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This is a Bill, not an Act. For current law, see the Acts databases.
South Australia
Veterinary Practice (Miscellaneous) Amendment
Bill 2013
A BILL FOR
An Act to amend the Veterinary
Practice Act 2003.
Contents
Part 1—Preliminary
1Short title
2Commencement
3Amendment
provisions
Part 2—Amendment of Veterinary
Practice Act 2003
4Amendment of long
title
5Amendment of section
3—Interpretation
6Amendment of section 6—Composition of
Board
7Amendment of section
13—Functions
8Repeal of section 14
9Amendment of section
17—Procedures
10Substitution of sections 26 and
27
26Registers
11Amendment of
section 28—General and specialist registers
12Amendment of
section 29—Register of persons removed from general or specialist
register
13Insertion of section
29A
29ARegister of decisions
relating to deemed registration
14Heading to Part 3
Division 2
15Amendment of section 32—Registration of
natural persons on general or specialist register
16Amendment of
section 33—Application for registration
17Amendment of
section 34—Removal from register or specialty
18Amendment of
section 35—Reinstatement on register or in specialty
19Amendment of section 36—Fees and
returns
20Amendment of section 37—Variation or
revocation of conditions of registration
21Amendment of
section 38—Contravention of conditions of registration
22Insertion of Part 3 Divisions 3, 4
and 5
Division 3—Deemed
registration
38ARecognition of veterinary
surgeons registered in other jurisdictions
38BVariation or revocation of conditions of
registration
38CContravention of conditions of deemed
registration
Division 4—Relationship between
registration in participating jurisdictions
38DConditions of
registration
38ESuspension or cancellation
of registration or disqualification
Division 5—Authority conferred by
primary or deemed registration
38FAuthority conferred by
primary or deemed registration
23Amendment of section
40—Illegal holding out as veterinary surgeon or specialist
24Amendment of section 41—Illegal holding
out concerning limitations or conditions
25Amendment of
section 42—Use of certain titles or descriptions prohibited
26Amendment of section 43—Board's approval
required where veterinary surgeon has not practised for 3 years
27Amendment of section 60—Medical fitness
of veterinary surgeon
28Amendment of section 61—Cause for
disciplinary action
29Amendment of section 62—Inquiries by
Board as to matters constituting grounds for disciplinary action
30Amendment of section 66—Right of appeal
to District Court
31Amendment of section
74—Confidentiality
32Insertion of sections 75 and
75A
75Arrangements between
the Board and interstate registration
authorities
75ANotification of disciplinary action to interstate
registration authorities
33Amendment of section
76—Evidentiary provision
34Amendment of section
79—Regulations
The Parliament of South Australia enacts as
follows:
This Act may be cited as the Veterinary Practice (Miscellaneous)
Amendment Act 2013.
This Act will come into operation on a day to be fixed by
proclamation.
In this Act, a provision under a heading referring to the amendment of a
specified Act amends the Act so specified.
Part 2—Amendment
of Veterinary Practice
Act 2003
Long title—after "veterinary surgeons;" insert:
to recognise the registration of veterinary surgeons in certain
jurisdictions;
5—Amendment
of section 3—Interpretation
(1) Section 3(1)—after the definition of Board
insert:
corresponding law means a law of another jurisdiction
recognised by the regulations as a corresponding law under this Act;
corresponding specialty, in relation to a specialty,
means—
(a) a specialty under a corresponding law of the same name as the
specialty; or
(b) a specialty under a corresponding law declared by the Board, by notice
in the Gazette, to correspond to the specialty;
deemed registration means registration under
section 38A;
(2) Section 3(1)—after the definition of inspector
insert:
interstate registration authority means a person or body
having the function of the registration of persons under a corresponding
law;
jurisdiction means—
(a) a State; or
(b) a Territory; or
(c) an overseas jurisdiction brought within the ambit of this definition
by the regulations;
(3) Section 3(1)—after the definition of legal
practitioner insert:
participating jurisdiction means this State or a jurisdiction
in which a corresponding law is in force;
primary registration—means registration under
Part 3 Division 2;
(4) Section 3(1)—after the definition of Registrar
insert:
registration means primary or deemed registration;
(5) Section 3(1), definition of veterinary
surgeon—delete the definition and substitute:
veterinary surgeon means—
(a) a person with primary registration under this Act; or
(b) a person with deemed registration under this Act who provides
veterinary treatment or engages in other conduct as a veterinary surgeon in this
State;
(6) Section 3(3)—delete "section 27" and substitute:
section 38F
(7) Section 3—after subsection (7) insert:
(8) For the purposes of this Act, a reference to
disqualification from registration under a corresponding law is a
reference to any form of prohibition from general or specialist registration or
registration in a corresponding speciality under the corresponding
law.
6—Amendment
of section 6—Composition of Board
(1) Section 6(1)—delete "7 members" and substitute:
8 members
(2) Section 6(1)—after paragraph (b) insert:
and
(c) 1 must be a veterinary surgeon engaged in teaching veterinary science
nominated by the Council of The University of Adelaide.
(3) Section 6—after subsection (4) insert:
(5) If a body fails to make a nomination within a period specified by the
Minister, the Governor may appoint a person nominated by the Minister and the
person so appointed will be taken to have been appointed after due nomination
under this section.
7—Amendment
of section 13—Functions
(1) Section 13(1)(a)—delete "approve" and substitute:
recognise
(2) Section 13—after subsection (1) insert:
(1a) In recognising a course of education or training, the Board may act
on the recommendation of the Australasian Veterinary Boards Council Incorporated
relating to the course.
(3) Section 13(2)(a)—after "Gazette" insert:
and on the Internet
(4) Section 13(2)(b)—delete paragraph (b)
(5) Section 13(2)—delete ", (b)"
Section 14—delete the section
9—Amendment
of section 17—Procedures
Section 17(1)—delete "4 members" and substitute:
5 members
10—Substitution
of sections 26 and 27
Sections 26 and 27—delete the sections and substitute:
26—Registers
(1) The Registrar must keep the following registers:
(a) a general register;
(b) a specialist register;
(c) a register of persons who have been removed from the general register
or specialist register or a particular specialty under this Act or any other Act
or law or former Act or law;
(d) a register of persons whose deemed registration under this Act has
been affected by a decision of the Board or who have been disqualified by the
Board from deemed registration under this Act.
(2) The registers may be kept in conjunction with 1 or more
registers kept under corresponding laws.
11—Amendment
of section 28—General and specialist registers
(1) Section 28(2)—delete "veterinary surgeon" and
substitute:
person with primary registration under this Act
(2) Section 28(2)(c) and (d)—delete paragraphs (c) and (d)
and substitute:
(c) in the case of a person registered on the specialist register, the
specialty in which the person is registered; and
(d) particulars of any limitation or condition of the person's
registration; and
(da) particulars of any decision of the Board—
(i) waiving or modifying restrictions, limitations or conditions imposed
on the person's registration under a corresponding law; or
(ii) waiving any suspension, cancellation or disqualification imposed on
the person's registration or the person under a corresponding law,
(being a registration that is deemed registration under this Act);
and
12—Amendment
of section 29—Register of persons removed from general or specialist
register
Section 29—delete "and who have not been reinstated to that register
or specialty"
After section 29 insert:
29A—Register of decisions relating to deemed
registration
The register of persons whose deemed registration under this Act has been
affected by a decision of the Board or who have been disqualified by the Board
from deemed registration under this Act—
(a) must include, in relation to each person on the
register—
(i) the person's full name and business address; and
(ii) the registration or specialty affected by the decision; and
(iii) the date of the decision; and
(iv) the reasons for and the terms of the decision,
including—
(A) any conditions imposed by the Board; and
(B) any waiver or modification by the Board of restrictions, limitations
and conditions imposed under a corresponding law; and
(C) any suspension, cancellation or disqualification imposed by the Board;
and
(D) any waiver by the Board of a suspension, cancellation or
disqualification under a corresponding law; and
(b) must have deleted from it all information relating to a person if the
Board's decision has ceased to be operative.
14—Heading
to Part 3 Division 2
Heading to Part 3 Division 2—delete the heading and
substitute:
Division 2—Primary
registration
15—Amendment
of section 32—Registration of natural persons on general or specialist
register
(1) Section 32(1)—delete subsection (1) and substitute:
(1) Subject to this Act, a natural person is eligible for registration on
the general register, and a person registered on the general register is
eligible for registration on the specialist register in a particular specialty,
if the person, on application to the Board, satisfies the Board
that—
(a) he or she—
(i) has qualifications recognised by the Board for the purposes of
registration on the register or in the specialty to which the application
relates; and
(ii) has met the requirements determined by the Board to be necessary for
the purposes of registration on that register or in that specialty;
and
(iii) is medically fit to provide veterinary treatment as a veterinary
surgeon; and
(iv) is a fit and proper person to be registered on that register or in
that specialty; and
(b) he or she is, unless exempted by the Board, insured in a manner and to
an extent approved by the Board against civil liabilities that might be incurred
by the person in the course of providing veterinary treatment as a veterinary
surgeon; and
(c) he or she has, or proposes to have, his or her principal place of
residence in this State.
(2) Section 32(2)—after paragraph (c) insert:
or
(ca) does not, and does not propose to, have his or her principal place of
residence in a participating jurisdiction but is visiting, or proposes to visit,
this State,
(3) Section 32(2)(d)—after subparagraph (ii) insert:
(iii) to provide veterinary treatment or engage in other conduct as a
veterinary surgeon while visiting this State; or
16—Amendment
of section 33—Application for registration
Section 33—after subsection (3) insert:
(4) The Board may refuse to determine an application for registration
until any complaint made against the applicant under a corresponding law has
been finally determined.
17—Amendment
of section 34—Removal from register or specialty
(1) Section 34(1)—after "veterinary surgeon" insert:
with registration under this Division
(2) Section 34(2)(d)—after "Act" insert:
(including under section 38E)
(3) Section 34—after subsection (4) insert:
(5) Without limiting subsection (2), the Registrar must suspend the
registration of a person if the Board has determined that the registration
should be suspended pending the outcome of any disciplinary proceedings under
Part 5.
(6) If the Board is
of the opinion that a person with registration under this Division should
instead have registration under a corresponding law because the person's
principal place of residence is in another participating jurisdiction, the Board
may direct the Registrar to remove the person from the appropriate
register.
(7) However, before the Board gives a direction under
subsection (6),
the person must be given at least 28 days notice in writing of the proposed
removal and the Board must consider any submissions made in response to the
notice.
18—Amendment
of section 35—Reinstatement on register or in
specialty
(1) Section 35(2)—delete "registration on a register or in a
specialty has been suspended" and substitute:
registration or registration in a specialty under this Division has been
suspended
(2) Section 35(3)—delete "being registered on a register or in a
specialty under this Act" and substitute:
registration or registration in a specialty under this Division
19—Amendment
of section 36—Fees and returns
(1) Section 36(1)—delete "registered, nor will a" and
substitute:
granted registration under this Division, nor will registration under this
Division
(2) Section 36(2)—delete "A veterinary surgeon" and
substitute:
A person with registration under this Division
(3) Section 36(2)(b)—delete "during the preceding year or to any
other matter relevant to the person's registration under this Act" and
substitute:
(in or outside this State) during the preceding year or to any other matter
relevant to the person's registration under this Act or a corresponding
law
20—Amendment
of section 37—Variation or revocation of conditions of
registration
Section 37(1)—delete "veterinary surgeon" and substitute:
person with registration under this Division
21—Amendment
of section 38—Contravention of conditions of
registration
Section 38—delete "registration" and substitute:
registration under this Division
22—Insertion
of Part 3 Divisions 3, 4 and 5
After Part 3 Division 2 insert:
Division 3—Deemed registration
38A—Recognition of veterinary surgeons registered
in other jurisdictions
(1) Subject to this
Act, a natural person will, in relation to providing veterinary treatment or
engaging in other conduct as a veterinary surgeon in this State, be taken to be
registered under this Act (referred to in this Act as deemed
registration) if—
(a) the person's principal place of residence is another jurisdiction;
and
(b) the other jurisdiction is a participating jurisdiction; and
(c) the person is registered under the corresponding law of that other
jurisdiction (being registration that corresponds to primary registration under
this Act); and
(d) the person does not hold primary registration under this
Act.
(2) For the purposes of
subsection (1), a
person's principal place of residence includes any jurisdiction which was, in
the last 3 months, the person's principal place of residence.
(3) A natural person with registration under a corresponding law of a kind
recognised by the regulations as corresponding to registration on the specialist
register under this Act will be taken to be registered on the specialist
register under this Act in each specialty that is a corresponding specialty and
in which the person has registration under the corresponding law (insofar as
registration under the corresponding law corresponds to primary registration
under this Act).
38B—Variation or revocation of conditions of
registration
(1) The Board may, at any time, on application by a person with deemed
registration, vary or revoke a condition imposed by the Board on the person's
registration.
(2) The Registrar and the Minister are entitled to appear and be heard on
an application under this section.
38C—Contravention of conditions of deemed
registration
A person who contravenes, or fails to comply with, a condition of the
person's deemed registration under this Act is guilty of an offence.
Maximum penalty: $20 000 or imprisonment for 6 months.
Division 4—Relationship between registration in
participating jurisdictions
38D—Conditions of registration
(1) If, under a corresponding law, a person's registration is or is made
subject to a restriction, limitation or condition, the person's registration
under this Act is subject to a condition to the same effect.
(2) The Board may—
(a) on application by the person, waive or modify any such restriction,
limitation or condition if it thinks it appropriate in the circumstances;
or
(b) on its own initiative by written notice to the person, modify any such
restriction, limitation or condition if it thinks it necessary to do so for the
application of the restriction, limitation or condition in this State.
(3) The Board may, on its own initiative by written notice to a person
with deemed registration under this Act, impose conditions on the registration
if it thinks it appropriate in the circumstances.
(4) The Board may stipulate that a waiver or modification is only to apply
on the fulfilment of specified conditions.
(5) The Registrar and the Minister are entitled to appear and be heard in
proceedings under this section.
38E—Suspension or cancellation of registration or
disqualification
(1) If, under a corresponding law, a person's general or specialist
registration or registration in a particular specialty is suspended or
cancelled, the registration of the person under this Act is suspended or
cancelled on the same terms as apply under the corresponding law.
(2) If, under a corresponding law of another participating jurisdiction, a
person is disqualified from general registration, specialist registration or
registration in a corresponding specialty, the person is disqualified from
registration under this Act on the same terms as apply to the disqualification
under the corresponding law.
(3) The Board may, on application by a person whose registration has been
suspended or cancelled under a corresponding law or who has, under a
corresponding law, been disqualified from registration, waive the suspension,
cancellation or disqualification if it thinks it appropriate in the
circumstances.
(4) The Board may stipulate that a waiver is only to apply on the
fulfilment of specified conditions.
(5) The Registrar and the Minister are entitled to appear and be heard in
proceedings under this section.
(6) The effect of a waiver is as follows:
(a) if suspension of registration under a corresponding law is waived by
the Board—
(i) in the case of a person with primary registration under this
Act—the person is taken to be reinstated on the relevant register or in
the relevant specialty;
(ii) in the case of a person with deemed registration under this
Act—Division 3 applies to the registration as if the person's
registration under the corresponding law had not been suspended;
(b) if cancellation of registration under a corresponding law is waived by
the Board—
(i) in the case of a person with primary registration under this
Act—the person is taken to be reinstated on the relevant register or in
the relevant specialty;
(ii) in the case of a person with deemed registration under this
Act—Division 3 applies to the registration as if the person's
registration under the corresponding law had not been cancelled;
(c) if disqualification from registration under a corresponding law is
waived by the Board—
(i) in the case of a person who had primary registration under this
Act—the person is taken not to be disqualified;
(ii) in the case of a person who had deemed registration under this
Act—Division 3 applies to the registration as if the person's
registration under the corresponding law had been reinstated and the person were
not disqualified.
(7) If, as a consequence of a waiver under this section, a person has
deemed registration under this Act but does not have registration under a
corresponding law, the person must pay to the Board an annual practice fee and
furnish the Board with a return as if the person had primary registration under
this Act and, if the person fails to do so by the due date, the Board may, by
written notice to the person, suspend the person's deemed registration under
this Act until the fee is paid or the return furnished (as the case
requires).
Division 5—Authority conferred by primary or deemed
registration
38F—Authority conferred by primary or deemed
registration
Subject to any restrictions, limitations or conditions imposed under this
Act—
(a) general registration under this Act authorises the person to provide
veterinary treatment; and
(b) specialist registration under this Act authorises the person to
provide veterinary treatment in the specialty in which he or she is registered
or taken to be registered.
23—Amendment
of section 40—Illegal holding out as veterinary surgeon or
specialist
(1) Section 40(1)—delete "registered on the appropriate register
and, in the case of a particular class of specialist, in the specialty relevant
to that class" and substitute:
the person has, respectively, general registration, specialist
registration, or registration in the relevant specialty, under this
Act
(2) Section 40(2)—delete "is registered on the appropriate register
and, in the case of a particular class of specialist, in the specialty relevant
to that class" and substitute:
has, respectively, general registration, specialist registration, or
registration in the relevant specialty, under this Act
24—Amendment
of section 41—Illegal holding out concerning limitations or
conditions
(1) Section 41(1)—delete "is limited or subject to a condition under
this Act must not hold himself or herself out as having" and
substitute:
under this Act is limited or subject to a condition must not hold himself
or herself out as having or being taken to have
(2) Section 41(2)—delete "is limited or subject to a condition under
this Act as having" and substitute:
under this Act is limited or subject to a condition as having or being
taken to have
25—Amendment
of section 42—Use of certain titles or descriptions
prohibited
(1) Section 42(1)—delete "is not registered on the appropriate
register or in the relevant specialty" and substitute:
does not have general registration, specialist registration or registration
in a particular specialty under this Act (as the case requires)
(2) Section 42(2)—delete "is not registered on the appropriate
register or in the relevant specialty" and substitute:
who does not have general registration, specialist registration or
registration in a particular specialty under this Act (as the case
requires)
(3) Section 42(3), definition of prescribed
word—delete the definition and substitute:
prescribed word means—
(a) in relation to general or specialist registration under this
Act—
(i) veterinary surgeon; or
(ii) veterinary practitioner; or
(b) in relation to registration in a particular specialty under this
Act—
(i) the words comprising the name of the specialty; or
(ii) the words comprising the name under a corresponding law of a
corresponding specialty; or
(c) any other word or expression prescribed by the regulations.
26—Amendment
of section 43—Board's approval required where veterinary surgeon has not
practised for 3 years
(1) Section 43(1)—after "veterinary treatment" first occurring
insert:
(whether in or outside the State)
(2) Section 43(2)(b)—after "registration" insert:
under this Act
27—Amendment
of section 60—Medical fitness of veterinary surgeon
Section 60(c), (d) and (e)—after "registration" wherever occurring
insert:
under this Act
28—Amendment
of section 61—Cause for disciplinary action
Section 61(1)(a) and (b)—delete paragraphs (a) and (b) and
substitute:
(a) the person's primary registration under this Act was improperly
obtained; or
(ab) a waiver or modification under this Act relating to the person or
person's registration was improperly obtained; or
(b) the person is for any reason no longer a fit and proper person to have
primary or deemed registration or registration in a particular specialty under
this Act; or
29—Amendment
of section 62—Inquiries by Board as to matters constituting grounds for
disciplinary action
(1) Section 62(4)(c) to (f)—delete paragraphs (c) to (f)
(inclusive) and substitute:
(c) if the respondent is a veterinary surgeon—impose conditions on
the respondent's registration under this Act restricting the respondent's right
to provide veterinary treatment or revoke or vary a waiver or modification that
applies in respect of the respondent's registration under this Act;
(d) if the respondent has general registration under this Act but not
specialist registration—
(i) suspend the respondent's general registration under this Act for a
period not exceeding 1 year;
(ii) cancel the respondent's general registration under this
Act;
(e) if the respondent has specialist registration under this
Act—
(i) suspend the respondent's specialist registration or registration in a
particular specialty, or the respondent's general and specialist registration,
under this Act for a period not exceeding 1 year;
(ii) cancel the respondent's specialist registration or registration in a
particular specialty, or the respondent's general and specialist registration,
under this Act;
(f) disqualify the respondent from general registration, specialist
registration or registration in a particular specialty, or both general and
specialist registration, under this Act;
(2) Section 62(9)—delete subsection (9) and substitute:
(9) If a person fails to pay a fine imposed under this section, the Board
may—
(a) in the case of a person with primary registration under this
Act—without further notice, remove the person from the registers on which
the person is registered; or
(b) in the case of a person with deemed registration under this
Act—by written notice to the person, disqualify the person from
registration under this Act until the fine is paid.
(3) Section 62—after subsection (10) insert:
(11) The Board may
determine that the registration of a person should be suspended pending the
outcome of disciplinary proceedings against the person under this
Part.
(12) However—
(a) the Board may only act under
subsection (11) if
it thinks that it is necessary to do so because there is a serious risk that the
health and safety of the public or the health and welfare of animals will be
endangered; and
(b) if the Board acts under
subsection (11), it
must—
(i) immediately notify the person of the suspension and the reasons for
the suspension; and
(ii) ensure that the disciplinary proceedings are dealt with under this
section as quickly as is reasonably practicable.
30—Amendment
of section 66—Right of appeal to District Court
Section 66(1)—after paragraph (b) insert:
(ba) a refusal by the Board to vary or revoke a condition imposed by the
Board on a person's registration under this Act; or
(bb) a refusal by the Board to grant a waiver or modification under this
Act in relation to a person or person's registration; or
(bc) a direction by the Board to remove a person from a register under
section 34(5); or
31—Amendment
of section 74—Confidentiality
Section 74(1)(d)—delete paragraph (d) and substitute:
(d) to an authority with responsibility for administering a corresponding
law in connection with the administration of that law; or
(e) to an authority or other body in connection with the establishment or
administration of a national database envisaged by section 75.
32—Insertion
of sections 75 and 75A
After section 74 insert:
75—Arrangements between the Board and interstate
registration authorities
(1) The Board may enter into an arrangement with interstate registration
authorities for the purposes of establishing a national database of veterinary
surgeons, practitioners or service providers (however described) and for other
purposes related to the recognition of people engaged in veterinary practice or
treatment in other jurisdictions.
(2) Such an arrangement may, without limitation, involve the establishment
of a national database by the Australasian Veterinary Boards Council
Inc.
75A—Notification of disciplinary action to
interstate registration authorities
(1) The Board must notify each interstate registration authority
of—
(a) any disciplinary action taken against a veterinary surgeon under this
Act; or
(b) any other action of a kind prescribed by the regulations for the
purposes of this subsection.
(2) The Board is authorised to act under this section despite any law
relating to confidentiality.
(3) This section does not affect any obligation or power to provide
information under the Mutual Recognition Act 1992 of the
Commonwealth or the Trans-Tasman Mutual Recognition Act 1997 of the
Commonwealth.
33—Amendment
of section 76—Evidentiary provision
Section 76(1)(b) and (c)—delete paragraphs (b) and (c) and
substitute:
(b) that a person named in the complaint has or does not have, or had or
did not have on a specified date, general or specialist registration, or
registration in a specified specialty, under this Act;
(ba) that the registration under this Act of a person at a specified date
was primary registration or deemed registration;
(c) that the registration under this Act of a person named in the
complaint is, or was on a specified date, subject to specified
conditions;
34—Amendment
of section 79—Regulations
Section 79(2)—after paragraph (a) insert:
(ab) require the keeping of records or other information by veterinary
surgeons or any other person or body prescribed by the regulations;
(ac) require the furnishing of receipts, returns or other information to
the Board or any other person or body prescribed by the regulations;