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This is a Bill, not an Act. For current law, see the Acts databases.
PARLIAMENT OF VICTORIA
Veterinary Practice Act 1997
Act No.
TABLE OF PROVISIONS
Clause Page
PART 1--PRELIMINARY 1
1. Purposes 1
2. Commencement 2
3. Definitions 2
PART 2--REGISTRATION 5
Division 1--Procedure for obtaining Registration 5
4. Application for registration 5
5. Qualifications for general registration 5
6. General registration 6
7. Specific registration 8
8. Endorsement of registration as a specialist practitioner 9
9. Entitlement of applicant to make submissions 11
10. Notification of outcome of application 11
11. Duration and renewal of registration 12
12. Application for renewal of and refusal to renew registration 12
13. Restoration of name to the register 13
14. Effect of suspension of registration 13
15. Registration obtained by fraud 14
Division 2--The Register 14
16. The Register 14
17. Certificates 15
18. Use of certificate as evidence 16
19. Requirement to notify the Board of change of address 17
PART 3--INVESTIGATIONS INTO REGISTERED
VETERINARY PRACTITIONERS 18
Division 1--Preliminary investigations into professional conduct 18
20. Complaints about the professional conduct of veterinary
practitioners 18
21. When complaints about professional conduct are to be
investigated by the Board 18
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Clause Page
22. Outcome of preliminary investigation 19
23. Board may institute a hearing into professional conduct 19
24. Suspension of registration upon commencement of investigation 19
Division 2--Preliminary investigation into the health of registered
veterinary practitioners 20
25. Commencement of preliminary investigation 20
26. Notification to veterinary practitioner 21
27. Medical examination 21
28. Report of examination 21
29. Outcome of preliminary investigation 22
30. Referral to formal hearing 23
31. Request for conditions, limitations or restrictions 23
32. Revocation of suspension of registration or condition, limitation
or restriction imposed on registration 24
33. Immediate suspension of registration 24
Division 3--Formal and Informal Hearings 25
34. Establishment and notification of an informal hearing 25
35. Constitution of a panel for an informal hearing 25
36. Notice of an informal hearing 26
37. Conduct of an informal hearing 27
38. Findings and determinations of an informal hearing 27
39. Change of informal hearing to formal hearing during course of
hearing 28
40. Request for formal hearing upon completion of informal hearing 28
41. Establishment and notification of formal hearing 28
42. Constitution of a hearing panel for a formal hearing 29
43. Notice of a formal hearing 30
44. Conduct of a formal hearing 30
45. Findings and determinations of a formal hearing into conduct 31
46. Findings and determinations of a formal hearing into ability to
practise 33
Division 4--General Provisions relating to hearings 34
47. Procedure at formal and informal hearings 34
48. Powers of panel conducting a formal hearing 34
49. Determinations 34
50. Removal of suspension, condition, limitation or restriction 35
51. Reasons for determinations of panel or Board 35
52. Notifications 35
53. Offence to disclose information identifying complainant 37
54. Terms and conditions of appointment of panel members 37
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Clause Page
PART 4--REVIEW BY ADMINISTRATIVE APPEALS
TRIBUNAL 39
55. Review by AAT 39
56. Notification 39
PART 5--OFFENCES 41
57. Claims by persons as to registration 41
58. Fraud, forgery etc. 43
59. Exemptions 44
PART 6--ADMINISTRATION 45
60. Establishment of Board 45
61. Powers, functions and consultation requirements 45
62. Membership of the Board 46
63. Terms of office 47
64. Resignation and removal 47
65. President and Deputy President 48
66. Acting member 49
67. Payment of members 49
68. Procedure of Board 49
69. Member's interests 50
70. Resolutions without meetings 51
71. Approved methods of communication for Board 51
72. Effect of vacancy or defect 52
73. Immunity 52
74. Staff 53
75. Delegation 53
76. Secrecy 53
PART 7--REPORTING AND FINANCIAL PROVISIONS 55
77. Veterinary Practitioners Registration Board Fund 55
78. Investment powers 55
PART 8--ENFORCEMENT AND SUPPLEMENTARY POWERS 56
79. Proceedings for offences 56
80. Identification 56
81. Powers of entry with warrant 56
82. Announcement before entry 58
83. Copy of warrant to be given to occupier 58
84. Copies or receipts to be given 58
85. Powers of Board in relation to fees 59
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Clause Page
PART 9--GENERAL 60
86. Supreme Court--limitation of jurisdiction 60
87. Regulations 60
PART 10--SAVINGS, TRANSITIONAL AND AMENDMENTS 62
Division 1--Savings and Transitional 62
88. Definitions 62
89. Repeal 62
90. Board succeeds old Board 62
91. Proceedings before the old Board 63
92. Application of this Act to conduct occurring before
commencement of this Act 64
93. Existing registrations 64
94. Preparation of annual report 66
Division 2--Consequential Amendments 66
95. Consequential amendments 66
_______________
SCHEDULE--Consequential Amendments 67
NOTES 70
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PARLIAMENT OF VICTORIA
A BILL
to make further provision for the registration of veterinary
practitioners, the investigation into the professional conduct or fitness
to practise of registered veterinary practitioners, to establish the
Veterinary Practitioners Registration Board of Victoria and the
Veterinary Practitioners Registration Board Fund, to repeal the
Veterinary Surgeons Act 1958 and to make consequential
amendments to other Acts and for other purposes.
Veterinary Practice Act 1997
The Parliament of Victoria enacts as follows:
PART 1--PRELIMINARY
1. Purposes
The main purposes of this Act are--
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(a) to protect the public by providing for the
registration of veterinary practitioners and
investigations into the professional conduct
and fitness to practise of registered
5 veterinary practitioners; and
(b) to establish the Veterinary Practitioners
Registration Board of Victoria and the
Veterinary Practitioners Registration Board
Fund; and
10 (c) to repeal the Veterinary Surgeons Act
1958; and
(d) to make consequential amendments to other
Acts; and
(e) to provide for other related matters.
15 2. Commencement
(1) This Part comes into operation on the day on
which this Act receives the Royal Assent.
(2) Subject to sub-section (3), the remaining
provisions of this Act come into operation on a
20 day or days to be proclaimed.
(3) If a provision referred to in sub-section (2) does
not come into operation before 1 December 1998,
it comes into operation on that day.
3. Definitions
25 In this Act--
"Administrative Appeals Tribunal" means the
Administrative Appeals Tribunal established
under the Administrative Appeals
Tribunal Act 1984;
30 "alcoholic" has the same meaning as in the
Alcoholics and Drug-dependent Persons
Act 1968;
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"Board" means the Veterinary Practitioners
Registration Board of Victoria established
under Part 6;
"drug-dependent person" has the same meaning
5 as in the Alcoholics and Drug-dependent
Persons Act 1968;
"Fund" means the Veterinary Practitioners
Registration Board Fund established under
Part 7;
10 "lawyer" means a person admitted to practise as
a barrister and solicitor of the Supreme
Court;
"register" means the register of veterinary
practitioners kept under Part 2;
15 "registered medical practitioner" means a
medical practitioner registered under the
Medical Practice Act 1994;
"registered veterinary practitioner" means a
person registered under Part 2, whether or
20 not the registration of that person is general
or specific;
"unprofessional conduct" means all or any of
the following--
(a) professional conduct which is of a
25 lesser standard than that which the
public might reasonably expect of a
registered veterinary practitioner;
(b) professional conduct which is of a
lesser standard than that which might
30 reasonably be expected of a veterinary
practitioner by his or her peers;
(c) professional misconduct;
(d) infamous conduct in a professional
respect;
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(e) providing veterinary services of a kind
that are excessive, unnecessary or not
reasonably required for an animal's
well-being;
5 (f) a finding of guilt of--
(i) an indictable offence in Victoria,
or an equivalent offence in
another jurisdiction;
(ii) an offence which, in the opinion
10 of the Board, makes the veterinary
practitioner unfit to be a registered
veterinary practitioner;
(iii) an offence under this Act or the
regulations;
15 (iv) an offence as a veterinary
practitioner under any other Act or
regulations;
"veterinary practice" means the practise of
veterinary surgery and veterinary medicine.
20 _______________
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PART 2--REGISTRATION
Division 1--Procedure for obtaining Registration
4. Application for registration
(1) A natural person may apply to the Board for
5 registration as a veterinary practitioner.
(2) An application must--
(a) be in writing; and
(b) contain the prescribed information; and
(c) be accompanied by evidence of the
10 qualifications which the applicant claims
entitle him or her to the type of registration
applied for; and
(d) be accompanied by the fee determined by the
Board.
15 (3) The Board--
(a) may require the applicant to provide further
information or material in respect of the
application; and
(b) may require that the information in the
20 application be verified by a declaration under
section 107 of the Evidence Act 1958; and
(c) may require proof of identity of the person
making the application.
5. Qualifications for general registration
25 (1) A person is qualified for general registration as a
veterinary practitioner if that person--
(a) has been awarded a degree in veterinary
science or medicine accredited by the Board
that is from a tertiary institution recognised
30 by the Board; or
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(b) in the opinion of the Board, has a
qualification that is substantially equivalent
or is based on similar competencies to a
degree in veterinary science or medicine
5 accredited by the Board; or
(c) has passed a qualifying examination
conducted by or on behalf of the Board; or
(d) has a qualification that is recognised in
another State or Territory of the
10 Commonwealth for the purposes of
undertaking work of a similar nature to that
which a person holding a qualification to
which paragraph (a), (b) or (c) applies is
qualified to undertake.
15 (2) Despite sub-section (1), if the Board is satisfied
that an applicant would not be able to provide the
standard of veterinary services ordinarily required
in Victoria because the applicant has not practised
as a veterinary practitioner within the 3 years
20 preceding the application it may refuse to grant
general registration unless the applicant
undertakes further training approved by the
Board.
6. General registration
25 (1) The Board must grant general registration as a
veterinary practitioner to an applicant if--
(a) the applicant is qualified for registration
under section 5; and
(b) there are no grounds under sub-section (2)
30 under which the Board may refuse to grant
registration to the applicant; and
(c) the circumstances are such that section 7
does not apply; and
(d) the applicant has paid the fee determined by
35 the Board under section 4(2)(d).
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(2) The Board may refuse to grant registration to an
applicant on any one or more of the following
grounds--
(a) that the character of the applicant is such that
5 it would not be in the public interest to allow
the applicant to practise as a registered
veterinary practitioner;
(b) that the applicant is unfit to practise as a
registered veterinary practitioner because he
10 or she is an alcoholic or drug-dependent
person;
(c) that the applicant has been found guilty of an
indictable offence in Victoria or an
equivalent offence in another jurisdiction
15 within a period of 10 years preceding the
application;
(d) that the applicant has been found guilty of an
offence where the ability of the applicant to
practise is likely to be affected because of
20 the finding of guilt or where it is not in the
public interest to allow the applicant to
practise because of the finding of guilt;
(e) that the applicant has previously been
registered under this Act or the Veterinary
25 Surgeons Act 1958 and during the course of
that registration has had proceedings under
Part 3 or similar proceedings under the
Veterinary Surgeons Act 1958 brought
against him or her and those proceedings
30 have never been finalised;
(f) that, in the opinion of the Board, the
applicant is unfit to be registered because he
or she has a physical or mental impairment
which significantly impairs his or her ability
35 to practise as a registered veterinary
practitioner;
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(g) that the applicant has previously held a right
to practise as a veterinary practitioner
outside Victoria, being the equivalent of
registration as a veterinary practitioner under
5 this Act, and that right has been cancelled or
suspended and not restored because of
conduct which, if committed within Victoria,
would entitle the Board to suspend or cancel
registration.
10 (3) A grant of registration under this section is subject
to any conditions, limitations or restrictions that
the Board thinks fit.
(4) The Board may, upon application by the
registered veterinary practitioner, amend, vary or
15 revoke any condition, limitation or restriction
imposed under sub-section (3).
7. Specific registration
(1) The Board may grant or refuse to grant specific
registration as a veterinary practitioner to an
20 applicant if the applicant holds qualifications in
veterinary practice which do not qualify that
applicant for general registration--
(a) to enable that applicant to undertake
supervised study or training or a course
25 approved by the Board at a tertiary
institution; or
(b) to enable that applicant to fill a veterinary
teaching or research position at a tertiary
institution approved by the Board; or
30 (c) to enable that applicant to undergo training,
under the direct supervision of a registered
veterinary practitioner, to acquire the
competencies required to be registered under
section 6; or
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(d) if the Board is of the opinion that, in order to
meet an identified need for a veterinary
practitioner, it is necessary for a person
having qualifications in the nature of the
5 applicant's to provide veterinary services; or
(e) to enable an applicant from another country
to practise in Victoria if that applicant has
exchanged practice with a registered
veterinary practitioner for a limited period
10 with the prior permission of the Board.
(2) A grant of specific registration under this section
is subject to any conditions, limitations or
restrictions imposed by the Board including the
period of registration which must not exceed 12
15 months.
(3) The Board may of its own motion, or upon
application by the veterinary practitioner granted
specific registration, amend, vary or revoke any
condition, limitation or restriction imposed under
20 sub-section (2).
8. Endorsement of registration as a specialist
practitioner
(1) If the Board is satisfied that a veterinary
practitioner has--
25 (a) been granted general registration under
section 6; and
(b) has satisfactorily completed a post-graduate
qualification in a branch of veterinary
surgery or medicine recognised by the
30 Board; and
(c) has practised in, or is currently practising in,
that branch of veterinary surgery or
medicine--
the Board may grant or refuse to grant an
35 endorsement of the general registration of the
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veterinary practitioner to the effect that the
veterinary practitioner is qualified to practise as a
veterinary specialist in the branch of veterinary
surgery or medicine that is specified by the Board
5 in the endorsement.
(2) An applicant for general registration or a
registered veterinary practitioner may apply to the
Board for an endorsement as a specialist
practitioner under this section.
10 (3) An application must be--
(a) in writing in a form approved by the Board
and accompanied by evidence of the
qualifications and experience that the
applicant claims qualify him or her for the
15 endorsement as a specialist practitioner; and
(b) accompanied by the fee determined by the
Board.
(4) The Board--
(a) may require the applicant to provide further
20 information or material in respect of the
application; and
(b) may require that information in the
application be verified by a declaration under
section 107 of the Evidence Act 1958.
25 (5) The Board may have regard to the advice of any
person or persons about the applicant's training,
qualifications, experience or expertise in the
branch of veterinary practice in which the
applicant is seeking specialist registration.
30 (6) The Board must ensure that, if any branch of
veterinary surgery or medicine is recognised by
the Board for the purposes of endorsement of
registration as a specialist practitioner under this
section, the endorsement is notified in the
35 Government Gazette and in any relevant
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publication circulating among veterinary
practitioners generally.
9. Entitlement of applicant to make submissions
If the Board is proposing to refuse an application
5 for registration or endorsement of registration or
to impose conditions, limitations or restrictions on
the registration of an applicant, the Board must
not do so until--
(a) it has given the applicant notice of this
10 proposal; and
(b) it has given the applicant an opportunity to
make submissions to the Board about the
proposal.
10. Notification of outcome of application
15 (1) Upon determining an application for registration
or endorsement of registration under this Part, the
Board must notify the applicant as to whether or
not registration or endorsement of registration has
been granted to the applicant.
20 (2) A notice under sub-section (1) must include the
following information--
(a) if the registration has been granted--
(i) the type of registration granted; and
(ii) whether or not any conditions,
25 limitations or restrictions have been
imposed on the registration and, if so,
the reasons for imposing the conditions,
limitations or restrictions; or
(b) if the endorsement of registration has been
30 granted, the branch of veterinary surgery or
medicine that the veterinary practitioner is
authorised to practise in as a veterinary
specialist; or
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(c) if the registration or endorsement of
registration has not been granted--
(i) the reasons why it has not been granted;
and
5 (ii) a statement that the applicant has a
right to obtain a review of the decision
not to grant registration or endorsement
of registration.
11. Duration and renewal of registration
10 (1) The registration of a veterinary practitioner which
is not specific or renewal of such registration
continues in force until 31 December of the year
in which the registration was granted or renewed.
(2) The endorsement of the registration of a
15 veterinary practitioner as a specialist practitioner
continues in force for the period that the
registration is in force.
12. Application for renewal of and refusal to renew
registration
20 (1) An application for renewal of registration which is
not specific--
(a) must be made to the Board before the
existing registration expires; and
(b) must be accompanied by the fee determined
25 by the Board.
(2) If a person does not apply for renewal of
registration before the end of the existing
registration period, the Board may renew that
person's registration if application is made within
30 3 months after the end of the registration period
and the applicant pays an additional renewal fee
determined by the Board which must not be more
than 50% of the original fee.
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(3) If a person's registration has expired without being
renewed that person is deemed to be registered for
a period of 3 months after that expiry, and if, at
the end of that period of 3 months, that person has
5 not renewed his or her registration, the Board
must remove that person's name from the register.
(4) If the Board is satisfied that an applicant would
not be able to provide the standard of veterinary
services ordinarily required in Victoria because
10 the applicant has not practised as a veterinary
practitioner within the 5 years preceding the
application it may refuse to renew the registration
unless the applicant undertakes further training
approved by the Board.
15 (5) The Board may refuse to renew the registration of
an applicant on any ground on which the Board
might refuse to grant registration.
13. Restoration of name to the register
If a person whose name has been removed from
20 the register under section 12(3)--
(a) applies to the Board within 2 years from the
date of that removal to have his or her name
restored to the register; and
(b) pays to the Board the fee fixed by the Board
25 for that purpose within that period--
the Board may restore that person's name to the
register.
14. Effect of suspension of registration
For the purposes of this Act, a veterinary
30 practitioner whose registration is suspended is
deemed to be not registered for the period of that
suspension.
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Act No.
15. Registration obtained by fraud
(1) If the Board believes that the registration or
endorsement of registration of a veterinary
practitioner has been obtained by fraud or
5 misrepresentation or that the qualifications upon
which the veterinary practitioner relied for
registration or endorsement of registration have
been withdrawn the Board must conduct a hearing
into the matter.
10 (2) The Board must give notice of the time and place
of the hearing to the veterinary practitioner.
(3) The provisions applying to the conduct of a
formal hearing under Part 3 apply to a hearing
under this section as if a hearing under this section
15 were a formal hearing.
(4) If, at the end of the hearing, the Board determines
that the registration or endorsement of registration
of the veterinary practitioner has been obtained by
fraud or misrepresentation or that the
20 qualifications upon which the veterinary
practitioner has relied for registration have been
withdrawn, the Board must cancel the registration
of the veterinary practitioner.
Division 2--The Register
25 16. The Register
(1) The Board must cause to be kept a register of all
veterinary practitioners to whom the Board has
granted registration under this Act.
(2) The register is to be called the Register of
30 Veterinary Practitioners.
(3) The following particulars must be included on the
register against the name of the veterinary
practitioner to whom they apply--
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(a) an address where the practitioner can be
contacted;
(b) particulars of the type of registration of the
practitioner;
5 (c) any endorsement of the practitioner's
registration as a specialist practitioner;
(d) any current suspension of the registration of
the veterinary practitioner;
(e) any current condition, limitation or
10 restriction imposed on the registration of the
veterinary practitioner;
(f) the prescribed information.
(4) The register may be inspected at the office of the
Board by any person during ordinary office hours
15 without charge.
(5) A person may obtain a copy of or an extract from
the register on payment of the fee determined by
the Board.
(6) A registered veterinary practitioner's private
20 address must not appear on that part of the register
which is open to the public for inspection, unless
the veterinary practitioner so authorises.
17. Certificates
(1) Upon--
25 (a) granting registration to a person under this
Part; or
(b) endorsing the registration of a practitioner as
a specialist practitioner; or
(c) renewing the registration of a person under
30 this Part--
the Board must issue a certificate of registration to
that person.
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(2) The following particulars must be included on a
certificate of registration--
(a) any endorsement as a specialist practitioner;
and
5 (b) any condition, limitation or restriction
imposed on the registration of the veterinary
practitioner; and
(c) the prescribed information.
(3) If a veterinary practitioner's registration or
10 endorsement of registration under this Part has
been suspended or cancelled, that veterinary
practitioner must return his or her certificate of
registration to the Board.
Penalty: 20 penalty units.
15 18. Use of certificate as evidence
A certificate purporting to be signed by the
President or any 2 members of the Board to the
effect that--
(a) a veterinary practitioner is or is not or was or
20 was not, at any specified date, registered; or
(b) the veterinary practitioner's registration is or
is not or was or was not, at any specified
date, endorsed under section 8; or
(c) that any disciplinary or other action is or is
25 not or was or was not, at any specified date,
being taken against that veterinary
practitioner--
is evidence and, in the absence of evidence to the
contrary, is proof of the matters stated in it.
30
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19. Requirement to notify the Board of change of address
A registered veterinary practitioner must notify
the Board of any change of the address of the
veterinary practitioner which appears on the
5 register within 14 days after that change.
_______________
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PART 3--INVESTIGATIONS INTO REGISTERED
VETERINARY PRACTITIONERS
Division 1--Preliminary investigations into professional
conduct
5 20. Complaints about the professional conduct of
veterinary practitioners
A person may make a complaint about a
registered veterinary practitioner to the Board.
21. When complaints about professional conduct are to be
10 investigated by the Board
(1) The Board must investigate a complaint
concerning the professional conduct of a
registered veterinary practitioner unless the Board
has determined the complaint to be frivolous or
15 vexatious.
(2) In order to determine whether or not it is
necessary to conduct a formal or informal hearing
into a complaint, the Board must conduct a
preliminary investigation into the complaint.
20 (3) The Board may, in writing, delegate to--
(a) an officer of the Board; or
(b) a lawyer or investigator retained by the
Board; or
(c) a sub-committee of the Board consisting of
25 not more than 3 members of the Board
named in the delegation--
its power to conduct a preliminary investigation
into a complaint, other than its power to make
determinations upon a preliminary investigation.
30
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(4) The Board must ensure that any person who
provides information to the Board during the
course of an investigation is made aware that the
investigation is being conducted.
5 22. Outcome of preliminary investigation
(1) Upon completing a preliminary investigation, the
person or persons conducting the investigation
may make one of the following
recommendations--
10 (a) that the investigation into the matter should
not proceed further; or
(b) that an informal or formal hearing should be
held into the matter.
(2) The Board must determine whether or not to act
15 on the recommendations of the person or persons
conducting the preliminary investigation.
23. Board may institute a hearing into professional
conduct
The Board may, of its own motion, determine to
20 conduct a formal or informal hearing into the
professional conduct of a registered veterinary
practitioner without conducting a preliminary
investigation.
24. Suspension of registration upon commencement of
25 investigation
(1) The Board, upon making a determination--
(a) to conduct a preliminary investigation into a
complaint made to the Board about the
professional conduct of a registered
30 veterinary practitioner; or
(b) to conduct a formal or informal hearing into
the professional conduct of a registered
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veterinary practitioner without preliminary
investigation--
may suspend the registration of the veterinary
practitioner until any investigation and any
5 hearing into the matter is completed if the Board
is of the opinion 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.
10 (2) If the Board has suspended the registration of a
veterinary practitioner under sub-section (1), it
must--
(a) immediately notify the veterinary
practitioner of that suspension and the
15 reasons for the suspension; and
(b) ensure that the matter is investigated as soon
as possible after that suspension.
Division 2--Preliminary investigation into the health of
registered veterinary practitioners
20 25. Commencement of preliminary investigation
If the Board believes the ability of a veterinary
practitioner to practise veterinary medicine or
surgery may be affected because--
(a) of the physical or mental health of the
25 veterinary practitioner; or
(b) the veterinary practitioner has an incapacity;
or
(c) the veterinary practitioner is an alcoholic or
drug-dependent person--
30 the Board may appoint one of its members to
conduct a preliminary investigation into the
matter.
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26. Notification to veterinary practitioner
(1) The member of the Board appointed to investigate
the matter must give notice of the preliminary
investigation to the veterinary practitioner.
5 (2) A notice under sub-section (1) must--
(a) be in writing; and
(b) be sent by registered post as soon as possible
after the Board's decision has been made;
and
10 (c) advise the veterinary practitioner of the
nature of the matter to be investigated; and
(d) ask the veterinary practitioner to advise the
Board as to whether or not he or she will
agree to undergo a medical examination
15 within 28 days after receiving the notice; and
(e) advise the veterinary practitioner of the
procedures that can be taken under this Part.
27. Medical examination
(1) If the veterinary practitioner agrees to undergo a
20 medical examination within 28 days, the
veterinary practitioner must be examined by a
registered medical practitioner who is agreed upon
by the Board and the veterinary practitioner.
(2) If the Board and the veterinary practitioner are
25 unable to agree upon a registered medical
practitioner to conduct the examination, the
Minister must appoint a registered medical
practitioner to perform the examination.
(3) The Board must pay for the examination.
30 28. Report of examination
(1) The examining medical practitioner must give a
report of his or her examination to the member of
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the Board appointed to investigate the matter and,
not more than 7 days later, to the veterinary
practitioner being investigated.
(2) The person appointed to investigate the matter
5 must discuss the report with the veterinary
practitioner and, in the case of an adverse finding
in the report, the possible ways of dealing with
that finding.
(3) After discussing the report with the veterinary
10 practitioner, the person appointed to investigate
the matter must report to the Board.
(4) Despite sub-section (1), if the report contains
information of a medical or psychiatric nature
concerning the veterinary practitioner, and it
15 appears to the person appointed to conduct the
investigation that the disclosure of that
information to the veterinary practitioner might be
prejudicial to the physical or mental health or well
being of the veterinary practitioner, the
20 investigator may decide not to give that
information to the veterinary practitioner but to
give it instead to another veterinary practitioner
nominated by that veterinary practitioner.
(5) Before acting under sub-section (4), the
25 investigator must report to the Board and, if the
investigator is not a veterinary practitioner and the
Board is of the opinion that it is necessary for the
investigation of the matter to be continued by a
veterinary practitioner, the Board may appoint a
30 veterinary practitioner to continue the
investigation.
29. Outcome of preliminary investigation
(1) If, after considering the reports given under
section 28, the Board decides that further action
35 should be taken, the Board must ask the veterinary
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practitioner whether or not he or she is prepared to
agree to--
(a) alter the way in which he or she practises
veterinary surgery or medicine; or
5 (b) the imposition of conditions, limitations or
restrictions on his or her registration; or
(c) the alteration or cancellation of any
endorsement of registration as a specialist
veterinary practitioner under section 8; or
10 (d) the suspension of his or her registration for
the period of time specified by the Board.
(2) The Board may take any action that is necessary
to implement an agreement under sub-section (1).
30. Referral to formal hearing
15 If a registered veterinary practitioner who is the
subject of a preliminary investigation under this
Division--
(a) does not agree to undergo a medical
examination or does not abide by an
20 agreement to undergo a medical
examination; or
(b) does not reach an agreement with the Board
under section 29 or does not abide by an
agreement reached with the Board under
25 section 29--
the Board may refer the matter to a formal
hearing.
31. Request for conditions, limitations or restrictions
(1) A registered veterinary practitioner who believes
30 that his or her ability to practise veterinary
surgery or medicine is affected because--
(a) of his or her physical or mental health; or
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(b) he or she has an incapacity; or
(c) he or she is an alcoholic or drug-dependent
person--
may ask the Board to impose a condition,
5 limitation or restriction on his or her practice.
(2) If the Board and the veterinary practitioner agree
upon the condition, limitation or restriction to be
imposed, the Board may impose it.
(3) If the veterinary practitioner and the Board do not
10 agree upon the condition, limitation or restriction
to be imposed, the Board must refer the matter to
a preliminary investigation.
32. Revocation of suspension of registration or condition,
limitation or restriction imposed on registration
15 The Board may revoke a condition, limitation or
restriction imposed on the registration of a
registered veterinary practitioner or the
suspension of a registered veterinary practitioner's
registration, if the veterinary practitioner satisfies
20 the Board that his or her ability to practise
veterinary surgery and medicine is no longer
affected.
33. Immediate suspension of registration
(1) If the Board has referred a matter to a formal
25 hearing under this Division, the Board may
suspend the registration of the veterinary
practitioner until the hearing is completed, if the
Board is of the opinion that the ability of the
veterinary practitioner to practise veterinary
30 surgery and medicine is affected to such an extent
that to allow the veterinary practitioner to
continue to practise would pose a serious risk that
the health and safety of the public or the health
and welfare of animals will be endangered.
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(2) If the Board has suspended the registration of a
veterinary practitioner under sub-section (1), it
must--
(a) immediately notify the veterinary
5 practitioner of that suspension and the
reasons for the suspension; and
(b) ensure that the matter is investigated as soon
as possible after that suspension.
Division 3--Formal and Informal Hearings
10 34. Establishment and notification of an informal
hearing
If the Board has determined under section 22 or
23 that an informal hearing be held into the
professional conduct of a registered veterinary
15 practitioner, the Board must--
(a) appoint a panel to hold the hearing; and
(b) fix a time and place for the hearing to be
held; and
(c) by registered post, serve a notice on the
20 veterinary practitioner which complies with
section 36; and
(d) serve notice on any complainant by
registered post under section 52(4)(a) and
(b).
25 35. Constitution of a panel for an informal hearing
(1) A panel appointed under section 34 is to consist of
not more than 3 persons--
(a) who are to be members of the Board; and
(b) of whom, at least 1 is not to be a registered
30 veterinary practitioner.
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(2) If--
(a) the Board is unable to appoint a panel
because there are not enough members
available to sit on it; or
5 (b) the Board is of the opinion that a person with
special expertise is required for the
hearing--
the Governor in Council may appoint persons who
are not members of the Board to fill the vacant
10 positions on the panel.
(3) A person who has undertaken a preliminary
investigation of the matter is not entitled to be a
member of the panel.
36. Notice of an informal hearing
15 A notice of an informal hearing under section 34
must--
(a) state the nature of the hearing and the
allegations made against the veterinary
practitioner; and
20 (b) give the time and place of the hearing; and
(c) state that the veterinary practitioner may
choose to have the matter determined by a
formal hearing and state the differences
between a formal and informal hearing; and
25 (d) state that there is no right to legal
representation at the hearing, but that the
veterinary practitioner is entitled to be
present and to make submissions and to be
accompanied by another person, that the
30 hearing is not open to the public and list the
possible findings the panel can make or
orders the panel can give.
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37. Conduct of an informal hearing
At an informal hearing--
(a) the panel must hear and determine the matter
before it; and
5 (b) the veterinary practitioner who is the subject
of the hearing is entitled to be present, to
make submissions and to be accompanied by
another person but is not entitled to be
represented; and
10 (c) the proceedings of the hearing must not be
open to the public.
38. Findings and determinations of an informal hearing
(1) After considering all the submissions made to the
hearing the panel may find either--
15 (a) that the veterinary practitioner has, whether
by act or omission, engaged in
unprofessional conduct which is not of a
serious nature; or
(b) that the veterinary practitioner has not
20 engaged in unprofessional conduct.
(2) If the panel finds that the veterinary practitioner
has, whether by act or omission, engaged in
unprofessional conduct which is not of a serious
nature, the panel may make one or more of the
25 following determinations--
(a) that the veterinary practitioner undergo
counselling;
(b) that the veterinary practitioner be cautioned;
(c) that the veterinary practitioner be
30 reprimanded.
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39. Change of informal hearing to formal hearing during
course of hearing
If, before the end of the hearing--
(a) the veterinary practitioner who is the subject
5 of the hearing fails to attend the hearing
without good cause; or
(b) the veterinary practitioner requests that a
formal hearing be held; or
(c) the panel is of the opinion that a formal
10 hearing should be held--
the panel must abandon the informal hearing and
refer the matter to a formal hearing.
40. Request for formal hearing upon completion of
informal hearing
15 Upon the completion of an informal hearing, the
veterinary practitioner who was the subject of the
hearing may request that a formal hearing be held
to review any findings and determinations of the
informal hearing.
20 41. Establishment and notification of formal hearing
If--
(a) the Board has determined that a formal
hearing be held under section 22 or 23 or has
referred a matter to a formal hearing under
25 section 30; or
(b) a veterinary practitioner has requested a
formal hearing under section 40; or
(c) a panel has referred a matter to a formal
hearing under section 39--
30 the Board must--
(d) appoint a panel to hold the hearing; and
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(e) fix a time and place for the hearing to be
conducted; and
(f) serve a notice on the veterinary practitioner
by registered post which complies with
5 section 43; and
(g) serve a notice on any complainant by
registered post under section 52(4)(a) and
(b).
42. Constitution of a hearing panel for a formal hearing
10 (1) A panel appointed under section 41 must consist
of not less than 3 persons--
(a) who are to be members of the Board; and
(b) of whom 1 is to be a lawyer and at least 1 is
to be a registered veterinary practitioner.
15 (2) If--
(a) the Board is unable to appoint a panel
because there are not enough members
available to sit on it; or
(b) the Board is of the opinion that a person with
20 special expertise is required for the
hearing--
the Governor in Council may appoint persons who
are not members of the Board to fill the vacant
positions on the panel.
25 (3) The following people are not entitled to be
members of a panel for a formal hearing--
(a) a person who has undertaken a preliminary
investigation of the matter which is the
subject of the hearing;
30 (b) a person who has been a member of a panel
which held an informal hearing into the
matter.
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43. Notice of a formal hearing
A notice of a formal hearing under section 41
must--
(a) state the nature of the hearing and the
5 allegations made against the veterinary
practitioner; and
(b) give the time and place of the hearing; and
(c) state that there is a right to make submissions
and to be represented, that the hearing is
10 open to the public, list the possible findings
the panel can make and state that there is a
right to apply for review of the panel's
findings.
44. Conduct of a formal hearing
15 At a formal hearing--
(a) the hearing panel must hear and determine
the matter before it; and
(b) the veterinary practitioner who is the subject
of the hearing is entitled to be present, to
20 make submissions and to be represented; and
(c) if the hearing arises out of a complaint, the
identity of the complainant is not to be
published or broadcast and the
complainant--
25 (i) in the case of a proceeding which has
not been closed under paragraph (d), is
entitled to be present; and
(ii) if not called as a witness, may make
submissions with the permission of the
30 Board; and
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(d) the proceedings are to be open to the public
unless the panel determines that the
proceedings should be closed because the
hearing is taking evidence of intimate,
5 personal or financial matters and, if the panel
has determined that the proceedings are
closed, the panel may determine that the
identity of any witness giving evidence in
the proceedings is not to be published or
10 broadcast.
45. Findings and determinations of a formal hearing into
conduct
(1) After considering all the submissions made to a
formal hearing into the professional conduct of a
15 registered veterinary practitioner the panel may
find that--
(a) the veterinary practitioner has, whether by
act or omission, engaged in unprofessional
conduct of a serious nature; or
20 (b) the veterinary practitioner has, whether by
act or omission, engaged in unprofessional
conduct which is not of a serious nature; or
(c) the veterinary practitioner has not engaged in
unprofessional conduct.
25 (2) If the panel finds that the veterinary practitioner
has, whether by act or omission, engaged in
unprofessional conduct of a serious nature, the
panel may make one or more of the following
determinations--
30 (a) require the veterinary practitioner to undergo
counselling;
(b) caution the veterinary practitioner;
(c) reprimand the veterinary practitioner;
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(d) require the veterinary practitioner to give
any written undertaking about his or her
conduct as a veterinary practitioner that the
Board considers appropriate;
5 (e) require the veterinary practitioner to
undertake further education or training of the
kind stated in the determination, or to
successfully complete an examination or
assessment conducted by or on behalf of the
10 Board, within the period specified in the
determination;
(f) impose conditions, limitations or restrictions
on the registration of the veterinary
practitioner;
15 (g) impose a fine on the veterinary practitioner
of not more than $2000;
(h) require the veterinary practitioner to pay the
reasonable costs of, and incidental to, the
hearing;
20 (i) alter or cancel any endorsement under
section 8 of the registration of the veterinary
practitioner as a veterinary specialist;
(j) suspend the registration of the veterinary
practitioner for the period specified in the
25 determination;
(k) cancel the registration of the veterinary
practitioner.
(3) If the panel finds under sub-section (1)(b) that the
veterinary practitioner has, whether by act or
30 omission, engaged in unprofessional conduct
which is not of a serious nature, the panel may
make any determination which a panel at an
informal hearing is able to make upon making
such a finding.
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(4) The panel must not impose a fine where the
conduct which is the subject of the finding has
resulted in a fine being imposed by another
tribunal or court of law.
5 (5) If the panel has made a determination under sub-
section (2)(a), (d) or (e) and the veterinary
practitioner has not complied with the
determination within the time specified in the
determination, the Board may suspend the
10 veterinary practitioner's registration until the
determination is complied with.
46. Findings and determinations of a formal hearing into
ability to practise
(1) After considering all the submissions made to a
15 formal hearing into the ability to practise of a
registered veterinary practitioner, the panel may
find that--
(a) the ability of the veterinary practitioner to
practise is affected because--
20 (i) of the physical or mental health of the
veterinary practitioner; or
(ii) the veterinary practitioner has an
incapacity; or
(iii) the veterinary practitioner is an
25 alcoholic or drug-dependent person; or
(b) the ability of the veterinary practitioner is
not affected.
(2) If the panel makes a finding under sub-section
(1)(a), the panel may make one or more of the
30 following determinations--
(a) to impose conditions, limitations or
restrictions on the registration of the
veterinary practitioner;
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(b) to suspend the registration of the veterinary
practitioner for the period and subject to the
conditions, limitations and restrictions, if
any, specified in the determination.
5 Division 4--General Provisions relating to hearings
47. Procedure at formal and informal hearings
At a formal or informal hearing--
(a) subject to this Part, the procedure of a panel
is in its discretion; and
10 (b) the proceedings must be conducted with as
little formality and technicality as the
requirements of this Act and the proper
consideration of the matter permit; and
(c) a panel is not bound by rules of evidence but
15 may inform itself in any way it thinks fit;
and
(d) a panel is bound by the rules of natural
justice.
48. Powers of panel conducting a formal hearing
20 Sections 14, 15, 16 and 21A of the Evidence Act
1958 apply to a panel in the conduct of a formal
hearing as if it were a Board or the Chairman of a
Board appointed by the Governor in Council.
49. Determinations
25 (1) A determination made by a panel on a hearing
comes into operation on its making or at any later
time stated in the determination.
(2) A determination of a panel is to have effect as if it
were a determination of the Board.
30 (3) If a fine is imposed by a panel it may be recovered
by the Board as a debt due to the Board.
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50. Removal of suspension, condition, limitation or
restriction
(1) If the Board has suspended the registration of a
veterinary practitioner until the completion of a
5 hearing and, at the completion of the hearing, the
panel determines that the suspension should be
removed, the Board must remove the suspension.
(2) If a condition, limitation or restriction has been
imposed on the registration of a veterinary
10 practitioner and, at the completion of a hearing,
the panel determines that the condition, limitation
or restriction should be removed, the Board must
remove that condition, limitation or restriction.
51. Reasons for determinations of panel or Board
15 (1) A panel must give reasons for a determination
made under this Part to the veterinary practitioner
who was the subject of the determination within
28 days after the making of the determination.
(2) A person affected by a determination of a panel
20 may apply to the panel for the reasons for that
determination.
(3) An application under sub-section (2) must be
made within 45 days after the making of the
determination and reasons must be given to the
25 applicant within 45 days of receiving the
application.
52. Notifications
(1) If a determination has been made by a panel--
(a) imposing conditions, limitations or
30 restrictions on the registration of a veterinary
practitioner; or
(b) suspending the registration of a veterinary
practitioner; or
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(c) cancelling the registration of a veterinary
practitioner; or
(d) cancelling or altering the endorsement of the
registration of the veterinary practitioner as a
5 specialist veterinary practitioner--
the Board may give notice of the determination--
(e) in the Government Gazette; and
(f) to the veterinary registration authorities in all
other States or Territories of the
10 Commonwealth and in New Zealand; and
(g) if the veterinary practitioner is an employee,
to his or her employer; and
(h) if the Board has received a request for
information about the person in respect of
15 whom the determination has been made from
a veterinary registration authority outside
Australia, that authority.
(2) Notice under sub-section (1) must be given as
soon as practicable after the determination has
20 been made.
(3) No action for defamation lies against the Board or
its members for giving a notice under this section.
(4) If a complaint has been made to the Board, the
Board must notify the complainant--
25 (a) of whether or not a formal or informal
hearing is to be conducted into the matter
and, if so, of the time and place of the
hearing and, in the case of a formal hearing,
of the fact that the complainant's identity is
30 not to be published or broadcast; and
(b) in the case of a formal or informal hearing,
of whether or not the complainant has any
right to make submissions at the hearing; and
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(c) of the findings and determinations of any
hearing arising from that complaint and the
reasons for those findings and
determinations, within 28 days of their
5 having been made.
53. Offence to disclose information identifying
complainant
A person must not publish or broadcast or cause
to be published or broadcast any report of a formal
10 hearing under this Part which contains
information which would enable--
(a) the complainant to be identified; or
(b) if the panel has made a determination
prohibiting the publication or broadcast of
15 the identity of a witness, that witness to be
identified--
unless the complainant or witness has, before
publication or broadcast, consented to this.
Penalty: in the case of a natural person, 60
20 penalty units and, in the case of a body
corporate, 100 penalty units.
54. Terms and conditions of appointment of panel
members
(1) A member of a panel, whether appointed by the
25 Board or the Governor in Council, is appointed on
the terms and conditions determined by the Board
for that member.
(2) A member of a panel, other than a member who is
an officer or employee of the public service within
30 the meaning of the Public Sector Management
Act 1992, is entitled to receive the fees that are
fixed from time to time by the Governor in
Council for members of panels.
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(3) A member of a panel is entitled to receive the
allowances that are fixed from time to time by the
Governor in Council.
(4) In fixing fees under sub-section (2), the Governor
5 in Council may fix different fees for different
classes of cases.
(5) The Governor in Council may fix fees and
allowances by reference to the regulations or
guidelines made under the Public Sector
10 Management Act 1992.
_______________
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PART 4--REVIEW BY ADMINISTRATIVE APPEALS
TRIBUNAL
55. Review by AAT
(1) Without limiting section 27 of the Administrative
5 Appeals Tribunal Act 1984 a person may apply
to the Administrative Appeals Tribunal for review
of--
(a) a decision to refuse a person's application for
registration or endorsement of registration or
10 renewal of the registration or endorsement;
or
(b) a decision to impose conditions, limitations
or restrictions on a person's registration; or
(c) a decision of the Board to suspend the
15 registration of a person, if the Board has not
instituted an investigation into the
professional conduct or ability to practise of
that person within a reasonable time of
having suspended that registration; or
20 (d) a finding or determination made at a formal
hearing under Part 3.
(2) The application must be made within 28 days after
the date on which the Board gives notice of the
decision or determination to the person concerned.
25 (3) If a provision of this section is inconsistent with a
provision of the Administrative Appeals
Tribunal Act 1984, the provision of this section
prevails.
56. Notification
30 If a decision or determination has been reviewed
by the Administrative Appeals Tribunal, the
Board must notify any person who was notified of
the
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original decision or determination of any change
to that decision or determination by the
Administrative Appeals Tribunal.
_______________
5
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PART 5--OFFENCES
57. Claims by persons as to registration
(1) A person who is not a registered veterinary
practitioner must not--
5 (a) take or use the title of registered veterinary
practitioner or any other title calculated to
induce a belief that the person is registered
under this Act; or
(b) claim to be registered under this Act or hold
10 himself or herself out as being registered
under this Act; or
(c) claim to be qualified to practise as a
veterinary practitioner.
Penalty: 100 penalty units.
15 (2) A registered veterinary practitioner whose
registration is specific must not--
(a) take or use any title calculated to induce a
belief that the veterinary practitioner's
registration is not specific; or
20 (b) claim to have, or hold himself or herself out
as having, general registration.
Penalty: 60 penalty units.
(3) A registered veterinary practitioner whose
registration is subject to a condition, limitation or
25 restriction must not--
(a) take or use any title calculated to induce a
belief that the veterinary practitioner's
registration is not subject to a condition,
limitation or restriction; or
30 (b) claim to have or hold himself or herself out
as having a registration which is not subject
to any condition, limitation or restriction.
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Penalty: 60 penalty units.
(4) A person must not--
(a) take or use the title of registered veterinary
specialist or any other title calculated to
5 induce a belief that the person is registered
under this Act with an endorsement that the
person is a veterinary specialist; or
(b) claim to be registered under this Act with an
endorsement that the person is a veterinary
10 specialist or hold himself or herself out as
being registered under this Act with an
endorsement that the person is a veterinary
specialist; or
(c) claim to be qualified to practise as a
15 veterinary specialist--
unless the person is a registered veterinary
practitioner whose registration is endorsed that the
person is a veterinary specialist.
Penalty: 60 penalty units.
20 (5) A person must not--
(a) take or use the title of registered veterinary
specialist with respect to a particular branch
of veterinary surgery or veterinary medicine
or any other title calculated to induce a belief
25 that the person is registered under this Act
with an endorsement that the person is a
veterinary specialist with respect to that
branch; or
(b) claim to be registered under this Act with an
30 endorsement that the person is a veterinary
specialist with respect to a particular branch
of veterinary surgery or veterinary medicine
or hold himself or herself out as being
registered under this Act with an
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Act No.
endorsement that the person is a veterinary
specialist with respect to that branch; or
(c) claim to be qualified to practise as a
veterinary specialist with respect to a
5 particular branch of veterinary surgery or
veterinary medicine--
unless the person is a registered veterinary
practitioner whose registration is endorsed that the
person is a veterinary specialist with respect to
10 that branch.
Penalty: 60 penalty units.
(6) A person must not hold out another person as
being registered under this Act, if the person
knows or ought reasonably to know that the other
15 person is not so registered.
Penalty: 100 penalty units.
58. Fraud, forgery etc.
A person must not--
(a) fraudulently or by false representation or
20 declaration (either orally or in writing)
obtain registration under this Act; or
(b) fraudulently or by false representation (either
orally or in writing) procure any person to be
registered under this Act; or
25 (c) forge, counterfeit or alter any certificate of
registration under this Act or any degree,
diploma or other evidence of qualifications
for registration under this Act; or
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(d) aid in the commission of an offence under
paragraph (a), (b) or (c).
Penalty: 100 penalty units.
59. Exemptions
5 Nothing in section 57 applies to a person
practising veterinary surgery or medicine under
the supervision of a registered veterinary
practitioner in or at a veterinary practice
conducted by or at the premises of--
10 (a) the School of Veterinary Science of The
University of Melbourne;
(b) any university, school or other institution or
organisation conducting instruction or
research in veterinary science, surgery or
15 medicine.
_______________
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Act No.
PART 6--ADMINISTRATION
60. Establishment of Board
(1) There is established a Board to be called the
Veterinary Practitioners Registration Board of
5 Victoria.
(2) The Board--
(a) is a body corporate with perpetual
succession; and
(b) has a common seal; and
10 (c) may sue and be sued in its corporate name;
and
(d) may acquire, hold and dispose of real and
personal property; and
(e) may do and suffer all acts and things that a
15 body corporate may, by law, do and suffer.
(3) The common seal must be kept as directed by the
Board and must not be used except as authorised
by the Board.
(4) All courts must take judicial notice of the seal of
20 the Board on a document and, until the contrary is
proved, must presume that the document was
properly sealed.
61. Powers, functions and consultation requirements
(1) The Board has the following functions--
25 (a) to register persons who comply with the
requirements of this Act as to registration so
that they may hold themselves out as
veterinary practitioners and veterinary
specialists in Victoria;
30 (b) to recognise qualifications and accredit
courses of training which provide
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qualifications for registration as veterinary
practitioners and specialists;
(c) to conduct or arrange for the conduct of
examinations to establish competency in
5 veterinary practice;
(d) to investigate the professional conduct or
fitness to practise of registered veterinary
practitioners and impose sanctions where
necessary;
10 (e) to issue guidelines about appropriate
standards of veterinary practice and
veterinary facilities;
(f) to advise the Minister on any matters relating
to its functions;
15 (g) when so requested by the Minister, give to
the Minister any information reasonably
required by the Minister;
(h) any other functions conferred on the Board
by this Act.
20 (2) The Board has all the powers necessary to enable
it to perform its functions.
(3) The Board must consult with the Minister and
have regard to the Minister's advice in carrying
out its functions and exercising its powers.
25 62. Membership of the Board
(1) The Board consists of 9 members nominated by
the Minister and appointed by the Governor in
Council.
(2) Of the persons appointed to the Board--
30 (a) 4 must be registered veterinary practitioners;
and
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(b) one must be a registered veterinary
practitioner employed by the Crown and
nominated by the Minister; and
(c) one must be a registered veterinary
5 practitioner employed by The University of
Melbourne nominated by the Minister; and
(d) one must be a lawyer; and
(e) 2 must be persons who are not veterinary
practitioners.
10 (3) The Minister must have regard to a person's
expertise or experience in one or more of the
following in nominating persons for membership
of the Board under paragraph (e)--
(a) finance and business management;
15 (b) legal practice;
(c) the use of veterinary services.
63. Terms of office
(1) A member of the Board holds office for not more
than 3 years from the date of his or her
20 appointment.
(2) A member of the Board is eligible for
reappointment.
(3) The Public Sector Management Act 1992
(except Part 9 or in accordance with Part 8) does
25 not apply to a member in respect of the office of
member.
64. Resignation and removal
(1) A member of the Board ceases to be a member if
he or she is absent, without leave first being
30 granted by the Board, from 3 consecutive
meetings of which reasonable notice has been
given to that member, either personally or by post.
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(2) A member of the Board may resign the office of
member by writing signed by the member and
addressed to the Governor in Council.
(3) The Governor in Council may at any time remove
5 a member of the Board from office.
(4) If a member of the Board dies, resigns or is
removed from office, the Governor in Council
may, in accordance with this Act, on the
recommendation of the Minister, fill the vacant
10 office.
(5) A member appointed under sub-section (4) holds
office for the rest of the term of appointment of
the member whose place he or she fills.
65. President and Deputy President
15 (1) The Governor in Council may appoint members of
the Board who are registered veterinary
practitioners to be President and Deputy President
of the Board.
(2) A person appointed to an office under sub-section
20 (1) holds office for the term specified in his or her
instrument of appointment and is eligible for
reappointment.
(3) A person appointed to an office under sub-section
(1) may resign that office by writing signed by the
25 person and addressed to the Governor in Council.
(4) The Governor in Council may at any time remove
a person appointed under sub-section (1) from
office.
(5) A person appointed to an office under sub-section
30 (1) ceases to hold that office on ceasing to be a
member of the Board.
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66. Acting member
(1) If a member of the Board is unable to perform the
duties or functions of the office, the Governor in
Council may appoint a person qualified to be
5 appointed as that member to act as the member
during the period of inability.
(2) The Governor in Council--
(a) subject to this Act, may determine the terms
and conditions of appointment of an acting
10 member; and
(b) may at any time terminate the appointment.
(3) While the appointment of an acting member
remains in force, the acting member has and may
exercise all the powers and perform all the duties
15 and functions of the member.
67. Payment of members
(1) A member or acting member of the Board, other
than a member who is an officer or employee of
the public service within the meaning of the
20 Public Sector Management Act 1992, is entitled
to receive the fees that are fixed from time to time
by the Governor in Council for that member.
(2) Each member or acting member of the Board is
entitled to receive the allowances that are fixed
25 from time to time by the Governor in Council.
(3) The Governor in Council may fix these fees or
allowances by reference to regulations or
guidelines made under the Public Sector
Management Act 1992.
30 68. Procedure of Board
(1) The President or, in the absence of the President,
the Deputy President must preside at a meeting of
the Board at which he or she is present.
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(2) If neither the President nor Deputy President are
present at a meeting the members present may
elect a member to preside at the meeting.
(3) The person presiding at a meeting has a
5 deliberative vote and a second or casting vote.
(4) A quorum of the Board consists of 3 members or
acting members of the Board.
(5) The Board must ensure that minutes of all
proceedings at each meeting is recorded.
10 (6) Subject to this Act, the Board may regulate its
own proceedings.
69. Member's interests
(1) A member who has a pecuniary or other interest in
any matter in which the Board is concerned
15 must--
(a) if the member is present at a meeting of the
Board at which the matter is to be
considered, disclose the nature of the interest
immediately before the consideration of that
20 matter; or
(b) if the member is aware that the matter is to
be considered at a meeting of the Board at
which the member does not intend to be
present, disclose the nature of the interest to
25 the President or Deputy President of the
Board before the meeting is held.
(2) The member--
(a) may take part in the discussion in the
meeting; and
30 (b) must leave the meeting while any vote is
taken on a question relating to the matter.
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70. Resolutions without meetings
(1) If--
(a) the Board has taken reasonable steps to give
notice to each member setting out the terms
5 of a proposed resolution; and
(b) a majority of the members for the time being
sign a document containing a statement that
they are in favour of the resolution in the
terms set out in the document--
10 a resolution in those terms is deemed to have been
passed at a meeting of the Board held on the day
on which the document is signed or, if the
members referred to in paragraph (b) do not sign it
on the same day, on the day on which the last of
15 those members signs the document.
(2) If a resolution is, under sub-section (1), deemed to
have been passed at a meeting of the Board, each
member must as soon as practicable be advised of
the matter and given a copy of the resolution.
20 (3) For the purposes of sub-section (1), 2 or more
separate documents containing a statement in
identical terms, each of which is signed by one or
more members, are deemed to constitute one
document.
25 (4) The majority of members referred to in sub-
section (1)(b) must not include a member who,
because of section 69, is not entitled to vote on the
resolution.
(5) This section does not apply to any resolution of
30 the Board relating to a matter being considered
under Part 3.
71. Approved methods of communication for Board
(1) If not less than two thirds of the members of the
Board for the time being holding office so agree, a
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meeting of the Board may be held by means of a
method of communication, or by means of a
combination of methods of communication,
approved by the President of the Board for the
5 purposes of that meeting.
(2) For the purposes of this Part, a member of the
Board who participates in a meeting held as
permitted by sub-section (1) is present at the
meeting even if he or she is not physically present
10 at the same place as another member participating
in the meeting.
(3) This section--
(a) applies to a meeting or a part of a meeting;
and
15 (b) does not apply to a meeting conducted for
the purposes of Part 3.
72. Effect of vacancy or defect
(1) An act or decision of the Board is not invalid only
because--
20 (a) of a vacancy in its membership; or
(b) of a defect or irregularity in the appointment
of any of its members; or
(2) in the case of an acting member, the occasion for
that member so acting had not arisen or had
25 ceased.
73. Immunity
(1) A member of the Board is not personally liable for
anything done or omitted to be done in good
faith--
30 (a) in the exercise of a power or the discharge of
a duty under this Act or the regulations; or
(b) in the reasonable belief that the act or
omission was in the exercise of a power or
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the discharge of a duty under this Act or the
regulations.
(2) Any liability resulting from an act or omission
that would but for sub-section (1) attach to a
5 member of the Board attaches instead to the
Board.
74. Staff
The Board must employ a person to be
responsible for maintaining the register and may
10 employ any other persons that are necessary for
the purposes of administering this Act.
75. Delegation
The Board may, in writing, delegate to--
(a) a member of the Board; or
15 (b) the person responsible for maintaining the
register or any other member of the staff of
the Board--
its powers and functions under this Act, other
than--
20 (c) the power to refuse to grant or refuse to
renew registration; or
(d) the power to impose or to amend, vary or
revoke conditions, limitations or restrictions
on registration; or
25 (e) the power to conduct any hearing or to make
any determination under Part 2 or Part 3; or
(f) this power to delegate.
76. Secrecy
(1) A person who is or has been a member of the
30 Board, or a member of the staff of the Board must
not, directly or indirectly, make a record of,
disclose or communicate to any person
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information about the affairs of any person
acquired in that capacity unless--
(a) it is necessary to do so for the purposes of, or
in connection with, the performance of a
5 function or the exercise of a power or duty
under this or any other Act; or
(b) the person to whom the information relates
gives written consent to the making of the
record, disclosure or communication.
10 Penalty: 60 penalty units.
(2) Sub-section (1) does not prevent a person from
producing a document or giving evidence to a
court or tribunal in the course of criminal
proceedings or proceedings under this or any
15 other Act.
_______________
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PART 7--REPORTING AND FINANCIAL PROVISIONS
77. Veterinary Practitioners Registration Board Fund
(1) The Board must establish and keep a Veterinary
Practitioners Registration Board Fund.
5 (2) All fees, fines and penalties paid or recovered by
the Board under this Act must be paid into the
Fund.
(3) The Board must pay any other money received by
it into the Fund, including income from the
10 investments of the Fund.
(4) Out of the Fund, the Board must pay--
(a) the expenses incurred by it in carrying out its
functions, powers and duties; and
(b) any other expenses incurred in the
15 administration of this Act; and
(c) any payments to be made to members of the
Board under this Act and any payments to be
made to other persons under this Act; and
(d) any other payments recommended by the
20 Board and approved by the Minister.
78. Investment powers
The Board may invest money credited to the Fund
that it does not immediately require--
(a) in any manner in which money may be
25 invested under the Trustee Act 1958; or
(b) in any other manner that the Minister
approves.
_______________
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PART 8--ENFORCEMENT AND SUPPLEMENTARY
POWERS
79. Proceedings for offences
(1) The person responsible for maintaining the
5 register or any other officer authorised by the
Board may take proceedings under this Act in the
name of the Board.
(2) Any prosecution instituted in the name of the
Board must, in the absence of evidence to the
10 contrary, be taken to have been instituted by the
Board.
80. Identification
(1) The Board must issue an identification card to
each person appointed by the Board to apply for
15 and execute search warrants for the purposes of
this Act.
(2) A person appointed by the Board must, in the
course of performing his or her functions under
this Act, produce his or her identification card to
20 any person who requests its production.
81. Powers of entry with warrant
(1) A person appointed for that purpose by the Board
may apply to a magistrate for the issue of a search
warrant in relation to particular premises if that
25 person believes, on reasonable grounds--
(a) that there is or has been a contravention of
this Act or the regulations on the premises;
or
(b) that entry into or onto the premises is
30 necessary for the purpose of investigating a
complaint made under this Act which, if
substantiated, may provide grounds for the
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suspension or cancellation of registration of
a registered veterinary practitioner.
(2) If a magistrate is satisfied by evidence on oath,
whether oral or by affidavit, that there are
5 reasonable grounds for suspecting that there is on
the premises a particular thing that may be
evidence of the commission of an offence against
this Act or the regulations or of grounds for the
suspension or cancellation of the registration of a
10 veterinary practitioner, the magistrate may issue a
search warrant authorising any person named in
the warrant--
(a) to enter the premises, or the part of the
premises, named or described in the warrant;
15 and
(b) to search for and seize a thing named or
described in the warrant; and
(c) to bring the thing before the Court so that the
matter may be dealt with according to law.
20 (3) In addition to any other requirement, a search
warrant issued for the purposes of this section
must state--
(a) the offence or grounds of suspension or
cancellation suspected; and
25 (b) the premises to be searched; and
(c) a description of the thing to be searched for;
and
(d) any conditions to which the warrant is
subject; and
30 (e) whether entry is authorised to be made at any
time or during stated hours; and
(f) a day, not later than 7 days after the issue of
the warrant, on which the warrant ceases to
have effect.
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(4) A search warrant must be issued in accordance
with the Magistrates' Court Act 1989 and in a
form prescribed under that Act.
(5) The rules to be observed with respect to search
5 warrants mentioned in the Magistrates' Court
Act 1989 extend and apply to warrants under this
section.
82. Announcement before entry
(1) Immediately before executing a search warrant, a
10 person named in the warrant must announce that
he or she is authorised by the warrant to enter the
premises.
(2) The person need not comply with sub-section (1)
if he or she believes on reasonable grounds that
15 immediate entry to the premises is required to
ensure the safety of any person or that the
effective execution of the search warrant is not
frustrated.
83. Copy of warrant to be given to occupier
20 If the occupier or another person who apparently
represents the occupier is present at the premises
when a search warrant is being executed, the
person or persons named in the warrant must--
(a) identify themselves to that person by
25 producing their identification card for
inspection by that person; and
(b) give to that person a copy of the execution
copy of the warrant.
84. Copies or receipts to be given
30 (1) If a person seizes--
(a) a document, disk or tape or other thing that
can be readily copied; or
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(b) a storage device the information in which
can be readily copied--
under a warrant the person, on request by the
occupier, must give a copy of the thing or
5 information to the occupier as soon as practicable
after the seizure.
(2) If a person seizes a thing under a warrant and has
not provided a copy of the thing under sub-section
(1) the person must provide a receipt for that thing
10 as soon as practicable after the seizure.
85. Powers of Board in relation to fees
(1) In the case of any fee which the Board is
empowered to fix under this Act--
(a) the Board must fix the fee for a period of 12
15 months and may amend or vary the fee at the
end of that period; and
(b) the Board may fix a different fee for a
different case and may allow for the
reduction, waiver or refund, in whole or in
20 part, of any fee; and
(c) the Board must publish any fee it has fixed
in a newspaper circulating generally
throughout Victoria and in the Government
Gazette.
25 (2) In fixing fees under this Act the Board is entitled
to ensure that the amount of money collected in
fees under this Act is sufficient to cover the cost
to the Board of administering this Act.
_______________
30
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PART 9--GENERAL
86. Supreme Court--limitation of jurisdiction
It is the intention of section 52(3) to alter or vary
section 85 of the Constitution Act 1975.
5 87. Regulations
(1) The Governor in Council may make regulations
for or with respect to--
(a) registration, renewal of registration,
endorsement of registration and applications
10 for registration, renewal of registration and
endorsement of registration;
(b) the register, including particulars to be noted
on the register and the manner of keeping the
register;
15 (c) forms for the purposes of this Act;
(d) time limits for the purposes of this Act;
(e) penalties, not exceeding 10 penalty units, for
breaches of the regulations;
(f) generally any matter or thing required or
20 permitted to be prescribed or necessary to be
prescribed to give effect to this Act.
(2) The regulations--
(a) may be of general or limited application; and
(b) may differ according to differences in time,
25 place or circumstance; and
(c) may apply, adopt or incorporate any matter
contained in any document, code, standard,
rule, specification, or method, formulated,
issued, prescribed or published by any
30 person whether--
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(i) wholly or partially or as amended by
the regulations; or
(ii) as formulated, issued, prescribed or
published at the time the regulations are
5 made or at any time before then; or
(iii) as formulated, issued, prescribed or
published from time to time; and
(d) may leave anything for the approval or
satisfaction of a specified person.
10 _______________
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PART 10--SAVINGS, TRANSITIONAL AND AMENDMENTS
Division 1--Savings and Transitional
88. Definitions
In this Part--
5 "new Board" means the Veterinary Practitioners
Registration Board of Victoria established
under this Act;
"old Act" means the Veterinary Surgeons Act
1958 as in force immediately before its
10 repeal;
"old Board" means the Veterinary Board of
Victoria established under the old Act.
89. Repeal
No. 6329. The Veterinary Surgeons Act 1958 is repealed.
Reprinted to
No. 31/1994.
15 90. Board succeeds old Board
(1) On the commencement of this section--
(a) the old Board is abolished and its members
go out of office; and
(b) any rights, assets, liabilities and obligations
20 of the old Board, immediately before its
abolition, become rights, assets, liabilities
and obligations of the new Board; and
(c) the new Board is substituted for the old
Board as a party in any proceeding, contract,
25 agreement or arrangement commenced or
made by, against or in relation to the old
Board; and
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(d) the new Board may continue and complete
any other continuing matter or thing
commenced by, against or in relation to the
old Board.
5 (2) On and from the commencement of this section,
the assets that become assets of the new Board
under sub-section (1)--
(a) if they are moneys or amounts standing to
the credit of any fund or account of the old
10 Board, must be taken to form part of the
Veterinary Practitioners Registration Board
Fund; and
(b) if they are assets in which the funds of the
old Board have been invested, must be taken
15 to be investments of the Veterinary
Practitioners Registration Board Fund.
(3) A reference in any Act (other than this Act) or in
any subordinate instrument within the meaning of
the Interpretation of Legislation Act 1984 to the
20 old Board must, on and after the commencement
of this section, be construed as a reference to the
new Board established under this Act unless the
context otherwise requires.
91. Proceedings before the old Board
25 (1) If an investigation or inquiry into the activities or
physical or mental health of a registered
veterinary surgeon under the old Act has
commenced but not been completed before the
commencement of Part 3 of this Act--
30 (a) that investigation or inquiry may be
completed on and after that date; and
(b) any appeal or other further proceedings
which might have been taken in relation to
that investigation or inquiry under the old
35 Act might be taken on and after that date--
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by the old Board as if this Act had not been
enacted.
(2) The new Board must give effect to a decision
made on an inquiry, investigation or appeal
5 completed by the old Board as if it were a
decision under this Act.
92. Application of this Act to conduct occurring before
commencement of this Act
(1) In the case of activities of a person who is deemed
10 by section 93 to be a registered veterinary
practitioner under this Act which occurred before
the commencement of Part 3 and in respect of
which no proceedings have been commenced
under the old Act, this Act applies to the extent
15 that there was power to conduct an inquiry under
the old Act into those activities.
(2) Any determination or outcome of a hearing into
those activities must be one which would have
been available as a finding or decision in an
20 inquiry by the Board under the old Act.
(3) This section does not apply to activities which are
the subject of proceedings to which section 91
applies.
93. Existing registrations
25 (1) A person who was registered as a veterinary
surgeon under the old Act immediately before the
commencement of Part 2 of this Act is deemed to
have general registration under this Act.
(2) A person who was, immediately before the
30 commencement of this section, registered as a
specialist veterinary surgeon under section 24F of
the old Act with respect to a special branch of
veterinary sciences is deemed to have general
registration under this Act with an endorsement of
35 that practitioner's registration under section 8 of
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this Act to practise as a specialist practitioner in
that branch.
(3) If a person is deemed to be registered under this
section, and the registration of that person under
5 the old Act, immediately before the
commencement of this Act, was suspended, the
registration of that person under this Act is
deemed to be suspended for the remainder of the
period for which that person's registration would
10 have been suspended under the old Act.
(4) If a person is deemed to be registered under this
section, and the registration of that person under
the old Act, immediately before the
commencement of this Act, was subject to
15 conditions, limitations or restrictions, the
registration of that person under this Act is
deemed to be subject to the same conditions,
limitations or restrictions as those to which the
registration under the old Act was subject.
20 (5) The registration of a person who is deemed to be
registered under this section expires (unless
sooner cancelled) at the end of the period for
which the person was registered under the old
Act.
25 (6) A reference in any Act (other than this Act) or a
subordinate instrument within the meaning of the
Interpretation of Legislation Act 1984 to a
veterinary surgeon registered under the old Act
who is deemed by sub-section (1) to be registered
30 under this Act must, on and after the
commencement of this section, be construed as a
reference to a veterinary practitioner registered
under this Act unless the context otherwise
requires.
35
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94. Preparation of annual report
The new Board shall prepare the annual reports
that the old Board would have been required to
prepare under the Financial Management Act
5 1994 in respect of any part of the financial year
during which the old Board operated.
Division 2--Consequential Amendments
95. Consequential amendments
An Act specified in the heading to an item in the
10 Schedule is amended as set out in that item.
_______________
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SCHEDULE
CONSEQUENTIAL AMENDMENTS
1. Agricultural and Veterinary Chemicals (Control of Use) Act
1992
5 1.1 In section 4, in paragraph (a)(i) and (ii) of the definition of
"veterinary chemical product" for "veterinary surgeon"
substitute "veterinary practitioner";
1.2 In section 6(1)(c), for "veterinary surgeon" substitute
"veterinary practitioner".
10 2. Domestic (Feral and Nuisance) Animals Act 1994
In section 12(1), for paragraph (a) substitute--
"(a) registered as a veterinary practitioner under the
Veterinary Practice Act 1997; or".
3. Drugs, Poisons and Controlled Substances Act 1981
15 3.1 In section 4(1), for the definition of "veterinary surgeon"
substitute--
' "veterinary practitioner" means a veterinary practitioner
registered under the Veterinary Practice Act 1997;';
3.2 In section 13(1)(a) and (2), for "veterinary surgeon"
20 (wherever occurring) substitute "veterinary practitioner";
3.3 In section 36B(1)(b), for "veterinary surgeon" substitute
"veterinary practitioner";
3.4 In section 129(1)(a)(aa), for "veterinary surgeons"
substitute "veterinary practitioners".
25 3.5 In sections 129(2) and 132(q), for "veterinary surgeon"
substitute "veterinary practitioner".
4. Evidence Act 1958
In section 107A(1)(r) for "veterinary surgeon" substitute
"veterinary practitioner".
30 5. Health Act 1958
In section 242A(1), for "a legally qualified veterinary
surgeon" substitute "a veterinary practitioner registered
under the Veterinary Practice Act 1997".
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6. Livestock Disease Control Act 1994
6.1 In section 7(1)(c), for "veterinary surgeon" substitute
"veterinary practitioner";
6.2 In section 18(1), for "Veterinary Surgeons Act 1958"
5 substitute "Veterinary Practice Act 1997";
6.3 In section 47, for "veterinary surgeon" substitute
"veterinary practitioner registered under the Veterinary
Practice Act 1997";
6.4 In section 63, for "veterinary surgeon" substitute
10 "veterinary practitioner".
7. Prevention of Cruelty to Animals Act 1986
7.1 In section 3(1), for the definition of "veterinary surgeon"
substitute--
' "veterinary practitioner" means a veterinary practitioner
15 registered under the Veterinary Practice Act 1997;';
7.2 In section 6(1)(e), for "veterinary surgeon" substitute
"veterinary practitioner";
7.3 In section 21(1)(ba)(ii), (bb) and (2A) for "veterinary
surgeon" (wherever occurring) substitute "veterinary
20 practitioner";
7.4 In section 22(1), for "veterinary surgeon" substitute
"veterinary practitioner";
7.5 In section 23(a) and (d), for "veterinary surgeon" substitute
"veterinary practitioner";
25 7.6 In section 23(a) and (d), for "surgeon's" substitute
"practitioner's";
7.7 In section 25, for paragraph (g) of the definition of
"scientific procedure" substitute--
"(g) the conduct of the practice of veterinary surgery or
30 veterinary medicine in accordance with the
Veterinary Practice Act 1997;".
8. Stock (Seller Liability and Declarations) Act 1993
In section 3, for the definition of "veterinarian" substitute--
' "veterinarian" means a veterinary practitioner registered
35 under the Veterinary Practice Act 1997;'.
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Sch.
Act No.
9. Therapeutic Goods (Victoria) Act 1994
In section 16(2), for "veterinary surgeon" (wherever
occurring) substitute "veterinary practitioner".
5
69
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Notes
Act No.
NOTES
By Authority. Government Printer for the State of Victoria.
70
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Veterinary Practice Act 1997
Act No.
71
531152B.I1-20/5/97
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