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This is a Bill, not an Act. For current law, see the Acts databases.
Queensland
Guide, Hearing and
Assistance Dogs Bill 2008
Queensland
Guide, Hearing and Assistance Dogs Bill
2008
Contents
Page
Part 1 Preliminary
Division 1 Introduction
1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
2 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
3 Objects of Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
Division 2 Interpretation
4 Dictionary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
5 What is a disability . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
Part 2 Guide, hearing and assistance dogs in public places and
public passenger vehicles
Division 1 Preliminary
6 Definitions for pt 2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
7 Public places and public passenger vehicles to which this part
applies .......................................... 10
Division 2 Right to be accompanied by a guide, hearing or assistance
dog
8 People with a disability may be accompanied by their guide,
hearing and assistance dogs . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
9 Trainers and puppy carers may be accompanied by guide,
hearing, assistance and trainee support dogs . . . . . . . . . . . . . . . 11
10 Lawful presence at a place or on a vehicle . . . . . . . . . . . . . . . . . 12
Division 3 Obligations of persons exercising control of public places
and public passenger vehicles
11 Who is a person exercising control of a public place or public
passenger vehicle. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
12 Identification procedure for handlers and trainers . . . . . . . . . . . . 13
13 Obligations of persons exercising control of public places and
public passenger vehicles . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
Guide, Hearing and Assistance Dogs Bill 2008
Contents
Part 3 Trainers of guide, hearing and assistance dogs
Division 1 Approval of trainers of guide, hearing and assistance dogs
14 Who is suitable for approval . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
15 Application for approval . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
16 Submissions from advisory committee. . . . . . . . . . . . . . . . . . . . . 17
17 Decision on application for approval. . . . . . . . . . . . . . . . . . . . . . . 17
18 Notification of decision . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
19 Approval remains in force unless immediately suspended,
cancelled or surrendered . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
Division 2 Review of approval
20 Definitions for div 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
21 Review of approval . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
22 Submissions from advisory committee. . . . . . . . . . . . . . . . . . . . . 20
23 Decision on review . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
Division 3 Immediate suspension, cancellation and voluntary
surrender of approval
Subdivision 1 Preliminary
24 Definitions for div 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
25 Grounds for immediate suspension or cancellation of approval . . 22
Subdivision 2 Immediate suspension
26 Immediate suspension of approval. . . . . . . . . . . . . . . . . . . . . . . . 23
Subdivision 3 Cancellation
27 Show cause process . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
28 Ending show cause process without further action . . . . . . . . . . . 24
29 Cancellation of approval . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24
Subdivision 4 Voluntary surrender of approval
30 Voluntary surrender of approval . . . . . . . . . . . . . . . . . . . . . . . . . . 25
Division 4 Prescribed requirements
31 Prescribed requirements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25
Division 5 Other matters
32 Approved trainers and approved training institutions must give
notice of change . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26
33 Claims by persons about approval . . . . . . . . . . . . . . . . . . . . . . . . 27
Part 4 Certification of guide, hearing and assistance dogs
Division 1 Interpretation
34 Definitions for pt 4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27
35 Public access test. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28
Page 2
Guide, Hearing and Assistance Dogs Bill 2008
Contents
Division 2 Certification of guide, hearing and assistance dogs
36 Certification of guide dogs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28
37 Certification of hearing dogs . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29
38 Certification of assistance dogs . . . . . . . . . . . . . . . . . . . . . . . . . . 29
39 Approved or employee trainer must not certify own dog . . . . . . . 30
Part 5 Identity cards for handlers, trainers and puppy carers
Division 1 Identity cards for handlers
Subdivision 1 Issue of handlers' identity cards
40 Eligibility for handler's identity card. . . . . . . . . . . . . . . . . . . . . . . . 30
41 Application for handler's identity card . . . . . . . . . . . . . . . . . . . . . . 31
42 Term of handler's identity card . . . . . . . . . . . . . . . . . . . . . . . . . . . 32
43 Notice of expiry of handler's identity card. . . . . . . . . . . . . . . . . . . 32
Subdivision 2 Immediate suspension, cancellation and voluntary
surrender of handlers' identity cards
44 Grounds for immediate suspension or cancellation of handler's
identity card . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32
45 Immediate suspension of handler's identity card . . . . . . . . . . . . . 33
46 Cancellation of handler's identity card . . . . . . . . . . . . . . . . . . . . . 33
47 Voluntary surrender of handler's identity card . . . . . . . . . . . . . . . 34
Subdivision 3 Other matters
48 Replacement of handler's identity card . . . . . . . . . . . . . . . . . . . . 34
49 Return of handler's identity card. . . . . . . . . . . . . . . . . . . . . . . . . . 35
Division 2 Identity cards for approved trainers
50 Issue of identity card for approved trainer . . . . . . . . . . . . . . . . . . 35
51 Term of identity card for approved trainer . . . . . . . . . . . . . . . . . . . 36
52 Replacement of identity card for approved trainer . . . . . . . . . . . . 36
53 Return of identity card for approved trainer . . . . . . . . . . . . . . . . . 36
Division 3 Identity cards for employee trainers and puppy carers
54 Issue of identity card for employee trainer or puppy carer . . . . . . 37
55 Return of identity card for employee trainer or puppy carer . . . . . 37
Part 6 Screening of approved and employee trainers
Division 1 Preliminary
56 Main purpose of pt 6. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38
Division 2 Disclosure of criminal history
57 Employee trainers must disclose criminal history. . . . . . . . . . . . . 38
58 Approved and employee trainers must disclose changes
in criminal history . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38
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Guide, Hearing and Assistance Dogs Bill 2008
Contents
59 Requirements for disclosure. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39
Division 3 Chief executive may obtain report about criminal history
60 Chief executive may obtain report from commissioner of the
police service . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39
Division 4 Use of information
61 Person to be advised of information obtained . . . . . . . . . . . . . . . 40
62 Use of information obtained under this part . . . . . . . . . . . . . . . . . 40
Division 5 Controls on information
63 Guidelines for dealing with information. . . . . . . . . . . . . . . . . . . . . 41
64 Confidentiality of information about criminal history . . . . . . . . . . . 41
Part 7 Reviews and appeals
Division 1 Interpretation
65 Definitions for pt 7. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42
Division 2 Reviewable decisions
66 Reviewable decisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42
Division 3 Review of decision
67 Application for review . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43
68 Stay of operation of original decision . . . . . . . . . . . . . . . . . . . . . . 44
69 Review decision . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44
Division 4 Appeal against reviewed decision
70 Appeal against reviewed decision . . . . . . . . . . . . . . . . . . . . . . . . 45
71 Appeal is by way of rehearing . . . . . . . . . . . . . . . . . . . . . . . . . . . 45
Part 8 Monitoring and enforcement
Division 1 Preliminary
72 Purpose of pt 8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46
Division 2 Authorised officers
73 Powers generally . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 47
74 Appointment and qualifications . . . . . . . . . . . . . . . . . . . . . . . . . . 47
75 Appointment conditions and limit on powers . . . . . . . . . . . . . . . . 47
76 Issue of identity card . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 47
77 Production or display of identity card . . . . . . . . . . . . . . . . . . . . . . 48
78 When authorised officer ceases to hold office . . . . . . . . . . . . . . . 48
79 Resignation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 49
80 Return of identity card . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 49
Page 4
Guide, Hearing and Assistance Dogs Bill 2008
Contents
Division 3 Powers of authorised officers
Subdivision 1 Entry of places
81 Power to enter places . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 49
Subdivision 2 Procedure for entry
82 Entry with consent . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50
Subdivision 3 Powers after entry
83 General powers after entering a place . . . . . . . . . . . . . . . . . . . . . 51
84 Failure to help authorised officer . . . . . . . . . . . . . . . . . . . . . . . . . 52
85 Failure to answer questions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 52
Subdivision 4 Power to obtain information
86 Power to require name and address. . . . . . . . . . . . . . . . . . . . . . . 52
87 Failure to give name or address . . . . . . . . . . . . . . . . . . . . . . . . . . 53
88 Power to require particular information or inspect documents . . . 53
89 Powers relating to production of documents. . . . . . . . . . . . . . . . . 54
90 Failure to give information or produce or certify document . . . . . 54
Division 4 Other matters
91 Notice of damage . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 55
92 Compensation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 56
93 False or misleading statements . . . . . . . . . . . . . . . . . . . . . . . . . . 56
94 False or misleading documents . . . . . . . . . . . . . . . . . . . . . . . . . . 56
95 Obstructing an authorised officer . . . . . . . . . . . . . . . . . . . . . . . . . 57
96 Impersonation of an authorised officer . . . . . . . . . . . . . . . . . . . . . 57
Part 9 Legal proceedings
Division 1 Application
97 Application of pt 9. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 58
Division 2 Evidence
98 Appointments and authority . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 58
99 Signatures . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 58
100 Evidentiary provisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 58
Division 3 Proceedings
101 Summary proceedings for offences . . . . . . . . . . . . . . . . . . . . . . . 59
102 Allegations of false or misleading information or document . . . . . 59
103 Responsibility for acts or omissions of representative . . . . . . . . . 60
104 Executive officers must ensure corporation complies with Act. . . 61
Part 10 Advisory committee
105 Establishment of advisory committee. . . . . . . . . . . . . . . . . . . . . . 61
Page 5
Guide, Hearing and Assistance Dogs Bill 2008
Contents
106 Membership of advisory committee . . . . . . . . . . . . . . . . . . . . . . . 61
107 Functions of advisory committee . . . . . . . . . . . . . . . . . . . . . . . . . 62
108 Investigations by advisory committee. . . . . . . . . . . . . . . . . . . . . . 63
109 Dissolution of advisory committee . . . . . . . . . . . . . . . . . . . . . . . . 63
110 Other matters . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 63
Part 11 Miscellaneous
111 Confidentiality of other information. . . . . . . . . . . . . . . . . . . . . . . . 63
112 Delegation by chief executive . . . . . . . . . . . . . . . . . . . . . . . . . . . . 64
113 Protecting officials from liability . . . . . . . . . . . . . . . . . . . . . . . . . . 65
114 Service of documents. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 65
115 Approval of forms . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 66
116 Regulation making power . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 66
Part 12 Repeal and transitional provisions
Division 1 Repeal
117 Repeal of Guide Dogs Act 1972. . . . . . . . . . . . . . . . . . . . . . . . . . 66
118 Repeal of Legacy Trust Fund Act 2001 . . . . . . . . . . . . . . . . . . . . 66
Division 2 Transitional provisions
119 Definitions for div 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 67
120 Certain institutions taken to be approved training institutions . . . 67
121 Certain guide or hearing dogs may be certified . . . . . . . . . . . . . . 67
Part 13 Amendment of other Acts
122 Amendment of Acts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 68
Schedule 1 Parts of a health service facility exempt from part 2 . . . . . . . 69
Schedule 2 Amendments of the Anti-Discrimination Act 1991 . . . . . . . . . 70
Anti-Discrimination Act 1991 . . . . . . . . . . . . . . . . . . . . . . . . . . . . 70
Schedule 3 Consequential amendments . . . . . . . . . . . . . . . . . . . . . . . . . . 72
Body Corporate and Community Management Act 1997. . . . . . . 72
Building Units and Group Titles Act 1980. . . . . . . . . . . . . . . . . . . 73
Commercial and Consumer Tribunal Act 2003 . . . . . . . . . . . . . . . 74
Criminal Code. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 74
Motor Racing Events Act 1990 . . . . . . . . . . . . . . . . . . . . . . . . . . . 74
Recreation Areas Management Act 2006 . . . . . . . . . . . . . . . . . . 75
South Bank Corporation Act 1989 . . . . . . . . . . . . . . . . . . . . . . . . 76
Schedule 4 Dictionary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 77
Page 6
2008
A Bill
for
An Act to make provision to allow persons with a disability to
be accompanied by guide, hearing and assistance dogs at
certain places and for related purposes, and to repeal the
Legacy Trust Fund Act 2001
Guide, Hearing and Assistance Dogs Bill 2008
Part 1 Preliminary
[s 1]
The Parliament of Queensland enacts-- 1
Part 1 Preliminary 2
Division 1 Introduction 3
1 Short title 4
This Act may be cited as the Guide, Hearing and Assistance 5
Dogs Act 2008. 6
2 Commencement 7
This Act commences on a day to be fixed by proclamation. 8
3 Objects of Act 9
(1) The objects of this Act are-- 10
(a) to assist people with a disability who rely on guide, 11
hearing or assistance dogs to have independent access to 12
the community; and 13
(b) to ensure the quality and accountability of guide, 14
hearing and assistance dog training services. 15
(2) The objects are mainly achieved by-- 16
(a) protecting the right of people with a disability who rely 17
on guide, hearing or assistance dogs to be accompanied 18
by the person's guide, hearing or assistance dog in 19
particular public places and public passenger vehicles; 20
and 21
(b) protecting the right of trainers of guide, hearing and 22
assistance dogs to be accompanied by the dogs in 23
particular public places and public passenger vehicles; 24
and 25
Page 8
Guide, Hearing and Assistance Dogs Bill 2008
Part 1 Preliminary
[s 4]
(c) providing a simple and consistent means of identifying 1
properly trained guide, hearing and assistance dogs; and 2
(d) providing for the approval of guide, hearing and 3
assistance dog training services. 4
Division 2 Interpretation 5
4 Dictionary 6
The dictionary in schedule 4 defines particular words used in 7
this Act. 8
5 What is a disability 9
(1) A disability is a person's condition that-- 10
(a) is attributable to-- 11
(i) an intellectual, psychiatric, cognitive, neurological, 12
sensory or physical impairment; or 13
Examples-- 14
a vision or hearing impairment 15
(ii) the presence in the person's body of organisms 16
causing illness or disease; and 17
(b) results in-- 18
(i) a reduction of the person's capacity for 19
communication, social interaction, learning, 20
mobility or self care or management; and 21
(ii) the person needing support. 22
(2) The disability may be, but need not be, of a chronic episodic 23
nature. 24
Page 9
Guide, Hearing and Assistance Dogs Bill 2008
Part 2 Guide, hearing and assistance dogs in public places and public passenger vehicles
[s 6]
Part 2 Guide, hearing and assistance 1
dogs in public places and 2
public passenger vehicles 3
Division 1 Preliminary 4
6 Definitions for pt 2 5
In this part-- 6
public passenger vehicle means a vehicle used to transport 7
members of the public. 8
Examples-- 9
bus, ferry, plane, taxi or train 10
public place means a place that the public is entitled to use, is 11
open to the public or is used by the public, whether or not on 12
payment of money. 13
Examples-- 14
beach, restaurant or shopping centre 15
7 Public places and public passenger vehicles to which 16
this part applies 17
(1) This part applies to any public place or public passenger 18
vehicle, other than the following-- 19
(a) a part of a health service facility mentioned in schedule 20
1; 21
(b) an ambulance; 22
(c) a part of a public place or public passenger vehicle 23
where food is ordinarily prepared; 24
(d) a public place or public passenger vehicle prescribed 25
under a regulation for this section. 26
(2) The Minister may recommend the making of a regulation 27
under subsection (1)(d) only if the Minister is satisfied that the 28
Page 10
Guide, Hearing and Assistance Dogs Bill 2008
Part 2 Guide, hearing and assistance dogs in public places and public passenger vehicles
[s 8]
presence of a dog in the public place or public passenger 1
vehicle would be-- 2
(a) a risk to the health or welfare of people ordinarily at the 3
place or on the vehicle; or 4
(b) for a public place--a serious risk to a plant or animal 5
native to the place. 6
Division 2 Right to be accompanied by a 7
guide, hearing or assistance dog 8
8 People with a disability may be accompanied by their 9
guide, hearing and assistance dogs 10
(1) Despite any other Act, a person with a disability who relies on 11
a guide, hearing or assistance dog to reduce the person's need 12
for support may be accompanied by the guide, hearing or 13
assistance dog in a public place or public passenger vehicle. 14
(2) Also, a person with a disability who relies on a guide, hearing 15
or assistance dog to reduce the person's need for support does 16
not commit an offence merely by taking the guide, hearing or 17
assistance dog into a public place or public passenger vehicle. 18
9 Trainers and puppy carers may be accompanied by 19
guide, hearing, assistance and trainee support dogs 20
(1) Despite any other Act, an approved trainer, employee trainer 21
or puppy carer may be accompanied by a guide, hearing, 22
assistance or trainee support dog in a public place or public 23
passenger vehicle. 24
(2) Also, an approved trainer, employee trainer, or puppy carer 25
does not commit an offence merely by taking a guide, hearing, 26
assistance or trainee support dog into a public place or public 27
passenger vehicle. 28
Page 11
Guide, Hearing and Assistance Dogs Bill 2008
Part 2 Guide, hearing and assistance dogs in public places and public passenger vehicles
[s 10]
10 Lawful presence at a place or on a vehicle 1
To remove any doubt, it is declared that sections 8 and 9 do 2
not-- 3
(a) affect the lawfulness of a particular person mentioned in 4
section 8 or 9 being at a place or on a vehicle; or 5
(b) prevent a person from lawfully refusing entry, to a place 6
or vehicle, to another person accompanied by a guide, 7
hearing, assistance or trainee support dog for any reason 8
other than the other person being accompanied by a 9
guide, hearing, assistance or trainee support dog; or 10
(c) prevent a person from lawfully requiring another person 11
accompanied by a guide, hearing, assistance or trainee 12
support dog to leave a place or vehicle for any reason 13
other than the other person being accompanied by a 14
guide, hearing, assistance or trainee support dog. 15
Example-- 16
Section 8 does not affect the ability of a person exercising control of a 17
shopping centre to require a person accompanied by a guide dog to leave 18
the premises because the shopping centre is closing. 19
Division 3 Obligations of persons exercising 20
control of public places and public 21
passenger vehicles 22
11 Who is a person exercising control of a public place or 23
public passenger vehicle 24
A person exercising control of a public place or public 25
passenger vehicle is a person exercising control, or purporting 26
to exercise control, over-- 27
(a) access to, or permission to remain in, the place or 28
vehicle; or 29
(b) the delivery of a service in the place or vehicle. 30
Page 12
Guide, Hearing and Assistance Dogs Bill 2008
Part 2 Guide, hearing and assistance dogs in public places and public passenger vehicles
[s 12]
12 Identification procedure for handlers and trainers 1
(1) The identification procedure is a procedure that a person 2
complies with to identify themselves as a person who is 3
accompanied by a properly trained guide, hearing or 4
assistance dog or a trainee support dog. 5
(2) A person complies with the identification procedure by-- 6
(a) having his or her identity card-- 7
(i) displayed so it is clearly visible; or 8
(ii) available for inspection by a person exercising 9
control of a public place or public passenger 10
vehicle if asked by the person; and 11
(b) ensuring the dog is wearing-- 12
(i) for a guide dog--a harness; or 13
(ii) for an assistance dog--an identifying coat; or 14
(iii) for a hearing or trainee support dog--a harness or 15
identifying coat. 16
(3) A person is taken not to comply with the identification 17
procedure if the person's identity card is suspended, cancelled 18
or expired. 19
(4) In this section-- 20
identifying coat means a dog coat that-- 21
(a) identifies a dog as an assistance, hearing or trainee 22
support dog; and 23
(b) complies with the requirements prescribed under a 24
regulation. 25
identity card means-- 26
(a) for a person with a disability--a handler's identity card; 27
or 28
(b) for an approved trainer, employee trainer or a puppy 29
carer--a trainer's identity card. 30
Page 13
Guide, Hearing and Assistance Dogs Bill 2008
Part 2 Guide, hearing and assistance dogs in public places and public passenger vehicles
[s 13]
13 Obligations of persons exercising control of public 1
places and public passenger vehicles 2
(1) A person exercising control of a public place or public 3
passenger vehicle must not-- 4
(a) refuse entry to, or permission to be in, the place or 5
vehicle to an accompanied handler who is complying 6
with the identification procedure; or 7
(b) refuse service in the place or vehicle to an accompanied 8
handler who is complying with the identification 9
procedure; or 10
(c) impose a term that would result in a person with a 11
disability being separated, while in the place or vehicle, 12
from the guide, hearing or assistance dog that the person 13
relies on to reduce the person's need for support. 14
Maximum penalty--100 penalty units. 15
(2) It is a defence to a charge of an offence against subsection (1) 16
for the person to prove that he or she contravened this section 17
for a reason that was reasonable in the circumstances and did 18
not relate to-- 19
(a) for an offence against subsection (1)(a) or (b)--the 20
accompanied handler being accompanied by a guide, 21
hearing, assistance or trainee support dog; or 22
(b) for an offence against subsection (1)(c)--the person 23
with a disability being accompanied by a guide, hearing 24
or assistance dog. 25
(3) In this section-- 26
accompanied handler means-- 27
(a) a person with a disability who is accompanied by the 28
guide, hearing or assistance dog the person relies on to 29
reduce the person's need for support; or 30
(b) an approved trainer, employee trainer or puppy carer 31
who is accompanied by a guide, hearing, assistance or 32
trainee support dog. 33
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term includes a condition, requirement or practice, whether or 1
not written. 2
Note-- 3
A person with a disability may also have a right of action under the 4
Disability Discrimination Act 1992 (Cwlth). 5
Part 3 Trainers of guide, hearing and 6
assistance dogs 7
Division 1 Approval of trainers of guide, 8
hearing and assistance dogs 9
14 Who is suitable for approval 10
(1) A person is suitable for approval under this part if the person 11
is able to-- 12
(a) train reliable guide, hearing or assistance dogs that 13
are-- 14
(i) able to perform identifiable physical tasks and 15
behaviours for the benefit of a person with a 16
disability; and 17
(ii) safe and effective in public places and public 18
passenger vehicles; and 19
(b) select dogs that are able to meet the individual needs of 20
a person with a disability; and 21
(c) provide ongoing and regular support to the handlers of 22
the guide, hearing or assistance dogs trained by the 23
person. 24
(2) However, a person is not suitable for approval if any of the 25
following persons have a criminal history that would make 26
him or her unsuitable to work with animals or people with a 27
disability-- 28
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(a) for approval as an approved trainer--the person; 1
(b) for approval as an approved training institution--the 2
employee trainers of the person. 3
15 Application for approval 4
(1) An individual (the applicant) may apply to the chief executive 5
for approval in 1 or more categories of approved trainer. 6
(2) A corporation (also the applicant) may apply to the chief 7
executive for approval in 1 or more categories of approved 8
training institution. 9
(3) An application under subsection (1) or (2) must be in the 10
approved form and accompanied by each of the following-- 11
(a) the documents or information on which the applicant 12
relies to establish the applicant is suitable for approval; 13
(b) for approval as an approved trainer-- 14
(i) a consent to a criminal history check, in the 15
approved form, from the applicant; and 16
(ii) a disclosure of the criminal history, if any, of the 17
applicant; 18
(c) for approval as an approved training institution-- 19
(i) a consent to a criminal history check, in the 20
approved form, from each employee trainer of the 21
institution; and 22
(ii) a disclosure of the criminal history, if any, of each 23
employee trainer of the institution; 24
(d) the fee, if any, prescribed under a regulation. 25
(4) If requested by the chief executive, the applicant must provide 26
other documents and information reasonably required by the 27
chief executive to decide the application. 28
(5) For subsections (1) and (2), the categories of approved trainer 29
or approved training institution are the following-- 30
(a) guide dog trainer; 31
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(b) hearing dog trainer; 1
(c) assistance dog trainer. 2
16 Submissions from advisory committee 3
(1) After receiving an application under section 15, the chief 4
executive may ask an advisory committee for a submission 5
about the applicant. 6
(2) Within 28 days after receiving a request under subsection (1), 7
the advisory committee must-- 8
(a) give the chief executive a written submission about the 9
applicant; and 10
(b) give the applicant-- 11
(i) a copy of the submission; and 12
(ii) a notice stating that the applicant may make 13
written representations to the chief executive about 14
the submission within 14 days after the applicant is 15
given the notice and copy of the submission. 16
(3) Within 14 days after receiving the notice and copy of the 17
submission, the applicant may make written representations to 18
the chief executive about the submission. 19
17 Decision on application for approval 20
(1) The chief executive must consider the application and any 21
documents or information provided by the applicant under 22
section 15. 23
(2) In considering if the applicant is suitable for approval, the 24
chief executive must have regard to the following-- 25
(a) for an individual-- 26
(i) the applicant's qualifications, knowledge or 27
experience in dog obedience training; 28
(ii) the applicant's criminal history; 29
(b) for a corporation-- 30
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(i) the qualifications, knowledge or experience in dog 1
obedience training of its employees; 2
(ii) the criminal history of each employee trainer; 3
(c) the training methods to be used by the applicant; 4
(d) if a submission is requested under section 16(1)--the 5
submission and any representation about the submission 6
received under section 16(3); 7
(e) another matter prescribed under a regulation. 8
(3) Also, the chief executive may have regard to the following-- 9
(a) the applicant's membership of an organisation that 10
promotes standards of dog training; 11
(b) qualifications, knowledge or experience of the applicant, 12
or the applicant's employees, that demonstrates an 13
understanding of the needs of people with a disability. 14
(4) If the chief executive is satisfied that the applicant is suitable 15
for approval, the chief executive must decide to grant the 16
approval. 17
(5) Also, the chief executive may impose conditions on the 18
approval that the chief executive considers reasonable and 19
relevant. 20
(6) If the chief executive is not satisfied that the applicant is 21
suitable for approval, the chief executive must decide to refuse 22
to grant the approval. 23
18 Notification of decision 24
(1) If the chief executive decides to grant an approval to the 25
applicant, the chief executive must-- 26
(a) immediately give the applicant a notice of the decision; 27
and 28
(b) notify the name and category of the approved trainer or 29
approved training institution in the gazette. 30
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(2) If the chief executive decides to impose conditions on the 1
approval, the chief executive must immediately give the 2
applicant an information notice for the decision. 3
(3) If the chief executive decides to refuse to grant an approval to 4
the applicant, the chief executive must immediately give the 5
applicant an information notice for the decision. 6
19 Approval remains in force unless immediately 7
suspended, cancelled or surrendered 8
An approval as an approved trainer or approved training 9
institution remains in force unless immediately suspended, 10
cancelled or surrendered under this part. 11
Division 2 Review of approval 12
20 Definitions for div 2 13
In this division-- 14
trainer means approved trainer. 15
institution means approved training institution. 16
21 Review of approval 17
(1) The chief executive must review the approval of a trainer or 18
institution 3 years after the approval is granted and afterwards 19
at intervals of not more than 3 years. 20
(2) Before conducting the review, the chief executive must send 21
the trainer or institution a notice stating the chief executive is 22
conducting a review of the trainer's or institution's approval. 23
(3) If requested, the trainer or institution must give the chief 24
executive, within 28 days, documents and information, stated 25
in the notice, the chief executive reasonably requires to 26
conduct the review. 27
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22 Submissions from advisory committee 1
(1) In conducting a review under this division, the chief executive 2
may ask an advisory committee for a submission about the 3
trainer or institution. 4
(2) Within 28 days after receiving a request under subsection (1), 5
the advisory committee must-- 6
(a) give the chief executive a written submission about the 7
trainer or institution; and 8
(b) give the trainer or institution-- 9
(i) a copy of the submission; and 10
(ii) a notice stating that the trainer or institution may 11
make written representations to the chief executive 12
about the submission within 14 days after the 13
trainer or institution is given the notice and copy of 14
the submission. 15
(3) Within 14 days after receiving the notice and copy of the 16
submission, the trainer or institution may make written 17
representations to the chief executive about the submission. 18
23 Decision on review 19
(1) In conducting a review under this division, the chief executive 20
must have regard to the following-- 21
(a) for a trainer-- 22
(i) the trainer's qualifications, knowledge or 23
experience in dog obedience training; 24
(ii) the trainer's criminal history; 25
(b) for an institution-- 26
(i) the qualifications, knowledge or experience in dog 27
obedience training of its employees; 28
(ii) the criminal history of each employee trainer; 29
(c) the training methods used or to be used by the trainer or 30
institution; 31
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(d) if a submission is requested under section 22(1)--the 1
submission and any representation about the submission 2
received under section 22(3); 3
(e) another matter prescribed under a regulation. 4
(2) Also, the chief executive may have regard to the following-- 5
(a) the trainer's or institution's membership of an 6
organisation that promotes standards of dog training; 7
(b) qualifications, knowledge or experience of the trainer, 8
or, for an institution, its employees, that demonstrates an 9
understanding of the needs of people with a disability; 10
(c) the trainer's or institution's history of compliance with 11
the prescribed requirements; 12
(d) any complaints made to the chief executive about the 13
trainer or institution. 14
(3) If, after conducting the review, the chief executive is satisfied 15
the trainer or institution continues to be suitable for approval, 16
the chief executive must give the trainer or institution a notice 17
stating that the review has been completed. 18
Division 3 Immediate suspension, cancellation 19
and voluntary surrender of approval 20
Subdivision 1 Preliminary 21
24 Definitions for div 3 22
In this division-- 23
show cause notice see section 27(2). 24
show cause period see section 27(2)(d). 25
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25 Grounds for immediate suspension or cancellation of 1
approval 2
(1) Each of the following is a ground for immediately suspending 3
or cancelling the approval of an approved trainer or approved 4
training institution-- 5
(a) the trainer or institution is no longer suitable for 6
approval; 7
Examples of when a trainer or institution is no longer suitable for 8
approval-- 9
· The chief executive has decided an approved trainer is no 10
longer suitable for approval after conducting a review of the 11
trainer's approval under division 2. 12
· A change in the criminal history of an employee trainer of 13
an approved training institution results in the employee 14
trainer being unsuitable to work with animals. 15
(b) the trainer or institution has contravened the prescribed 16
requirements; 17
(c) the trainer or institution has contravened a provision of 18
this Act; 19
(d) the institution employs an unsuitable person as an 20
employee trainer; 21
(e) the trainer or institution has intentionally or recklessly 22
certified a dog as a guide, hearing or assistance dog and 23
the dog has not, or should not have, passed a public 24
access test; 25
(f) the approval was granted because of a materially false or 26
misleading representation or declaration. 27
(2) In this section-- 28
unsuitable person means a person the chief executive has 29
decided is unsuitable to work with animals or people with a 30
disability. 31
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Subdivision 2 Immediate suspension 1
26 Immediate suspension of approval 2
(1) The chief executive may, by information notice given to an 3
approved trainer or approved training institution, immediately 4
suspend the trainer's or institution's approval if the chief 5
executive reasonably believes-- 6
(a) a ground exists for immediately suspending the 7
approval; and 8
(b) it is necessary to immediately suspend the approval to 9
prevent or control harm happening to a person or 10
animal. 11
(2) The information notice must also state the suspension period. 12
(3) The suspension-- 13
(a) may be for the period the chief executive decides but not 14
more than 3 months; and 15
(b) has effect immediately when the notice is given. 16
Subdivision 3 Cancellation 17
27 Show cause process 18
(1) This section applies if-- 19
(a) the chief executive believes a ground exists to cancel the 20
approval of an approved trainer or approved training 21
institution; and 22
(b) the chief executive proposes to cancel the approval. 23
(2) The chief executive must give the approved trainer or 24
approved training institution a notice (a show cause notice) 25
stating the following-- 26
(a) the chief executive proposes to cancel the trainer's or 27
institution's approval; 28
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(b) the grounds for the proposed cancellation; 1
(c) an outline of the facts and circumstances forming the 2
basis for the grounds; 3
(d) that the trainer or institution may give the chief 4
executive, within a stated period (the show cause 5
period), written representations explaining why the 6
trainer's or institution's approval should not be 7
cancelled. 8
(3) The show cause period must not be less than 21 days after the 9
show cause notice is given to the approved trainer or approved 10
training institution. 11
(4) The chief executive must consider all written representations 12
made in the show cause period by the approved trainer or 13
approved training institution. 14
28 Ending show cause process without further action 15
If, after the show cause period, the chief executive no longer 16
believes the ground exists to cancel the approval, the chief 17
executive-- 18
(a) must not take further action about the show cause 19
notice; and 20
(b) must, as soon as practicable, give notice to the approved 21
trainer or approved training institution that no further 22
action is to be taken about the show cause notice. 23
29 Cancellation of approval 24
(1) If, after the show cause period, the chief executive still 25
believes cancellation is warranted, the chief executive may 26
cancel the approval. 27
(2) The chief executive must immediately give an information 28
notice about the decision to the approved trainer or approved 29
training institution. 30
(3) The decision takes effect on the later of the following days-- 31
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(a) the day the information notice is given to the approved 1
trainer or approved training institution; 2
(b) the day stated in the information notice for that purpose. 3
Subdivision 4 Voluntary surrender of approval 4
30 Voluntary surrender of approval 5
(1) An approved trainer or approved training institution may 6
surrender the trainer's or institution's approval by written 7
notice given to the chief executive. 8
(2) The surrender of the approval takes effect on the later of the 9
following days-- 10
(a) the day the notice is given to the chief executive; 11
(b) the day stated in the notice for that purpose. 12
Division 4 Prescribed requirements 13
31 Prescribed requirements 14
(1) A regulation may prescribe requirements relating to the 15
provision of a training service by an approved trainer or 16
approved training institution. 17
(2) Without limiting subsection (1), a regulation may prescribe a 18
requirement about-- 19
(a) how an approved trainer or approved training institution 20
delivers services to clients, including-- 21
(i) assessments and training of clients in relation to 22
the control and care of guide, hearing or assistance 23
dogs; and 24
(ii) information to be given to clients; or 25
(b) the types of records to be kept by an approved trainer or 26
approved training institution, including records about-- 27
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(i) employment of employee trainers and puppy 1
carers; and 2
(ii) trainer's identity cards; and 3
(iii) training of dogs; and 4
(iv) veterinary history of dogs; or 5
(c) preparing, maintaining, publishing or implementing a 6
policy; or 7
(d) the insurance cover an approved trainer or approved 8
training institution must ensure is in force; or 9
(e) maintaining accreditation on the basis of industry 10
standards or other relevant standards. 11
Note-- 12
Contravention of prescribed requirements by an approved trainer or 13
approved training institution is a ground for immediately suspending or 14
cancelling the trainer's or institution's approval under section 25(1)(b). 15
Division 5 Other matters 16
32 Approved trainers and approved training institutions 17
must give notice of change 18
(1) An approved trainer or approved training institution must give 19
written notice to the chief executive of any of the following 20
matters within 14 days after becoming aware of the matter, 21
unless the trainer or institution has a reasonable excuse-- 22
(a) a change in the trainer's or institution's address; 23
(b) a matter prescribed under a regulation. 24
Note-- 25
Contravention of this section by an approved trainer or approved 26
training institution is a ground for immediately suspending or cancelling 27
the trainer's or institution's approval under section 25(1)(c). 28
(2) An approved training institution must give the chief executive 29
a consent to a criminal history check, in the approved form, 30
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from a new employee trainer within 14 days of employing the 1
trainer. 2
Maximum penalty--20 penalty units. 3
33 Claims by persons about approval 4
A person who is not an approved trainer or approved training 5
institution must not hold out, or attempt to hold out, to be 6
approved by the chief executive for training guide, hearing or 7
assistance dogs. 8
Maximum penalty--100 penalty units. 9
Part 4 Certification of guide, hearing 10
and assistance dogs 11
Division 1 Interpretation 12
34 Definitions for pt 4 13
In this part-- 14
approved assistance dog trainer means an approved trainer or 15
approved training institution approved in the category of 16
assistance dog trainer. 17
approved guide dog trainer means an approved trainer or 18
approved training institution approved in the category of 19
guide dog trainer. 20
approved hearing dog trainer means an approved trainer or 21
approved training institution approved in the category of 22
hearing dog trainer. 23
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35 Public access test 1
(1) A public access test is a test approved by the chief executive 2
to assess if a guide, hearing or assistance dog is-- 3
(a) safe and effective in a public place or public passenger 4
vehicle; and 5
(b) able to be controlled by the handler of the dog. 6
(2) The chief executive must-- 7
(a) keep a copy of each public access test available for 8
inspection, free of charge, by members of the public at 9
the department's head office and regional offices; and 10
(b) publish the public access test on the department's 11
website on the internet. 12
Editor's note-- 13
The department's website on the internet is 14
. 15
Division 2 Certification of guide, hearing and 16
assistance dogs 17
36 Certification of guide dogs 18
An approved guide dog trainer may only certify a guide dog 19
for a person with a disability if the dog-- 20
(a) is able to be used as a guide by a person with disability 21
attributable to a vision impairment; and 22
(b) has passed a public access test conducted by the 23
following within 7 days before being certified-- 24
(i) for an approved trainer--the trainer; 25
(ii) for an approved training institution--an employee 26
trainer of the institution; and 27
(c) is not a restricted breed as defined under the Local 28
Government Act 1993; and 29
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(d) is de-sexed and vaccinated; and 1
(e) has not been declared a dangerous dog under a local law. 2
37 Certification of hearing dogs 3
An approved hearing dog trainer may only certify a hearing 4
dog for a person with a disability if the dog-- 5
(a) is able to be used as an aid by a person with disability 6
attributable to a hearing impairment; and 7
(b) has passed a public access test conducted by the 8
following within 7 days before being certified-- 9
(i) for an approved trainer--the trainer; 10
(ii) for an approved training institution--an employee 11
trainer of the institution; and 12
(c) is not a restricted breed as defined under the Local 13
Government Act 1993; and 14
(d) is de-sexed and vaccinated; and 15
(e) has not been declared a dangerous dog under a local law. 16
38 Certification of assistance dogs 17
An approved assistance dog trainer may only certify an 18
assistance dog for a person with a disability if the dog-- 19
(a) is able to perform identifiable physical tasks and 20
behaviours to assist the person in a way that reduces the 21
person's need for support; and 22
(b) has passed a public access test conducted by the 23
following within 7 days before being certified-- 24
(i) for an approved trainer--the trainer; 25
(ii) for an approved training institution--an employee 26
trainer of the institution; and 27
(c) is not a restricted breed as defined under the Local 28
Government Act 1993; and 29
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(d) is de-sexed and vaccinated; and 1
(e) has not been declared a dangerous dog under a local law. 2
39 Approved or employee trainer must not certify own dog 3
(1) An approved trainer must not certify a guide, hearing or 4
assistance dog if the trainer is also the person with a disability 5
who relies on the dog. 6
(2) An approved training institution must not certify a guide, 7
hearing or assistance dog if the person with a disability who 8
relies on the dog is-- 9
(a) an employee trainer of the institution; or 10
(b) a director or shareholder of the institution. 11
Note-- 12
Contravention of this section by an approved trainer or approved 13
training institution is a ground for immediately suspending or cancelling 14
the trainer's or institution's approval under section 25(1)(c). 15
Part 5 Identity cards for handlers, 16
trainers and puppy carers 17
Division 1 Identity cards for handlers 18
Subdivision 1 Issue of handlers' identity cards 19
40 Eligibility for handler's identity card 20
A person with a disability who relies on a guide, hearing or 21
assistance dog is eligible for a handler's identity card if-- 22
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(a) the person reasonably requires the guide, hearing or 1
assistance dog to reduce the person's need for support; 2
and 3
(b) the person is able to physically control the dog; and 4
(c) the person applies for a handler's identity card within 28 5
days after an approved trainer or approved training 6
institution certifies the dog for the person. 7
41 Application for handler's identity card 8
(1) A person with a disability who relies on a guide, hearing or 9
assistance dog (the applicant) may apply to the chief 10
executive for a handler's identity card. 11
(2) The application must be in the approved form and 12
accompanied by-- 13
(a) the documents or information prescribed under a 14
regulation, including evidence of the person's disability; 15
and 16
(b) a photo of the applicant and dog that complies with the 17
requirements prescribed under a regulation; and 18
(c) the fee, if any, prescribed under a regulation. 19
(3) If requested by the chief executive, the applicant must provide 20
other documents and information reasonably required by the 21
chief executive to decide the application. 22
(4) The chief executive must consider the application and, within 23
28 days, decide to either issue or refuse to issue a handler's 24
identity card to the applicant. 25
(5) The chief executive may only issue a handler's identity card to 26
the applicant if the chief executive is satisfied the applicant is 27
eligible for the card under section 40. 28
(6) If the chief executive decides to issue a handler's identity card 29
to the applicant, the chief executive must issue the card as 30
soon as practicable. 31
(7) If the chief executive decides to refuse to issue a handler's 32
identity card to the applicant, the chief executive must 33
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immediately give the applicant an information notice for the 1
decision. 2
42 Term of handler's identity card 3
(1) A handler's identity card becomes effective on the day the 4
card is issued and expires, unless sooner suspended, cancelled 5
or surrendered, on the day of expiry stated on the card. 6
(2) The day of expiry for a handler's identity card must not be 7
more than-- 8
(a) for a card relating to use of a guide or hearing dog--5 9
years from the day the card is issued; or 10
(b) for a card relating to use of an assistance dog--2 years 11
from the day the card is issued. 12
43 Notice of expiry of handler's identity card 13
At least 60 days before a handler's identity card is to expire, 14
the chief executive must give the handler a notice stating-- 15
(a) the day the card will expire; and 16
(b) how to apply for a handler's identity card. 17
Subdivision 2 Immediate suspension, cancellation 18
and voluntary surrender of 19
handlers' identity cards 20
44 Grounds for immediate suspension or cancellation of 21
handler's identity card 22
(1) Each of the following is a ground for immediately suspending 23
or cancelling a handler's identity card-- 24
(a) the handler's dog is a risk to the health or welfare of the 25
handler or someone else; 26
(b) the handler no longer relies on the handler's dog; 27
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(c) the handler's dog was certified because of a materially 1
false or misleading representation or declaration; 2
(d) the identity card was issued because of a materially false 3
or misleading representation or declaration. 4
(2) In this section-- 5
handler's dog means the guide, hearing or assistance dog that 6
the handler relies on. 7
45 Immediate suspension of handler's identity card 8
(1) The chief executive may, by information notice given to a 9
handler, immediately suspend the handler's identity card if the 10
chief executive reasonably believes-- 11
(a) a ground exists for immediately suspending the card; 12
and 13
(b) it is necessary to immediately suspend the card to 14
prevent or control harm happening to a person or 15
animal. 16
(2) The information notice must also state the suspension period. 17
(3) The suspension-- 18
(a) may be for the period the chief executive decides but not 19
more than 3 months; and 20
(b) has effect immediately when the notice is given. 21
46 Cancellation of handler's identity card 22
(1) If the chief executive believes a ground exists to cancel a 23
handler's identity card, the chief executive may cancel the 24
card. 25
(2) Before cancelling the handler's identity card the chief 26
executive must give the handler a notice stating the 27
following-- 28
(a) that the chief executive proposes to cancel the card; 29
(b) the grounds for the proposed cancellation; 30
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(c) an outline of the facts and circumstances forming the 1
basis for the grounds; 2
(d) that the handler may give the chief executive, within a 3
stated period (the show cause period), written 4
representations from the handler, or from an approved 5
trainer or approved training institution for the handler, 6
about why the card should not be cancelled. 7
(3) The show cause period must not be less than 28 days after the 8
show cause notice is given to the handler. 9
(4) The chief executive must consider all written representations 10
from the handler, or from an approved trainer or approved 11
training institution for the handler, given to the chief executive 12
within the show cause period. 13
(5) If the chief executive cancels a handler's identity card, the 14
chief executive must immediately give the handler an 15
information notice for the decision. 16
(6) The decision takes effect on the later of the following days-- 17
(a) the day the information notice is given to the handler; 18
(b) the day stated in the information notice for that purpose. 19
47 Voluntary surrender of handler's identity card 20
A handler may surrender the handler's identity card by giving 21
the card and written notice of the surrender to the chief 22
executive. 23
Subdivision 3 Other matters 24
48 Replacement of handler's identity card 25
(1) A handler may apply to the chief executive for the 26
replacement of the handler's identity card if the card is 27
damaged, lost or stolen. 28
(2) The application must-- 29
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(a) be made in the approved form; and 1
(b) be accompanied by the fee, if any, prescribed under a 2
regulation. 3
(3) If, after receiving an application complying with subsection 4
(2), the chief executive is satisfied the handler's identity card 5
has been damaged, lost or stolen, the chief executive must 6
replace it. 7
(4) This section does not apply if the handler's identity card is 8
suspended or cancelled, or has expired. 9
49 Return of handler's identity card 10
(1) A handler must return the handler's identity card to the chief 11
executive within 7 days after the following unless the handler 12
has a reasonable excuse-- 13
(a) the cancellation of the card; 14
(b) the death or retirement of the guide, hearing or 15
assistance dog shown on the card. 16
Maximum penalty--2 penalty units. 17
(2) In this section-- 18
retirement, of a guide, hearing or assistance dog, means the 19
ending of use of the dog as a guide, hearing or assistance dog 20
because the dog is no longer-- 21
(a) relied on for support by the dog's handler; or 22
(b) able to assist the dog's handler in a way that reduces the 23
handler's need for support. 24
Division 2 Identity cards for approved trainers 25
50 Issue of identity card for approved trainer 26
The chief executive must issue an identity card to each 27
approved trainer. 28
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[s 51]
51 Term of identity card for approved trainer 1
An identity card for an approved trainer becomes effective on 2
the day the card is issued and expires on the day of expiry 3
stated on the card. 4
52 Replacement of identity card for approved trainer 5
(1) An approved trainer may apply to the chief executive for the 6
replacement of the trainer's identity card if the card is 7
damaged, lost or stolen. 8
(2) The application must-- 9
(a) be made in the approved form; and 10
(b) be accompanied by the fee, if any, prescribed under a 11
regulation. 12
(3) If, after receiving an application complying with subsection 13
(2), the chief executive is satisfied the trainer's identity card 14
has been damaged, lost or stolen, the chief executive must 15
replace it. 16
(4) This section does not apply if the trainer's identity card is 17
suspended or cancelled, or has expired. 18
53 Return of identity card for approved trainer 19
An approved trainer whose approval is cancelled or 20
surrendered (the event), must return the trainer's identity card 21
to the chief executive within 7 days after the event unless the 22
trainer has a reasonable excuse. 23
Maximum penalty--20 penalty units. 24
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Division 3 Identity cards for employee trainers 1
and puppy carers 2
54 Issue of identity card for employee trainer or puppy carer 3
(1) An approved training institution must issue identity cards to 4
its employee trainers and puppy carers. 5
(2) An approved training institution must not-- 6
(a) issue an identity card to anyone other than an employee 7
trainer or puppy carer of the institution; or 8
(b) issue an identity card that does not comply with the 9
requirements prescribed in a regulation. 10
(3) In this section-- 11
identity card means a card which identifies the card holder as 12
an employee trainer or puppy carer. 13
Note-- 14
Contravention of this section by an approved training institution is a 15
ground for immediately suspending or cancelling the institution's 16
approval under section 25(1)(c). 17
55 Return of identity card for employee trainer or puppy 18
carer 19
(1) An approved training institution must collect an employee 20
trainer's or puppy carer's identity card as soon as practicable 21
after the trainer or carer stops being a trainer or carer. 22
(2) In this section-- 23
identity card means the card which identifies the card holder 24
as an employee trainer or puppy carer. 25
Note-- 26
Contravention of this section by an approved training institution is a 27
ground for immediately suspending or cancelling the institution's 28
approval under section 25(1)(c). 29
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[s 56]
Part 6 Screening of approved and 1
employee trainers 2
Division 1 Preliminary 3
56 Main purpose of pt 6 4
The main purpose of this part is to enable the chief executive 5
to obtain the criminal history of, and related information 6
about, approved and employee trainers. 7
Division 2 Disclosure of criminal history 8
57 Employee trainers must disclose criminal history 9
Immediately after starting employment as an employee 10
trainer, a person must disclose to the chief executive-- 11
(a) whether or not the trainer has a criminal history; and 12
(b) if the trainer has a criminal history, the trainer's 13
complete criminal history. 14
Maximum penalty--20 penalty units. 15
58 Approved and employee trainers must disclose changes 16
in criminal history 17
(1) If there is a change in the criminal history of an approved or 18
employee trainer, the trainer must immediately disclose to the 19
chief executive the details of the change. 20
Maximum penalty--20 penalty units. 21
(2) For an approved or employee trainer who does not have a 22
criminal history, there is taken to be a change in the trainer's 23
criminal history if the trainer acquires a criminal history. 24
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59 Requirements for disclosure 1
(1) To comply with section 57 or 58 an approved or employee 2
trainer must give the chief executive a disclosure in the 3
approved form. 4
(2) The information disclosed by an approved or employee trainer 5
about a conviction of an offence in the trainer's criminal 6
history must include-- 7
(a) the existence of the conviction; and 8
(b) when the offence was committed; and 9
(c) the details of the offence; and 10
(d) whether or not a conviction was recorded and the 11
sentence imposed on the trainer. 12
Division 3 Chief executive may obtain report 13
about criminal history 14
60 Chief executive may obtain report from commissioner of 15
the police service 16
(1) This section applies to the following persons-- 17
(a) an approved trainer; 18
(b) an employee trainer; 19
(c) a person to whom a consent to a criminal history check 20
relates. 21
(2) The chief executive may ask the commissioner of the police 22
service to give the chief executive the following information 23
about the person-- 24
(a) a written report about the person's criminal history; 25
(b) a brief description of the circumstances of a conviction 26
mentioned in the person's criminal history. 27
(3) The commissioner of the police service must comply with the 28
request. 29
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(4) However, the duty imposed on the commissioner of the police 1
service to comply with the request applies only to information 2
in the commissioner's possession or to which the 3
commissioner has access. 4
Division 4 Use of information 5
61 Person to be advised of information obtained 6
(1) This section applies to information about a person obtained by 7
the chief executive from the commissioner of the police 8
service. 9
(2) Before using the information to make an assessment under 10
this Act, the chief executive must-- 11
(a) disclose the information to the person; and 12
(b) allow the person a reasonable opportunity to make 13
written representations to the chief executive about the 14
information. 15
62 Use of information obtained under this part 16
(1) This section applies to the chief executive in considering 17
information about a person received under this part. 18
(2) The information must not be used for any purpose other than 19
assessing the person's suitability to work with animals or 20
people with a disability. 21
(3) When making the assessment, the chief executive must have 22
regard to the following matters relating to information about 23
the commission of an offence by the person-- 24
(a) when the offence was committed; 25
(b) the nature of the offence and its relevance to the person's 26
ability to work with animals or people with a disability; 27
(c) a written representation, if any, made to the chief 28
executive under section 61(2)(b); 29
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[s 63]
(d) anything else the chief executive considers relevant to 1
the assessment of the person. 2
Division 5 Controls on information 3
63 Guidelines for dealing with information 4
(1) The chief executive must make guidelines, consistent with 5
this Act, for dealing with information obtained by the chief 6
executive under this part. 7
(2) The purpose of the guidelines is to ensure-- 8
(a) natural justice is afforded to the persons about whom the 9
information is obtained; and 10
(b) only relevant information is used in assessing the 11
suitability of a person to work with animals or people 12
with a disability; and 13
(c) decisions based on the information, are made 14
consistently. 15
(3) The chief executive must give a copy of the guidelines, on 16
request, to a person who has, or will have, a duty to disclose 17
under section 57 or 58. 18
64 Confidentiality of information about criminal history 19
(1) This section applies to a person who-- 20
(a) is, or has been, a public service employee; and 21
(b) in that capacity acquired information, or gained access 22
to a document, under this part about another person's 23
criminal history. 24
(2) The person must not disclose the information, or give access 25
to the document, to anyone else. 26
Maximum penalty--100 penalty units or 2 years 27
imprisonment. 28
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Part 7 Reviews and appeals
[s 65]
(3) Subsection (2) does not apply to the disclosure of information, 1
or giving of access to a document, about another person's 2
criminal history-- 3
(a) to the chief executive or a public service employee for 4
the purpose of assessing the person's suitability to work 5
with animals or people with a disability; or 6
(b) if the other person is an adult--with the other person's 7
consent; or 8
(c) if the disclosure or giving of access is otherwise 9
required under an Act. 10
Part 7 Reviews and appeals 11
Division 1 Interpretation 12
65 Definitions for pt 7 13
In this part-- 14
interested person see section 66(2). 15
reviewed decision see section 69(3). 16
reviewable decision see section 66(1). 17
reviewed decision notice see section 69(4). 18
Division 2 Reviewable decisions 19
66 Reviewable decisions 20
(1) A reviewable decision is a decision of the chief executive to-- 21
(a) impose conditions on an approval under section 17; or 22
(b) refuse to grant an approval under section 17; or 23
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[s 67]
(c) immediately suspend an approval under section 26; or 1
(d) cancel an approval under section 29; or 2
(e) refuse to issue a handler's identity card under section 3
41; or 4
(f) immediately suspend a handler's identity card under 5
section 45; or 6
(g) cancel a handler's identity card under section 46. 7
(2) For each decision mentioned in subsection (1), the person who 8
may seek to have the decision reviewed under this part is the 9
person (the interested person) who the chief executive was 10
required to give an information notice about the decision to. 11
Division 3 Review of decision 12
67 Application for review 13
(1) This section applies to the interested person for a reviewable 14
decision. 15
(2) Within 28 days after the interested person receives an 16
information notice about the reviewable decision, the 17
interested person may apply to the chief executive to review 18
the decision. 19
(3) Also, the interested person may apply to the chief executive to 20
review the decision if the chief executive has not given the 21
interested person an information notice about the decision. 22
(4) The application must be in the approved form and supported 23
by enough information to enable the chief executive to decide 24
the application. 25
(5) The chief executive may extend the time mentioned in 26
subsection (2). 27
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[s 68]
68 Stay of operation of original decision 1
(1) An application under section 67 for review of a decision does 2
not stay the decision. 3
(2) However, before the decision takes effect, the chief executive 4
may give the interested person a notice staying the operation 5
of the decision for a stated period. 6
(3) The stay may be granted on conditions the chief executive 7
considers appropriate. 8
(4) Also, whether or not the applicant has asked the chief 9
executive to stay the operation of the decision, the applicant 10
may apply to the tribunal for a stay of the decision. 11
(5) The tribunal may stay the decision to secure the effectiveness 12
of the review and any later appeal to the tribunal. 13
(6) The stay may be granted on conditions the tribunal considers 14
appropriate and has effect for the period stated by the tribunal. 15
(7) The period of the stay must not extend past the time when the 16
chief executive makes the reviewed decision and any later 17
period the tribunal allows to enable the applicant to appeal 18
against the reviewed decision. 19
69 Review decision 20
(1) This section applies to an application under section 67 for 21
review of a decision. 22
(2) Unless the chief executive made the original decision 23
personally, the chief executive must ensure the application is 24
not dealt with by-- 25
(a) the person who made the original decision; or 26
(b) a person in a less senior office than the person who 27
made the original decision. 28
(3) Within 28 days after receiving the application, the chief 29
executive must review the original decision and make a 30
decision (the reviewed decision)-- 31
(a) confirming the original decision; or 32
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(b) amending the original decision; or 1
(c) substituting another decision for the original decision. 2
(4) Immediately after deciding the application, the chief executive 3
must give the interested person a notice (a reviewed decision 4
notice) stating-- 5
(a) the reviewed decision; and 6
(b) the reasons for the reviewed decision; and 7
(c) that, within 28 days after receiving the notice, the 8
interested person may appeal against the reviewed 9
decision to the tribunal; and 10
(d) how the interested person may appeal to the tribunal. 11
(5) If the chief executive does not decide the application within 12
28 days after receiving it, the chief executive is taken to have 13
made a reviewed decision confirming the original decision. 14
Division 4 Appeal against reviewed decision 15
70 Appeal against reviewed decision 16
(1) Within 28 days after receiving a reviewed decision notice, the 17
interested person for the decision may appeal against the 18
decision to the tribunal. 19
(2) Also, if the chief executive has made a reviewed decision but 20
has not given the interested person a reviewed decision notice, 21
the interested person for the decision may appeal against the 22
decision to the tribunal. 23
(3) If the interested person has received a reviewed decision 24
notice, the application filed in the tribunal to start the appeal 25
must be accompanied by a copy of the notice. 26
71 Appeal is by way of rehearing 27
(1) The appeal to the tribunal is by way of rehearing on the 28
evidence that was before the chief executive. 29
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(2) However, the tribunal may give leave to the interested person 1
to adduce fresh, additional or substituted evidence (the new 2
evidence) if the tribunal is satisfied-- 3
(a) the interested person did not know, or could not 4
reasonably be expected to have known, of the existence 5
of the new evidence on or before the day the reviewed 6
decision was made; or 7
(b) in the special circumstances of the case, it would be 8
unfair not to allow the interested person to adduce the 9
new evidence. 10
(3) If the tribunal gives leave under subsection (2), the tribunal 11
may-- 12
(a) adjourn the proceeding to allow the chief executive to 13
reconsider the reviewed decision together with the new 14
evidence; or 15
(b) continue with the appeal by way of rehearing on the 16
evidence that was before the chief executive and on the 17
new evidence. 18
(4) However, if the chief executive asks the tribunal for an 19
adjournment to allow the chief executive to reconsider the 20
reviewed decision together with the new evidence, the tribunal 21
must adjourn the proceeding for a stated reasonable time. 22
Part 8 Monitoring and enforcement 23
Division 1 Preliminary 24
72 Purpose of pt 8 25
The purpose of this part is to provide powers to authorised 26
officers for the purpose of monitoring and enforcing 27
compliance with this Act. 28
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Division 2 Authorised officers 1
73 Powers generally 2
(1) An authorised officer has the powers given under this Act. 3
(2) In exercising the powers under this Act an authorised officer 4
is subject to the directions of the chief executive. 5
74 Appointment and qualifications 6
(1) The chief executive may appoint a public service employee as 7
an authorised officer. 8
(2) However, the chief executive may appoint a public service 9
employee as an authorised officer only if the chief executive is 10
satisfied the employee is qualified for appointment because 11
the employee has the necessary expertise or experience. 12
75 Appointment conditions and limit on powers 13
(1) An authorised officer holds office on the conditions stated 14
in-- 15
(a) the officer's instrument of appointment under this Act; 16
or 17
(b) a signed notice given to the officer; or 18
(c) a regulation. 19
(2) The instrument of appointment, a signed notice given to the 20
authorised officer or a regulation may limit the officer's 21
powers under this Act. 22
(3) In this section-- 23
signed notice means a notice signed by the chief executive. 24
76 Issue of identity card 25
(1) The chief executive must issue an identity card to each 26
authorised officer. 27
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(2) The identity card must-- 1
(a) contain a recent photo of the authorised officer; and 2
(b) contain a copy of the authorised officer's signature; and 3
(c) identify the person as an authorised officer under this 4
Act; and 5
(d) state an expiry date for the card. 6
(3) This section does not prevent the issue of a single identity 7
card to a person for this Act and other purposes. 8
77 Production or display of identity card 9
(1) In exercising a power under this Act in relation to a person, an 10
authorised officer must-- 11
(a) produce the authorised officer's identity card for the 12
person's inspection before exercising the power; or 13
(b) have the identity card displayed so it is clearly visible to 14
the person when exercising the power. 15
(2) However, if it is not practicable to comply with subsection (1), 16
the authorised officer must produce the identity card for the 17
person's inspection at the first reasonable opportunity. 18
(3) For subsection (1), an authorised officer does not exercise a 19
power in relation to a person only because the authorised 20
officer has entered a place as mentioned in section 81(1)(b) or 21
(c), or 81(2). 22
78 When authorised officer ceases to hold office 23
(1) An authorised officer ceases to hold office if any of the 24
following happens-- 25
(a) the term of office stated in a condition of office ends; 26
(b) under another condition of office, the authorised officer 27
ceases to hold office; 28
(c) the authorised officer's resignation under section 79 29
takes effect. 30
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(2) Subsection (1) does not limit the ways an authorised officer 1
may cease to hold office. 2
(3) In this section-- 3
condition of office means a condition on which the authorised 4
officer holds office. 5
79 Resignation 6
An authorised officer may resign by signed notice given to the 7
chief executive. 8
80 Return of identity card 9
A person who ceases to be an authorised officer must return 10
the person's identity card to the chief executive within 21 days 11
after ceasing to be an authorised officer unless the person has 12
a reasonable excuse. 13
Maximum penalty--20 penalty units. 14
Division 3 Powers of authorised officers 15
Subdivision 1 Entry of places 16
81 Power to enter places 17
(1) An authorised officer may enter a place if-- 18
(a) an occupier of the place consents to the entry; or 19
(b) it is a public place and the entry is made when it is open 20
to the public; or 21
(c) it is not a home and the entry is made when the place is 22
open for carrying on business or otherwise open for 23
entry. 24
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(2) For the purpose of asking an occupier of a place for consent to 1
enter, an authorised officer may, without the occupier's 2
consent or a warrant-- 3
(a) enter land around the premises at the place to an extent 4
that is reasonable to contact the occupier; or 5
(b) enter part of the place the authorised officer reasonably 6
considers members of the public ordinarily are allowed 7
to enter when they wish to contact the occupier. 8
Subdivision 2 Procedure for entry 9
82 Entry with consent 10
(1) This section applies if an authorised officer intends to ask an 11
occupier of a place to consent to the officer or another 12
authorised officer entering the place under section 81(1)(a). 13
(2) Before asking for the consent, the authorised officer must tell 14
the occupier-- 15
(a) the purpose of the entry; and 16
(b) that the occupier is not required to consent. 17
(3) If the consent is given, the authorised officer may ask the 18
occupier to sign an acknowledgment of the consent. 19
(4) The acknowledgment must state-- 20
(a) that the occupier has been told-- 21
(i) the purpose of the entry; and 22
(ii) that the occupier is not required to consent; and 23
(b) the purpose of the entry; and 24
(c) that the occupier gives the authorised officer consent to 25
enter the place and exercise the powers under this part; 26
and 27
(d) the time and date the consent was given. 28
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(5) If the occupier signs the acknowledgment, the authorised 1
officer must immediately give a copy to the occupier. 2
(6) If-- 3
(a) an issue arises in a proceeding about whether the 4
occupier consented to the entry; and 5
(b) an acknowledgment complying with subsection (4) for 6
the entry is not produced in evidence; 7
the onus of proof is on the person relying on the lawfulness of 8
the entry to prove the occupier consented. 9
Subdivision 3 Powers after entry 10
83 General powers after entering a place 11
(1) This section applies to an authorised officer who enters a 12
place. 13
(2) However, if an authorised officer enters a place to get an 14
occupier's consent to enter the place, this section applies to 15
the officer only if the consent is given or the entry is otherwise 16
authorised. 17
(3) For investigating an offence against this Act, the authorised 18
officer may do any of the following-- 19
(a) search any part of the place; 20
(b) inspect, photograph or film any part of the place or 21
anything at the place; 22
(c) copy a document at the place; 23
(d) confer alone with a person at the place; 24
(e) require a person at the place to give the authorised 25
officer reasonable help to exercise the authorised 26
officer's powers under paragraphs (a) to (d); 27
(f) require a person at the place to answer questions by the 28
authorised officer to help the authorised officer ascertain 29
whether this Act is being or has been complied with. 30
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(4) When making a requirement mentioned in subsection (3)(e) or 1
(f), the authorised officer must warn the person it is an offence 2
to fail to comply with the requirement, unless the person has a 3
reasonable excuse. 4
84 Failure to help authorised officer 5
A person required to give reasonable help under section 6
83(3)(e) must comply with the requirement, unless the person 7
has a reasonable excuse. 8
Maximum penalty--50 penalty units. 9
85 Failure to answer questions 10
(1) A person of whom a requirement is made under section 11
83(3)(f) must comply with the requirement, unless the person 12
has a reasonable excuse. 13
Maximum penalty--50 penalty units. 14
(2) It is a reasonable excuse for an individual to fail to comply 15
with the requirement because complying with the requirement 16
might tend to incriminate the individual. 17
Subdivision 4 Power to obtain information 18
86 Power to require name and address 19
(1) This section applies if an authorised officer-- 20
(a) finds a person committing an offence against this Act; or 21
(b) finds a person in circumstances that lead the authorised 22
officer reasonably to suspect the person is committing, 23
or has just committed, an offence against this Act; or 24
(c) has information that leads the authorised officer 25
reasonably to suspect the person is committing, or has 26
just committed, an offence against this Act. 27
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(2) The authorised officer may require the person to state the 1
person's name and residential address. 2
(3) When making the requirement, the authorised officer must 3
warn the person it is an offence to fail to state the person's 4
name or residential address, unless the person has a 5
reasonable excuse. 6
(4) The authorised officer may require the person to give the 7
authorised officer evidence of the correctness of the stated 8
name or residential address if the authorised officer 9
reasonably suspects the stated name or address to be false. 10
87 Failure to give name or address 11
(1) A person of whom a requirement is made under section 86(2) 12
or (4) must comply with the requirement, unless the person 13
has a reasonable excuse. 14
Maximum penalty--50 penalty units. 15
(2) A person does not commit an offence against subsection (1) 16
if-- 17
(a) the person was required to state the person's name and 18
residential address by an authorised officer who 19
suspected the person had committed an offence against 20
this Act; and 21
(b) the person is not proved to have committed the offence. 22
88 Power to require particular information or inspect 23
documents 24
(1) For the purpose of monitoring or enforcing compliance with 25
this Act, an authorised officer may require an approved trainer 26
or approved training institution to-- 27
(a) give particular information about the provision of a 28
training service by the trainer or institution, including 29
information about a matter dealt with in the prescribed 30
requirements; or 31
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(b) make a document available for inspection by the 1
authorised officer, or produce a document to the 2
authorised officer for inspection, at a reasonable time 3
and place nominated by the authorised officer. 4
(2) For the purpose of monitoring or enforcing compliance with 5
this Act, an authorised officer may require a person to make 6
available for inspection by the authorised officer, or produce 7
to the authorised officer for inspection, at a reasonable time 8
and place nominated by the authorised officer-- 9
(a) a document issued to the person under this Act; or 10
(b) a document required to be kept by the person under this 11
Act. 12
89 Powers relating to production of documents 13
(1) This section applies to a document made available or 14
produced to an authorised officer under section 88(1)(b) or 15
(2). 16
(2) The authorised officer may keep the document to copy it. 17
(3) If the authorised officer copies the document, or an entry in 18
the document, the authorised officer may require the person 19
responsible for keeping the document to certify the copy as a 20
true copy of the document or entry. 21
(4) The authorised officer must return the document to the person 22
as soon as practicable after copying it. 23
(5) However, if a requirement is made of a person under 24
subsection (3), the authorised officer may keep the document 25
until the person complies with the requirement. 26
90 Failure to give information or produce or certify 27
document 28
(1) A person of whom a requirement is made under section 88 29
must comply with the requirement, unless the person has a 30
reasonable excuse. 31
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(2) It is a reasonable excuse for a person not to comply with a 1
requirement under section 88 that complying with the 2
requirement might tend to incriminate the person. 3
(3) A person of whom a requirement is made under section 89(3) 4
must comply with the requirement, unless the person has a 5
reasonable excuse. 6
Note-- 7
Contravention of this section by an approved trainer or approved 8
training institution is a ground for immediately suspending or cancelling 9
the trainer's or institution's approval under section 25(1)(c). 10
Division 4 Other matters 11
91 Notice of damage 12
(1) This section applies if-- 13
(a) an authorised officer damages property when exercising 14
or purporting to exercise a power; or 15
(b) a person (the other person) acting under the direction or 16
authority of an authorised officer damages property. 17
(2) The authorised officer must immediately give notice of 18
particulars of the damage to a person who appears to the 19
authorised officer to be an owner of the property. 20
(3) If the authorised officer believes the damage was caused by a 21
latent defect in the property or circumstances beyond the 22
authorised officer's or other person's control, the authorised 23
officer may state the belief in the notice. 24
(4) If, for any reason, it is impracticable to comply with 25
subsection (2), the authorised officer must leave the notice in a 26
conspicuous position and in a reasonably secure way where 27
the damage happened. 28
(5) This section does not apply to damage the authorised officer 29
reasonably believes is trivial. 30
(6) In this section-- 31
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owner, of property, includes a person in possession or control 1
of it. 2
92 Compensation 3
(1) If a person incurs loss or expense because of the exercise or 4
purported exercise of a power under division 3, subdivision 1 5
or 3, the person may claim compensation from the chief 6
executive. 7
(2) Without limiting subsection (1), compensation may also be 8
claimed for loss or expense incurred in complying with a 9
requirement made of the person under this part. 10
(3) Compensation may be claimed and ordered to be paid in a 11
proceeding-- 12
(a) brought in a court with jurisdiction for the recovery of 13
the amount of compensation claimed; or 14
(b) for an offence against this Act brought against the 15
person claiming compensation. 16
(4) A court may order compensation to be paid only if it is 17
satisfied it is just to make the order in the circumstances of the 18
particular case. 19
93 False or misleading statements 20
A person must not, for this Act, state anything to the chief 21
executive or an authorised officer that the person knows is 22
false or misleading in a material particular. 23
Maximum penalty--100 penalty units. 24
94 False or misleading documents 25
(1) A person must not, for this Act, give the chief executive or an 26
authorised officer a document containing information that the 27
person knows is false or misleading in a material particular. 28
Maximum penalty--100 penalty units. 29
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(2) Subsection (1) does not apply to a person if the person, when 1
giving the document-- 2
(a) tells the chief executive or authorised officer, to the best 3
of the person's ability, how it is false or misleading; and 4
(b) if the person has, or can reasonably obtain, the correct 5
information--gives the correct information. 6
95 Obstructing an authorised officer 7
(1) A person must not obstruct an authorised officer in the 8
exercise of a power, unless the person has a reasonable 9
excuse. 10
Maximum penalty--100 penalty units. 11
(2) If a person has obstructed an authorised officer and the officer 12
decides to proceed with the exercise of the power, the officer 13
must warn the person that-- 14
(a) it is an offence to obstruct the officer, unless the person 15
has a reasonable excuse; and 16
(b) the officer considers the person's conduct an 17
obstruction. 18
96 Impersonation of an authorised officer 19
A person must not pretend to be an authorised officer. 20
Maximum penalty--100 penalty units. 21
Page 57
Guide, Hearing and Assistance Dogs Bill 2008
Part 9 Legal proceedings
[s 97]
Part 9 Legal proceedings 1
Division 1 Application 2
97 Application of pt 9 3
This part applies to a proceeding under this Act. 4
Division 2 Evidence 5
98 Appointments and authority 6
The following must be presumed unless a party to the 7
proceeding, by reasonable notice, requires proof of it-- 8
(a) the chief executive's appointment; 9
(b) an authorised officer's appointment; 10
(c) the authority of the chief executive or an authorised 11
officer to do anything under this Act. 12
99 Signatures 13
A signature purporting to be the signature of the chief 14
executive or an authorised officer is evidence of the signature 15
it purports to be. 16
100 Evidentiary provisions 17
(1) A certificate purporting to be signed by the chief executive 18
and stating any of the following matters is evidence of the 19
matter-- 20
(a) a stated document is 1 of the following things made, 21
given, issued or kept under this Act-- 22
(i) an appointment, approval or decision; 23
(ii) a notice or requirement; 24
Page 58
Guide, Hearing and Assistance Dogs Bill 2008
Part 9 Legal proceedings
[s 101]
(iii) a record, or an extract from a record; 1
(b) a stated document is a copy of a thing mentioned in 2
paragraph (a); 3
(c) on a stated day, or during a stated period, an 4
appointment as an authorised officer was, or was not, in 5
force for a stated person; 6
(d) on a stated day, a stated person was given a stated notice 7
under this Act; 8
(e) on a stated day, a stated requirement was made of a 9
stated person. 10
(2) In a complaint starting a proceeding, a statement that the 11
matter of complaint came to the complainant's knowledge on 12
a stated day is evidence of when the matter came to the 13
complainant's knowledge. 14
Division 3 Proceedings 15
101 Summary proceedings for offences 16
(1) A proceeding for an offence against this Act must be taken in 17
a summary way under the Justices Act 1886. 18
(2) A proceeding for an offence against this Act must start within 19
the later of the following periods to end-- 20
(a) 1 year after the commission of the offence; 21
(b) 6 months after the offence comes to the complainant's 22
knowledge, but within 2 years after the offence is 23
committed. 24
102 Allegations of false or misleading information or 25
document 26
In any proceeding for an offence against this Act defined as 27
involving false or misleading information, or a false or 28
misleading document, it is enough for a charge to state that 29
Page 59
Guide, Hearing and Assistance Dogs Bill 2008
Part 9 Legal proceedings
[s 103]
the information or document was, without specifying which, 1
`false or misleading'. 2
103 Responsibility for acts or omissions of representative 3
(1) This section applies in a proceeding for an offence against this 4
Act. 5
(2) If it is relevant to prove a person's state of mind about a 6
particular act or omission, it is enough to show-- 7
(a) the act was done or omitted to be done by a 8
representative of the person within the scope of the 9
representative's actual or apparent authority; and 10
(b) the representative had the state of mind. 11
(3) An act done or omitted to be done for a person by a 12
representative of the person within the scope of the 13
representative's actual or apparent authority is taken to have 14
been done or omitted to be done also by the person, unless the 15
person proves the person could not, by the exercise of 16
reasonable diligence, have prevented the act or omission. 17
(4) In this section-- 18
representative means-- 19
(a) for a corporation--an executive officer, employee or 20
agent of the corporation; or 21
(b) for an individual--an employee or agent of the 22
individual. 23
state of mind of a person includes-- 24
(a) the person's knowledge, intention, opinion, belief or 25
purpose; and 26
(b) the person's reasons for the intention, opinion, belief or 27
purpose. 28
Page 60
Guide, Hearing and Assistance Dogs Bill 2008
Part 10 Advisory committee
[s 104]
104 Executive officers must ensure corporation complies 1
with Act 2
(1) The executive officers of a corporation must ensure the 3
corporation complies with this Act. 4
(2) If a corporation commits an offence against a provision of this 5
Act, each of the corporation's executive officers also commits 6
an offence, namely, the offence of failing to ensure the 7
corporation complies with the provision. 8
Maximum penalty--the penalty for the contravention of the 9
provision by an individual. 10
(3) Evidence that the corporation has been convicted of an 11
offence against a provision of this Act is evidence that each of 12
the executive officers committed the offence of failing to 13
ensure the corporation complies with the provision. 14
(4) However, it is a defence for an executive officer to prove-- 15
(a) if the officer was in a position to influence the conduct 16
of the corporation in relation to the offence, the officer 17
exercised reasonable diligence to ensure the corporation 18
complied with the provision; or 19
(b) the officer was not in a position to influence the conduct 20
of the corporation in relation to the offence. 21
Part 10 Advisory committee 22
105 Establishment of advisory committee 23
The chief executive may establish an advisory committee 24
from time to time. 25
106 Membership of advisory committee 26
An advisory committee has the following membership-- 27
Page 61
Guide, Hearing and Assistance Dogs Bill 2008
Part 10 Advisory committee
[s 107]
(a) 1 person the chief executive considers has expertise in 1
dog obedience training; 2
(b) 1 person the chief executive considers has expertise in 3
dog behaviour; 4
(c) 1 person with a disability who relies on a guide, hearing 5
or assistance dog; 6
(d) 1 representative of the department in which this Act is 7
administered; 8
(e) any 3 of the following persons decided by the chief 9
executive-- 10
(i) a representative of the department in which the 11
Animal Care and Protection Act 2001 is 12
administered; 13
(ii) a representative of the department in which the 14
Transport Operations (Passenger Transport) Act 15
1994 is administered; 16
(iii) a representative of the advisory committee known 17
as the Disability Council of Queensland and 18
established under the Disability Services Act 2006, 19
section 216; 20
(iv) a representative of local government. 21
107 Functions of advisory committee 22
An advisory committee's function is to make submissions to 23
the chief executive about-- 24
(a) an applicant under part 3; or 25
(b) an approved trainer; or 26
(c) an approved training institution. 27
Page 62
Guide, Hearing and Assistance Dogs Bill 2008
Part 11 Miscellaneous
[s 108]
108 Investigations by advisory committee 1
(1) For making a submission under section 16(1) or 22(1), an 2
advisory committee may inform itself of a matter mentioned 3
in section 14(1). 4
(2) Without limiting subsection (1), the advisory committee may 5
inspect the training facilities of an applicant if the applicant 6
consents to the inspection. 7
(3) In this section-- 8
applicant means an applicant under section 15, approved 9
trainer or approved training institution. 10
109 Dissolution of advisory committee 11
The chief executive may dissolve an advisory committee at 12
any time. 13
110 Other matters 14
The chief executive may decide matters about an advisory 15
committee, including, for example, the way a committee must 16
conduct meetings. 17
Part 11 Miscellaneous 18
111 Confidentiality of other information 19
(1) This section applies to confidential information other than 20
information mentioned in section 64(1). 21
(2) If a person gains confidential information through 22
involvement in this Act's administration, the person must not 23
disclose the information to anyone, other than under 24
subsection (4). 25
Maximum penalty--100 penalty units. 26
Page 63
Guide, Hearing and Assistance Dogs Bill 2008
Part 11 Miscellaneous
[s 112]
(3) A person gains information through involvement in this Act's 1
administration if the person gains the information because of 2
being, or an opportunity given by being-- 3
(a) the chief executive; or 4
(b) an authorised officer; or 5
(c) an employee in the department; or 6
(d) a member of an advisory committee. 7
(4) A person may disclose confidential information to someone 8
else-- 9
(a) for administering, monitoring or enforcing compliance 10
with this Act; or 11
(b) to discharge a function under another law; or 12
(c) for a proceeding in a court or tribunal; or 13
(d) if authorised under another law or a regulation made 14
under this Act; or 15
(e) if the person is authorised in writing by the person to 16
whom the confidential information relates; or 17
(f) to protect the following from abuse, neglect or 18
exploitation-- 19
(i) a person with a disability; 20
(ii) an animal. 21
(5) However, subsection (4)(e) does not apply unless the person 22
to whom the confidential information relates is an adult when 23
the authorisation is given. 24
112 Delegation by chief executive 25
(1) The chief executive may delegate the chief executive's powers 26
under this Act to an appropriately qualified person who is a 27
public service employee. 28
(2) In this section-- 29
Page 64
Guide, Hearing and Assistance Dogs Bill 2008
Part 11 Miscellaneous
[s 113]
appropriately qualified includes having the qualifications, 1
experience or standing appropriate to the exercise of the 2
power. 3
Example of standing-- 4
if a person is a public service employee of the department, the 5
person's classification level in the department 6
113 Protecting officials from liability 7
(1) An official, or a person acting under the direction of an 8
official, is not civilly liable for an act done, or omission made, 9
honestly and without negligence under this Act. 10
(2) If subsection (1) prevents a civil liability attaching to an 11
official or other person, the liability attaches instead to the 12
State. 13
(3) In this section-- 14
official means-- 15
(a) the chief executive; or 16
(b) an authorised officer; or 17
(c) a public service employee; or 18
(d) a member of an advisory committee. 19
114 Service of documents 20
(1) If a document is required or permitted under this Act to be 21
given to a person, the document may be given to the person by 22
facsimile transmission directed and sent to-- 23
(a) the last transmission number given to the giver of the 24
document by the person as the facsimile transmission 25
number for service of documents on the person; or 26
(b) the facsimile transmission number operated-- 27
(i) at the address of the person last known to the giver 28
of the document; or 29
Page 65
Guide, Hearing and Assistance Dogs Bill 2008
Part 12 Repeal and transitional provisions
[s 115]
(ii) if the person is a corporation, at the corporation's 1
registered office under the Corporations Act. 2
(2) A document given under subsection (1) is taken to have been 3
given on the day the document is transmitted. 4
(3) This section does not limit any other means of giving 5
documents authorised or permitted by law including, for 6
example, under the Acts Interpretation Act 1954, part 10. 7
115 Approval of forms 8
The chief executive may approve forms for use under this Act. 9
116 Regulation making power 10
(1) The Governor in Council may make regulations under this 11
Act. 12
(2) A regulation may be made about the fees, including the 13
waiving or refunding of fees, payable under this Act. 14
Part 12 Repeal and transitional 15
provisions 16
Division 1 Repeal 17
117 Repeal of Guide Dogs Act 1972 18
The Guide Dogs Act 1972 No. 8 is repealed. 19
118 Repeal of Legacy Trust Fund Act 2001 20
The Legacy Trust Fund Act 2001 No. 48 is repealed. 21
Page 66
Guide, Hearing and Assistance Dogs Bill 2008
Part 12 Repeal and transitional provisions
[s 119]
Division 2 Transitional provisions 1
119 Definitions for div 2 2
In this division-- 3
commencement day means the day this section commences. 4
repealed Act means the Guide Dogs Act 1972. 5
120 Certain institutions taken to be approved training 6
institutions 7
(1) The following entities are approved as approved training 8
institutions-- 9
(a) Association for the Blind of Western Australia; 10
(b) Guide Dogs Queensland; 11
(c) Guide Dogs Victoria; 12
(d) Guide Dog Associations of SA and NT Inc.; 13
(e) Lions Hearing Dogs Incorporated; 14
(f) Royal Guide Dogs for the Blind Association of 15
Tasmania (trading as Guide Dogs Tasmania); 16
(g) Seeing Eye Dogs Australia. 17
(2) This section does not limit the application of this Act to an 18
approved training institution approved under this section 19
including, for example, a provision about cancelling the 20
approval of the institution. 21
121 Certain guide or hearing dogs may be certified 22
(1) Despite section 36, an entity mentioned in section 120(1) may 23
certify a guide dog for a person with a disability if, before the 24
commencement day, the dog was trained by the entity to be 25
used as a guide for a person with a disability that is 26
attributable to a vision impairment. 27
Page 67
Guide, Hearing and Assistance Dogs Bill 2008
Part 13 Amendment of other Acts
[s 122]
(2) Despite section 37, an entity mentioned in section 120(1) may 1
certify a hearing dog for a person with a disability if, before 2
the commencement day, the dog was trained by the entity to 3
be used as an aid for a person with a disability that is 4
attributable to a hearing impairment. 5
(3) An entity may not certify a dog under this section after 1 July 6
2010. 7
(4) To remove any doubt, it is declared that a certification under 8
this section does not end on 1 July 2010 only because of 9
subsection (3). 10
Part 13 Amendment of other Acts 11
122 Amendment of Acts 12
(1) Schedule 2 amends the Anti-Discrimination Act 1991. 13
(2) Schedule 3 amends the Acts mentioned in it. 14
Page 68
Guide, Hearing and Assistance Dogs Bill 2008
Schedule 1
Schedule 1 Parts of a health service facility 1
exempt from part 2 2
section 7(1)(a) 3
· an in-patient ward 4
· a labour ward 5
· a procedure room 6
· a recovery area 7
· an area in which the standard of hygiene is maintained 8
at a significantly high level for the purpose of preventing 9
infection or the spread of disease 10
· an area for isolating people for the purpose of 11
preventing the movement of pathogens 12
· a part of a health service facility where the presence of a 13
dog is likely to significantly impair the safe or effective 14
provision of a health service at the facility 15
Page 69
Guide, Hearing and Assistance Dogs Bill 2008
Schedule 2
Schedule 2 Amendments of the 1
Anti-Discrimination Act 1991 2
section 122(1) 3
Anti-Discrimination Act 1991 4
1 Section 85, heading `guide dog'-- 5
omit, insert-- 6
`guide, hearing or assistance dog'. 7
2 Section 85(1)(a)-- 8
omit, insert-- 9
`(a) refusing to rent accommodation to another person 10
because the other person has an impairment and relies 11
on a guide, hearing or assistance dog;'. 12
3 Chapter 7, part 4, division 4-- 13
omit. 14
4 Schedule, definition guide dog-- 15
omit. 16
5 Schedule-- 17
insert-- 18
`assistance dog has the meaning given by the Guide, Hearing 19
and Assistance Dogs Act 2008, schedule 4. 20
guide dog has the meaning given by the Guide, Hearing and 21
Assistance Dogs Act 2008, schedule 4. 22
Page 70
Guide, Hearing and Assistance Dogs Bill 2008
Schedule 2
hearing dog has the meaning given by the Guide, Hearing 1
and Assistance Dogs Act 2008, schedule 4.'. 2
6 Schedule, definition impairment, paragraph (f), `guide 3
dog'-- 4
omit, insert-- 5
`guide, hearing or assistance dog'. 6
Page 71
Guide, Hearing and Assistance Dogs Bill 2008
Schedule 3
Schedule 3 Consequential amendments 1
section 122(2) 2
Body Corporate and Community Management Act 3
1997 4
1 Section 181, heading `Guide dogs'-- 5
omit, insert-- 6
`Guide, hearing and assistance dogs'. 7
2 Section 181(1), `A person' to `who'-- 8
omit, insert-- 9
`A person with a disability under the Guide, Hearing and 10
Assistance Dogs Act 2008 who relies on a guide, hearing or 11
assistance dog and who'. 12
3 Section 181(1), `a guide dog'-- 13
omit, insert-- 14
`a guide, hearing or assistance dog'. 15
4 Section 181(2), `a guide dog'-- 16
omit, insert-- 17
`a guide, hearing or assistance dog'. 18
5 Schedule 6, definition guide dog-- 19
omit. 20
6 Schedule 6-- 21
insert-- 22
Page 72
Guide, Hearing and Assistance Dogs Bill 2008
Schedule 3
`assistance dog see the Guide, Hearing and Assistance Dogs 1
Act 2008, schedule 4. 2
guide dog see the Guide, Hearing and Assistance Dogs Act 3
2008, schedule 4. 4
hearing dog see the Guide, Hearing and Assistance Dogs Act 5
2008, schedule 4.'. 6
Building Units and Group Titles Act 1980 7
1 Section 30(12), `guide dog'-- 8
omit, insert-- 9
`guide, hearing or assistance dog'. 10
2 Section 30(12), `a blind person or a deaf person'-- 11
omit, insert-- 12
`a person with a disability who relies on a guide, hearing or 13
assistance dog'. 14
3 Section 30(12A)-- 15
omit, insert-- 16
`(12A) For the purposes of subsection (12)-- 17
`assistance dog, disability, guide dog and hearing dog have 18
the meanings respectively assigned to them under the Guide, 19
Hearing and Assistance Dogs Act 2008.'. 20
Page 73
Guide, Hearing and Assistance Dogs Bill 2008
Schedule 3
Commercial and Consumer Tribunal Act 2003 1
1 Schedule 2, definition empowering Act-- 2
insert-- 3
· Guide, Hearing and Assistance Dog Act 2008'. 4
Criminal Code 5
1 Section 340(1)(h), `guide dog'-- 6
omit, insert-- 7
`guide, hearing or assistance dog'. 8
Motor Racing Events Act 1990 9
1 Section 36(2)(b)-- 10
omit, insert-- 11
`(b) does not prevent a person with a disability who relies on 12
a guide, hearing or assistance dog being accompanied 13
by the dog.'. 14
2 Section 36-- 15
insert-- 16
`(3) For the purposes of subsection (2)(b)-- 17
`assistance dog, disability, guide dog and hearing dog have 18
the meanings respectively assigned to them under the Guide, 19
Hearing and Assistance Dogs Act 2008.'. 20
Page 74
Guide, Hearing and Assistance Dogs Bill 2008
Schedule 3
Recreation Areas Management Act 2006 1
1 Section 118(3)(a), `guide dog'-- 2
omit, insert-- 3
`guide, hearing or assistance dog'. 4
2 Section 120(2), definition food, paragraph (c), `guide 5
dog'-- 6
omit, insert-- 7
`guide, hearing or assistance dog'. 8
3 Section 121(2), definition animal, paragraph (a), `guide 9
dog'-- 10
omit, insert-- 11
`guide, hearing or assistance dog'. 12
4 Schedule, definition guide dog-- 13
omit. 14
5 Schedule-- 15
insert-- 16
`assistance dog see the Guide, Hearing and Assistance Dogs 17
Act 2008, schedule 4. 18
guide dog see the Guide, Hearing and Assistance Dogs Act 19
2008, schedule 4. 20
hearing dog see the Guide, Hearing and Assistance Dogs Act 21
2008, schedule 4.'. 22
Page 75
Guide, Hearing and Assistance Dogs Bill 2008
Schedule 3
South Bank Corporation Act 1989 1
1 Schedule 4, section 30(12), `guide dog'-- 2
omit, insert-- 3
`guide, hearing or assistance dog'. 4
2 Schedule 4, section 30(12), `a blind person or a deaf 5
person'-- 6
omit, insert-- 7
`a person with a disability who relies on a guide, hearing or 8
assistance dog'. 9
3 Schedule 4, section 30(12A)-- 10
omit, insert-- 11
`(12A) For the purposes of subsection (12)-- 12
`assistance dog, disability, guide dog and hearing dog have 13
the meanings respectively assigned to them under the Guide, 14
Hearing and Assistance Dogs Act 2008.'. 15
Page 76
Guide, Hearing and Assistance Dogs Bill 2008
Schedule 4
Schedule 4 Dictionary 1
section 4 2
advisory committee means an advisory committee established 3
by the chief executive under part 10. 4
approved assistance dog trainer, for part 4, see section 34. 5
approved form means a form approved by the chief executive 6
under section 115. 7
approved guide dog trainer, for part 4, see section 34. 8
approved hearing dog trainer, for part 4, see section 34. 9
approved trainer means an individual approved under part 3 10
for training guide, hearing or assistance dogs. 11
approved training institution means a corporation approved 12
under part 3 for training guide, hearing or assistance dogs. 13
assistance dog means a dog trained to perform identifiable 14
physical tasks and behaviours to assist a person with a 15
disability to reduce the person's need for support. 16
conviction means a finding of guilt, or the acceptance of a 17
plea of guilty, by a court. 18
criminal history, of a person, means the convictions, other 19
than a spent conviction, recorded against a person for 20
offences, in Queensland or elsewhere, whether before or after 21
the commencement of this Act. 22
disability see section 5. 23
employ includes engage on a voluntary basis. 24
employee trainer means a person employed by an approved 25
training institution to train guide, hearing or assistance dogs. 26
guide dog means a dog trained to be an effective guide for a 27
person with disability attributable to a vision impairment. 28
handler, of a guide, hearing or assistance dog, means the 29
person with a disability who relies on the dog. 30
Page 77
Guide, Hearing and Assistance Dogs Bill 2008
Schedule 4
handler's identity card means an identity card, issued by the 1
chief executive, showing a person with a disability who relies 2
on a guide, hearing or assistance dog with the dog that the 3
person relies on. 4
health service means a service for maintaining, improving or 5
restoring people's health and wellbeing. 6
health service facility means a facility where a health service 7
is provided. 8
Example-- 9
hospital, dental surgery, doctor's surgery 10
hearing dog means a dog trained to be used as an aid by a 11
person with disability attributable to a hearing impairment. 12
identification procedure see section 12(1). 13
information notice, for a decision of the chief executive, 14
means a signed notice stating the following-- 15
(a) the decision; 16
(b) the reasons for the decision; 17
(c) the day the decision has effect; 18
(d) that, within 28 days after receiving the notice, the 19
interested person may apply to the chief executive for a 20
review of the decision; 21
(e) how the interested person may apply for the review. 22
interested person, for part 7, see section 66(2). 23
person exercising control, for part 2, division 3, see section 24
11. 25
prescribed requirements means the requirements prescribed 26
under section 31. 27
public access test see section 35(1). 28
public passenger vehicle, for part 2, see section 6. 29
public place, for part 2, see section 6. 30
Page 78
Guide, Hearing and Assistance Dogs Bill 2008
Schedule 4
puppy carer means a person who is employed by an approved 1
training institution and is responsible for the socialisation of a 2
trainee support dog that is under 18 months of age. 3
reviewable decision, for part 7, see section 66(1). 4
reviewed decision, for part 7, see section 69(3). 5
reviewed decision notice, for part 7, see section 69(4). 6
show cause notice, for part 3, division 3, see section 24. 7
show cause period, for part 3, division 3, see section 24. 8
spent conviction means a conviction-- 9
(a) for which the rehabilitation period under the Criminal 10
Law (Rehabilitation of Offenders) Act 1986 has expired 11
under that Act; and 12
(b) that is not revived as prescribed under section 11 of that 13
Act. 14
suitable for approval see section 14. 15
trainee support dog means a dog that is being trained by an 16
approved trainer or approved training institution to be a guide, 17
hearing or assistance dog. 18
trainer's identity card means an identity card for an approved 19
trainer, employee trainer or puppy carer. 20
tribunal means the Commercial and Consumer Tribunal 21
established under the Commercial and Consumer Tribunal Act 22
2003. 23
© State of Queensland 2008
Page 79
AMENDMENTS TO BILL
Guide, Hearing and Assistance Dogs Bill 2008
Guide, Hearing and Assistance Dogs Bill
2008
Amendments agreed to during Consideration
1 Clause 12 (Identification procedure for handlers and
trainers)
Page 13, lines 7 to 11--
omit, insert--
`(a) having--
(i) his or her identity card displayed so it is clearly
visible; or
(ii) the following available for inspection by a person
exercising control of a public place or public
passenger vehicle if asked by the person--
(A) his or her identity card;
(B) a valid application notice for the person;
and'.
2 Clause 12 (Identification procedure for handlers and
trainers)
Page 13, line 13--
omit, insert--
`(i) for a guide dog--a harness or identifying coat; or'.
3 Clause 12 (Identification procedure for handlers and
trainers)
Page 13, lines 22 and 23--
omit, insert--
`(a) identifies a dog as a guide, hearing, assistance or trainee
support dog; and'.
Page 1
Guide, Hearing and Assistance Dogs Bill 2008
4 Clause 12 (Identification procedure for handlers and
trainers)
At page 13, after line 30--
insert--
`valid application notice, for a person, means a written notice
issued to the person by the chief executive under section 41A
that has not expired.
Note--
See section 41A(4) for the expiry of a written notice issued by the chief
executive.'.
5 Clause 41 (Application for handler's identity card)
Page 31, line 23 to page 32, line 2--
omit.
6 Before clause 42 (Term of handler's identity card)
At page 32, before line 3--
insert--
`41A Notice of application
`(1) If the chief executive receives an application under section 41
(the current application), the chief executive must issue the
applicant with a written notice complying with the
requirements prescribed under a regulation for this section.
`(2) However, if the chief executive requests other documents and
information from an applicant under section 41(3), the chief
executive does not have to issue a notice under subsection (1)
until the applicant complies with the request.
`(3) Also, the chief executive does not have to issue a notice under
subsection (1) to an applicant if, during a period of 6 months
before the current application--
(a) the chief executive decided to refuse to issue a handler's
identity card to the applicant; or
Page 2
Guide, Hearing and Assistance Dogs Bill 2008
(b) the applicant withdrew an application made under
section 41.
`(4) A notice issued under this section expires 28 days after it is
issued by the chief executive.
`41B Decision on application
`(1) The chief executive must consider the application and, within
14 days, decide to either issue or refuse to issue a handler's
identity card to the applicant.
`(2) The chief executive may only issue a handler's identity card to
the applicant if the chief executive is satisfied the applicant is
eligible for the card under section 40.
`(3) If the chief executive decides to issue a handler's identity card
to the applicant, the chief executive must issue the card as
soon as practicable.
`(4) If the chief executive decides to refuse to issue a handler's
identity card to the applicant, the chief executive must
immediately give the applicant an information notice for the
decision.'.
7 Clause 44 (Grounds for immediate suspension or
cancellation of handler's identity card)
At page 33, after line 4--
insert--
`(1A) Also, it is a ground for cancelling a handler's identity card if
the handler's dog should be retired because of age, illness or
other inability to be used as a guide, hearing or assistance
dog.'.
8 Clause 49 (Return of handler's identity card)
At page 35, line 12, `7 days'--
omit, insert--
`1 month'.
Page 3
Guide, Hearing and Assistance Dogs Bill 2008
9 Clause 66 (Reviewable decisions)
At page 43, line 4, `41'--
omit, insert--
`41B'.
10 Clause 106 (Membership of advisory committee)
Page 62, lines 1 and 2--
omit, insert--
`(a) 1 person the chief executive considers has expertise in
guide, hearing or assistance dog training;'.
© State of Queensland 2008
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