What it does
The Guide, Hearing and Assistance Dogs Act 2009 has two fundamental objects set out in section 3: 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 Act achieves these objects through four main mechanisms. First, it protects the right of 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, particular public places and public passenger vehicles (section 8). Second, it extends a similar right to trainers of such dogs during training activities (section 9). Third, it provides a simple and consistent means of identifying properly trained dogs through an identification procedure involving identity cards and dog apparel (section 12). Fourth, it establishes a regulatory scheme for the approval of guide, hearing and assistance dog training services (Part 3). The Act operates despite any other Act, as stated in sections 8, 8A and 9, giving its access provisions primacy over inconsistent legislation. Importantly, the right of access is not absolute: section 10 clarifies that the access provisions do not affect the lawfulness of a person being at a place, do not prevent refusal of entry for reasons other than the presence of the dog, and do not prevent lawful requirements to leave for non-dog-related reasons. The Act also creates offences for persons exercising control over accommodation, public places and public passenger vehicles who discriminate against accompanied handlers, punishable by a maximum penalty of 100 penalty units (sections 12A and 13). The certification of dogs by approved trainers is strictly regulated under Part 4, requiring that a dog passes a public access test within seven days before certification and that the dog is desexed, vaccinated, not of a prohibited breed and not declared dangerous under a local law (sections 36 to 38).