GUIDE, HEARING AND ASSISTANCE DOGS ACT 2009

Queensland Consolidated Acts

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GUIDE, HEARING AND ASSISTANCE DOGS ACT 2009

TABLE OF PROVISIONS

Long Title

Contents

Part 1--Preliminary

Division 1--Introduction

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

Division 2--Interpretation

4. Dictionary
5. What is a disability

Part 2--Guide, hearing and assistance dogs in public places and public passenger vehicles

Division 1--Preliminary

6. Definitions for pt 2
7. Public places and public passenger vehicles to which this part applies

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
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 public places and public passenger vehicles

11. Who is a person exercising control of a public place or public passenger vehicle
12. Identification procedure for handlers and trainers
13. Obligations of persons exercising control of 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. Submissions from advisory committee
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. Submissions from advisory committee
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

34. Definitions for pt 4
35. Public access test

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 or employee 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 handler's identity card
41. Application for handler's identity card
42. Notice of application
43. Decision on application
44. Term of handler's identity card
45. Notice of expiry of handler's identity card
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. Replacement of handler's identity card
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 and appeals

Division 1--Interpretation

67. Definitions for pt 7

Division 2--Reviewable decisions

68. Reviewable decisions

Division 3--Review of decision

69. Application for review
70. Stay of operation of original decision
71. Review decision

Division 4--Appeal against reviewed decision

72. Appeal against reviewed decision
73. Appeal is by way of rehearing

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. Power to enter places
Subdivision 2--Procedure for entry
84. Entry with consent
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
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. Executive officers must ensure corporation complies with Act

Part 10--Advisory committee

107. Establishment of advisory committee
108. Membership of advisory committee
109. Functions of advisory committee
110. Investigations by advisory committee
111. Dissolution of advisory committee
112. Other matters

Part 11--Miscellaneous

113. Confidentiality of other information
114. Delegation by chief executive
115. Protecting officials 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

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

SCHEDULE 1 -- PARTS OF A HEALTH SERVICE FACILITY EXEMPT FROM PART 2
SCHEDULE 4 -- DICTIONARY
Endnotes

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