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Guide, Hearing and Assistance Dogs Bill 2008
Guide, Hearing and Assistance Dogs Bill
2008
Explanatory Notes
Short Title of the Bill
Guide, Hearing and Assistance Dogs Bill 2008
Objectives of the Bill
The main objectives of the Guide, Hearing and Assistance Dogs Bill 2008
(the Bill) are to:
· assist people with a disability who rely on guide, hearing or
assistance dogs to have independent access to the community;
and
· ensure the quality and accountability of guide, hearing and
assistance dog training services.
The Bill repeals the Guide Dogs Act 1972 and also repeals the Legacy Trust
Fund Act 2001.
Reasons that the proposed legislation is necessary
Guide dogs and hearing dogs enjoy public recognition of their access rights
in supporting people with a vision or hearing impairment. In contrast,
people using assistance dogs have reported difficulties in gaining access to
public places with their assistance dogs. These difficulties have arisen
because assistance dogs are not recognised as guide dogs and
discrimination laws are not readily known and understood.
The use of assistance dogs is still a relatively new concept. However, in
recent years assistance dogs have been trained to assist people with
physical, neurological or sensory disabilities to do everyday tasks. These
include activities such as opening and shutting doors for a person in a
wheelchair, turning light switches on and off, pressing pedestrian crossing
buttons, retrieving items that have fallen on the ground and alerting people
if their handler is in difficulty, for example, if the person is having a
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Guide, Hearing and Assistance Dogs Bill 2008
seizure. Assistance dogs also go with their handler into public places so
that they do not have to be accompanied by another person.
Under the Queensland Guide Dogs Act 1972, only guide dogs and hearing
dogs trained by recognised institutions are able to access public places and
public passenger vehicles. Assistance dogs are not given specific access
rights under the Queensland legislation, nor are they mentioned in the
Queensland Anti-Discrimination Act 1991. However, the Commonwealth
Disability Discrimination Act 1992 (DDA) makes it unlawful to
discriminate against a person because they are accompanied by an animal
trained to assist a person to alleviate the effect of their disability.
Although the DDA makes it unlawful to discriminate against a person
because they are accompanied by an animal trained to assist the person to
alleviate the effect of their disability, the DDA does not define this phrase.
The DDA also fails to provide any requirements, safeguards or standards
for the training of assistance dogs. Accordingly, there is uncertainty for
users of assistance dogs, assistance dog trainers and the public.
People using an assistance dog have reported inconsistencies and
difficulties in gaining access to public places with their assistance dog.
These difficulties have arisen because:
· assistance dogs are not recognised as guide dogs under the Guide
Dogs Act 1972;
· discrimination laws are not readily known and understood;
· both people with a disability and members of the community do
not understand the difference between an assistance dog which
has access rights in public places and a pet or companion dog
which does not;
· there are no legislative requirements for training, presentation or
identification of assistance dogs therefore they are not readily
distinguishable from a pet or companion dog; and
· concerns that admitting an assistance dog to particular places
may involve committing an offence under health and hygiene
laws.
The lack of any provision in the DDA regarding training and accreditation
of assistance animals was identified in the Human Rights and Equal
Opportunity Commission's (HREOC) report Reform of the assistance
animal provisions of the Disability Discrimination Act released in
November 2003.
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Guide, Hearing and Assistance Dogs Bill 2008
The HREOC report commented that details of accreditation or certification
regimes would be more appropriately developed by authorities who
regulate dogs, in consultation with training organisations and the disability
community, than being specified in the DDA itself. HREOC stated that it
would be preferable for state governments to develop accreditation
processes. With the exception of South Australia, other Australian
jurisdictions do not have any legislated accreditation processes.
The Bill also repeals the Legacy Trust Fund Act 2001 (LTFA). The Legacy
Trust Fund contained funds to be used for the benefit of people with a
vision impairment and had accumulated over a period in excess of 100
years from a variety of sources including legacies, public gifts and
Government donation. The purpose of the LTFA was to give Disability
Services Queensland (DSQ) the ownership and management of the Legacy
Trust Fund free of any legal ambiguity. The LTFA vested the funds in the
State of Queensland and enabled the Minister to pay the funds out to
organisations benefiting people with a vision impairment. DSQ advertised
widely for grant applications in April 2002, and distributed the funds to 24
services that could demonstrate that their innovative projects assisted
people with a vision impairment. These projects included recreation and
leisure activities, equipment, skill development, advocacy and community
awareness, information services, and staff training.
All funds were expended and, as this was a one-off project, no further
funds are available for distribution. As the Legacy Trust Fund is exhausted
the LTFA is no longer required and is to be repealed to ensure that the
legislation for which DSQ is responsible remains relevant and up to date.
How the policy objectives will be achieved
The Bill provides that a person with a disability may be accompanied by a
guide, hearing or assistance dog in a public place or public passenger
vehicle in much the same way as the Guide Dogs Act 1972 confers this
right on people with a vision or hearing impairment accompanied by a
guide or hearing dog.
The Bill empowers the chief executive of DSQ (the chief executive) to
approve guide, hearing and assistance dog trainers. Trainers may include
institutions and individual trainers. Trainers will have to apply to the chief
executive for approval and provide information as to their qualifications,
knowledge, experience and methods of training. Individual applicants and
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Guide, Hearing and Assistance Dogs Bill 2008
employee trainers of institutions will be criminal history screened as part of
this process.
The Bill enables the chief executive to convene an advisory committee to
consider applications for approval as a trainer, to inspect training facilities
and determine the merits of an application or review of approval in order to
make submissions to the chief executive about an applicant under part 3, an
approved trainer, or an approved training institution. The Bill requires that
the advisory committee comprise of a person with expertise in specialist
dog obedience training; a person with experience in the area of dog
behaviour; a person with a disability who relies on a guide, hearing or
assistance dog; a representative of DSQ, together with three persons from
any of the following: the department in which the Animal Care and
Protection Act 2001 is administered; the department in which the Transport
Operations (Passenger Transport) Act 1994 is administered; the Disability
Council of Queensland; and local government.
The Bill provides for review of the approved status of trainers every three
years, to ensure that they continue to be able to satisfy the criteria for
eligibility. The chief executive may also suspend or cancel a trainer's
approved status if specific grounds exist for cancellation.
Approved trainers will be entitled to access public places accompanied by
trainee support dogs. The Bill also allows puppy carers who are employed,
whether in a paid or voluntary capacity, by approved training institutions to
access public places with dogs under 18 months of age that are placed in
their care for socialisation and basic obedience training.
The Bill provides for guide, hearing and assistance dog handlers and
trainers to carry an identity card. Dogs will have to wear an identifying
harness or coat. This will enable members of the public and people in
charge of public places to be able to easily recognise the dog as a guide,
hearing or assistance dog. It will be an offence for a person in control of a
public place or a public passenger vehicle to refuse entry or service to a
person because they are accompanied by a trained guide, hearing or
assistance dog, or a trainee support dog or for separating a person with a
disability from his or her guide, hearing or assistance dog.
The Bill excludes specific places where guide, hearing and assistance dogs
have no right of access to ensure health and hygiene standards are
maintained or for environmental reasons. These reflect the places and
vehicles from which guide dogs are excluded under the Guide Dogs Act
1972. Allowance is made for other excluded places to be prescribed by
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Guide, Hearing and Assistance Dogs Bill 2008
regulation. The places where guide, hearing and assistance dogs are
excluded under the Bill include, for example:
(a) ambulances;
(b) parts of hospitals consisting of operating suites, recovery areas,
procedure rooms, sterilising areas and storage rooms;
(c) areas where food is ordinarily prepared.
The Bill sets out the grounds upon which an approved trainer may certify a
dog as a guide, hearing or assistance dog for a person with a disability.
Trainers may only certify a dog if certain requirements are met including
that the dog has passed a public access test within the previous 7 days and
is de-sexed and vaccinated.
The Bill provides for the chief executive to issue an identity card to a dog
handler once an approved trainer has certified the dog as a guide, hearing or
assistance dog. A handler is eligible for an identity card if:
· the person reasonably requires the dog for support;
· the person is able to physically control the dog; and
· the dog has passed a public access test approved by the chief
executive.
The Bill enables the chief executive to appoint authorised officers to
monitor and enforce compliance with the Bill. These authorised officers
are given a limited range of powers sufficient to enable them to enforce
compliance with the Bill. Authorised officers may enter a place with the
occupier's consent and when it is open to the public. Following entry
authorised officers have powers to monitor compliance with the Bill, for
example, for the purpose of investigating an offence against the Bill to
search any part of the place, copy a document and require a person to
answer any questions.
The Bill repeals the Guide Dogs Act 1972 and the Legacy Trust Fund Act
2001.
Estimated cost to government implementation
Implementation of the proposed Bill will not result in any additional cost to
DSQ that cannot be met from within the existing budget.
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Guide, Hearing and Assistance Dogs Bill 2008
Consistency with fundamental legislative principles
Section 4(2) of the Legislative Standards Act 1992 requires that legislation
must have sufficient regard to the rights and liberties of individuals and the
institution of Parliament. Aspects of the Bill that raise possible
fundamental legislative principles are outlined below:
· Section 4(3)(d) of the Legislative Standards Act 1992
Defence reversal of the onus of proof
Clauses 13(1)(a) and (b) provide offences for a person exercising control of
a public place or public passenger vehicle to refuse entry to, or permission
to be in, or service to an accompanied handler who is complying with the
identification requirement. Clause 13(1)(c) makes it an offence for the
person exercising control to impose a term that would result in the person
with a disability being separated from their guide, hearing or assistance
dog.
Clause 13(2) provides a defence if the person exercising control can prove
that the contravention was for a reason that was reasonable in the
circumstances and did not relate to an accompanied handler being
accompanied by a guide, hearing, assistance or trainee support dog.
Establishing a defence will require the defendant to prove, on the balance
of probabilities, the elements of the defence. However, placing the onus of
satisfying the elements of the defence on the defendant is considered
justified as it relates to matters that are peculiarly within the defendant's
knowledge.
· Sections 4(3)(a) and (b) of the Legislative Standards Act 1992
Criminal history reports
The Bill requires an approved or employee trainer to disclose his or her
criminal history to the chief executive (clauses 15 and 57). The Bill also
requires an approved trainer or employee trainer to notify the chief
executive if there is a change in the person's criminal history (clause 58).
People with a disability can be more vulnerable to abuse, neglect or
exploitation than other members of the community. One important and
practical way to promote their safety is through criminal history screening
of people who may come into contact with them at times of vulnerability in
order to increase their protection from harm. Approved trainers and
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Guide, Hearing and Assistance Dogs Bill 2008
employee trainers will have contact with people with a disability when the
trained dog is ready to be placed with its future handler. The trainers will
work directly with the person with a disability to teach them about working
with the trained dog. This contact may involve going into the person's
home.
The provision of the criminal history information is designed to assist the
chief executive in deciding whether an approved trainer or training
institution is, or continues to be, suitable to work with people with a
disability or animals.
However, the criminal history screening requirements of the Bill are not as
broad as the scope of criminal history screening provisions under the
Disability Services Act 2006. Under the Bill, the Criminal Law
(Rehabilitation of Offenders) Act 1986 will apply and will prevent
disclosure of spent convictions.
These powers are considered necessary to protect people with a disability,
and animals under the control of an approved trainer or training institution,
from harm.
The proposal incorporates several protections for applicants, approved
trainers, approved training institutions and employee trainers to ensure the
process is fair:
· before using the information about a person's criminal history,
the chief executive must disclose the information to the person
and allow the person a reasonable opportunity to make written
representations (clause 61);
· the person has a right of review to the chief executive (clause 67);
· the person has a right of appeal to an external tribunal on an
adverse finding by the chief executive (clause 70);
· the Bill does not override the Criminal Law (Rehabilitation of
Offenders) Act 1986 (the Rehabilitation Act). Therefore, the
chief executive is only able to access unspent convictions on a
person's criminal history in accordance with the Rehabilitation
Act;
· the chief executive must develop guidelines for dealing with
criminal history information (clause 63). The purpose of these
guidelines is to ensure natural justice is present and only relevant
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Guide, Hearing and Assistance Dogs Bill 2008
information is used in assessing the suitability of a person to
work with people with a disability or animals; and
· there are strict controls on the use of, and access to, any police
information gained by DSQ through criminal history screening.
In particular, it will be an offence for a person to disclose or give
access to this information to anyone other than for the purposes
of the Act or as required by another law (clause 64).
· Sections 4(3)(a) and (b) of the Legislative Standards Act 1992
Power to immediately suspend registration
The Bill confers on the chief executive the power to immediately suspend:
· the approval of an approved trainer or approved training
institution if a ground exists for immediately suspending the
approval and it is necessary to immediately suspend the approval
to prevent or control harm happening to a person or animal
(clause 26).
· a handler's identity card if a ground exists for immediately
suspending the card and it is necessary to immediately suspend
the card to prevent or control harm happening to a person or
animal (clause 45).
In view of the need for action to be taken immediately, the chief executive
is not required to provide the person or training institution with an
opportunity to be heard before making the decision to suspend under these
clauses.
This power of the chief executive arguably breaches the principles of
natural justice. However, it is defensible on the ground that action may
only be taken if there is an imminent risk of harm to a person or animal.
The Bill provides safeguards by providing that if the chief executive
immediately suspends an approval or identity card, the suspension cannot
operate for longer than three months. In addition, if the chief executive
proceeds to cancel the approval or identity card, the chief executive must
give the person a right to make representations as to why the cancellation
should not happen (clauses 27 and 46). The person or training institution
also has a right of review to the chief executive and a right of appeal to an
external tribunal against a decision to immediately suspend or cancel the
approval or card.
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Guide, Hearing and Assistance Dogs Bill 2008
· Sections 4(3)(a) and (e) of the Legislative Standards Act 1992
Strengthened investigative powers and sanctions
The Bill provides that authorised officers may enter a place if the occupier
of the place consents, it is a public place and the entry is made when it is
open to the public, or it is not a home and the entry is made when the place
is open for carrying on business (clause 81). This clarifies that authorised
officers may enter premises of trainers and others either with consent or
when the premises are open for entry.
Once lawful entry is made the authorised officers have certain powers
available to them for the purpose of monitoring compliance with the Bill
and broader powers for investigating offences against the Bill.
The powers for monitoring an approved trainer's or approved training
institution's compliance with the Bill includes power to ask an approved
trainer or approved training institution to give particular information about
the provision of a training service by the trainer or institution, including
information about a matter dealt with in the prescribed requirements; to
make a document available for inspection by the authorised officer, or
produce a document to the authorised officer for inspection, at a nominated
time and place. The authorised officer can also require a person to make
available for inspection by the authorised officer, or produce to the
authorised officer for inspection, at a reasonable time and place nominated
by the authorised officer--(a) a document issued to the person under the
Bill; or (b) a document required to be kept by the person under the Bill.
Failure to comply without a reasonable excuse will be grounds to suspend
or cancel a trainer's or institution's approval. Self-incrimination will be a
reasonable excuse.
The powers for investigating offences against the Bill include the power to
search or inspect the premises, inspect records and ask questions. These are
considered necessary to allow thorough investigation of alleged offences so
that relevant reliable evidence can be obtained for presentation to a court in
a prosecution for an offence against the Bill.
It is arguable that these provisions negatively impact on the rights and
liberties of persons in charge of public places, approved trainers and
approved training institutions.
The potential fundamental legislative principle breach is justified to ensure
that the matters with which approved trainers or approved training
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Guide, Hearing and Assistance Dogs Bill 2008
institutions must comply and the offences in the Bill are able to be
monitored and enforced effectively.
· Section 4(3)(h) of the Legislative Standards Act 1992
Protection from liability for officials
Clause 113 of the Bill provides that an official or a person acting under
direction of an official is not civilly liable for an act done, or omission
made, honestly and without negligence under the Bill.
It is not considered appropriate for an official or a person acting under his
or her direction to be made personally liable as a consequence of carrying
out his or her responsibilities under the Bill in good faith. As such, the
provisions in the Bill prevent civil liability from being attached to an
official or person acting under direction. Instead liability will attach to the
State. The proposed immunity does not extend to an official or person who
has been negligent, even though they may have acted honestly.
· Section 4(3)(d) of the Legislative Standards Act 1992
Executive officers must ensure corporation complies with Act
Clause 104 of the Bill provides that if a corporation commits an offence
under the Bill, then each of the corporation's executive officers also
commits an offence. An executive officer has a defence if the person was
not in a position to influence the conduct of the corporation or the person
was in a position to influence but exercised reasonable diligence to ensure
compliance by the corporation. Although this clause reverses the onus of
proof it is considered justified as the Bill deals with vulnerable people and
reasonable defences have been included.
Consultation
Community
In 2003, DSQ canvassed community views regarding the legal recognition
of assistance dogs as part of the review of the Disability Services Act 1992.
This was followed by site visits by DSQ officers to dog training institutions
both in Queensland and other jurisdictions, and discussions with key
Queensland government agencies, and the Human Rights and Equal
Opportunity Commission with a view to formulating a legislative response.
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Guide, Hearing and Assistance Dogs Bill 2008
In 2005, DSQ consulted on the Assistance Dogs and Guide Dogs Review
Discussion Paper. This discussion paper sought public feedback on
proposed new laws to recognise the role assistance dogs play in improving
the quality of life for people with a disability. Feedback indicated that a
proposal for a legislative solution was well received.
Most recently, targeted consultation was undertaken regarding the Bill.
Consultation took place from 23 August to 10 September 2007. The draft
Bill was sent to:
· the Disability Council of Queensland;
· peak disability bodies representative of people with a disability
that would benefit from assistance dogs including Better Hearing
Australia, Spinal Injuries Association, Queenslanders with a
Disability Network, Epilepsy Queensland, Carers Queensland,
the Queensland Alliance;
· organisations expert in the training and behaviour of dogs
including Guide Dogs Queensland, Seeing Eye Dogs Australia
(Queensland Branch), Lions Hearing Dogs Incorporated,
Australian Veterinary Association (Queensland Division) and
Queensland and New South Wales assistance dog trainers;
· representative bodies for the business, retail and private transport
sectors including the Queensland Retail Traders and Shop
Keepers Association, Restaurant and Catering Queensland, the
Taxi Council of Queensland, Yellow Cabs and Black and White
Cabs;
· the Local Government Association of Queensland and the
Brisbane City Council;
· the Human Rights and Equal Opportunity Commission.
As part of the consultation process DSQ conducted three consultation
forums comprising invited representatives of key community stakeholder
organisations. Feedback was received at the consultation forums, by
telephone and in written submission. Submissions were also received from
Cairn Community Legal Centre Inc and Welfare Rights Centre Inc in 2008.
Interstate guide dog training institutions were also contacted and consulted
regarding the Bill and their desire to become approved guide dog training
institutions under the new legislation. The following organisations were
provided with details of the legislative framework: Association for the
Blind of Western Australia, Guide Dogs NSW/ACT, Guide Dogs Victoria,
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Guide, Hearing and Assistance Dogs Bill 2008
Guide Dogs Association of SA and NT Inc, the Royal Guide Dogs for the
Blind Association of Tasmania (trading as Guide Dogs Tasmania).
Government
Key Government departments have been consulted throughout the
development of the legislative proposal and the Bill. Select Government
departments were provided with a consultation draft of the Bill and invited
to attend an information forum held on 5 September 2007. Government
departments and agencies consulted include: Department of the Premier
and Cabinet, Department of Justice and Attorney-General, Queensland
Health, Queensland Transport, Queensland Rail, Queensland Corrective
Services, Queensland Police Service, Environmental Protection Agency,
the former Department of Tourism, Fair Trading and Wine Industry
Development, the former Department of Local Government, Planning,
Sport and Recreation, and Department of Education, Training and the Arts.
Consultation has also occurred with the Anti-Discrimination Commission
Queensland, the Human Rights and Equal Opportunity Commission and
the Federal Attorney-General's Department.
Notes On Provisions
Part 1 Preliminary
Division 1 Introduction
Short title
Clause 1 describes the short title of the Bill as being the Guide, Hearing
and Assistance Dogs Act 2008.
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Guide, Hearing and Assistance Dogs Bill 2008
Commencement
Clause 2 provides that the Bill commences on a day to be fixed by
proclamation.
Objects of Act
Clause 3 provides the objects of the Bill. These are:
· to assist people with a disability who rely on guide, hearing or
assistance dogs to have independent access to the community;
and
· to ensure the quality and accountability of guide, hearing and
assistance dog training services.
Sub clause (2) provides that these objects are mainly achieved by:
· protecting the right of people with a disability who rely on guide,
hearing or assistance dogs to be accompanied by their dog in
particular public places and public passenger vehicles; and
· protecting the right of guide, hearing and assistance dog trainers
to be accompanied by the dogs in particular public places and
public passenger vehicles; and
· providing a simple and consistent means of identifying properly
trained guide, hearing and assistance dogs; and
· providing for the approval of guide, hearing and assistance dog
training services.
Division 2 Interpretation
Dictionary
Clause 4 provides that particular words used in the Bill are defined in the
dictionary in schedule 4 of the Bill (located at the end of the Bill).
What is a disability
Clause 5 provides the definition of "disability" for the purposes of the Bill.
The definition adopts the definition in the Disability Services Act 2006 but
with some modification to increase its coverage to all people who have an
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Guide, Hearing and Assistance Dogs Bill 2008
impairment that results in any level of reduction in their capacity for
communication, social interaction, learning, mobility, or self care or
management, not just a `substantial' reduction. The definition includes the
presence in a person's body of organisms capable of causing illness or
disease to ensure that the definition includes people who would be
considered to have an impairment for the purposes of the
Anti-Discrimination Act 1991.
Part 2 Guide, hearing and assistance
dogs in public places and public
passenger vehicles
Division 1 Preliminary
Definitions for pt 2
Clause 6 explains the meaning of "public passenger vehicle" and "public
place" as used in part 2.
Examples of a public passenger vehicle include a bus, ferry, plane, taxi or
train. Examples of a public place include a beach, restaurant or shopping
centre.
Public places and public passenger vehicles to which this part
applies
Clause 7 specifies the places to which a person accompanied by a guide,
hearing or assistance dog does not have a right to be accompanied under
part 2. These include:
· a part of a health service facility mentioned in schedule 1 of the
Bill;
· an ambulance;
· a part of a public place or public passenger vehicle where food is
ordinarily prepared;
· a public place or public passenger vehicle prescribed under a
regulation for this clause.
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Guide, Hearing and Assistance Dogs Bill 2008
Sub clause (2) provides that the Minister may recommend the making of a
regulation under sub clause (1)(d) only if satisfied the presence of a dog in
the public place or public passenger vehicle would be a risk to the health or
welfare of people ordinarily at the place or on the vehicle, or a serious risk
to a plant or animal native to the public place.
Clause 7 recognises that for reasons associated with the maintenance of
health and hygiene standards or for environmental reasons, there are some
places where a dog should not go. The clause also will enable a regulation
to be made in the future if it is necessary to restrict a dog's access because
of a human health or welfare risk, or to preserve native flora and fauna in
certain places.
Division 2 Right to be accompanied by a guide,
hearing or assistance dog
People with a disability may be accompanied by their guide,
hearing and assistance dogs
Clause 8 makes it clear that a person with a disability who relies on a guide,
hearing or assistance dog to reduce the person's need for support may be
accompanied by the guide, hearing or assistance dog in a public place or
public passenger vehicle.
Sub clause (2) also makes it clear that such a person does not commit an
offence merely by taking the guide, hearing or assistance dog into a public
place or public passenger vehicle.
The clause recasts section 5 of the Guide Dogs Act 1972 and extends its
operation to assistance dogs.
Trainers and puppy carers may be accompanied by guide,
hearing, assistance and trainee support dogs
Clause 9 makes it clear that an approved trainer, employee trainer or puppy
carer may be accompanied by a guide, hearing, assistance or trainee
support dog in a public place or public passenger vehicle.
Sub clause (2) also makes it clear that an approved trainer, employee
trainer or puppy carer does not commit an offence merely by taking a
guide, hearing, assistance or trainee support dog into a public place or
public passenger vehicle.
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Guide, Hearing and Assistance Dogs Bill 2008
The clause recasts section 6D of the Guide Dogs Act 1972 and extends its
operation to puppy carers and assistance dogs.
Lawful presence at a place or on a vehicle
Clause 10 clarifies that clauses 8 and 9 do not:
· affect the lawfulness of a person with a disability, trainers or
puppy carers to be at a place or on a vehicle; or
· prevent a person from lawfully refusing entry, to a place or
vehicle, to a person accompanied by a guide, hearing, assistance
or trainee support dog for a reason other than the person being
accompanied by their dog; or
· prevent a person from lawfully requiring a person accompanied
by a guide, hearing, assistance or trainee support dog to leave a
place or vehicle for a reason other than the person being
accompanied by their dog.
The clause makes it clear that the Bill does not affect other legal rights
relating to entry or access by persons to public places or public passenger
vehicles.
Division 3 Obligations of persons exercising
control of public places and public
passenger vehicles
Who is a person exercising control of a public place or public
passenger vehicle
Clause 11 explains the meaning of a "person exercising control" of a public
place or public passenger vehicle as used in the Bill. This is defined as a
person exercising control, or purporting to exercise control, over:
· access to, or permission to remain in, the place or vehicle; or
· the delivery of a service in the place or vehicle.
Identification procedure for handlers and trainers
Clause 12 explains the meaning of "identification procedure" as used in the
Bill. This is defined as a procedure that a person complies with in order to
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Guide, Hearing and Assistance Dogs Bill 2008
identify themselves as a person who is accompanied by a properly trained
guide, hearing or assistance dog or a trainee support dog.
Sub clause (2) provides that a person complies with the identification
procedure by:
· having their identity card visibly displayed or available for
inspection; and
· ensuring the dog is wearing: for a guide dog a harness; or for an
assistance dog an identifying coat; or for a hearing or trainee
support dog a harness or identifying coat.
Sub clause (3) makes it clear that a person does not comply with the
identification procedure if the person's identity card is suspended,
cancelled or expired.
Sub clause (4) explains the meaning of "identifying coat" and "identity
card" as used in the clause.
This procedure to bring a person and their accompanying dog under the
terms of the Bill is entirely optional and voluntary. If a person chooses to
comply with this scheme, it places an obligation on persons exercising
control of a public place or public passenger vehicle not to contravene the
provisions of the Bill with associated penalties for non compliance.
Obligations of persons exercising control of public places and
public passenger vehicles
Clauses 13(1)(a) and (b) contain offences for a person exercising control of
a public place or public passenger vehicle to refuse entry to, permission to
be in, or service in the place or vehicle to an accompanied handler who is
complying with the identification procedure. Clause 13(1)(c) contains an
offence for imposing a term that would result in a person with a disability
being separated from their guide, hearing or assistance dog while in the
place or vehicle. These offences are punishable by a maximum penalty of
100 penalty units.
Under the Guide Dogs Act 1972 the offences of unlawfully denying access,
accommodation or service to a person accompanied by a guide dog
attracted a penalty of only 1 penalty unit. The offence of unlawfully
imposing a term that requires a dog to be separated from its handler was
previously located in section 225 of the Anti-Discrimination Act 1991 and
attracted a penalty of 35 penalty units. The increase in penalties to a
maximum of 100 penalty units for the offences in the Bill reflects the
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Guide, Hearing and Assistance Dogs Bill 2008
importance of the offences in deterring or punishing offenders who would
deny the rights of persons accompanied by trained guide, hearing, or
assistance dogs, and trainee support dogs in accessing public places and
public passenger vehicles.
Sub clause (2) provides a defence to a contravention of sub clause (1) for
the person to prove that he or she acted for a reason that did not relate to the
accompanied handler or person with a disability being accompanied by a
guide, hearing, assistance, or trainee support dog; and that this reason was
reasonable in the circumstances.
Sub clause (3) explains the meaning of "accompanied handler" and "term"
as used in clause 13.
Part 3 Trainers of guide, hearing and
assistance dogs
Division 1 Approval of trainers of guide, hearing
and assistance dogs
Who is suitable for approval
Clause 14 sets out the attributes that will make a person suitable to be an
approved trainer or approved training institution under part 3 of the Bill. A
person is suitable for approval if:
(1) The person is able to:
· train reliable guide, hearing or assistance dogs that are able to
perform identifiable physical tasks and behaviours for the benefit
of a person with a disability; and that are safe and effective in
public places and public passenger vehicles; and
· select dogs that are able to meet the individual needs of a person
with a disability; and
· provide ongoing and regular support to the handlers of the guide,
hearing or assistance dogs trained by the person.
(2) The person does not have a criminal history that makes him or her
unsuitable to work with animals or people with a disability, or for an
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Guide, Hearing and Assistance Dogs Bill 2008
approved training institution, that it does not employ trainers that have
a criminal history that would make them unsuitable to work with
animals or people with a disability.
Application for approval
Clause 15 enables an individual or a corporation (the applicant) to apply to
the chief executive for approval in 1 or more of the categories of approved
trainer or approved training institution.
Sub clause (3) stipulates that the application must be in the approved form
and accompanied by the following:
· documents or information establishing the applicant's suitability
for approval;
· a consent to a criminal history check for an individual or each
employee trainer of an institution;
· disclosure of criminal history (if any);
· the fee (if any) prescribed in a regulation.
Sub clause (4) requires the applicant to provide additional information and
documents if reasonably requested by the chief executive.
Sub clause (5) specifies the 3 categories of approved trainer or approved
training institution for the Bill. These are: guide dog trainer, hearing dog
trainer and assistance dog trainer.
Submissions from advisory committee
Clause 16 enables the chief executive to request a submission about the
applicant from an advisory committee (see part 10). If an advisory
committee receives such a request, the committee must, within 28 days,
give the chief executive a written submission about the applicant. The
advisory committee must also give a copy of the submission to the
applicant, together with a notice advising the applicant about the right to
make written representations to the chief executive about the committee's
submission within 14 days.
Sub clause (3) provides that the applicant may make written
representations to the chief executive about the submission within 14 days
of receipt of the advisory committee's submission and notice. This sub
clause allows the applicant to place before the chief executive any material
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Guide, Hearing and Assistance Dogs Bill 2008
to be considered by the chief executive together with the advisory
committee's submission.
Decision on application for approval
Clause 17 requires the chief executive to grant or refuse to grant the
approval upon consideration of the application. Under sub clause (4) if the
chief executive is satisfied that the applicant is suitable for approval, the
chief executive must decide to grant the approval and sub clause (5) allows
the chief executive to impose any reasonable and relevant conditions.
Under sub clause (6) the chief executive must decide to refuse to grant the
approval if the chief executive is not satisfied about the suitability of the
applicant. Sub clause (2) sets out the criteria which must be considered for
assessing the application which include:
· the applicant's, or for a corporation, the applicant's employees',
qualifications, knowledge or experience in dog obedience
training;
· the training methods to be used by the applicant;
· a submission made to the chief executive about the applicant by
an advisory committee and any representations by the applicant;
· the criminal history of the applicant, or employee trainers if the
applicant is a corporation;
· another matter prescribed under a regulation.
Sub clause (3) allows the chief executive to also consider the applicant's:
· membership of an organisation that promotes standards of dog
training;
· qualifications, knowledge or experience that demonstrates an
understanding of the needs of people with a disability.
Notification of decision
Clause 18 requires the chief executive to immediately provide a successful
applicant with a notice of the decision, as well as notify the name and
category of the approved trainer or approved training institution in the
Queensland Government Gazette.
If an approval is granted with conditions or refused, sub clauses (2) and (3)
require the chief executive to immediately provide an information notice to
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Guide, Hearing and Assistance Dogs Bill 2008
the applicant. An information notice is defined in schedule 4 and includes
certain requirements.
Approval remains in force unless immediately suspended,
cancelled or surrendered
Clause 19 provides that an approval remains in force unless immediately
suspended, cancelled, or surrendered under part 3.
Division 2 Review of approval
Definitions for div 2
Clause 20 explains the meaning of "trainer" and "institution" as used in
division 2.
Review of approval
Clause 21 requires the chief executive to conduct a review of the trainer's
or institution's approval 3 years after the approval was granted and then at
least every 3 years. The chief executive must give written notice to the
trainer or institution before conducting the review, and the trainer or
institution must within 28 days provide documents and information
required under the notice that the chief executive reasonably requires to
conduct the review.
Submissions from advisory committee
Clause 22 enables the chief executive to request a submission about the
trainer or institution from an advisory committee (see part 10) for the
review. If an advisory committee receives such a request, the committee
must, within 28 days, give the chief executive a written submission about
the trainer or institution. The advisory committee must also give a copy of
the submission to the trainer or institution, together with a notice advising
the trainer or institution about the right to make written representations to
the chief executive about the committee's submission within 14 days.
Sub clause (3) provides that the trainer or institution may make written
representations to the chief executive about the submission within 14 days
of receipt of the advisory committee's submission and notice. This sub
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Guide, Hearing and Assistance Dogs Bill 2008
clause allows the trainer or institution to place before the chief executive
any material to be considered by the chief executive together with the
advisory committee's submission.
Decision on review
Clause 23 requires the chief executive when deciding the review to
consider whether the trainer or institution is suitable for continued
approval. The clause sets out the matters which the chief executive must
consider in deciding a review, which include:
· the trainer's, or for an institution, the institution's employees'
qualifications, knowledge or experience in dog obedience
training;
· the training methods used or to be used by the trainer or
institution;
· a submission made to the chief executive about the trainer or
institution by an advisory committee and any representations by
the trainer or institution;
· the criminal history of the trainer or for an institution, the
institution's employee trainers;
· another matter prescribed under a regulation.
Sub clause (2) provides that the chief executive may have regard to:
· the trainer's or institution's membership of an organisation that
promotes standards of dog training;
· the trainer's or institution's qualifications, knowledge or
experience that demonstrates an understanding of the needs of
people with a disability;
· the trainer's or institution's history of compliance with the
prescribed requirements; and
· any complaints made to the chief executive about the trainer or
institution.
After conducting the review, if the chief executive is satisfied that an
approved trainer or approved training institution is suitable for continued
approval, the chief executive is required to give the trainer or training
institution a notice stating that the review has been completed.
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Guide, Hearing and Assistance Dogs Bill 2008
Division 3 Immediate suspension, cancellation
and voluntary surrender of approval
Subdivision 1 Preliminary
Definitions for div 3
Clause 24 explains where the meanings of "show cause notice" and "show
cause period" as used in division 3 are set out.
Grounds for immediate suspension or cancellation of approval
Clause 25 sets out the grounds of immediate suspension or cancellation for
an approved trainer's or approved training institution's approval. They are:
· the trainer or institution is no longer suitable for approval;
· the trainer or institution has contravened the prescribed
requirements;
· the trainer or institution has contravened a provision of the Bill;
· the institution employs an unsuitable person as an employee
trainer;
· the trainer or institution has intentionally or recklessly certified a
dog as a guide, hearing or assistance dog and the dog has not, or
should not have, passed a public access test;
· the approval was granted because of a materially false or
misleading representation or declaration.
Sub clause (2) explains the meaning of "unsuitable person" as used in
clause 25.
Subdivision 2 Immediate suspension
Immediate suspension of approval
Clause 26 allows the chief executive to immediately suspend a trainer's or
approved training institution's approval by information notice if the chief
executive reasonably believes a ground exists for immediately suspending
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Guide, Hearing and Assistance Dogs Bill 2008
the approval and it is necessary to immediately suspend the approval to
prevent or control harm happening to a person or an animal.
Sub clause (3) limits the suspension to a period of not more than 3 months.
The suspension will have effect immediately when an information notice is
given to the trainer or institution.
Subdivision 3 Cancellation
Show cause process
Clause 27 requires the chief executive to supply the approved trainer or
approved training institution with a show cause notice if the chief executive
proposes to cancel an approval. The chief executive must believe a ground
exists to cancel the approval. The show cause notice must state that the
chief executive proposes to cancel the approval; the grounds for
cancellation; an outline of the facts and circumstances forming the basis for
the grounds; and that the trainer or institution may make written
representations explaining why the trainer's or institution's approval should
not be cancelled, within a stated period of not less than 21 days after the
show cause notice is given.
Sub clause (4) requires the chief executive to consider all written
representations made by the trainer or institution within the show cause
period.
Ending show cause process without further action
Clause 28 requires that if, after the show cause period, the chief executive
no longer believes the ground exists to take the proposed action, the chief
executive must:
· take no action about the show cause notice; and
· give notice to the approved trainer or approved training
institution that no further action is to be taken. This notice must
be given as soon as practicable.
Cancellation of approval
Clause 29 allows the chief executive to cancel an approval if, at the end of
the show cause period, the chief executive still believes cancellation is
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Guide, Hearing and Assistance Dogs Bill 2008
warranted. Sub clause (2) requires the chief executive to give an
information notice about the decision to the approved trainer or approved
training institution. Sub clause (3) provides that the cancellation will take
effect on the day the information notice is given to the approved trainer or
approved training institution, or on a day stated in the notice, whichever is
the later.
Subdivision 4 Voluntary surrender of approval
Voluntary surrender of approval
Clause 30 allows an approved trainer or approved training institution to
surrender their approval by written notice to the chief executive. Sub
clause (2) provides that the surrender will take effect on the day the notice
is given, or on a day stated in the notice, whichever is the later.
Division 4 Prescribed requirements
Prescribed requirements
Clause 31 allows a regulation to prescribe requirements relating to the
provision of training services by an approved trainer or approved training
institution. Without limiting the matters which may be prescribed, sub
clause (2) lists what the prescribed requirements could be, for example a
regulation may prescribe requirements for trainers or institutions about:
· assessments and training of clients in relation to the control and
care of guide, hearing or assistance dogs and information to be
given to clients;
· the types of records to be kept about employment of employee
trainers and puppy carers (including volunteers); the issue of
trainer's identity cards; training of dogs; and veterinary history of
dogs;
· policies to be prepared, maintained, published or implemented;
· insurance coverage;
· maintaining accreditation on the basis of industry standards or
other relevant standards.
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Guide, Hearing and Assistance Dogs Bill 2008
A breach of the prescribed requirements is a ground for immediately
suspending or cancelling a trainer's or institution's approval under clause
25.
Division 5 Other matters
Approved trainers and approved training institutions must give
notice of change
Clause 32(1) requires an approved trainer or approved training institution
to notify the chief executive in writing within 14 days after becoming
aware of a change of address or a matter prescribed under a regulation,
unless the trainer or institution has a reasonable excuse.
A breach of the sub clause is a ground for immediately suspending or
cancelling a trainer's or institution's approval under clause 25.
Clause 32(2) contains an offence for an approved training institution to fail
to give the chief executive a consent to a criminal history check from a new
employee trainer within 14 days of employing the trainer. The offence is
punishable by a maximum penalty of 20 penalty units.
Claims by persons about approval
Clause 33 contains an offence for a person who is not an approved trainer
or approved training institution to hold out, or attempt to hold out, to be
approved by the chief executive for training guide, hearing or assistance
dogs. The offence is punishable by a maximum penalty of 100 penalty
units.
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Guide, Hearing and Assistance Dogs Bill 2008
Part 4 Certification of guide, hearing
and assistance dogs
Division 1 Interpretation
Definitions for pt 4
Clause 34 explains the meaning of "approved assistance dog trainer",
"approved guide dog trainer" and "approved hearing dog trainer" as used in
part 4.
Public access test
Clause 35 explains the meaning of "public access test" as used in the Bill.
This is defined as a test approved by the chief executive to assess if a guide,
hearing or assistance dog is safe and effective in a public place or public
passenger vehicle, and is able to be controlled by the handler of the dog.
Sub clause (2) sets out where a copy of the public access tests may be
inspected by the public free of charge. This includes at the department's
head and regional offices and on the department's website on the internet.
Division 2 Certification of guide, hearing and
assistance dogs
Certification of guide dogs
Clause 36 mandates that an approved guide dog trainer may only certify a
guide dog for a person with a disability if the dog:
· is capable of being used as a guide dog by a person with a vision
impairment;
· has passed a public access test conducted in the previous 7 days
by the approved trainer or an employee trainer of the approved
training institution;
· is not of a restricted breed as defined under the Local
Government Act 1993;
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Guide, Hearing and Assistance Dogs Bill 2008
· is de-sexed and vaccinated; and
· has not been declared a dangerous dog under a local law.
Certification of hearing dogs
Clause 37 mandates that an approved hearing dog trainer may only certify a
hearing dog for a person with a disability if the dog:
· is capable of being used as an aid by a person with a hearing
impairment;
· has passed a public access test conducted in the previous 7 days
by the approved trainer or an employee trainer of the approved
training institution;
· is not of a restricted breed as defined under the Local
Government Act 1993;
· is de-sexed and vaccinated; and
· has not been declared a dangerous dog under a local law.
Certification of assistance dogs
Clause 38 mandates that an approved assistance dog trainer may only
certify an assistance dog for a person with a disability if the dog:
· is capable of performing identifiable physical tasks and
behaviours to assist the person in a way that reduces the person's
need for support;
· has passed a public access test conducted in the previous 7 days
by the approved trainer or an employee trainer of the approved
training institution;
· is not of a restricted breed as defined under the Local
Government Act 1993;
· is de-sexed and vaccinated; and
· has not been declared a dangerous dog under a local law.
Approved or employee trainer must not certify own dog
Clause 39 stipulates that an approved trainer who has a disability must not
certify a dog as a guide, hearing or assistance dog if they are the person
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Guide, Hearing and Assistance Dogs Bill 2008
who relies on the dog. Sub clause (2) also stipulates that an approved
training institution must not certify a dog as a guide, hearing or assistance
dog for a person with a disability who is employed by that institution as a
trainer, or a director or shareholder of the institution.
A breach of the clause is a ground for immediately suspending or
cancelling a trainer's or institution's approval under clause 25.
Part 5 Identity cards for handlers,
trainers and puppy carers
Division 1 Identity cards for handlers
Subdivision 1 Issue of handlers' identity cards
Eligibility for handler's identity card
Clause 40 sets out the eligibility requirements for a person with a disability
who relies on a guide, hearing or assistance dog to obtain a handler's
identity card. The person will be eligible for a card if:
· the person reasonably requires the dog to reduce the person's
need for support;
· the person is able to physically control the dog; and
· the application is made within 28 days after an approved trainer
or approved training institution has certified the person's dog.
Application for handler's identity card
Clause 41 allows a person with a disability who relies on a guide, hearing
or assistance dog (the applicant) to apply to the chief executive for a
handler's identity card.
Sub clause (2) sets out the requirements for the application. The applicant
must use the approved form and provide documents or information
prescribed by regulation, including evidence of their disability; a photo of
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Guide, Hearing and Assistance Dogs Bill 2008
the applicant and their dog that complies with the requirements prescribed
by regulation; and a fee (if any) prescribed by regulation.
Sub clause (4) requires the chief executive to consider and make a decision
to either issue or refuse to issue the handler's identity card within 28 days
of receipt of the application. To issue the identity card the chief executive
must be satisfied that the applicant has satisfied the requirements set out in
clause 40. Sub clause (6) requires the identity card to be issued as soon as
practicable. Sub clause (7) requires the chief executive to immediately give
an information notice to the applicant if a decision is made to refuse the
application.
Term of handler's identity card
Clause 42 sets out the term of a handler's identity card. The card will
become effective on the day it is issued and will expire, unless it is sooner
suspended, cancelled or surrendered, on the expiry date indicated on the
card. An identity card relating to the use of a guide or hearing dog may
have a term of up to 5 years from the day the card is issued. An identity
card relating to the use of an assistance dog may have a term of up to 2
years from the day the card is issued.
Hearing or vision impairments are less likely to fluctuate over time than
other physical disabilities. The extent and degree of other physical
disabilities could vary markedly and therefore it will be necessary to
reassess any change in the person with a disability's situation and needs,
and ensure that their dog is able to accommodate and attend to these
changes effectively.
For this reason, the training and certification of an assistance dog should be
monitored at shorter intervals and this is reflected in the maximum 2 year
term for an identity card for the use of an assistance dog.
Notice of expiry of handler's identity card
Clause 43 requires the chief executive to give a handler at least 60 days
notice that the identity card is due to expire. The notice provided to the
handler must indicate the date the card will expire and how the handler may
apply for another identity card.
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Guide, Hearing and Assistance Dogs Bill 2008
Subdivision 2 Immediate suspension, cancellation
and voluntary surrender of handlers'
identity cards
Grounds for immediate suspension or cancellation of handler's
identity card
Clause 44 stipulates the grounds for immediate suspension or cancellation
of a handler's identity card. The grounds are that:
· the dog is a risk to the health or welfare of the handler or
someone else;
· the handler no longer relies on the dog;
· the dog was certified because of a materially false or misleading
representation or declaration;
· the identity card was issued because of a materially false or
misleading representation or declaration.
Sub clause (2) explains the meaning of "handler's dog" as used in clause
44.
Immediate suspension of handler's identity card
Clause 45 allows the chief executive to immediately suspend a handler's
identity card. The chief executive may immediately suspend a handler's
identity card by information notice if the chief executive reasonably
believes that a ground exists for immediately suspending the card and it is
necessary to immediately suspend the card to prevent or control harm
happening to a person or animal. Sub clause (2) requires the suspension
period to be stated in the information notice. Sub clause (3) allows the
chief executive to determine the length of the suspension period but the
period cannot be longer than 3 months. The suspension takes effect
immediately when the notice is given.
Cancellation of handler's identity card
Clause 46 allows the chief executive to cancel a handler's identity card if
the chief executive believes that a ground exists for cancellation. Sub
clauses (2) and (3) set out the process that must be followed for
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Guide, Hearing and Assistance Dogs Bill 2008
cancellation of a handler's identity card. Before cancelling the identity
card the chief executive must give the handler a notice which sets out:
· that the chief executive proposes to cancel the card;
· the reasons and bases for the reasons for the proposed
cancellation;
· an invitation to provide a written response as to why the card
should not be cancelled within a period of not less than 28 days.
The chief executive must consider any written response received from
either the handler, or an approved trainer or approved training institution
before cancelling the identity card. If the chief executive decides to
proceed with the cancellation of the identity card the chief executive must
immediately give the handler an information notice about the decision.
The decision will take effect on the day the information notice is given to
the handler or the day stated in the information notice, whichever is the
later.
Voluntary surrender of handler's identity card
Clause 47 allows a handler to voluntarily surrender their identity card by
giving the card and a written notice of surrender to the chief executive.
Subdivision 3 Other matters
Replacement of handler's identity card
Clause 48 allows a handler to apply to the chief executive for a replacement
card where the handler's card has been damaged, lost or stolen. The
application must be in the approved form and be accompanied by the fee (if
any) prescribed by regulation. The chief executive must replace the card if
satisfied the card has been damaged, lost or stolen.
However, a handler cannot apply for a replacement card while the identity
card is suspended or cancelled, or if it has expired.
Return of handler's identity card
Clause 49 contains an offence for a handler to fail without reasonable
excuse to immediately return their identity card to the chief executive if the
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Guide, Hearing and Assistance Dogs Bill 2008
card is cancelled or the dog to which the card relates, dies or is retired. The
offence is punishable by a maximum penalty of 2 penalty units.
Sub clause (2) explains the meaning of "retirement" as used in clause 49.
Division 2 Identity cards for approved trainers
Issue of identity card for approved trainer
Clause 50 requires the chief executive to issue an identity card to each
approved trainer.
Term of identity card for approved trainer
Clause 51 provides for the term of an identity card for an approved trainer.
The identity card becomes effective on the day the card is issued and
expires on the expiry date stated on the card.
Replacement of identity card for approved trainer
Clause 52 allows an approved trainer to apply to the chief executive for a
replacement card where the trainer's card has been damaged, lost or stolen.
The application must be in the approved form and be accompanied by the
fee (if any) prescribed by regulation. The chief executive must replace the
card if satisfied the card has been damaged, lost or stolen.
However, an approved trainer cannot apply for a replacement card while
the identity card is suspended or cancelled, or if it has expired.
Return of identity card for approved trainer
Clause 53 contains an offence for an approved trainer whose approval has
been cancelled or surrendered to fail without reasonable excuse to return
the trainer's identity card to the chief executive within 7 days. The offence
is punishable by a maximum penalty of 20 penalty units.
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Guide, Hearing and Assistance Dogs Bill 2008
Division 3 Identity cards for employee trainers
and puppy carers
Issue of identity card for employee trainer or puppy carer
Clause 54 requires an approved training institution to issue identity cards to
its employee trainers and puppy carers. Sub clause (2) requires an approved
training institution not to issue an identity card to anyone other than an
employee trainer or puppy carer of that institution, or to issue an identity
card that does not comply with the requirements prescribed under a
regulation.
Sub clause (3) explains the meaning of "identity card" as used in clause 54.
A breach of the clause is a ground for immediately suspending or
cancelling the institution's approval under clause 25.
Return of identity card for employee trainer or puppy carer
Clause 55 requires an approved training institution to collect an employee
trainer's or puppy carer's identity card as soon as practicable after the
trainer or carer stops being a trainer or carer.
A breach of the clause is a ground for immediately suspending or
cancelling the institution's approval under clause 25.
Part 6 Screening of approved and
employee trainers
Division 1 Preliminary
Main purpose of pt 6
Clause 56 provides that the main purpose of part 6 is to enable the chief
executive to obtain the criminal history of, and related information about,
approved trainers and employee trainers.
People with a disability can be more vulnerable to abuse, neglect or
exploitation than other members of the community. One important and
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Guide, Hearing and Assistance Dogs Bill 2008
practical way to promote their safety is through criminal history screening
of people who may come into contact with them at times of vulnerability in
order to increase their protection from harm. Trainers will have direct
contact with people with a disability when training a dog to work with the
person and this may involve going into the person's home.
For this reason the Bill provides for criminal history screening of approved
trainers and employee trainers. However, the criminal history screening
requirements of the Bill are not as broad as the scope of criminal history
screening provisions under the Disability Services Act 2006, and the
Criminal Law (Rehabilitation of Offenders) Act 1986 will apply and will
prevent disclosure of spent convictions.
Division 2 Disclosure of criminal history
Employee trainers must disclose criminal history
Clause 57 contains an offence for an employee trainer not to disclose to the
chief executive whether or not the trainer has a criminal history, and if so,
the trainer's complete criminal history.
The offence is punishable by a maximum penalty of 20 penalty units.
Approved and employee trainers must disclose changes in
criminal history
Clause 58 contains an offence for an approved or employee trainer not to
immediately disclose to the chief executive details of a change in the
criminal history of the trainer. The offence is punishable by a maximum
penalty of 20 penalty units.
Sub clause (2) makes it clear that for an approved or employee trainer who
does not have a criminal history, their criminal history is taken to have
changed if the trainer acquires a criminal history.
Requirements for disclosure
Clause 59 sets out how an approved trainer or employee trainer should
comply with clause 57 or 58. An approved trainer or employee trainer
must give the chief executive a disclosure in the approved form and must
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Guide, Hearing and Assistance Dogs Bill 2008
include the following information about a conviction of an offence in the
trainer's criminal history:
· the existence of the conviction;
· when the offence was committed;
· details of the offence; and
· whether or not a conviction was recorded and the sentence
imposed on the trainer.
Division 3 Chief executive may obtain report
about criminal history
Chief executive may obtain report from commissioner of the
police service
Clause 60 allows the chief executive to ask the commissioner of the police
service (the commissioner) to give the chief executive certain information
about an approved trainer, employee trainer or a person who has provided
the chief executive with a consent to a criminal history check. The chief
executive may ask the commissioner for a written report about the person's
criminal history and a brief description of the circumstances of a conviction
mentioned in the person's criminal history. The commissioner must give
the chief executive the information requested but only if the information is
in the commissioner's possession or if the commissioner has access to the
information.
Division 4 Use of information
Person to be advised of information obtained
Clause 61 requires the chief executive to disclose the criminal history
information obtained about a person from the commissioner to the person
and allow the person a reasonable opportunity to make a written
submission to the chief executive before the chief executive may use the
information to make an assessment of the suitability of the person to work
with animals or people with a disability.
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Guide, Hearing and Assistance Dogs Bill 2008
Use of information obtained under this part
Clause 62 provides that the chief executive must not use information about
a person's criminal history for any purpose other than assessing the
person's suitability to work with animals or people with a disability. Sub
clause (3) stipulates that the chief executive must have regard to the
following matters relating to information about a conviction for an offence
when making an assessment of a person's suitability:
· when the offence was committed;
· the nature of the offence and its relevance to the person's ability
to work with animals or people with a disability;
· any written representation by the person;
· anything else the chief executive considers relevant to the
assessment of the person.
Division 5 Controls on information
Guidelines for dealing with information
Clause 63 requires the chief executive to make guidelines for dealing with
the information obtained under part 6 The guidelines must be consistent
with the Bill. The purpose of these guidelines is to ensure that:
· natural justice is afforded to the persons about whom the
information is obtained;
· only relevant information is used in assessing the suitability of a
person to work with animals or people with a disability; and
· decisions based on the information are made consistently.
Sub clause (3) requires the chief executive to give a copy of the guidelines
to a person who has or will have a duty to disclose under clause 57 or 58.
Confidentiality of information about criminal history
Clause 64 contains an offence for a public service employee who has
acquired information or gained access to a document about a person's
criminal history under part 6, to disclose that information, or give access to
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Guide, Hearing and Assistance Dogs Bill 2008
that document to anyone else. The offence is punishable by a maximum
penalty of 100 penalty units or 2 years imprisonment.
However, it will not be an offence to disclose information or give access to
a document about a person's criminal history:
· to the chief executive or a public service employee for the
purpose of assessing the person's suitability to work with animals
or people with a disability; or
· if the person, being an adult, consents to the disclosure; or
· if the disclosure or giving of access is required under an Act.
Part 7 Reviews and appeals
Division 1 Interpretation
Definitions for pt 7
Clause 65 explains where the meanings of "interested person", "reviewed
decision", "reviewable decision" and "reviewed decision notice" as used in
part 7 are set out.
Division 2 Reviewable decisions
Reviewable decisions
Clause 66 lists the decisions of the chief executive that can be reviewed
under the Bill. The reviewable decisions are:
· to impose conditions on a grant of approval under section 17; or
· to refuse to grant an approval under section 17; or
· to immediately suspend an approval under section 26; or
· to cancel an approval under section 29; or
· to refuse to issue a handler's identity card under section 41; or
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Guide, Hearing and Assistance Dogs Bill 2008
· to immediately suspend a handler's identity card under section
45; or
· to cancel a handler's identity card under section 46.
Sub clause (2) provides that the person who may seek to have the decision
reviewed is the person (called the interested person) to whom the chief
executive was required to provide an information notice about the decision.
Division 3 Review of decision
Application for review
Clause 67 allows the interested person to apply for a review of a reviewable
decision within 28 days of receipt of the information notice about the
decision. However, the chief executive can extend the usual 28 day time
limit. Also, if the chief executive has not given the interested person an
information notice about the decision, the person can still apply to the chief
executive to have the decision reviewed. An application for review must be
in the approved form and be supported by enough information to enable the
chief executive to decide the application.
Stay of operation of original decision
Clause 68 makes it clear that an application for review of a decision does
not prevent the decision from taking effect. However, before the decision
takes effect, the chief executive by notice can stay the operation of the
decision for a specified time and on any conditions that the chief executive
considers appropriate.
Sub clause (4) makes it clear that whether or not the applicant has asked the
chief executive to stay the decision the applicant may apply to the
Commercial and Consumer Tribunal (the tribunal) for a stay of the
decision. The tribunal may stay the decision to secure the effectiveness of
the review and any later appeal to the tribunal, and may do so for a
specified time and on any conditions it considers appropriate.
Sub clause (7) provides that if the matter is stayed, the period of the stay
cannot be longer than the time when the chief executive makes the
reviewed decision and any later period the tribunal allows to enable the
applicant to appeal against the reviewed decision.
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Guide, Hearing and Assistance Dogs Bill 2008
Review decision
Clause 69 makes it clear that for a review by the chief executive of the
original decision, the chief executive must ensure the application is not
dealt with by the person who made the original decision or a person in a
less senior position than the person who made the original decision. The
only exception to this is if the chief executive personally made the original
decision.
Within 28 days after receiving the review application, the chief executive
(or an authorised delegate) must review the original decision and make a
decision to confirm, amend or substitute the original decision.
Immediately after deciding the application, the chief executive must give
the interested person a written notice stating:
· the reviewed decision;
· reasons for the reviewed decision;
· that within 28 days after receiving the notice, the interested
person may appeal against the reviewed decision to the tribunal;
and
· how they may appeal to the tribunal.
Sub clause (5) provides that if the chief executive does not decide the
application within the required 28 days after receiving the review
application, the chief executive is deemed to have made a reviewed
decision confirming the original decision.
Division 4 Appeal against reviewed decision
Appeal against reviewed decision
Clause 70 allows the interested person a right of appeal against the review
decision made by the chief executive. Within 28 days after receiving a
reviewed decision notice the interested person may appeal against the
decision to the tribunal.
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Guide, Hearing and Assistance Dogs Bill 2008
Appeal is by way of rehearing
Clause 71 specifies how the tribunal reviews the decision of the chief
executive. The tribunal reviews the matter by way of rehearing based on the
evidence that was before the chief executive.
However, the tribunal can give the interested person leave to adduce fresh,
additional or substituted evidence (the new evidence) if the tribunal is
satisfied:
· the interested person did not know, or could not reasonably be
expected to have known, of the existence of the new evidence on
or before the day the reviewed decision was made; or
· in the special circumstances of the case, it would be unfair not to
allow the interested person to introduce the new evidence.
However if the tribunal gives leave for the new evidence to be introduced it
may:
· adjourn the proceeding to allow the chief executive to reconsider
the reviewed decision together with the new evidence; or
· continue with the appeal by way of rehearing on the evidence
that was before the chief executive and on the new evidence.
Sub clause (4) requires the tribunal to give an adjournment for a specified
reasonable time, if the chief executive asks for an adjournment to
reconsider the reviewed decision together with the new evidence.
Part 8 Monitoring and enforcement
Division 1 Preliminary
Purpose of pt 8
Clause 72 explains that the purpose of part 8 is to provide powers to
authorised officers for the purpose of monitoring and enforcing compliance
with the Bill.
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Guide, Hearing and Assistance Dogs Bill 2008
Division 2 Authorised officers
Powers generally
Clause 73 provides that an authorised officer has the powers given under
the Bill and will be subject to the directions of the chief executive when
exercising those powers.
Appointment and qualifications
Clause 74 provides that the chief executive may appoint a public service
employee as an authorised officer, only if the employee has the necessary
expertise or experience to qualify for appointment.
Appointment conditions and limit on powers
Clause 75 states that the conditions of appointment of an authorised officer
can be stated in their instrument of appointment, a written notice signed by
the chief executive or in a regulation. The authorised officer's powers may
also be limited by the instrument of appointment, a signed notice given to
the authorised officer or a regulation.
Issue of identity card
Clause 76 requires the chief executive to issue each authorised officer with
an identity card. The identity card must include a recent photo of the
authorised officer, a copy of the authorised officer's signature, identify that
they are an authorised officer appointed under the Bill and state an expiry
date.
Production or display of identity card
Clause 77 requires an authorised officer to produce for a person's
inspection before, or display his or her identity card when, exercising a
power under the Bill in relation to the other person. If this is not
practicable in the circumstances the authorised officer must produce the
identity card for the other person's inspection at the first reasonable
opportunity.
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Guide, Hearing and Assistance Dogs Bill 2008
Sub clause (3) makes it clear that an authorised officer does not exercise a
power in relation to a person merely because the authorised officer has
entered a place as mentioned in clauses 81(1)(b) or (c) or 81(2).
When authorised officer ceases to hold office
Clause 78 specifies that an authorised officer ceases to hold office when
either their term or another condition of appointment ends, or they resign.
Resignation
Clause 79 states that an authorised officer may resign by giving a signed
written notice to the chief executive.
Return of identity card
Clause 80 makes it an offence for a person who ceases to be an authorised
officer to fail without reasonable excuse to return their identity card to the
chief executive within 21 days after ceasing to be an authorised officer.
The offence is punishable by a maximum penalty of 20 penalty units.
Division 3 Powers of authorised officers
Subdivision 1 Entry of places
Power to enter places
Clause 81 specifies in what circumstances an authorised officer can enter a
place. An authorised officer may enter a place if:
· the occupier consents to entry; or
· it is a public place and the entry is made when it is open to the
public; or
· it is not a home and entry is made when the place is open for
carrying on business or otherwise open for entry.
An authorised officer may enter land around the premises without consent
in order to contact the occupier to ask for consent to enter.
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Subdivision 2 Procedure for entry
Entry with consent
Clause 82 sets out what the authorised officer must do if they intend to seek
the consent of the occupier of a place before they enter.
Before asking for consent, the authorised officer must tell the occupier the
purpose of the entry and that the occupier is not required to consent. If
consent is provided, the authorised officer can ask the occupier to sign an
acknowledgement of consent. Sub clause (4) lists what the
acknowledgement must contain. A copy of the acknowledgement must be
provided to the occupier.
If, in a proceeding, a dispute arises about whether consent was provided, a
signed acknowledgement properly made under clause 82 is evidence that
the occupier consented to the entry.
Subdivision 3 Powers after entry
General powers after entering a place
Clause 83 lists the powers to investigate an offence against the Act an
authorised officer has upon lawful entry to a place. These powers include
to:
· search the place;
· inspect, photograph or film any part of the place or anything at
the place;
· copy a document;
· confer alone with a person at the place;
· require a person at the place to provide reasonable assistance in
the exercise of the authorised officer's powers (when making this
requirement, the authorised officer must warn the person that it is
an offence not to comply unless they have a reasonable excuse);
and
· require a person at the place to answer questions to help the
authorised officer determine whether or not the Bill has been
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Guide, Hearing and Assistance Dogs Bill 2008
complied with (when making this requirement, the authorised
officer must warn the person that it is an offence not to comply
unless they have a reasonable excuse).
Failure to help authorised officer
Clause 84 makes it an offence for a person required under clause 83(3)(e)
to give reasonable help to the authorised officer to fail to comply unless
they have a reasonable excuse. The maximum penalty is 50 penalty units.
Failure to answer questions
Clause 85 makes it an offence for a person required under clause 83(3)(f) to
answer questions to fail to comply unless they have a reasonable excuse.
The maximum penalty is 50 penalty units. The clause confirms that it is a
reasonable excuse for a person who is an individual to not answer any
questions if that might tend to incriminate the person.
Subdivision 4 Power to obtain information
Power to require name and address
Clause 86 applies if an authorised officer:
· finds a person committing an offence against the Bill;
· finds a person in circumstances that lead the authorised officer
reasonably to suspect the person is committing, or has just
committed, an offence against the Bill;
· has information that leads the authorised officer reasonably to
suspect the person is committing, or has just committed, an
offence against the Bill.
The authorised officer may require the person to state the person's name
and residential address. Before asking the person for these details, the
authorised officer must warn the person that failure to comply with the
request is an offence unless the person has a reasonable excuse. The
authorised officer may require the person to give evidence of the
correctness of their stated name or residential address.
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Guide, Hearing and Assistance Dogs Bill 2008
Failure to give name or address
Clause 87 makes it an offence not to comply with clause 86 without a
reasonable excuse and is punishable by a maximum penalty of 50 penalty
units. However, a person does not commit an offence against sub clause (1)
if the person was required to state their name and residential address by an
authorised officer who suspected the person had committed an offence
against the Bill and the person is not proved to have committed the offence.
Power to require particular information or inspect documents
Clause 88 contains powers for an authorised officer to monitor compliance
with the Bill. Sub clause (1) allows an authorised officer to require an
approved trainer or approved training institution to give particular
information about the provision of a training service by the trainer or
institution, including information about a matter dealt with in the
prescribed requirements; to make a document available for inspection by
the authorised officer, or to produce a document to the authorised officer
for inspection, at a nominated time and place.
Sub clause (2) allows an authorised officer to require a person to make
available for inspection by, or produce to, the authorised officer at a
reasonable time and place nominated by the authorised officer a document
issued to the person or required to be kept by the person under the Bill.
Powers relating to production of documents
Clause 89 applies to a document made available or produced to an
authorised officer under clause 88(1)(b) or (2).
Sub clause (2) allows the authorised officer to keep the document to copy it
and sub clause (3) allows the authorised officer to require the person
responsible for keeping the document to certify the copy as a true copy of
the original. Sub clause (4) makes clear that the authorised officer must
return the document to the person as soon as practicable after copying it.
Failure to give information or produce or certify document
Clause 90 provides that a person must comply with a requirement made
under clause 88 unless the person has a reasonable excuse.
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Guide, Hearing and Assistance Dogs Bill 2008
Sub clause (2) makes clear that it is a reasonable excuse for a person not to
comply with the requirement that complying with the requirement might
tend to incriminate the person.
Sub clause (3) provides that a person must comply with a requirement
made under clause 89(3) unless the person has a reasonable excuse.
Failure to comply with this clause without a reasonable excuse will be
grounds to suspend or cancel a trainer's or institution's approval.
Self-incrimination will be a reasonable excuse.
Division 4 Other matters
Notice of damage
Clause 91 applies if an authorised officer or a person acting under their
direction or authority damages property when exercising or purporting to
exercise a power. The authorised officer must immediately give notice of
particulars of the damage to the person who appears to be the owner of the
property. If the authorised officer believes the damage was caused by a
latent defect in the property or circumstances beyond the authorised
officer's control, they may state that belief in the notice. If it is
impracticable to comply with the notice requirement, the authorised officer
must leave the notice in a conspicuous position and in a reasonably secure
way where the damage happened. This clause does not apply to damage
which the authorised officer reasonably believes is trivial.
Compensation
Clause 92 allows a person to claim compensation if they incur loss or
expense because of the exercise, or a purported exercise, of a power under
division 3, subdivision 1 or 3, or if they incur loss or expense in complying
with a requirement made under part 8.
The relevant court decides whether or not compensation is payable. The
person may bring a claim for compensation in a court with relevant
monetary jurisdiction or if they have been charged with an offence under
the Bill, in the court hearing the offence. A court may only order
compensation if it is satisfied that it is just in the circumstances of the
particular case.
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Guide, Hearing and Assistance Dogs Bill 2008
False or misleading statements
Clause 93 makes it an offence for a person to state anything to the chief
executive or an authorised officer that the person knows is false or
misleading. This offence is punishable by a maximum penalty of 100
penalty units.
False or misleading documents
Clause 94 makes it an offence for a person to provide a document to the
chief executive or an authorised officer containing information that the
person knows is false or misleading. This offence is punishable by a
maximum penalty of 100 penalty units.
However, it is not an offence if the person, when giving the document:
· tells the chief executive or authorised officer (to the best of their
ability) how it is false or misleading; and
· if they have or can reasonably obtain the correct information -
gives the correct information.
Obstructing an authorised officer
Clause 95 makes it an offence to obstruct an authorised officer, in the
exercise of a power under the Bill, unless the person has a reasonable
excuse. This offence is punishable by a maximum penalty of 100 penalty
units.
If the person has obstructed the authorised officer and the officer decides to
proceed with the exercise of the power, the officer must warn the person
that it is an offence to obstruct the officer without reasonable excuse, and
that the officer considers the person's conduct an obstruction.
Impersonation of an authorised officer
Clause 96 makes it an offence to pretend to be an authorised officer. This
offence is punishable by a maximum penalty of 100 penalty units.
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Guide, Hearing and Assistance Dogs Bill 2008
Part 9 Legal Proceedings
Division 1 Application
Application of pt 9
Clause 97 provides that part 9 applies to a proceeding under the Bill.
Division 2 Evidence
Appointments and authority
Clause 98 provides that the following must be presumed unless a party to
the proceeding, by reasonable notice, requires proof of it:
· the chief executive's appointment;
· an authorised officer's appointment;
· the authority of the chief executive or an authorised officer to do
anything under the Bill
Signatures
Clause 99 provides that a signature purporting to be that of the chief
executive or an authorised officer is evidence of the signature it purports to
be.
Evidentiary provisions
Clause 100 provides for a number of evidentiary matters. A certificate
signed by the chief executive and stating any of the following is evidence of
the matter:
· a stated document is one of the following things made, given,
issued or kept under the Bill an appointment/approval/decision;
a notice/requirement; or a record/extract of a record;
· a stated document is a copy of a stated thing (mentioned above);
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Guide, Hearing and Assistance Dogs Bill 2008
· on a stated day or stated period, the appointment of an authorised
officer was, or was not, in force for a stated person;
· on a stated day, a stated person was given a stated notice under
the Bill;
· on a stated day, a stated requirement was made of a stated person.
Also, in a complaint starting a proceeding, a statement that the matter of
complaint came to the complainant's knowledge on a stated day is evidence
of when the matter came to the complainant's knowledge.
Division 3 Proceedings
Summary proceedings for offences
Clause 101 requires proceedings for an offence against the Bill to be taken
in a summary way in accordance with the Justices Act 1886.
Sub clause (2) specifies that a proceeding for an offence must commence
within the later of the following periods:
· 1 year after the commission of the offence; or
· 6 months after the offence comes to the complainant's
knowledge but within 2 years after the offence is committed.
Allegations of false or misleading information or document
Clause 102 makes it clear that in any proceeding for an offence against the
Bill, which involves false or misleading information or a false or
misleading document, it is enough for a charge to state that the information
or document was `false or misleading' without specifying which.
Responsibility for acts or omissions of representative
Clause 103 provides that if it is relevant to prove a person's state of mind
about a particular act or omission, it is enough to show that the act was
done or omitted by a representative of the person within the scope of the
representative's actual or apparent authority, and that the representative had
the state of mind.
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Guide, Hearing and Assistance Dogs Bill 2008
Sub clause (2) explains the meaning of "representative" and "state of
mind" as used in the clause.
Executive officers must ensure corporation complies with Act
Clause 104 provides that the executive officers of a corporation must
ensure the corporation complies with the Bill. If a corporation commits an
offence against a provision, each of the corporation's executive officers
also commits an offence. The maximum penalty is the same as the penalty
for a breach of the provision by an individual.
It is a defence for an executive officer to prove that, if the officer was in a
position to influence the conduct of the corporation in relation to the
offence, the officer exercised reasonable diligence to ensure the corporation
complied with the provision, or was not in a position to influence the
conduct of the corporation in relation to the offence.
Part 10 Advisory committee
Establishment of advisory committee
Clause 105 allows the chief executive to establish an advisory committee
from time to time.
Membership of advisory committee
Clause 106 provides the membership of an advisory committee as follows:
· a person the chief executive considers has expertise in dog
obedience training;
· a person the chief executive considers has expertise in dog
behaviour;
· a person with a disability who relies on a guide, hearing or
assistance dog;
· a representative of the department in which the Bill is
administered;
· any three of the following persons decided by the chief executive:
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Guide, Hearing and Assistance Dogs Bill 2008
· a representative of the department in which the Animal Care
and Protection Act 2001 is administered;
· a representative of the department in which the Transport
Operations (Passenger Transport) Act 1994 is administered;
· a representative of the advisory committee known as the
Disability Council of Queensland and established under the
Disability Services Act 2006;
· a representative of local government.
Functions of advisory committee
Clause 107 explains that the function of the advisory committee is to make
a submission to the chief executive about the suitability of:
· an applicant seeking approval to be an approved trainer or
training institution under part 3; or
· an approved trainer; or
· an approved training institution.
Investigations by advisory committee
Clause 108 enables the advisory committee, for the purpose of making a
submission under clauses 16(1) or 22(1), to inform itself about the matters
mentioned in clause 14(1). The advisory committee may inspect the
training facilities of an applicant if the applicant consents to the inspection.
Dissolution of advisory committee
Clause 109 allows the chief executive to dissolve the advisory committee at
any time.
Other matters
Clause 110 allows the chief executive to decide matters about an advisory
committee, for example, the way a committee must conduct committee
activities.
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Guide, Hearing and Assistance Dogs Bill 2008
Part 11 Miscellaneous
Confidentiality of other information
Clause 111 makes it an offence for a person who gains access to
confidential information (other than information mentioned in clause
64(1)) because of their involvement in the Bill's administration, to disclose
that information to anyone else except as provided in sub clause (4). The
offence is punishable by a maximum penalty of 100 penalty units.
Sub clause (3) makes it clear that a person will gain access to information
through involvement in the Bill's administration where the person gains
information by reason of them being:
(a the chief executive;
(b) an authorised officer;
(c) an employee in the department; or
(d) a member of an advisory committee.
Sub clause (4) sets out the circumstances in which the disclosure of
information is permitted:
(a) for administering, monitoring or enforcing compliance with the
Bill;
(b) to discharge a function under another law;
(c) for a court or tribunal proceeding;
(d) if authorised under another law or a regulation made under the
Bill;
(e) where the person to whom the information relates, being an
adult, has authorised the disclosure in writing; or
(f) if the disclosure is to protect a person with a disability or an
animal from abuse, neglect or exploitation.
Delegation by chief executive
Clause 112 allows the chief executive to delegate his or her powers under
the Bill to an appropriately qualified person who is a public service
employee.
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Guide, Hearing and Assistance Dogs Bill 2008
Protecting officials from liability
Clause 113 protects an official or a person acting under the direction of an
official from being civilly liable for an act done, or omission made,
honestly and without negligence under the Bill. An "official" means:
· the chief executive;
· an authorised officer;
· a public service employee; or
· a member of an advisory committee.
Service of documents
Clause 114 allows service by facsimile transmission to a person's last
facsimile number which they gave or at their address. For a corporation,
service can given to its facsimile number operated at its registered office
under the Corporations Act.
Approval of forms
Clause 115 provides that the chief executive may approve forms for use
under the Bill.
Regulation making power
Clause 116 provides that the Governor in Council may make regulations
under the Bill.
Sub clause (2) makes it clear that a regulation may relate to the fees,
including the waiving or refunding of fees, payable under the Bill.
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Guide, Hearing and Assistance Dogs Bill 2008
Part 12 Repeal and transitional
provisions
Division 1 Repeal
Repeal of Guide Dogs Act 1972
Clause 117 repeals the Guide Dogs Act 1972.
Repeal of Legacy Trust Fund Act 2001
Clause 118 repeals the Legacy Trust Fund Act 2001.
Division 2 Transitional provisions
Definitions for div 2
Clause 119 explains the meaning of "commencement day" and "repealed
Act" for division 2. Repealed Act means the Guide Dogs Act 1972.
Certain institutions taken to be approved training institutions
Clause 120 provides for the entities listed to be approved training
institutions for the purposes of the Bill. This provision means that these
institutions do not need to apply for approval under part 3. However, these
institutions are still subject to the other requirements contained in the Bill.
The institutions listed are:
· Association for the Blind of Western Australia;
· Guide Dogs Queensland;
· Guide Dogs Victoria;
· Guide Dog Associations of SA and NT Inc;
· Lions Hearing Dogs Incorporated;
· Royal Guide Dogs for the Blind Association of Tasmania
(trading as Guide Dogs Tasmania);
· Seeing Eye Dogs Australia.
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Guide, Hearing and Assistance Dogs Bill 2008
Certain guide or hearing dogs may be certified
Clause 121 allows any of the institutions listed in clause 120(1) to certify a
dog as a guide dog or a hearing dog if, before the commencement of the
Bill, the institution had trained the dog to be used as a guide or hearing dog.
Part 13 Amendment of other Acts
Amendment of Acts
Clause 122 states that schedule 2 amends the Anti-Discrimination Act 1991
and that schedule 3 amends the Acts mentioned in it.
Schedule 1 Parts of a health service facility
exempt from part 2
Schedule 1 lists the parts of a health service facility which are exempt from
part 2 of the Bill under clause 7(1)(a) of the Bill.
Schedule 2 Amendments of the
Anti-Discrimination Act 1991
Schedule 2 makes amendments to the Anti-Discrimination Act 1991.
Schedule 3 Consequential amendments
Schedule 3 sets out the consequential amendments to the following
legislation:
· Body Corporate and Community Management Act 1997;
· Building Units and Group Titles Act 1980;
· Commercial and Consumer Tribunal Act 2003;
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Guide, Hearing and Assistance Dogs Bill 2008
· Criminal Code;
· Motor Racing Events Act 1990;
· Recreation Areas Management Act 2006;
· South Bank Corporation Act 1989.
Schedule 4 Dictionary
Schedule 4 defines certain terms used in the Bill.
© State of Queensland 2008
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