Guide Dogs and Hearing Dogs Amendment Act 2001

Guide Dogs and Hearing Dogs Amendment Act 2001

An Act to amend the Guide Dogs and Hearing Dogs Act 1967

Be it enacted by His Excellency the Governor of Tasmania, by and with the advice and consent of the Legislative Council and House of Assembly, in Parliament assembled, as follows:

1.   Short title

This Act may be cited as the Guide Dogs and Hearing Dogs Amendment Act 2001 .

2.   Commencement

This Act commences on the day on which this Act receives the Royal Assent.

3.   Principal Act

In this Act, the Guide Dogs and Hearing Dogs Act 1967 is referred to as the Principal Act.

4.    Long title amended

The long title of the Principal Act is amended by omitting "blind persons when accompanied by trained guide dogs and on deaf persons when accompanied by trained hearing dogs" and substituting "persons who use or train guide dogs and for related purposes".

5.    Section 2 amended (Interpretation)

Section 2 of the Principal Act is amended as follows:

(a) by inserting "or vision impaired" after "blind" in the definition of approved guide dogs institution ;

(b) by inserting "or hearing impaired" after "deaf" in the definition of approved hearing dogs institution ;

(c) by omitting the definitions of guide dog , hearing dog and public place and substituting the following definitions:

guide dog means –

(a) in the case of a blind or vision impaired person, a dog that has been, or is being, trained by an approved guide dogs institution and is guiding or otherwise accompanying that person; and

(b) in the case of a deaf or hearing impaired person, a dog that has been, or is being, trained by an approved hearing dogs institution and is assisting or otherwise accompanying that person; and

(c) in the case of a trainer, a dog that is –

(i) being trained by an approved guide dogs or hearing dogs institution to guide or assist a blind or vision impaired person or deaf or hearing impaired person; and

(ii) is wearing a distinctive coat or harness, bearing the name of that institution, that identifies it as a guide dog in training;

institution means an institution of this State or of a Territory or another State;

public passenger vehicle means a vehicle, vessel or aircraft that is –

(a) used to carry passengers for hire or reward; or

(b) made available without charge, as a courtesy or service, for use by the clients of a business, the participants in an activity or members of the public;

public place means –

(a) any place that offers accommodation to members of the public; or

(b) any other place to which the public have access, whether on payment of money for admission or otherwise; or

(c) any prescribed place;

trainer means a person who trains or assists in training guide dogs for or on behalf of an approved guide dogs or hearing dogs institution.

6.    Section 3 substituted

Section 3 of the Principal Act is repealed and the following section is substituted:

3.   Rights of guide dog users and trainers in respect of public places and transport

(1)  A person who is blind or vision impaired, deaf or hearing impaired or a trainer –

(a) is entitled to be accompanied by a guide dog into any public place or onto any public passenger vehicle; and

(b) does not commit an offence by taking a guide dog into or onto, or permitting a guide dog to remain in or on, a public place or public passenger vehicle.

(2)  A person who is in charge of a public place or public passenger vehicle, or the servant or agent of a person in charge of a public place or public passenger vehicle, must not –

(a) refuse to allow a person accompanied by a guide dog into that place or onto that vehicle; or

(b) direct a person accompanied by a guide dog to leave that place or vehicle; or

(c) deny accommodation or service to a person accompanied by a guide dog.

Penalty:  Fine not exceeding 20 penalty units.

(3)  For the purposes of subsection (2) , a person may be taken to have refused or denied another person entry, access, accommodation or service by means of an omission as well as by an act.

(4)  It is a defence in any proceedings under subsection (2) for the defendant to show –

(a) that he or she had reasonable cause, unrelated to the presence of the guide dog, for the act or omission constituting the alleged offence; or

(b) that –

(i) the person who was refused admission, directed to leave or denied accommodation or service was unable, on request made by or on behalf of the defendant before the time of refusal, direction or denial, to produce an identity card for inspection; and

(ii) it was reasonable in the circumstances for that request to be made.

(5)  An identity card is a card that –

(a) an approved guide dogs or hearing dogs institution issues to –

(i) a person who is a trainer for or on behalf of the institution; or

(ii) a person who has been assigned a guide dog trained, or being trained, by the institution; and

(b) is in a form determined by the institution; and

(c) bears the name of the institution, and the name and address of the cardholder.

(6)  A person must, as soon as practicable after ceasing to be a trainer or a person to whom a guide dog is assigned, return his or her identity card to the institution that issued it.

Penalty:  Fine not exceeding 0.5 penalty units.

(7)  In the event of any inconsistency arising between this section and another law of the State, other than the Anti-Discrimination Act 1998 , this section prevails over the other law.

[Second reading presentation speech made in:

House of Assembly on 15 MARCH 2001

Legislative Council on 21 MARCH 2001]