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GUIDE, HEARING AND ASSISTANCE DOGS ACT 2009 - As at 1 February 2024 - Act 4 of 2009

- As at 1 February 2024 - Act 4 of 2009

Table of Provisions

PART 1 - PRELIMINARY

Division 1 - Introduction

  • 1 Short title
  • 2 Commencement
  • 3 Objects of Act

Division 2 - Interpretation

PART 2 - GUIDE, HEARING AND ASSISTANCE DOGS IN PLACES OF ACCOMMODATION, PUBLIC PLACES AND PUBLIC PASSENGER VEHICLES

Division 1 - Preliminary

Division 2 - Right to be accompanied by a guide, hearing or assistance dog

  • 8 People with a disability may be accompanied by their guide, hearing and assistance dogs
  • 8A Alternative handler may be accompanied by primary handler and certified guide, hearing and assistance dog
  • 9 Trainers and puppy carers may be accompanied by guide, hearing, assistance and trainee support dogs
  • 10 Lawful presence at a place or on a vehicle

Division 3 - Obligations of persons exercising control of places of accommodation, public places and public passenger vehicles

PART 3 - TRAINERS OF GUIDE, HEARING AND ASSISTANCE DOGS

Division 1 - Approval of trainers of guide, hearing and assistance dogs

  • 14 Who is suitable for approval
  • 15 Application for approval
  • 16 Chief executive may consult about application for approval
  • 17 Decision on application for approval
  • 18 Notification of decision
  • 19 Approval remains in force unless immediately suspended, cancelled or surrendered

Division 2 - Review of approval

  • 20 Definitions for div 2
  • 21 Review of approval
  • 22. (Repealed)
  • 23 Decision on review

Division 3 - Immediate suspension, cancellation and voluntary surrender of approval

Subdivision 1 - Preliminary
  • 24 Definitions for div 3
  • 25 Grounds for immediate suspension or cancellation of approval
  • Subdivision 2 - Immediate suspension
  • 26 Immediate suspension of approval
  • Subdivision 3 - Cancellation
  • 27 Show cause process
  • 28 Ending show cause process without further action
  • 29 Cancellation of approval
  • Subdivision 4 - Voluntary surrender of approval
  • 30 Voluntary surrender of approval

Division 4 - Prescribed requirements

  • 31 Prescribed requirements

Division 5 - Other matters

  • 32 Approved trainers and approved training institutions must give notice of change
  • 33 Claims by persons about approval

PART 4 - CERTIFICATION OF GUIDE, HEARING AND ASSISTANCE DOGS

Division 1 - Interpretation

Division 2 - Certification of guide, hearing and assistance dogs

  • 36 Certification of guide dogs
  • 37 Certification of hearing dogs
  • 38 Certification of assistance dogs
  • 39 Approved trainer must not certify own dog

PART 5 - IDENTITY CARDS FOR HANDLERS, TRAINERS AND PUPPY CARERS

Division 1 - Identity cards for handlers

Subdivision 1 - Issue of handlers’ identity cards
  • 40 Eligibility for primary handler’s identity card
  • 41 Eligibility for alternative handler’s identity card
  • 42 Issue of handler’s identity card
  • 43. (Repealed)
  • 44 Term of handler’s identity card
  • 45 Form of handler’s identity card
  • 45A Record of handler’s identity cards
  • Subdivision 2 - Immediate suspension, cancellation and voluntary surrender of handlers’ identity cards
  • 46 Grounds for immediate suspension or cancellation of handler’s identity card
  • 47 Immediate suspension of handler’s identity card
  • 48 Cancellation of handler’s identity card
  • 49 Voluntary surrender of handler’s identity card
  • Subdivision 3 - Other matters
  • 50 51. Return of handler’s identity card

Division 2 - Identity cards for approved trainers

  • 52 Issue of identity card for approved trainer
  • 53 Term of identity card for approved trainer
  • 54 Replacement of identity card for approved trainer
  • 55 Return of identity card for approved trainer

Division 3 - Identity cards for employee trainers and puppy carers

  • 56 Issue of identity card for employee trainer or puppy carer
  • 57 Return of identity card for employee trainer or puppy carer

PART 6 - SCREENING OF APPROVED AND EMPLOYEE TRAINERS

Division 1 - Preliminary

  • 58 Main purpose of pt 6

Division 2 - Disclosure of criminal history

  • 59 Employee trainers must disclose criminal history
  • 60 Approved and employee trainers must disclose changes in criminal history
  • 61 Requirements for disclosure

Division 3 - Chief executive may obtain report about criminal history

  • 62 Chief executive may obtain report from commissioner of the police service

Division 4 - Use of information

  • 63 Person to be advised of information obtained
  • 64 Use of information obtained under this part

Division 5 - Controls on information

  • 65 Guidelines for dealing with information
  • 66 Confidentiality of information about criminal history

PART 7 - REVIEWS

Division 1 - Interpretation

Division 2 - Reviewable decisions

  • 68 Reviewable decisions

Division 3 - Review by chief executive

  • 69 Application for review
  • 70 Stay of operation of original decision
  • 71 Reviewed decision

Division 4 - Review by tribunal

  • 72 Review of reviewed decision
  • 73. (Repealed)

PART 8 - MONITORING AND ENFORCEMENT

Division 1 - Preliminary

  • 74 Purpose of pt 8

Division 2 - Authorised officers

  • 75 Powers generally
  • 76 Appointment and qualifications
  • 77 Appointment conditions and limit on powers
  • 78 Issue of identity card
  • 79 Production or display of identity card
  • 80 When authorised officer ceases to hold office
  • 81 Resignation
  • 82 Return of identity card

Division 3 - Powers of authorised officers

Subdivision 1 - Entry of places
  • 83 General power to enter places
  • Subdivision 2 - Procedure for entry with consent
  • 84 Entry with consent
  • Subdivision 2A - Entry under warrant
  • 84A Application for warrant
  • 84B Issue of warrant
  • 84C Defect in relation to a warrant
  • 84D Procedure for entry under warrant
  • Subdivision 3 - Powers after entry
  • 85 General powers after entering a place
  • 86 Failure to help authorised officer
  • 87 Failure to answer questions
  • Subdivision 4 - Power to obtain information
  • 88 Power to require name and address
  • 89 Failure to give name or address
  • 89A General power to require information
  • 90 Power to require particular information or inspect documents
  • 91 Powers relating to production of documents
  • 92 Failure to give information or produce or certify document

Division 4 - Other matters

  • 93 Notice of damage
  • 94 Compensation
  • 95 False or misleading statements
  • 96 False or misleading documents
  • 97 Obstructing an authorised officer
  • 98 Impersonation of an authorised officer

PART 9 - LEGAL PROCEEDINGS

Division 1 - Application

  • 99 Application of pt 9

Division 2 - Evidence

  • 100 Appointments and authority
  • 101 Signatures
  • 102 Evidentiary provisions

Division 3 - Proceedings

  • 103 Summary proceedings for offences
  • 104 Allegations of false or misleading information or document
  • 105 Responsibility for acts or omissions of representative
  • 106. (Repealed)

PART 10 - (Repealed)

PART 11 - MISCELLANEOUS

  • 113 Confidentiality of other information
  • 114 Delegation by chief executive
  • 115 Protection from liability
  • 116 Service of documents
  • 117 Approval of forms
  • 118 Regulation-making power

PART 12 - REPEAL AND TRANSITIONAL PROVISIONS

Division 1 - Repeal

  • 119 Repeal of Guide Dogs Act 1972
  • 120 Repeal of Legacy Trust Fund Act 2001

Division 2 - Transitional provisions for Act No. 4 of 2009

  • 121 Definitions for div 2
  • 122 Certain institutions taken to be approved training institutions
  • 123 Certain guide or hearing dogs may be certified

Division 3 - Transitional provisions for Guide, Hearing and Assistance Dogs Amendment Act 2015

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