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
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
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
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
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
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
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
- 124 Applications to chief executive for handler’s identity card
- 125 Term of current handler’s identity cards