Guide, Hearing and Assistance Dogs Regulation 2009

1Short title

This regulation may be cited as the Guide, Hearing and Assistance Dogs Regulation 2009 .

2Commencement

This regulation commences on 1 July 2009.

3Dictionary

The dictionary in the schedule defines particular words used in this regulation.

4Certificate of disability

(1)A certificate of disability, for a person, is a document—

(a)stating that the person has a disability; and

(b)signed by a registered health practitioner.

(2)A document made by an approved training institution stating that the institution is satisfied a person has a vision or hearing impairment is also a certificate of disability for the person if—

(a)the institution was approved under section 122 of the Act; and

(b)the person relies on a guide or hearing dog certified by the institution under section 123 of the Act.

5Requirements for identifying coats—Act, s 12(4)

(1)The requirements for an identifying coat are that the coat have an approved badge attached to, and prominently displayed on, the coat.

(2)In this section—

approved badge means a badge, for a guide, hearing or assistance dog, issued by the chief executive.

6Definition for pt 3

In this part—

trainer means an approved trainer or an approved training institution.

7Records to be kept—Act, s 31(2)(b)

(1)For each dog being trained by a trainer, the trainer must keep a record of the following—

(a)the name and breed of the dog;

(b)the date of birth or the approximate age of the dog;

(c)the training history of the dog, including—

(i)whether a public access test has been conducted for the dog; and

(ii)if a public access test has been conducted—whether the dog has passed each element of the test;

(d)the veterinary history of the dog;

(e)the name, if known, of the person for whom the dog is being trained;

(f)whether the dog is being trained as a guide, hearing or assistance dog (the dog’s classification).

(2)For each dog certified by a trainer, the trainer must keep a record of the following—

(a)the name and breed of the dog;

(b)the date of birth or the approximate age of the dog;

(c)the training history of the dog, including—

(i)a record of the public access test conducted for the dog; and

(ii)whether the dog has passed each element of the test;

(d)the veterinary history of the dog;

(e)the name of the person for whom the dog was certified;

(f)the classification for which the dog was certified.

(3)A trainer must also keep a copy of the following—

(a)all documents sent to, and received from, the department by the trainer;

(b)any written complaints about the provision of a training service by the trainer;

(c)a certificate of disability for the handler of each guide, hearing or assistance dog certified by the trainer.

(4)A trainer must keep the records and copies required under this section for 7 years.

8Requirement to prepare, maintain and implement policy—Act, s 31(2)(c)

A trainer must prepare, maintain and implement a policy about—

(a)the confidentiality of personal information held by the trainer about employee trainers and persons being provided with a training service by the trainer; and

(b)the handling of complaints about the provision of a training service by the trainer.

9Insurance cover for trainers—Act, s 31(2)(d)

A trainer must ensure the trainer has in force public liability insurance cover of at least $10,000,000.

10Documents to accompany applications—Act, s 41(2)(a)

(1)The documents to accompany an application under section 41 of the Act are—

(a)a certificate of disability for the applicant; and

(b)a certified copy of 1 of the following for the applicant—

(i)a birth certificate;

(ii)a current driver’s licence;

(iii)a current 18 plus card;

(iv)a current Medicare card;

(v)a current passport.

(2)A copy of a document mentioned in subsection (1) (b) may be certified by a person before whom a statutory declaration may be made under the Statutory Declarations Act 1959 (Cwlth), section 8 (b).

11Requirements for photos to accompany applications—Act, s 41(2)(b)

(1)The requirements for a photo of an applicant are that the photo—

(a)clearly show the face, head and top of the shoulders of the applicant; and

(b)show the applicant looking directly at the camera; and

(c)comply with the quality requirements stated in subsection (3).

(2)The requirements for a photo of a guide, hearing or assistance dog are that the photo—

(a)clearly show the head of the dog; and

(b)show the dog looking directly at the camera; and

(c)comply with the quality requirements stated in subsection (3).

(3)The quality requirements are that the photo—

(a)be printed in high resolution on photo paper; and

(b)have been taken no more than 6 months before the application is made; and

(c)be between 45mm and 55mm high and between 35mm and 40mm wide; and

(d)show skin tones and have appropriate brightness and contrast; and

(e)not contain a flash reflection or red eye effect.

12Notice of application—Act, s 42(1)

The requirements for a written notice under section 42 (1) of the Act are that the notice include the following—

(a)the name of the applicant;

(b)the name, breed and classification of the dog for the applicant;

(c)a reference to the obligations under section 13 of the Act;

(d)the date the notice was issued;

(e)a statement that the notice expires 28 days after the date it was issued.

13Requirements for identity cards—Act, s 56(2)(b)

The requirements for an identity card issued to an employee trainer or puppy carer are that the card—

(a)include the following information—

(i)the name of the employee trainer or puppy carer;

(ii)the name of the approved training institution that employs the employee trainer or puppy carer;

(iii)whether the person is an employee trainer or a puppy carer;

(iv)the date the card was issued;

(v)the date the card expires; and

(b)include a photo of the employee trainer or puppy carer; and

(c)be approximately 60mm high and 100mm wide.

section 3

certificate of disability see section 4.

classification, of a dog, see section 7 (1) (f).

registered health practitioner means—

(a)a person registered under the Health Practitioner Regulation National Law to practise, other than as a student, in any of the following—

(i)the medical profession;

(ii)the occupational therapy profession;

(iii)the physiotherapy profession;

(iv)the psychology profession; or

(b)a person who is eligible for practising membership of The Speech Pathology Association of Australia Limited ACN 008 393 440.

def registered health practitioner sub 2010 SL No. 108 s 22

amd 2012 SL No. 82 s 6; 2015 SL No. 131 s 6

trainer, for part 3, see section 6.