Queensland Consolidated Acts

GUIDE, HEARING AND ASSISTANCE DOGS ACT 2009

- As at 1 February 2024 
- Act 4 of 2009 

TABLE OF PROVISIONS

           Long Title

   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 PLACES OF ACCOMMODATION, 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
   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

   11.     Who is a person exercising control of a place of accommodation, public place or public passenger vehicle
   12.     Identification procedure for handlers and trainers
   12A.    Obligations of persons exercising control of places of accommodation
   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.     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     (Repealed)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

   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 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

   67.     Definitions for pt 7

           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

   124.    Applications to chief executive for handler’s identity card
   125.    Term of current handler’s identity cards
           SCHEDULE 1
           SCHEDULE 4