Dog Act 1976

In this section —

that is trained or is being trained by a representative of an organisation that is prescribed for the purposes of this definition; or

that is trained or is being trained by an individual having the qualifications and experience prescribed for the purposes of this definition; or

that is assessed by a person mentioned in paragraph (a) or (b) as being competent to be an assistance dog; or

that is being assessed by a person mentioned in paragraph (a) or (b) to decide whether the dog is competent to be an assistance dog; or

that has been approved, for the purposes of a law of another State or a Territory, as a dog whose use can alleviate or manage an effect of a person’s disability or medical condition; or

that is approved by the CEO for the purposes of this definition.

A person mentioned in subsection (3) —

is entitled to be accompanied by an assistance dog, in any building or place open to or used by the public, for any purpose, or in any public transport; and

is not guilty of an offence by reason only that he or she takes that dog into or permits that dog to enter any building or place open to or used by the public or on any public transport.

The persons to whom subsection (2) applies are as follows —

a person who has a disability or medical condition an effect of which can be alleviated or managed by the use of an assistance dog;

a person who is training or assessing an assistance dog and who is a representative of an organisation mentioned in the definition of assistance dog paragraph (a);

a person who is training or assessing an assistance dog and who is an individual mentioned in the definition of assistance dog paragraph (b);

an individual person who is approved by the CEO as a person to whom subsection (2) applies.

The CEO may, on application, approve —

an individual person to be a person to whom subsection (2) applies; or

a particular dog to be an assistance dog for the purposes of the definition in subsection (1).

An application under subsection (4) must be made in a manner and form approved by the CEO and accompanied by —

the prescribed fee, if any, for the application; and

each other thing that the CEO requires to accompany the application that will enable the CEO to make a decision.

The regulations may provide for the review by the State Administrative Tribunal of a decision of the CEO on an application under subsection (4).

This section applies despite any other provision of this Act or other written law.