South Australian Current Acts

VETERINARY SERVICES ACT 2023 - SECT 38

38—Suspension or variation of registration where veterinarian charged with certain offences or unacceptable risk to animals

        (1)         The Board may, by notice in writing served personally on a veterinarian—

            (a)         suspend the registration of the veterinarian; or

            (b)         vary the conditions of the veterinarian's registration (including by imposing conditions),

if—

            (c)         the Board becomes aware that the veterinarian has been charged with a prescribed offence; or

            (d)         the Board reasonably suspects that the veterinarian poses an unacceptable risk to animals.

        (2)         However, the Board cannot take action under this section in relation to a matter that may be dealt with under Part 7 Division 3.

        (3)         The Board must, not later than 60 days after a notice is served on a veterinarian under subsection (1) and at least once in each further 60 day period, review the suspension or variation (as the case requires) and may, on completion of the review—

            (a)         confirm the suspension or variation; or

            (b)         cancel the suspension or variation.

        (4)         If the Board refuses or fails to conduct a review within the period required under subsection (3), the suspension or variation (as the case requires) will, by force of this subsection, be taken to be cancelled at the end of that period.

        (5)         If the Board is satisfied that the action taken under subsection (1) is no longer necessary or appropriate, the Board must cancel the suspension or variation imposed under that subsection.

        (6)         Subject to this section, a suspension or variation under this section has effect until—

            (a)         if an investigation is commenced under section 77 in respect of the matter to which the suspension or variation relates—

                  (i)         if the Board determines that there is proper cause for disciplinary action against the veterinarian in relation to the matter—the matter is dealt with under Part 7 Division 5; or

                  (ii)         if the Board determines that there is no proper cause for disciplinary action against the veterinarian in relation to the matter—that determination; or

            (b)         120 days after the day on which the last charge of a prescribed offence to which the suspension or variation relates has been withdrawn or finally determined by a court; or

            (c)         it is cancelled under subsection (3), (4) or (8),

whichever occurs first.

        (7)         This section applies—

            (a)         in relation to conduct occurring before or after the commencement of this section; or

            (b)         whether the veterinarian was charged with the relevant prescribed offence before or after the commencement of this section.

        (8)         The Board may, on application, or by written notice at any time (including on a review by the Board under subsection (3)), cancel a suspension, or vary or cancel a condition varied or imposed on the registration of a veterinarian, under this section.

        (9)         For the purposes of this section, the Board—

            (a)         is not (except in a review under subsection (3)) required to provide procedural fairness; and

            (b)         is not bound by the rules of evidence and may inform themselves on any matter as they think fit; and

            (c)         may, subject to this Act, determine its own procedures.