Australian Capital Territory Numbered Acts Australian Capital Territory Numbered Acts(1) The board must—
(a) consult with the commission when it is considering what to do in relation to a complaint or report to which this part applies; and
(b) attempt to agree with the commission about the action to be taken in relation to the complaint or report.
(2) If the board and the commission cannot agree about the action to be taken in relation to the complaint or report, the most serious action chosen by the board or commission prevails.
(3) The action that may be taken in relation to a complaint or report, from most serious to least serious, is as follows:
(a) apply to the ACAT for an emergency order in relation to the registered veterinary surgeon to whom the complaint or report relates;
(b) apply to the ACAT for—
(i) the suspension or cancellation of the registration of the veterinary surgeon to whom the complaint or report relates; or
(ii) if the veterinary surgeon is not registered—a declaration under section 62 (2) (Occupational discipline orders) in relation to the veterinary surgeon;
(c) consideration under the Human Rights Commission Act 2005
;
(d) refer the veterinary surgeon to whom the complaint or report relates to a professional standards panel;
(e) refer the veterinary surgeon to whom the complaint or report relates to a personal assessment panel;
(f) refuse to investigate the report further.
(4) Also, the board must take action under section 67 (Indication that offence committed) if, after consultation with the commission, either the board, commission or both consider that the section applies to the complaint or report.
(5) The board may take action under this section even if it has already taken action in relation to the report.
Example
If the board decides that a complaint about a veterinary surgeon does not suggest that the veterinary surgeon may be contravening, or may have contravened, the required standard of practice, the board may refer the complaint to a personal assessment panel. If the personal assessment panel recommends that the complaint be referred to a professional standards panel because, on further examination, the complaint raises the possibility that the veterinary surgeon may be contravening, or may have contravened, the required standard of practice, the board would then consult with the commission under this section, even though the board has already taken action in relation to the complaint.
Note An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act