Guide, Hearing and Assistance Dogs Amendment Bill 2015
Plain English Summary
Overview
This bill updates Queensland's guide, hearing and assistance dog laws so that people with disability who need a support person to handle their dog (like a child with autism and their parent) are properly recognised. It also cuts red tape by letting approved trainers issue handler ID cards directly, and gives inspectors stronger powers to enforce the Act.
Who it affects
People with disability who rely on assistance dogs, their support people, and the trainers and institutions that certify the dogs. Businesses open to the public must continue to allow certified dogs and can now face Queensland anti-discrimination claims if they refuse access.
Key changes
- Introduces 'alternative handler' ID cards so a parent or carer can legally accompany someone who needs help controlling their assistance dog
- Approved trainers and training institutions will issue handler ID cards instead of government, cutting paperwork
- Handlers no longer need to re-prove their disability every time they renew their ID card
- ID cards last up to 3 years and must show photos of both the handler and the dog
- Authorised officers get new powers including entry by warrant and a general power to demand information, with penalties of up to 50 penalty units (currently around $6,195) for non-compliance
- The never-used advisory committee is abolished; the chief executive can now consult any relevant expert instead
Bill Story
The journey of this bill through Parliament, including debate and recorded votes.
▸Committee15 July 2015View Hansard
Referred to Communities, Disability Services and Domestic and Family Violence Prevention Committee
The Communities, Disability Services and Domestic and Family Violence Prevention Committee examined the bill over approximately 11 weeks, receiving two submissions. The committee recommended the bill be passed, finding broad stakeholder support for the reforms which streamline administrative processes, recognise alternative handlers, and improve enforcement provisions under the Guide, Hearing and Assistance Dogs Act 2009.
Key findings (5)
- The bill implements recommendations from a full stakeholder review of the Act conducted in 2013-2014, with broad support from industry and disability groups
- The introduction of alternative handler provisions will benefit people who need support to control their dog, such as children with autism who rely on a parent to handle their assistance dog
- Concerns were raised about transferring identity card issuing from government to approved training institutions, but the committee was satisfied the government retains adequate regulatory oversight
- Queenslanders with Disability Network recommended that people with disability be included as key stakeholders in expert consultation processes
- The committee noted the Department's commitment to proactively engage with transport operators and businesses to increase awareness of access rights under the Act
Recommendations (1)
- The committee recommends that the Guide, Hearing and Assistance Dogs Amendment Bill 2015 be passed.
Committee report tabled
▸Second Reading27 Oct 2015View Hansard
▸13 members spoke13 support
Moved the second reading as the responsible minister, commending the bill as delivering important reforms to improve access rights for guide, hearing and assistance dog users, and simplifying and streamlining processes for people with disability.
“While the set of amendments in the bill are modest, their significance cannot be underestimated. The bill will give effect to important reforms to improve the access rights of guide, hearing and assistance dog users and simplify and streamline processes for people with disability and industry.”— 2015-10-27View Hansard
Strongly supported the bill as the culmination of a review she convened as former minister under the LNP government, noting it was consistent with the draft amendment bill prepared under the LNP. Highlighted the importance of recognising alternative handlers for children with autism.
“The LNP will be supporting the bill.”— 2015-10-27View Hansard
As committee chair, commended the bill for improving access rights by recognising alternative handlers, simplifying administrative processes, and reducing red tape for people with disability.
“This bill's intention is to improve access rights of users of guide, hearing and assistance dogs by recognising alternative handlers.”— 2015-10-27View Hansard
Supported the bill as having deep meaning for many people, acknowledging the patience required to train assistance dogs and the reliance people with disability place on them.
“I think that this bill may be seen by some people as a 'light' bill, but it has a very deep meaning for many, many people right throughout this state.”— 2015-10-27View Hansard
Commended the bill as the first to pass the committee with bipartisan support, noting it removes inequity, reduces red tape, and provides new investigative and enforcement provisions.
“This bill goes to the heart of removing that inequity and it also reduces red tape, streamlines administrative processes and provides assistance and rights.”— 2015-10-27View Hansard
Supported the bill and thanked the former minister for initiating the review. Raised the need for greater engagement with public transport operators, particularly school bus operators in rural and regional Queensland.
“It is particularly important. There are many school bus operators across rural and regional Queensland and in the south-east corner. It is important that they actually know what this legislation requires them to do.”— 2015-10-27View Hansard
Supported the bill with bipartisan enthusiasm, noting the remarkable capabilities of assistance dogs including those that can detect epileptic fits, and emphasised the importance of community education on access rights.
“It is fine to have legislation, but it is important that people out there in communities are empowered to advocate on their own behalf and have the confidence to do so when often other people do not.”— 2015-10-27View Hansard
Supported the bill as a continuation of the review undertaken by the former LNP government, welcoming the streamlined processes, reduced red tape, and removal of the requirement for repeated proof of disability.
“I certainly support any measure which will reduce red tape for people with disability to get access to the support they need.”— 2015-10-27View Hansard
Supported the bill as empowering people with disability, drawing on his experience as a nurse and highlighting organisations in his electorate that support people with visual impairment.
“What seems like a simple amendment to an existing piece of legislation in turn ends up being a major reform to the way the rights of people with a disability are recognised in our state.”— 2015-10-27View Hansard
Supported the bill and used his speech to highlight the Young Diggers Dog Squad, which trains rescued dogs to become PTSD assistance dogs for returned Defence personnel, calling on the minister to fund the program.
“These men and women are coming back from Afghanistan and many other countries so that we can all go to bed every single night of the week. I ask the minister to please do what she can to help these people out.”— 2015-10-27View Hansard
Supported the bill as a major reform that simplifies and streamlines red tape, particularly welcoming the removal of the requirement for people with disability to repeatedly verify their disability when renewing identity cards.
“What seems like a simple amendment to an existing piece of legislation in turn ends up being a major reform to the way the rights of people with a disability are recognised in our state.”— 2015-10-27View Hansard
Supported the bill after meeting with Guide Dogs Queensland staff and a guide dog handler, noting the bill would contribute to improved access and greater awareness of accessibility rights.
“This bill will make a difference in the lives of many people.”— 2015-10-27View Hansard
Supported the bill for creating the right of access for people with disability, ensuring quality and accountability of working dogs, and relaxing the overly bureaucratic requirement to repeatedly prove disability.
“The relaxing of this requirement will make what can only be described as an overly bureaucratic and onerous task a lot easier for people with disability.”— 2015-10-27View Hansard
▸In Detail27 Oct 2015View Hansard
Added an example to the definition of 'primary handler' in the dictionary (schedule 4) to clarify that a primary handler includes a child with a disability.
Referenced Entities
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Sectors Affected
Classified using AGIFT/ANZSIC Australian government standards