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1
Guide Dogs Amendment
GUIDE DOGS AMENDMENT BILL
EXPLANATORY NOTES
GENERAL OUTLINE
Objectives of the Legislation
The primary objective of the legislation is to allow legal access for dogs
guiding blind persons or aiding deaf persons, and dogs being trained for
this purpose by an approved Queensland institution, to be admitted to public
places and public passenger vehicles.
Achieving the Objectives of the Legislation
The legislation amends the Guide Dogs Act 1972 by making new
provisions for:
· approving Queensland institutions with facilities in the State for
training Guide Dogs;
· identification of guide dog trainees that are owned by an approved
Queensland institution;
· authorisation, identification and proof of authority of guide dog
trainers required for entry to public places and public passenger
vehicles when accompanied by guide dog trainees;
· a requirement that trainers are only to be accompanied by one
guide dog trainee;
· public places and vehicles that guide dog trainees will not be
allowed access to be prescribed under a regulation;
· obligations of persons in charge of public places and public
passenger vehicles, and creation of a new offence if entry,
accommodation or service is denied to a guide dog trainer
accompanied by a guide dog trainee; and
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Guide Dogs Amendment
· requirements for evidentiary provisions for guide dog trainees
and guide dog trainers.
Reasons for the Bill
The Guide Dogs for the Blind Association of Queensland established a
Guide Dog Breeding and Training Centre at Bald Hills, Brisbane, in 1995.
The Centre has two fully accredited Guide Dog Trainers, accredited with the
International Federation of Guide Dog Schools for the Blind.
The Queensland Guide Dog Training Program requires that the dogs and
puppies become familiar with public places and vehicles and that they learn
appropriate behaviour in such places. The Guide Dogs for the Blind
Association of Queensland requested the amendment and advise that it is
essential to the success of the training program for Guide Dogs.
Administrative Costs
There are no administrative costs for government associated with the
amendment.
The Queensland Government, through the Department of Families,
Youth and Community Care, allocated in the 1997/98 State Budget $1M
over three years to assist the Guide Dogs for the Blind Association of
Queensland with the capital costs of establishing the Guide Dog Breeding
and Training Centre.
Fundamental Legislative Principles
The Guide Dogs Amendment Bill complies with the fundamental
legislative principles of the Legislative Standards Act 1992. To ensure that
the amendment does `not adversely affect rights and liberties, or impose
obligations,retrospectively', the following was considered in the drafting of
the Bill:
· the responsibilities of the "approved Queensland institution" in
relation to the authorisation of trainers and provision of identity
cards for trainers;
· the responsibilities of trainers accompanied by a guide dog trainee
to display their identity card on entry to a public place or public
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Guide Dogs Amendment
passenger vehicle;
· a requirement that trainers are to be accompanied by only one
guide dog trainee in public places and vehicles, in recognition of
the needs of business owners and retailers; and
· the obligations of persons in charge of public places and vehicles
to allow guide dog trainers accompanied by a guide dog trainee
permission to enter and to have access to accommodation or
service.
The rights, responsibilities and obligations are similar to the current
provisions of the Guide Dogs Act 1972 and are not retrospective to the date
of proclamation of the Guide Dogs Amendment Act 1997.
Consultation
Consultation occurred with the following departments in drafting the Bill:
Queensland Emergency Services
Queensland Health
Department of Environment
Department of Justice
Department of Families, Youth and Community Care
The Guide Dogs for the Blind Association of Queensland, Guide Dog
Breeding and Training Centre was consulted on the provisions of the
proposed amendment.
All Queensland Government departments and agencies, and relevant
industry bodies were consulted during the consultation stage and indicated
support for the proposed amendments.
NOTES ON CLAUSES
Clause 1 sets out the short title of the amendment Act.
Clause 2 provides for commencement of the proposed Act on a date to
be fixed by proclamation.
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Guide Dogs Amendment
Clause 3 names the Act to be amended.
Clause 4 amends the long title of the Act to include dogs being trained to
guide blind persons or aid deaf persons.
Clause 5 provides for a new section heading entitled "Part
1--Preliminary".
Clause 6 amends the section heading "Interpretation" to a new heading
entitled "Definitions".
The definition of "vehicle" is omitted and replaced by a new definition
"public passenger vehicle" meaning a vehicle used to transport members of
the public.
The new definitions "approved Queensland institution", "guide dog
trainee" and "trainer" clarify the meaning of these terms used in the Act.
Approved Queensland institutions are to be declared under a regulation
and are distinguished from "approved institution" in that the facilities for
the training of guide dogs are located in the State of Queensland.
Dogs trained at an "approved institution" prescribed under a regulation,
whether or not the training facility is located in Queensland, continue to be
recognised under the Guide Dogs Act 1972.
The definition of "trainer" means a person authorised by an approved
Queensland institution (under section 6A) to train dogs as guides for blind
persons or aids for deaf persons. The term "trainer" is inclusive of
qualified guide dog instructors and puppy carers. The puppy carers are
persons who are volunteers with the Puppy Care Program. The role of the
Puppy Carer is to care for the dogs and begin their training in socialisation
and appropriate behaviour in the first twelve to eighteen months. The
young dogs are then boarded and trained by qualified instructors at the
Guide Dog Breeding and Training Centre. The identification card will
identify those trainers who are Puppy Carers.
The definition of "guide dog trainee" means a dog owned by an
approved Queensland institution, being trained for use as a guide by a blind
person or as an aid by a deaf person, and identified by a distinctive coat or
harness. The trainers will need to ensure that the dogs wear the coat or
harness in public places or vehicles.
The new definition "public place" replaces clause 5(1)(a), meaning "a
place that the public is entitled to use, is open to the public or used by the
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Guide Dogs Amendment
public, whether or not on payment of money". The definition is similar to
5(1)(a) excepting "whether on the invitation of the occupier". The
definition is very broad and would cover the majority of community
facilities and places that a person would need to access in the community.
Clause 7 provides for a new section heading entitled "Part 2--Guide
Dogs".
Clause 8 replaces 5(1) with "This section applies to public places and
public passenger vehicles" as defined in the definitions.
Clause 9 provides for a new section heading entitled "Part 3--Guide
Dog Trainers and Trainees".
New Section 6A provides for the authorisation of trainers by an
approved Queensland institution.
New Section 6B requires that the institution must issue an identity card to
trainers and that a person who ceases to be a trainer must return the card to
the institution as soon as practicable, unless the person has a reasonable
excuse for not returning it. The Guide Dog Breeding and Training Centre
already requires trainers to return all equipment used in the training and care
of the guide dog trainers to the Centre when they cease to be a trainer. The
return of the identity cards will be included in this context.
New Section 6C requires trainers to produce or display their identity card
when entering a public place or public passenger vehicle accompanied by
the guide dog trainee as proof of their authority to do so under the Act. It is
noted that if a trainer does not produce or display his/her identity card, the
trainer does not commit an offence, but may lawfully be denied entry to the
place or vehicle by the person in charge.
New Section 6D provides legal access for trainers accompanied by guide
dog trainees to public places and public passenger vehicles, excepting those
prescribed under a regulation. Trainers are only to be accompanied by 1
(one) guide dog trainee, and can be lawfully denied entry if accompanied by
more than one guide dog trainee.
It is the practice of the Guide Dog Breeding and Training Centre for
trainers to be accompanied by one guide dog trainee when training the dogs
in public places. However, it is recognised that there will be occasions
when a guide dog trainee may be sick or needs special attention, and a
trainer may be required to look after their own guide dog trainee and also
another guide dog trainee while help is being sought by the other trainer, or
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Guide Dogs Amendment
responsibility is taken to clean the area, if necessary. On these occasions,
one trainer may be looking after more than one dog for a brief period and
should not be asked to leave the premises.
Section 6E details the obligations of persons in charge of public places
and public passenger vehicles to allow trainers accompanied by guide dog
trainees permission to enter or be in or on the place or vehicle, and to
provide accommodation or service in or on the place or vehicle. Refusal by
the person in charge is an offence with a maximum penalty of one penalty
unit. The obligations do not apply if the trainer does not display his/her
identity card or produce it upon request.
If the trainer is asked to leave by the person in charge of the place or
vehicle for reasons other than the trainer was accompanied by a guide dog
trainee, the offence does not apply (6E(3)).
Clause 10 provides for a new section heading entitled "Part
4--Miscellaneous".
Clause 11 provides for documentation in relation to certificates issued by
an approved Queensland institution that may be required as evidence of
(1A)(a) the ownership and training of the dog by the institution, and
(1A)(b) a stated (certain) person is or was a trainer at a stated time, or
during a stated period, as evidence of the matter stated in the certificate.
The insertion of 6E in paragraph 7(2) refers to offences committed by
persons in charge of public places or public passenger vehicles (6D) who
deny access, accommodation or service to a trainer accompanied by a guide
dog trainee.
The amendments to paragraph 7(2) are intended to maintain consistency
with the new definitions of "public place" and "public passenger vehicle"
and to omit unnecessary wording.
© The State of Queensland 1997