Victorian Current Acts

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VETERINARY PRACTICE ACT 1997 - SECT 42

Constitution of a hearing panel for a formal hearing

    (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.

S. 42(2) substituted by Nos 103/2003 s. 61(1), 22/2022 s. 181.

    (2)     The President or (if the President is unable to act) the Deputy President of the Board may appoint an approved person to be a member of a panel in any or all of the following circumstances—

        (a)     the Board is unable to appoint a panel because there are not enough members available to sit on it;

        (b)     the Board is of the opinion that a person with special expertise is required for the hearing;

        (c)     the Board considers that in the circumstances it is desirable that a lawyer should sit on the panel.

S. 42(2A) inserted by No. 103/2003 s. 61(1).

    (2A)     Despite subsection (2), at least one member of a panel must be a member of the Board.

    (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;

        (b)     a person who has been a member of a panel which held an informal hearing into the matter.

S. 42(4) inserted by No. 103/2003 s. 61(2), repealed by No. 22/2022 s. 182.

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