (Cwlth) (ss 12A(4), 13(2)).
The Act also contains transitional provisions that deem certain large, pre-existing organisations to be approved training institutions on commencement and temporarily permits particular pre-commencement certifications (ss 122-123). It repeals the Guide Dogs Act 1972 and the Legacy Trust Fund Act 2001 (ss 119-120). The Act leaves much of the operational detail to regulation (for example, identifying-coat requirements, prescribed requirements for trainers and training institutions, and fees) (ss 12(4), 31, 118).
The statutory instruments in the Act allocate decision rights to the chief executive, impose compliance and reporting costs on trainers and institutions, create obligations for holders of identity cards and persons exercising control of places, and vest investigatory discretion in authorised officers subject to procedural constraints such as identity production (s 79) and show cause rights (ss 27, 48). The text sets out both broad protective rights for handlers and a supervisory, licensing and enforcement regime for trainers and trainers’ organisations.
Main concepts
The Act’s architecture rests on a few recurrent legal and operational concepts. Each concept is specified in the text and given regulatory or administrative consequences.
Certified guide, hearing or assistance dog. The Act distinguishes these by category and links certification to role-specific tests, public access tests and minimum animal health and safety criteria (ss 34-38). Certification is not simply a private statement; it must be effected by an approved trainer or approved training institution and is conditional on the dog passing the public access test (s 35) and meeting conditions such as desexing and vaccination (ss 36-38).
Identification procedure. The mechanism by which a handler demonstrates entitlement in a controlled space is statutory: an identity card (primary, alternative or trainer’s card) must be displayed or produced on request, and the dog must wear the prescribed harness or identifying coat (s 12). Identity cards may be suspended, cancelled or expired, and a suspended or expired card is treated as non-compliance (s 12(3)).
Persons exercising control. The Act defines who may face duties: any person exercising control or purporting to exercise control over access to or delivery of services in a place of accommodation, public place or public passenger vehicle (s 11). That definition criminalises or penalises behaviour by owners, managers, agents or staff who refuse entry, impose terms or charge extra because of the presence of a certified dog, subject to narrowly expressed exceptions (ss 12A, 13).
Approved trainers and approved training institutions. Approval is an administrative licence that confers competence to certify dogs and to issue handler identity cards (pt 3). Suitability is assessed on training capability, selection and support services and criminal history considerations (s 14). Approvals are subject to review every three years (s 21) and to immediate suspension or cancellation for specified grounds including contravention of prescribed requirements, criminal history changes and false certification (s 25).
Public access test. The Act centralises the public access test as the standard safety and behaviour test. The chief executive approves the test and must publish it and make it available to the public and departmental offices (s 35). The test assesses whether a dog is safe and effective in public places and can be controlled by the primary handler (with or without an alternative handler).
Criminal-history-driven screening. Trainers and employee trainers are subject to a disclosure and screening regime (pt 6). The chief executive may obtain police reports and must disclose any such information to the person before using it to make an assessment (ss 62-64). The use of that information is limited to assessing suitability to work with animals or persons with disability (s 64(2)) and guidelines must be prepared (s 65).
Authorised officers and enforcement powers. The Act creates a class of authorised officers (ss 75-77) with identity cards (s 78) and investigative powers (ss 83-91). Powers include entering premises with consent or warrant, making inspections, requiring documents and information, and compelling assistance and answers. Offences and penalties for obstruction, false documents and non-compliance are specified (ss 86-97).
Procedural protections and review. Show cause processes, minimum periods for representations and review rights to the chief executive and, subsequently, to the tribunal are written into the Act (ss 27, 48, 69-72). Timeframes differ depending on the particular decision (for example, 21 days for a trainer show cause under s 27(3) and 28 days for a handler under s 48(3)).
Interaction with other laws and exceptions. The Act expressly operates “despite any other Act” in respect of the handler rights (s 8), but it also specifies exclusions where the public access rights do not apply (for example, parts of health service facilities listed in schedule 1, ambulances, places where food is ordinarily prepared and other places prescribed by regulation) and refers to the Customs Act 1901 for banned breeds (s 7; ss 36-38). The Act references anti-discrimination statutes as alternative remedies (ss 12A(4), 13(2)).
These concepts together create a rights-plus-regulation model: handlers gain statutory access protections, trainers and institutions must hold statutory approvals and keep to regulated standards, and the chief executive and authorised officers are tasked with monitoring and enforcement. The Act leaves detail to regulations, which creates implementation dependency on subordinate instruments for matters such as identifying-coat design, prescribed training service requirements and fees (ss 12, 31, 118).
Who it affects
The Act allocates obligations and rights across a definable set of actors. Specify who bears what in plain terms.
Primary handlers. A primary handler is a person with a disability who relies on a certified guide, hearing or assistance dog to reduce the person’s need for support. Primary handlers obtain a primary handler’s identity card if eligible (s 40). They are entitled to be accompanied by their certified dog in places of accommodation, public places and public passenger vehicles, “despite any other Act” (s 8). Primary handlers must comply with the identification procedure (s 12), including when making reservations or arriving at accommodation (s 12A(2)).
Alternative handlers. An adult who the primary handler relies on to physically control the dog can hold an alternative handler’s identity card (s 41). An alternative handler may accompany a primary handler and the primary handler’s certified dog where they hold a handler’s identity card for that dog (s 8A). Eligibility and card term rules apply as for primary handlers (pt 5).
Approved trainers and approved training institutions. Individuals or corporations applying to be approved trainers or training institutions must show suitability under s 14 and apply under s 15. Approved trainers can certify dogs and issue handler identity cards (ss 36-38; s 42). They are required to keep records of issued handler identity cards (s 45A) and to notify the chief executive of certain changes within 14 days (s 32). Approved training institutions must issue identity cards to employee trainers and puppy carers (s 56) and collect them when employment ends (s 57).
Employee trainers and puppy carers. They work for an approved training institution and must disclose criminal history immediately on starting employment (s 59). The institution must issue identity cards to them and provide consents to criminal history checks for new employee trainers within 14 days of employment (s 32(2)).
Persons exercising control of places of accommodation, public places and public passenger vehicles. Owners, operators, managers, staff and any person purporting to exercise control are captured by the definition (s 11). These persons must not refuse entry, refuse service, or impose terms that separate a person with a disability from their certified dog, provided the handler is complying with the identification procedure (ss 12A, 13). Specific maximum penalties apply for contraventions (100 penalty units in some sections).
Authorised officers and the chief executive. The chief executive administers approvals, reviews and enforcement, may delegate powers (s 114), and must issue identity cards to authorised officers (s 78). Authorised officers are public service employees appointed with the qualifications the chief executive requires (ss 76-77) and exercise investigative powers under pt 8.
Owners and occupiers who are not handlers. Occupiers of property may be asked for consent to an authorised officer entering their premises or may face authorised entry under warrant. They have rights under the Act such as being told the purpose of entry and being provided with acknowledgements where consented (s 84).
The State and regulated organisations. The Act effectively channels certain activities (certification, training, identity card issuance, recordkeeping, criminal-history checking) through the licencing and regulation of trainers and institutions and through the chief executive’s oversight. Several named pre-existing organisations are treated as approved training institutions for transition (s 122), which affects market structure at commencement.
Courts and tribunals. The Act interfaces with the Justices Act 1886 for summary offence procedure (s 103) and with QCAT and its procedural requirements for review and review notices (ss 71-72).
The Act therefore affects three broad groups: handlers and people with disability who rely on dogs (entitlement and compliance duties), suppliers of training and certification services (regulatory obligations, screening, recordkeeping and approval risk), and persons who manage physical or service spaces (obligations not to refuse service or impose discriminatory terms). Authorised officers and the chief executive are the State’s enforcement agents with investigatory discretion and suspension/cancellation powers. The Act also imposes obligations (and penalties) on public service employees and others who handle confidential criminal-history or administrative information (s 66, s 113).
Key duties and rights
This section summarises the statutory duties, rights and administrative processes that drive behaviour by regulated parties and by the public.
Rights
Right to be accompanied. A person with a disability who relies on a certified guide, hearing or assistance dog may be accompanied by that dog in a place of accommodation, a public place, or a public passenger vehicle, despite other laws (s 8(1)). Alternative handlers and approved trainers/puppy carers have related rights (ss 8A, 9). This statutory right is the Act’s core access protection.
Protection from offence for entry. The Act declares that a person does not commit an offence merely by taking a certified dog into a place of accommodation, public place or public passenger vehicle (s 8(2); s 8A(2); s 9(2)).
Duties on handlers
Identification procedure. A handler must comply with the identification procedure by having the identity card displayed or available for inspection and ensuring the dog is wearing the appropriate harness or identifying coat (s 12(2)). A suspended, cancelled or expired card amounts to non-compliance (s 12(3)). Handlers must comply with the identification procedure when making reservations or arriving to reside at accommodation (s 12A(2)).
Return of cancelled/expired cards. If a handler’s identity card is cancelled, the handler must return it to the cancelling authority within one month unless they have a reasonable excuse (s 51(1)). Handlers must also return their card to the chief executive within one month after death or retirement of the dog or relevant change for alternative handlers (s 51(2)).
Duties on persons exercising control (owners/operators/managers)
No refusal or separation terms. Persons exercising control of places of accommodation must not refuse to rent accommodation to an accompanied handler because of the dog, or impose terms that charge extra, separate the handler from the dog, or refuse part access because of the dog (s 12A(1)). Public place and public passenger vehicle controllers must not refuse entry or service to an accompanied handler complying with the identification procedure nor impose separation terms (s 13(1)). Defences are available if a contravention was for a reasonable reason unrelated to the dog’s presence (s 13(2)).
Accommodation-specific rules. The rule in s 12A(1)(b)(iii) (no refusing entry to parts of accommodation) does not apply to parts where food is ordinarily prepared for residents or the public (s 12A(4)).
Duties on trainers and institutions
Approval and ongoing suitability. Trainers and training institutions must apply for approval in the approved form, provide consents for criminal-history checks and disclose criminal history (s 15). The chief executive may impose conditions on approval and must review approvals every three years (ss 17, 21).
Prescribed requirements and records. Regulations may prescribe detailed requirements for delivery of training services, records to be kept, insurance cover and policies. Contravention of prescribed requirements is a ground for immediate suspension or cancellation (s 31).
Identity card issuance and recordkeeping. Approved trainers and institutions issue handler and employee identity cards and must maintain records of handler cards (s 45A). Training institutions must issue identity cards to employee trainers and puppy carers and collect them when employment ends (ss 56-57).
Duties on trainers and employee trainers with respect to criminal history
Ongoing disclosure. Employee trainers must disclose criminal history immediately after starting employment (s 59). Approved and employee trainers must disclose any change in criminal history immediately (s 60). The chief executive may seek police reports to assess suitability (s 62) but must give the person an opportunity to respond before using that information in an assessment (s 63).
Administrative and enforcement powers
Suspension and cancellation. The chief executive may immediately suspend an approval for up to three months where grounds exist and immediate suspension is necessary to prevent harm (s 26). For cancellations, show cause notices and minimum representation periods apply (s 27). Handler identity cards can be suspended or cancelled by the chief executive or the trainer/institution that issued the card, with detailed show cause procedures (ss 46-48).
Authorised officer powers. Authorised officers may enter places in several circumstances (consent, public opening, business hours or under warrant) and exercise powers to search, inspect, copy documents, require help and require answers to questions (ss 83-85). The officer must produce identity when dealing with a person (s 79).
Procedural protections
Show cause and review. The Act requires show cause notices before cancellation of approvals (s 27) and handler cards (s 48) with defined minimum periods for representations (21 days for trainers; 28 days for handlers). Internal review to the chief executive is available within 28 days of receiving an information notice (s 69). The chief executive must review and decide within 28 days (s 71). External review by QCAT is available (s 72). Stays of operation may be granted by the chief executive or tribunal (s 70).
Evidence and sanctions
Evidentiary presumptions. The Act creates presumptions about appointments and authorisations and permits certificates signed by the chief executive to be evidence in proceedings (ss 100-102).
Penalties. The Act sets maximum monetary penalties and criminal sanctions for various offences: for example, refusal or discriminatory terms by controllers (s 12A, s 13) carries a maximum penalty of 100 penalty units; failure to give required disclosures by trainers carries up to 20 penalty units (ss 32, 59-61); failure to comply with authorised officer requirements carries penalties up to 50 penalty units (ss 86-89, 92). False or misleading statements and documents each have maximum penalties of 100 penalty units (ss 95-96). Confidentiality breaches by public service employees regarding criminal-history information can attract up to 100 penalty units or two years imprisonment (s 66).
Collectively, these rights and duties reallocate where authority and liability sit: handlers gain statutory access rights but must comply with identification procedures; trainers gain market privileges via approvals but face screening, recordkeeping, and possible suspension; operators of premises must accept accompanied handlers but are allowed narrowly drawn public-health- or safety-based exceptions; authorised officers gain investigatory powers balanced by procedural constraints.
Penalties and enforcement
Enforcement flows through a combination of administrative action by the chief executive, regulatory sanctions aimed at trainers and institutions, criminal or summary penalties for noncompliance, and the investigatory powers of authorised officers. The Act provides precise penalty figures for many contraventions and prescribes how powers are exercised.
Monetary penalties and criminal exposure
100 penalty units: Several key prohibitions carry a maximum of 100 penalty units. Examples include:
A person exercising control of accommodation who contravenes s 12A(1) (refusing to rent, imposing extra charge, separation, or refusing access) (s 12A(1) endnote).
A person exercising control of a public place or public passenger vehicle who contravenes s 13(1) (refusing entry or service or imposing separation) (s 13(1) endnote).
Making false or misleading statements to the chief executive or an authorised officer (s 95).
Giving a document containing false or misleading information (s 96).
Impersonating an authorised officer or obstructing authorised officers in certain ways (s 97; s 98).
Confidentiality breach by a public service employee concerning criminal-history information can attract up to 100 penalty units or two years imprisonment (s 66(2)).
50 penalty units: Failing to comply with reasonable help requests or answering questions required by authorised officers carries a maximum of 50 penalty units (ss 86-89, 92). Section 87 explicitly recognises that an individual may refuse to answer if answering might tend to incriminate them (reasonable excuse).
20 penalty units: Administrative failures by training institutions are given lighter monetary sanctions. For example, failure to provide a consent to a criminal-history check for a new employee trainer within 14 days is a maximum 20 penalty units (s 32(2)). Failure by an approved trainer whose approval is cancelled to return the trainer’s identity card within seven days attracts a maximum 20 penalty units (s 55).
2 penalty units: Returning handler identity cards after cancellation, death or retirement of the dog must be done within one month, with a maximum penalty of 2 penalty units if the handler fails to do so (s 51).
Enforcement and administrative remedies
Administrative suspension and cancellation. The chief executive may immediately suspend an approval for up to three months if they reasonably believe a ground exists and that suspension is necessary to prevent or control harm to a person or animal (s 26). Grounds for immediate suspension or cancellation are enumerated (s 25), including contravention of prescribed requirements, employment of an unsuitable person, intentional or reckless false certification, and material misrepresentation when the approval was granted (s 25(1)(a)-(f)).
Show cause and internal review. For cancellation of approvals, the Act requires a show cause process with a notice that sets out grounds and facts and affords at least 21 days for written representations (s 27). Handler identity card cancellation requires at least 28 days for representations (s 48(3)). The chief executive must consider representations and may proceed to cancel (s 29). An interested person has an internal review right to the chief executive within 28 days of receiving an information notice (s 69) and the chief executive has 28 days to make a reviewed decision (s 71).
External review and stays. An interested person can apply to QCAT for review of a reviewed decision (s 72). The chief executive or the tribunal may stay a decision pending review (s 70), and stays may be conditioned to secure the effectiveness of the review.
Investigatory powers and compelled compliance
Entry, inspection and copying. Authorised officers may enter premises with consent, where a place is open to the public, where a business is open for carrying on business, or under warrant (s 83). On entry they may search, inspect, film, copy documents, require reasonable help, and require a person to answer questions (s 85).
Warrant mechanism. Authorised officers may apply to a magistrate for a warrant (s 84A). A warrant authorises entry and exercise of powers, states particulars of offences suspected, and has a life of up to 14 days (s 84B). Defects in warrants are not invalidating unless material (s 84C). Procedure for entry under warrant includes identity production, leaving a copy of the warrant and an opportunity to allow entry without force, unless immediate force is reasonably necessary (s 84D).
Compulsion and timeframes. Authorised officers may require persons to provide information or documents at a stated reasonable time and place (s 89A, s 90). Failure to comply is an offence with penalties up to 50 penalty units unless the person has a reasonable excuse, including the risk of self-incrimination (s 92).
Other enforcement features
False certification and false representation. Intentional or reckless certification of a dog that has not passed a public access test is an explicit ground for suspension or cancellation of a trainer’s approval (s 25(1)(e)). Making materially false or misleading representations when seeking approval or identity cards is also a ground for cancellation (s 25(1)(f); s 46(1)(b),(c)).
Compensation. Persons who suffer loss or expense because of the exercise or purported exercise of powers under certain parts of pt 8 may claim compensation from the chief executive; courts may order compensation only as just in the particular circumstances (s 94).
Protection from liability for officials. Officials and persons acting under their direction are not civilly liable for honest and non-negligent acts done under the Act; in such cases the liability transfers to the State (s 115).
In sum, the enforcement regime combines administrative licensing and supervision with summary offences and investigatory powers. The chief executive retains wide discretion to impose conditions, suspend or cancel approvals and identity cards and to seek police reports. Authorised officers carry investigatory authority, constrained by warrant and consent rules. Monetary penalties are concentrated at the 100 penalty unit level for discriminatory refusals, false statements and confidentiality breaches, while procedural offences such as non-production of documents attract lower penalties.
How it interacts with other laws
The Act both asserts primacy for certain handler rights and explicitly links into other state and Commonwealth statutes. The Act’s text identifies specific cross-references and permissible interactions.
Primacy and “despite any other Act”
The Act expressly states that the rights to be accompanied by certified dogs operate “despite any other Act” (s 8(1)). That phrase gives these access rights statutory precedence over conflicting state laws, subject to the Act’s own exceptions and to compliance with its identification procedure (s 12).
Exceptions and public health or conservation carve-outs
The Act does not apply to parts of certain health service facilities listed in schedule 1, to ambulances, to parts of public places or public passenger vehicles where food is ordinarily prepared, or to places prescribed by regulation (s 7(1)(a)-(d)). The Minister may only recommend prescribing a place where the presence of a dog poses a risk to health or welfare or,if a public place,a serious risk to a native plant or animal (s 7(2)). Those provisions create a statutory test for permissible exclusions that references public health and environmental risk.
Commonwealth and other statutory regimes
Customs Act 1901 (Cth). Certification rules for guide, hearing and assistance dogs require that the dog is not of a breed prohibited from importation under the Customs Act 1901 (Cwlth) (ss 36-38). This imports a Commonwealth prohibition into the certification standards.
Anti-discrimination law. The Act explicitly preserves concurrent rights under the Anti-Discrimination Act 1991 (Queensland) and the Disability Discrimination Act 1992 (Cwlth) by noting that a person with a disability may also have a right of action under those statutes for discrimination arising in accommodation, public places or public passenger vehicles (s 12A(4); s 13(2)). Those references signal that the Act does not supplant civil rights avenues in discrimination law.
Justices Act 1886. Proceedings for offences under this Act are to be taken in a summary way under the Justices Act 1886 (s 103). That determines procedural consequences for prosecutions and limits to summary jurisdiction.
QCAT Act. Statutory review and the content of information notices are tied to the procedural requirements of the Queensland Civil and Administrative Tribunal Act: the chief executive must give a notice complying with QCAT Act s 157(2) when deciding reviews (s 71(4)); a tribunal review application is provided “as under the QCAT Act” (s 72). This integrates the Act’s internal review path with tribunal practice.
Corporations Act. Service rules for giving documents by facsimile explicitly contemplate sending to a corporation’s registered office “under the Corporations Act” (s 116). This aligns service methods with federal corporate registration rules.
Manufactured Homes (Residential Parks) Act 2003. The definition of “place of accommodation” includes a manufactured home under that Act and a site under s 13 of that Act (s 6). That inclusion integrates residential parks into the accommodation obligations.
Other interaction mechanisms
Regulatory dependency. The Act delegates considerable detail to regulations including identifying-coat design and requirements, prescribed training service requirements and fees (ss 12(4), 31, 118). The operative effect of many duties and standards will depend on the content of regulations; trainers and institutions must therefore monitor both the Act and the subordinate regulations.
Police information and confidentiality. The chief executive may request police reports from the commissioner of the police service about an applicant’s criminal history (s 62). The Act imposes strict confidentiality and limited use provisions; a public service employee who unlawfully discloses criminal-history information risks up to 100 penalty units or two years imprisonment (s 66(2)). The chief executive must disclose information obtained from police to the subject and allow representations before using it (s 63).
Transitional interaction with prior laws
Repeals. The Act repeals the Guide Dogs Act 1972 and the Legacy Trust Fund Act 2001 (ss 119-120), replacing older statutory arrangements with the current regulatory structure.
Transitional deeming. Several named organisations are taken to be approved training institutions on commencement (s 122). Special transitional certification allowances were provided to those organisations for dogs trained before commencement (s 123). These transitional measures bridge the legacy regulatory landscape and the new statutory system.
In practical terms, the Act creates a rights regime that will displace conflicting local rules, subject to stated exceptions, while coexisting with discrimination law remedies and depending on interactions with Commonwealth import rules and state tribunal and court processes. The Act’s effectiveness therefore depends on the interplay between its supervisory design and the subordinate regulations, and on the extent to which other statutory regimes (police, corporate, public health and environmental) intersect with the Act’s prescribed exceptions and screening processes.
Amendment history
The text supplied contains embedded amendment annotations and transitional material that indicate how the Act has been changed since enactment. The Act as presented includes amendments and insertions recorded in the margin notes. The following statements are strictly restricted to the annotations and transitional provisions visible in the supplied text.
2013 amendments. Several sections carry the annotation “amd 2013 No. 58” or similar. For example, the objects provision s 3 notes s 3 amended 2013 No. 58 s 34; definitions and rights in part 2 (for example s 6 accompanied handler definition, s 8) carry 2013 and later amendments. These annotations in the text indicate statutory alteration in 2013 to the objects and definitional language and to other operative provisions. The annotations appear throughout the early parts of the Act.
2015 amendments. Numerous sections have amendments attributed to “2015 No. 21” (for example, s 6, s 8, s 12, s 17, s 21, s 23 and many provisions in pt 8). The supplied text shows explicit insertions, repeals and reorganisations tied to that amending instrument. Several timing and process changes appear to have been effected in 2015, including adjustments to identification procedures, review timeframes and authorised officer powers (as indicated by the “amd 2015 No. 21” annotations).
2024 amendments. The certification sections (ss 36-38) include a recent amendment annotation “amd 2024 No. 17 s 192 sch 1 pt 2”, adding breed import prohibition reference and possibly refining desexing and vaccination requirements. The annotation indicates a 2024 amending instrument that added or refined these certification conditions.
Transitional amendments and repeals. The Act incorporates transitional provisions for its commencement including deeming certain pre-existing training institutions to be approved training institutions (s 122), allowing for some pre-commencement certifications to be carried over for a limited period (s 123), and transitional handling of identity card applications and expiry dates for cards in effect at commencement (ss 124-125). The Act repeals the Guide Dogs Act 1972 and the Legacy Trust Fund Act 2001 (ss 119-120).
Subordinate instrument scope. The Act explicitly reserves matters to regulation, such as identifying coat requirements, prescribed requirements for training services, and fees including waiving and refunding (ss 12(4), 31, 118). The amendment notes do not detail the content of regulations, but the Act’s margins indicate that substantive operational elements have been amended over time and that regulations are essential to current practice.
The supplied text does not include the full amending Acts or their explanatory material, only margin annotations and transitional provisions. The annotations show at least three significant amendment moments recorded in the supplied text: 2013, 2015 and 2024. Transitional provisions at pt 12 were introduced to manage the shift from the repealed Guide Dogs Act 1972 and to preserve continuity for named institutions and existing identity cards (ss 119-125).
Note: this summary records only the amendment annotations and transitional provisions contained within the supplied text. It does not infer any legislative history beyond those internal references.
Litigation history
The supplied text contains no judicial decisions, reported cases, tribunal determinations or other litigation materials. The Act itself references litigation and tribunal processes as forums for review and remedy:
Review procedure. Internal review to the chief executive and external review to QCAT are incorporated (pt 7, ss 69-72). The QCAT Act is referenced for notice form and review procedure (s 71(4); s 72).
Enforcement proceedings. Proceedings for offences under the Act are to be taken in a summary way under the Justices Act 1886 (s 103). The provisions set statutory limitation periods for initiating proceedings (s 103(2)).
Because the supplied statutory text contains no case law or litigation summaries, there is no litigation history contained in the source to report. Users seeking case law applying or interpreting these provisions will need to consult court and tribunal reports and databases, as those materials are outside the supplied Act text.
Gotchas
Practitioners and compliance officers should note specific traps, timing rules and discrete procedural pitfalls embedded in the text that can create compliance failure or enforcement exposure if overlooked.
Identification and card status
Suspension, cancellation or expiry transforms compliance. The identification procedure treats a card that is suspended, cancelled or expired as non-compliant (s 12(3)). Handlers must keep card status current. Organisations exercising control can rely on a valid card when deciding whether to admit or provide service (s 13).
Display and production options. The identification procedure can be satisfied either by having the identity card clearly visible or by making it available for inspection if asked (s 12(2)(a)). This creates some flexibility but also a point of dispute if a handler fails to display but offers to produce the card only on request.
Timing windows for certification and testing
Public access test window. Certification requires the dog to have passed a public access test conducted by the trainer or institution (or employee trainer) within seven days before being certified (ss 36-38). The seven day requirement is strict in form and creates time pressure between testing and certification.
Desexing, vaccination and dangerous-dog barriers. Certification is conditional on the dog being desexed and vaccinated and not declared a dangerous dog under local law (ss 36-38). Trainers must therefore ensure veterinary compliance and local-law status before certifying.
Trainer conflicts and self-certification
Trainer cannot certify own dog. 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 (s 39). Trainers who are primary handlers must use another approved trainer or institution to certify.
Card terms and returns
Maximum card term. A handler’s identity card term must not exceed three years from the date of issue (s 44). This limits long-term certainty for handlers and requires renewal processes.
Return obligations and low-level penalties. Handlers must return identity cards on cancellation or within one month of the death or retirement of the dog, with small maximum penalties for non-compliance (2 penalty units) (s 51). Although the penalty is small, failure to return may disrupt records and can be an administrative offence.
Differing show cause periods and decision makers
Different minimum show cause and representation periods. For trainers’ approvals, the show cause period must not be less than 21 days (s 27(3)). For handler cards, the show cause period must not be less than 28 days (s 48(3)). Practitioners should note which process applies to which actor.
Who can cancel a handler’s card. The chief executive, an approved trainer or the issuing approved training institution may cancel a handler’s identity card (s 48(1)). A handler may therefore face cancellation by the institution that issued the card in addition to state action.
Regulatory detail left to subordinate instruments
Prescribed requirements and identifying coat. Key operational standards, such as the design and requirements of identifying coats and prescribed training-service requirements, are left to regulation (ss 12(4), 31). Uncertainty or delay in regulatory instruments can create compliance and operational ambiguity in the short term.
Authorised officer entry and consent proof
Consent acknowledgements and onus of proof. When entry is by occupier consent, an authorised officer may ask for the occupier to sign an acknowledgement that sets out purpose and conditions (s 84(4)-(6)). If a proceeding questions whether consent was given and an acknowledgement is not produced, the onus is on the person relying on entry to prove consent (s 84(7)). This evidentiary rule can be decisive where an occupier disputes the circumstances of entry.
Warrants may be broad but defects may not invalidate
Warrants may authorise entry and use of force and last up to 14 days (s 84B). The Act states that defects in warrants or in compliance with the warrant procedures do not invalidate the warrant unless the defect affects the substance materially (s 84C). This makes challenges to warrants more fact-dependent.
Criminal-history confidentiality and limited use
Strict confidentiality for police-sourced material. Criminal-history information obtained from police may only be used for suitability assessment to work with animals or people with a disability (s 64(2)). Public service employees who disclose such material unlawfully risk a high penalty or imprisonment (s 66(2)). The chief executive must disclose to the subject and allow representations before using police material (s 63). Mistakes in handling police material can therefore generate serious compliance exposure.
Narrow exceptions to access rights
Food-preparation areas exclusion. The accommodation non-separation rule does not apply to parts of accommodation where food is ordinarily prepared for residents or the public (s 12A(4)). Entities claiming food-safety exceptions should ensure the part of the premises is genuinely a food-preparation area and be prepared to justify that exception.
Transitional deeming of particular organisations
Pre-approved institutions. Several named bodies are taken to be approved training institutions at commencement (s 122). This creates an initial concentration of approvals and may give those entities operational advantages in the early phase. Practitioners should note the limited transitional certification allowance under s 123, which ends on 1 July 2010 under the transitional schedule in the supplied text.
Be mindful of these discrete operational traps when advising clients, preparing policies or designing compliance monitoring. Each “gotcha” flows directly from a section of the Act and has consequences for how parties should operationalise rights or duties.
How to comply
This section sets out practical compliance actions, structured around the principal regulated actors. Each action references the relevant provision for ease of checking.
For handlers (primary and alternative)
Obtain and keep current an appropriate handler identity card. Ensure eligibility criteria are met (primary: s 40; alternative: s 41) and that the card is not expired, suspended or cancelled. A handler’s identity card must not extend beyond three years from issue (s 44).
Always comply with the identification procedure. Either display the identity card visibly or have it readily available for inspection on request and ensure the dog is wearing the prescribed harness or identifying coat. A suspended, cancelled or expired card is non-compliant (s 12(2)-(3)).
Comply with identification at booking and arrival for accommodation. When making reservations or arriving to stay in accommodation, the handler must comply with the identification procedure (s 12A(2)). Non-compliance may forfeit the statutory protections in ss 12A and 13.
Return identity cards where required. If a card is cancelled, or the dog dies or retires, return the card within the specified one month period unless there is a reasonable excuse (s 51). For voluntary surrender upon retirement or death, follow s 49 and s 51.
For approved trainers and approved training institutions
Apply and document suitability thoroughly. Submit an application in the approved form and include the documents supporting suitability (s 15(3)(a)). Provide consents and disclosures for criminal-history checks where required (s 15(3)(b)-(c)).
Maintain prescribed records and policies. The Act permits regulations to require recordkeeping (employment, trainer identity cards, dog training and veterinary history), policies and insurance (s 31(2)). Even if regulations are not yet final, institute robust records-equivalent practices that meet the examples in s 31(2).
Conduct and record public access tests and certification within the statutory window. The dog must pass a public access test, approved by the chief executive, and certification must occur within seven days of the test (s 35; ss 36-38). Keep contemporaneous test records noting who conducted the test (trainer or employee trainer) as that is expressly required (ss 36-38).
Avoid conflicts of interest. Do not certify a dog if you are the trainer and also the primary handler who relies on the dog (s 39).
Keep approval-related information current and notify the chief executive. Give notice within 14 days of prescribed changes, including address changes, and provide consents to criminal-history checks for newly employed trainers within 14 days of employment (s 32). Failure to notify is a ground for immediate suspension or cancellation (s 25(1)(c)).
Prepare for police checks and confidentiality obligations. Ensure that employee trainers disclose criminal histories promptly (s 59), notify the chief executive of any change (s 60), and cooperate with requests for additional information during approval reviews (s 21). Develop internal procedures to handle police-sourced information in compliance with guidance and to preserve confidentiality under s 66.
Implement quality assurance. Where regulations prescribe maintenance of accreditation or industry standards and insurance, ensure those systems are in place (s 31(2)(e)-(f)). Keep contemporaneous records of client assessments, training plans and veterinary history.
For persons exercising control of accommodation, public places and public passenger vehicles
Permit access where handlers comply with the identification procedure. Do not refuse entry or service to accompanied handlers who comply with s 12. Unless a reasonable and unrelated ground exists, refusal risks liability and penalties under s 12A or s 13.
Avoid imposing extra charges or separation conditions. Do not charge extra or require separation of handler and dog in accommodation (s 12A(1)(b)). Be aware of the accommodation exception for parts where food is ordinarily prepared (s 12A(4)).
Train staff. Staff should be trained on the Act’s identification procedure, where to inspect identity cards, and how to apply reasonable, non-dog-related grounds for refusal if they exist. Keep a standard operating procedure for inspection requests and incident records.
For authorised officers and the chief executive
Follow identity and warrant procedures. Authorised officers must show identity when exercising powers in relation to a person (s 79). For entry with consent, comply with the information and acknowledgement requirements (s 84). For entry under warrant, comply with the warrant proof, copy and notice procedures unless immediate compliance would frustrate execution (ss 84B, 84D).
Use police information only for suitability assessments. Police-supplied criminal-history information must be disclosed to the person and a reasonable opportunity to respond given before it is used in an assessment (s 63). Use is limited to suitability to work with animals or people with disability (s 64(2)).
Apply show cause and natural justice for suspensions/cancellations. When proposing cancellation of approvals or identity cards, give the requisite show cause notices with the minimum statutory periods for representations (s 27(3); s 48(3)). Consider representations and document reasons clearly, complying with notice rules and QCAT form requirements (s 71(4)).
General cross-cutting steps
Monitor regulations and fees. The Act reserves several matters to regulation, including identifying-coat requirements, prescribed training standards, insurance requirements and fees (ss 12(4), 31, 118). Keep abreast of the relevant subordinate instruments and fees, including any waiver or refund provisions.
Document interactions and evidence. Keep written records of identity-card inspections, training test outcomes, consents, acknowledgements of consent for authorised entry, and interactions with the chief executive and authorised officers. An acknowledgement for consented entry is important evidence because s 84(7) places the onus of proof on the person relying on consent if no acknowledgement exists.
Prepare for appeals and reviews. When making adverse decisions (refusal to issue a card, immediate suspension, cancellation), comply with the Act’s information notice requirements to ensure the interested person has review rights under pt 7 (ss 68-72). Factor potential stays into operational planning.
Manage confidentiality and data protection. Criminal-history materials and other confidential information obtained in administration are tightly controlled (ss 63-66; s 113). Ensure data-handling protocols and staff training to avoid the high penalties associated with unlawful disclosure (s 66(2); s 113(1)).
Implementing these measures will not eliminate all risk. The Act vests discretionary powers in the chief executive and authorised officers and leaves some operational detail to regulation. Reasonable compliance systems should therefore mix documentary evidence, staff training, pre-approval checks and responsive procedures for show cause and review processes.
(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
(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
(c) providing a simple and consistent means of identifying properly trained guide, hearing and assistance dogs; and
(d) providing for the approval of guide, hearing and assistance dog training services.
pt.1-div.2 Interpretation
Interpretation
sec.4 Dictionary
sec.4 Dictionary
The dictionary in schedule 4 defines particular words used in this Act.
sec.5 What is a disability
sec.5 What is a disability
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.
The disability may be, but need not be, of a chronic episodic nature.
(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.
(sec.5-ssec.2) The disability may be, but need not be, of a chronic episodic nature.
(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
(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
(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.
(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.
(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
(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.
pt.2 Guide, hearing and assistance dogs in places of accommodation, public places and public passenger vehicles
Guide, hearing and assistance dogs in places of accommodation, public places and public passenger vehicles
pt.2-div.1 Preliminary
Preliminary
sec.6 Definitions for pt 2
sec.6 Definitions for pt 2
In this part—
accompanied handler means—
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
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
an approved trainer, employee trainer or puppy carer who is accompanied by a guide, hearing, assistance or trainee support dog.
s 6 def accompanied handler ins 2013 No. 58 s 36
amd 2015 No. 21 s 4 (2) – (3)
certified guide, hearing or assistance dog ...
s 6 def certified guide, hearing or assistance dog ins 2013 No. 58 s 36
om 2015 No. 21 s 4 (1)
place of accommodation includes the following—
a house or flat;
a hotel or motel;
a boarding house or hostel;
a caravan or caravan site;
a manufactured home under the Manufactured Homes (Residential Parks) Act 2003 ;
a site within the meaning of the Manufactured Homes (Residential Parks) Act 2003 , section 13 ;
a camping site.
s 6 def place of accommodation ins 2013 No. 58 s 36
public passenger vehicle means a vehicle used to transport members of the public.
bus, ferry, plane, taxi or train
public place ...
s 6 def public place om 2015 No. 21 s 4 (4)
term includes a condition, requirement or practice, whether or not written.
s 6 def term ins 2013 No. 58 s 36
(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
(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
(c) an approved trainer, employee trainer or puppy carer who is accompanied by a guide, hearing, assistance or trainee support dog.
(a) a house or flat;
(b) a hotel or motel;
(c) a boarding house or hostel;
(d) a caravan or caravan site;
(e) a manufactured home under the Manufactured Homes (Residential Parks) Act 2003 ;
(f) a site within the meaning of the Manufactured Homes (Residential Parks) Act 2003 , section 13 ;
(g) a camping site.
sec.7 Public places and public passenger vehicles to which this part applies
sec.7 Public places and public passenger vehicles to which this part applies
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.
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.
(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.
(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.
(a) a part of a health service facility mentioned in schedule 1 ;
(b) an ambulance;
(c) a part of a public place or public passenger vehicle where food is ordinarily prepared;
(d) a public place or public passenger vehicle prescribed under a regulation for this section.
(a) a risk to the health or welfare of people ordinarily at the place or on the vehicle; or
(b) for a public place—a serious risk to a plant or animal native to the place.
pt.2-div.2 Right to be accompanied by a guide, hearing or assistance dog
Right to be accompanied by a guide, hearing or assistance dog
sec.8 People with a disability may be accompanied by their guide, hearing and assistance dogs
sec.8 People with a disability may be accompanied by their guide, hearing and assistance dogs
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.
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.
s 8 amd 2013 No. 58 s 37 ; 2015 No. 21 s 5
(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.
(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.
sec.8A Alternative handler may be accompanied by primary handler and certified guide, hearing and assistance dog
sec.8A Alternative handler may be accompanied by primary handler and certified guide, hearing and assistance dog
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.
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.
s 8A ins 2015 No. 21 s 6
(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.
(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.
sec.9 Trainers and puppy carers may be accompanied by guide, hearing, assistance and trainee support dogs
sec.9 Trainers and puppy carers may be accompanied by guide, hearing, assistance and trainee support dogs
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.
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.
s 9 amd 2013 No. 58 s 38
(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.
(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.
sec.10 Lawful presence at a place or on a vehicle
sec.10 Lawful presence at a place or on a vehicle
To remove any doubt, it is declared that sections 8 , 8A and 9 do not—
affect the lawfulness of a particular person mentioned in section 8 , 8A or 9 being at a place or on a vehicle; or
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
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.
Section 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.
s 10 amd 2015 No. 21 s 7
(a) affect the lawfulness of a particular person mentioned in section 8 , 8A or 9 being at a place or on a vehicle; or
(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 o
This is an opening excerpt, not the complete document.