The Act defines several key concepts that underpin its operation. A “disability” under section 5 is a person’s condition attributable to an intellectual, psychiatric, cognitive, neurological, sensory or physical impairment, or the presence in the body of organisms causing illness or disease, and which 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 of a chronic episodic nature. For Part 2, the term “accompanied handler” is defined in section 6 to include a person with a disability accompanied by their certified guide, hearing or assistance dog; an alternative handler accompanied by a primary handler and the primary handler’s certified dog for which the alternative handler holds a handler’s identity card; and an approved trainer, employee trainer or puppy carer accompanied by a guide, hearing, assistance or trainee support dog. A “place of accommodation” includes a house, flat, hotel, motel, boarding house, hostel, caravan or caravan site, a manufactured home within the meaning of the Manufactured Homes (Residential Parks) Act 2003, a site under that Act section 13, and a camping site. A “public passenger vehicle” is defined broadly as a vehicle used to transport members of the public, with examples including a bus, ferry, plane, taxi or train. However, the Act in section 7 excludes from its application any part of a health service facility mentioned in schedule 1, an ambulance, any part of a public place or public passenger vehicle where food is ordinarily prepared, and any place or vehicle prescribed by regulation. The Minister may recommend such a regulation only if satisfied that the presence of a dog would be a risk to health or welfare of people, or for a public place a serious risk to a native plant or animal. The “identification procedure” under section 12 requires a handler to have their identity card displayed clearly visible or available for inspection if asked, and to ensure the dog is wearing the appropriate harness or identifying coat. A guide dog must wear a harness or identifying coat; an assistance dog an identifying coat; and a hearing or trainee support dog a harness or identifying coat. The identity card must be a primary handler’s identity card, an alternative handler’s identity card, or a trainer’s identity card as applicable. The Act also creates the concept of a “public access test” under section 35, which is a test approved by the chief executive to assess whether a guide, hearing or assistance dog is safe and effective in public and able to be controlled by the primary handler, or by the primary handler with the support of an alternative handler. The chief executive must keep copies of each public access test available for inspection free of charge at the department’s head office and regional offices and publish the test on the department’s website.

The Act affects a broad range of persons and entities. Primarily, it benefits people with a disability who rely on a guide, hearing or assistance dog to reduce their need for support. Such persons are eligible for a primary handler’s identity card under section 40 if they reasonably require the dog and are able to physically control the dog (subject to exceptions where an alternative handler’s card is in effect). The Act also affects alternative handlers, defined as adults who support a primary handler by physically controlling the dog, and who may obtain an alternative handler’s identity card under section 41. Puppy carers, employee trainers and approved trainers are also directly affected, as they enjoy access rights under section 9 while accompanied by the relevant dogs. Persons exercising control of places of accommodation, public places and public passenger vehicles bear the primary obligations under the Act: they must not refuse entry, service or accommodation based on the presence of a certified dog, must not impose terms that separate a person from their dog, and must not charge extra fees for the dog’s presence (sections 12A and 13). This group includes owners, managers, operators, and anyone purporting to control access to or delivery of services in such venues. The Act also regulates approved trainers and approved training institutions, who must apply for approval under Part 3, undergo periodic review every three years (section 21), comply with prescribed requirements (section 31), and disclose changes in criminal history (section 60). A corporation may apply for approval as an approved training institution in one or more categories of guide dog trainer, hearing dog trainer, or assistance dog trainer (section 15). Employee trainers of approved training institutions must also disclose their criminal history and any changes (sections 59 and 60). The chief executive of the department is the primary administrative decision maker, responsible for granting, suspending and cancelling approvals and identity cards, and for appointing authorised officers. Authorised officers, typically public service employees with necessary expertise or experience, are empowered under Part 8 to enter places, require information, demand names and addresses, and investigate offences. The Act also affects the Queensland Police Service, whose commissioner must provide criminal history reports when requested by the chief executive under section 62. Finally, the Act has implications for the Queensland Civil and Administrative Tribunal (QCAT), which reviews decisions under Part 7, and for courts handling summary proceedings for offences under section 103.

The Act confers important rights and imposes corresponding duties on different classes of persons. For persons with a disability, the core right is found in section 8: despite any other Act, they may be accompanied by their certified guide, hearing or assistance dog in a place of accommodation, public place or public passenger vehicle, and they do not commit an offence merely by taking the dog into such places. Similarly, section 8A provides that an alternative handler may be accompanied by a primary handler and the primary handler’s certified dog in those locations, provided the alternative handler holds a handler’s identity card for that dog. Section 9 extends the same right to approved trainers, employee trainers and puppy carers when accompanied by a guide, hearing, assistance or trainee support dog. However, these rights are conditional on compliance with the identification procedure. Section 12 requires the handler to have their identity card displayed clearly visible or available for inspection if asked, and to ensure the dog is wearing the correct identifying coat or harness. A person is taken not to comply if their identity card is suspended, cancelled or expired (section 12(3)). The duty to comply with the identification procedure is expressly tied to the obligations of persons exercising control. For example, section 12A(2) requires an accompanied handler to comply with the identification procedure when making a reservation or arriving at a place of accommodation. For persons exercising control of places of accommodation, section 12A creates a strict duty not to refuse to rent accommodation because the handler would be accompanied by a dog; not to impose terms requiring extra charges, separation of the person from the dog, or refusal of entry to parts of the place. The maximum penalty is 100 penalty units. For public places and public passenger vehicles, section 13 similarly prohibits refusal of entry, refusal of service, or imposition of a term separating a person from their dog. A defence is available if the person proves the contravention was for a reason that was reasonable in the circumstances and did not relate to the handler being accompanied by the dog (section 13(2)). Importantly, both sections 12A(5) and 13(3) preserve any right of action under the Anti-Discrimination Act 1991 or the Disability Discrimination Act 1992 (Cwlth). For approved trainers and training institutions, key duties include notifying the chief executive of changes in address or other prescribed matters within 14 days (section 32), providing criminal history consents for new employee trainers within 14 days (section 32(2)), and complying with prescribed requirements under section 31. Failure to comply with these duties is a ground for immediate suspension or cancellation of approval under section 25. Handlers also have duties to return identity cards within one month after cancellation, death or retirement of the dog, or cessation of the alternative handler relationship (section 51).

The Act establishes a comprehensive enforcement regime with escalating penalties and administrative sanctions. The most significant penalties relate to discrimination by persons exercising control of places. For places of accommodation, contravening section 12A attracts a maximum penalty of 100 penalty units. The same maximum applies for contraventions of section 13 regarding public places and public passenger vehicles. Other offences include failure by an approved training institution to provide a criminal history consent for a new employee trainer within 14 days - maximum 20 penalty units (section 32(2)). Offences relating to false or misleading statements or documents to the chief executive or an authorised officer carry a maximum of 100 penalty units (sections 95 and 96). Obstructing an authorised officer in the exercise of a power attracts 100 penalty units (section 97). Impersonating an authorised officer also carries 100 penalty units (section 98). Failure to comply with an authorised officer’s requirement to give reasonable help, answer questions, or provide name and address each attract 50 penalty units (sections 86, 87, 89). Unauthorised persons holding themselves out as approved trainers face 100 penalty units (section 33). Breach of confidentiality regarding criminal history information obtained under Part 6 carries a maximum of 100 penalty units or 2 years imprisonment (section 66). For breaches of confidentiality of other information under section 113, the maximum is 100 penalty units. Failure to return an identity card for a handler (cancelled or upon dog’s death/retirement) carries 2 penalty units (section 51). An approved trainer failing to return their identity card upon cancellation or surrender faces 20 penalty units (section 55). Beyond monetary penalties, the Act provides administrative enforcement through immediate suspension or cancellation of approvals and identity cards. Grounds for immediate suspension or cancellation of a trainer’s or institution’s approval under section 25 include no longer being suitable for approval, contravening prescribed requirements or the Act, employing an unsuitable person, intentionally or recklessly certifying a dog that has not or should not have passed a public access test, or obtaining approval through false or misleading representations. Immediate suspension under section 26 may be for up to three months if necessary to prevent or control harm to a person or animal. Cancellation follows a show cause process under section 27 with a minimum 21-day notice period. Similarly, handler’s identity cards may be immediately suspended or cancelled under sections 46 to 48. Grounds for suspension or cancellation include the dog being a risk to health or welfare, false certification or application, the handler no longer relying on the dog, or for alternative handlers, cessation of the supporting relationship. Cancellation of a handler’s card also requires a show cause notice with at least 28 days for representations (section 48(3)). Authorised officers under Part 8 have extensive powers to enforce the Act: they may enter places with consent, under warrant, or when places are open to the public or for business (section 83). They may require name and address, require information, inspect documents, and require answers. Failure to comply with lawful requirements is an offence. Warrants are issued by a magistrate on reasonable grounds that evidence of an offence exists (section 84B). The Act also provides for compensation for loss or expense caused by the exercise or purported exercise of enforcement powers (section 94).

The Act explicitly overrides other legislation. Sections 8, 8A and 9 each begin with the phrase “Despite any other Act”, giving the access rights primacy over inconsistent state laws. This ensures that a person with a disability accompanied by a certified dog cannot be refused access under, for example, local government by-laws or health regulations that might otherwise prohibit animals in certain places. However, the Act does not override Commonwealth legislation. Sections 12A(5) and 13(3) expressly preserve the right of a person with a disability to also bring an action under the Anti-Discrimination Act 1991 (Queensland) or the Disability Discrimination Act 1992 (Cwlth). This means the Act operates as an additional layer of protection, not as a replacement for anti-discrimination laws. In the certification provisions for guide, hearing and assistance dogs, sections 36 to 38 require that the dog must not be of a breed prohibited from importation into Australia under the Customs Act 1901 (Cwlth). This cross-reference to Commonwealth import controls ensures consistency in dangerous breed policies. The Act also interacts with local government laws: a dog that has been declared a dangerous dog under a local law cannot be certified (sections 36(e), 37(e), 38(e)). This preserves the operation of local council dangerous dog declarations. Regarding procedural matters, the Act incorporates the QCAT Act for review of decisions. Section 72 allows applications to QCAT for review of reviewed decisions, and section 70 permits applications to the tribunal for a stay of a decision. Evidentiary provisions in Part 9 rely on the Justices Act 1886 for summary proceedings (section 103). The Acts Interpretation Act 1954 part 10 is referenced in section 116 regarding service of documents. The Act also contains a protection from liability provision in section 115: an official (chief executive, authorised officer, public service employee) is not civilly liable for acts done honestly and without negligence; any liability attaches instead to the State. This mirrors common protections in regulatory legislation. The confidentiality provisions in Part 6 Division 5 and section 113 restrict use and disclosure of information obtained under the Act, but allow disclosure for administering the Act, discharging a function under another law, court or tribunal proceedings, or protecting persons or animals from abuse, neglect or exploitation. The Act also interacts with corporations law via section 105, which makes a corporation responsible for acts or omissions of its representatives within the scope of actual or apparent authority, unless the corporation proves it could not have prevented the act or omission by reasonable diligence. This aligns with standard corporate criminal responsibility principles. The regulation-making power under section 118 allows the Governor in Council to prescribe fees and other matters, giving the Act flexibility to be updated via subordinate legislation.

The Act was originally enacted in 2009 (Act No. 4 of 2009) and has been amended multiple times. The most significant amendments were made by the Guide, Hearing and Assistance Dogs Amendment Act 2015 (No. 21 of 2015), which substantially restructured the handler identity card system. Previously, handler’s identity cards were issued by the chief executive; the 2015 amendments transferred that responsibility to approved trainers and approved training institutions (sections 42 and 45A). The 2015 amendments also introduced the concept of the “alternative handler” (section 8A) and the alternative handler’s identity card (section 41), allowing a person who physically controls the dog on behalf of the primary handler to obtain a card. Section 40 was amended to allow a person who cannot physically control the dog to still be eligible for a primary handler’s identity card if an alternative handler’s card is in effect. Several sections were omitted by the 2015 amendments, including former sections 6 definition of “certified guide, hearing or assistance dog”, former section 43 (applications for handler’s identity card), former sections 50, 106, 107, 108, 109, 110, 111, and 112. The 2015 amendments also inserted new sections 45A (record of handler’s identity cards), 89A (general power to require information), and 84A-84D (warrant provisions). The review provisions in Part 7 were updated, and a new section 16 was substituted regarding the chief executive’s power to consult. Earlier amendments were made by Act No. 58 of 2013, which inserted the original section 12A (obligations of persons exercising control of places of accommodation) and inserted the definition of “accompanied handler”. The 2013 amendments also updated various penalty provisions. An amending Act of 2009 (No. 24) updated references to the QCAT Act and removed section 67’s defined term “reviewed decision notice”. More recently, the Act was amended by the 2024 No. 17 Act, which updated sections 36, 37 and 38 to add requirements that a dog must not be a breed prohibited from importation under the Customs Act 1901 (Cwlth), must be desexed and vaccinated, and must not have been declared a dangerous dog under a local law. The transitional provisions in Part 12 Division 2 originally deemed certain pre-existing institutions as approved training institutions, including Guide Dogs Queensland, Guide Dogs Victoria, and others. The 2015 transitional provisions (Division 3) provided for applications for handler’s identity cards made before the commencement but not decided, and preserved the term of existing cards.

The Act itself does not cite any specific case law, and its annotation does not list any judicial decisions. The litigation framework is procedural rather than substantive. Part 7 establishes a two-tier review process for reviewable decisions. Under section 68, reviewable decisions include: the chief executive’s decisions to impose conditions on or refuse an approval, immediately suspend or cancel an approval, and immediately suspend or cancel a handler’s identity card; and decisions of an approved trainer or approved training institution to refuse to issue a handler’s identity card, or to suspend or cancel such a card. The interested person (the person required to be given an information notice about the decision) may first apply to the chief executive for internal review under section 69, within 28 days of receiving the information notice, or in any case if no information notice was given. The application must be in the approved form with sufficient information. While an application for internal review does not stay the decision, the chief executive may grant a stay before the decision takes effect, and the applicant may also apply to QCAT for a stay (section 70). The chief executive must within 28 days make a reviewed decision confirming, amending or substituting the original decision; failure to decide within 28 days results in a deemed confirmation of the original decision (section 71). After the internal review, the interested person may apply to QCAT under section 72 for review of the reviewed decision, as provided under the QCAT Act. The application must be accompanied by the reviewed decision notice if one was received. This means that any challenge to a decision under the Act ultimately goes to QCAT, not to a court, unless it involves a criminal prosecution under the Justices Act 1886. There is no provision for appeals to higher courts within the Act itself, though QCAT decisions may be appealable on questions of law under the QCAT Act. The Act also provides for summary proceedings for offences under section 103, with a limitation period of one year after commission or six months after the offence comes to the complainant’s knowledge (within two years of commission). The evidentiary provisions in sections 100 to 102 create presumptions about appointments and authority, and allow certificates signed by the chief executive to be evidence of certain matters. Section 105 makes a person responsible for acts or omissions of their representatives (employees or agents) unless they prove they could not have prevented the act or omission with reasonable diligence. Section 104 simplifies pleading false or misleading information by allowing a charge to state “false or misleading” without specifying which. No reported cases are mentioned in the Act text.

Several provisions in the Act contain traps for the unwary. The identification procedure under section 12 is mandatory for the exercise of access rights. If a handler does not comply - for example by failing to display their identity card clearly or not having it available for inspection when requested - they lose the protection of sections 8, 8A and 9. Furthermore, section 12(3) provides that a person is taken not to comply if their identity card is suspended, cancelled or expired. This means an expired card is as if no card existed, and the handler cannot rely on the access rights until they obtain a new card. Section 10 contains an important clarification: the Act does not prevent lawful refusal of entry for any reason other than the presence of the dog. For example, a person could be refused entry to a public place because they are intoxicated or disruptive, even if they have a guide dog. Similarly, a person can be lawfully required to leave for reasons such as the shopping centre closing, as the example in section 10(2) illustrates. The defence under section 13(2) for persons exercising control of public places and vehicles is a trap: they must prove that their contravention was for a reason that was reasonable in the circumstances and did not relate to the handler being accompanied by the dog. This places the burden of proof on the person who discriminated, not on the handler. In accommodation settings, section 12A(3) provides a defence if the person exercising control proves that the accompanied handler did not comply with the identification procedure. So a failure by the handler to present their card when making a reservation or arriving at the accommodation can defeat a discrimination claim. A key trap for trainers: section 39 provides that 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. Self-certification is expressly prohibited. For certification of dogs, sections 36 to 38 require that the dog must have passed a public access test conducted within seven days before being certified. This seven-day window is strict and cannot be extended. Additionally, the dog must not be of a breed prohibited from importation into Australia under the Customs Act 1901 (Cwlth), must be desexed and vaccinated, and must not have been declared a dangerous dog under a local law. These cumulative conditions mean that even a well-trained dog may not be certifiable if it falls into any of those categories. Another hidden trap: the Act excludes certain areas from its application. Section 7 excludes any part of a health service facility mentioned in schedule 1, an ambulance, any part of a public place or public passenger vehicle where food is ordinarily prepared, and any place or vehicle prescribed by regulation. Handlers cannot rely on the Act in food preparation areas - for example, behind a restaurant counter or in a commercial kitchen. Section 12A(4) similarly excludes from the prohibition on terms separating a person from their dog any term that would result in refusal of entry to a part of a place of accommodation where food is ordinarily prepared for consumption by residents or the public. For approved trainers and institutions, the obligation to notify the chief executive of changes is surprisingly broad: section 32(1) requires notice of any change in address or a matter prescribed under a regulation, within 14 days. Failure is a ground for immediate suspension or cancellation of approval. The criminal history disclosure obligations in sections 59 and 60 are also strict: employee trainers must disclose their complete criminal history immediately after starting employment, and any change must be disclosed immediately. A change includes acquiring a criminal history where none existed before (section 60(2)). The term “immediately” suggests no delay is permitted. For handler’s identity cards, section 51 requires return of the card within one month after cancellation, death or retirement of the dog, or cessation of the alternative handler relationship. Failure carries a 2 penalty unit fine, but more importantly, retaining the card could lead to misuse or confusion. The Act also contains a trap regarding the use of facsimile transmission for service of documents (section 116). A document is taken to have been given on the day it is transmitted, regardless of whether it is actually received or read. This is particularly relevant for time-sensitive notices like show cause notices. Finally, section 105 on corporate responsibility means that an approved training institution can be liable for the acts of its employee trainers even if the institution did not specifically authorise the conduct, unless it proves it could not have prevented it by reasonable diligence.

For a person with a disability who relies on a certified guide, hearing or assistance dog, compliance begins with obtaining the correct identification. The handler must apply to an approved trainer or approved training institution for a primary handler’s identity card (section 42). They must satisfy the trainer that they are eligible under section 40: they reasonably require the dog and are able to physically control it (unless an alternative handler’s card is in effect). The card must contain a photo of the handler and dog and comply with regulatory requirements (section 45). The handler must carry the card at all times when accompanied by the dog in public. They have two options to satisfy the identification procedure under section 12: either display the card clearly visible (for example, on a lanyard) or have it available for immediate inspection if asked. Additionally, the dog must be wearing the correct identifying equipment: for a guide dog - a harness or identifying coat; for an assistance dog - an identifying coat; for a hearing or trainee support dog - a harness or identifying coat. The identifying coat must identify the dog as a guide, hearing, assistance or trainee support dog and comply with any regulatory requirements. The handler must ensure the identity card does not expire; if it does, they must apply for a new one before exercising access rights. If the dog dies, retires, or the handler no longer relies on it, they must return the card to the chief executive within one month. For alternative handlers, they must hold an alternative handler’s identity card issued by an approved trainer or institution based on the primary handler’s reliance on them to physically control the dog (section 41). For persons exercising control of a place of accommodation, compliance requires training staff to recognise and not refuse accommodation to an accompanied handler who presents a valid identity card and whose dog is correctly attired. The accommodation provider must not impose any term that results in an extra charge for the dog, separation of the person from the dog, or refusal of entry to parts of the place (except food preparation areas). They should not require the handler to leave the dog outside or in a separate room. If a handler fails to present their card when making a reservation or arriving, the provider may have a defence (section 12A(3)), so staff should politely request to see the identity card and confirm the dog’s identification. For persons exercising control of public places and public passenger vehicles, compliance involves not refusing entry or service to an accompanied handler who is complying with the identification procedure, and not separating the person from the dog. If a handler is not complying (for example, no card displayed or dog not wearing correct gear), the controller may lawfully refuse entry or service for that reason, but they should not refuse for any reason related to the dog if the handler later produces the card when asked. The controller should also ensure that any other reason for refusal (such as unruly behaviour) is genuinely unrelated to the dog. For approved trainers and approved training institutions, compliance begins with obtaining approval from the chief executive (Part 3). The applicant must demonstrate suitability under section 14: ability to train reliable dogs that perform identifiable physical tasks and are safe in public, ability to select dogs meeting individual needs, and ability to provide ongoing support. Criminal history checks are mandatory for the trainer and for all employee trainers. Once approved, the trainer must comply with prescribed requirements under section 31, which a regulation may specify regarding service delivery, record keeping, insurance, and accreditation. The trainer must issue identity cards only to eligible persons (section 42) and keep a record of all issued cards (section 45A). The trainer must notify the chief executive of any change of address within 14 days (section 32). For approved training institutions, they must collect identity cards from former employee trainers and puppy carers as soon as practicable after they stop working (section 57). Criminal history must be disclosed by the trainer and by employee trainers immediately upon starting work and whenever their criminal history changes (sections 59, 60). The chief executive will review approvals every three years (section 21); the trainer must cooperate by providing requested documents within 28 days. If the trainer intends to certify a dog, they must ensure the dog passes a public access test within seven days before certification, is not of a prohibited breed, is desexed and vaccinated, and not a declared dangerous dog (sections 36-38). The trainer must not certify their own dog if they are also the person relying on it (section 39). Overall, the key to compliance is maintaining valid identification, displaying it correctly, and ensuring the dog is properly attired at all times when in places covered by the Act.