Guide, Hearing and Assistance Dogs Regulation 2019

1Short title

This regulation may be cited as the Guide, Hearing and Assistance Dogs Regulation 2019.

2Commencement

This regulation commences on 2 September 2019.

3Definition

In this regulation—

relevant trainer means an approved trainer or an approved training institution.

4Requirements for identifying coats—Act, s 12

(1)For section 12(4) of the Act, definition identifying coat, paragraph (b), the following requirements are prescribed—

(a)the dog coat must be issued by a relevant trainer;

(b)the dog coat must 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.

5Types of records to be kept and retention periods—Act, s 31

(1)For section 31(1) and (2)(b) of the Act, this section prescribes the types of records to be kept by a relevant trainer and requirements for retention of the records.

(2)For each dog being trained by a relevant 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).

(3)For each dog certified by a relevant 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)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.

(4)A relevant trainer must also keep a copy of all of the following documents—

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

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

(c)if the trainer receives a certificate of disability for a person who is the handler of a guide, hearing or assistance dog certified by the trainer—the certificate of disability.

(5)A relevant trainer must keep a record, or a copy of a document, required to be kept under this section for 7 years after—

(a)for a record mentioned in subsection (2)—the day an agreement is made to train the dog; or

(b)for a record mentioned in subsection (3)—the day the dog is certified; or

(c)for a copy of a document mentioned in subsection (4)—the day the document is sent, or received, by the trainer.

(6)In this section—

certificate of disability, for a person, means a document signed by a registered health practitioner that states the person has a disability.

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 health professions—

(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.

6Requirement to prepare, maintain and implement policy—Act, s 31

(1)This section prescribes requirements for section 31(2)(c) of the Act.

(2)A relevant trainer must prepare, maintain and implement a policy about—

(a)the confidentiality of personal information held by the trainer about—

(i)persons being provided with a training service by the trainer; and

(ii)if the trainer is an approved training institution—employee trainers; and

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

7Requirement for insurance cover—Act, s 31

For section 31(2)(d) of the Act, public liability insurance cover of at least $10,000,000 is prescribed.

8Requirements for identity cards for handlers—Act, s 45

For section 45(b) of the Act, the following requirements for a handler’s identity card are prescribed—

(a)the card must include the following information—

(i)the name of the handler;

(ii)whether the person is a primary handler or an alternative handler;

(iii)the day the card was issued;

(iv)the day the card expires;

(b)the photo on the card must meet the following requirements—

(i)clearly show the face, head and top of the shoulders of the handler facing directly at the camera;

(ii)clearly show the head of the handler’s certified guide, hearing or assistance dog facing directly at the camera;

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

(iv)not contain a flash reflection or red eye effect;

(v)have been taken not more than 6 months before the card is issued;

(vi)be printed in high resolution on photo paper;

(vii)be not less than 45mm and not more than 55mm high and not less than 35mm and not more than 40mm wide.

9Requirements for identity cards for employee trainers and puppy carers—Act, s 56

For section 56(2)(b) of the Act, the following requirements for an identity card issued to an employee trainer or puppy carer are prescribed—

(a)the card must 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 day the card was issued;

(v)the day the card expires;

(b)the card must include a photo of the employee trainer or puppy carer that meets the following requirements—

(i)clearly show the face, head and top of the shoulders of the employee trainer or puppy carer facing directly at the camera;

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

(iii)not contain a flash reflection or red eye effect;

(iv)have been taken not more than 6 months before the card is issued;

(v)be printed in high resolution on photo paper;

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

10Identity cards

(1)A handler’s identity card issued before the commencement and complying with the requirements prescribed by the expired regulation, section 11 is taken to comply with the requirements prescribed by section 8 until the card expires.

(2)An identity card for an employee trainer or puppy carer issued before the commencement and complying with the requirements prescribed by the expired regulation, section 13 is taken to comply with the requirements prescribed by section 9 until the card expires.

(3)In this section—

expired regulation means the expired Guide, Hearing and Assistance Dogs Regulation 2009.