Victorian Current Acts Victorian Current ActsS. 45(1) amended by No. 103/2003 s. 63(1)(a)(b).
(1) After considering all the submissions made to a formal hearing under section 44 into the professional conduct of a person the panel may find that—
S. 45(1)(a) amended by No. 103/2003 s. 63(1)(c).
(a) the person has, whether by act or omission, engaged in unprofessional conduct of a serious nature; or
S. 45(1)(b) amended by No. 103/2003 s. 63(1)(c).
(b) the person has, whether by act or omission, engaged in unprofessional conduct which is not of a serious nature; or
S. 45(1)(c) amended by No. 103/2003 s. 63(1)(c).
(c) the person has not engaged in unprofessional conduct.
S. 45(2) amended by No. 103/2003 s. 63(2).
(2) If, in the case of a registered veterinary practitioner, 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—
(a) require the veterinary practitioner to undergo counselling;
(b) caution the veterinary practitioner;
(c) reprimand the veterinary practitioner;
(d) require the veterinary practitioner to give any written undertaking about his or her conduct as a veterinary practitioner that the Board considers appropriate;
(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 Board, within the period specified in the determination;
(f) impose conditions, limitations or restrictions on the registration of the veterinary practitioner;
S. 45(2)(g) substituted by No. 48/2016 s. 17(1), amended by No. 40/2019 s. 89.
(g) that the veterinary practitioner be fined an amount specified by the panel, which must not be more than $10 000;
S. 45(2)(h) substituted by No. 48/2016 s. 17(1).
(h) that the veterinary practitioner pay the reasonable costs of, and incidental to, the hearing, which are determined by the panel;
(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 determination;
(k) cancel the registration of the veterinary practitioner.
S. 45(2A) inserted by No. 103/2003 s. 63(3).
(2A) If, in the case of a person who has ceased to be a registered veterinary practitioner, the panel finds that the person, whether by act or omission engaged in unprofessional conduct of a serious nature, the panel may make one or more of the following determinations—
S. 45(2A)(a) substituted by No. 48/2016 s. 17(2).
(a) that the person is not entitled to re-apply for registration unless the person does any one or more of the following—
(i) undergoes counselling;
(ii) undertakes further education of the kind stated in the determination and completes it within the period specified in the determination;
(iii) gives any written undertaking about the person's conduct as a veterinary practitioner that the Board considers appropriate;
(b) that the person be cautioned;
(c) that the person be reprimanded;
S. 45(2A)(ca) inserted by No. 48/2016 s. 17(3).
(ca) that the person be fined an amount specified by the panel, which must not be more than $2000;
S. 45(2A)(cb) inserted by No. 48/2016 s. 17(3).
(cb) that the person pay the reasonable costs of, and incidental to, the hearing, which are determined by the panel;
(d) that the person is not entitled to re-apply for registration for the period specified by the panel in the determination;
S. 45(2A)(da) inserted by No. 48/2016 s. 17(4).
(da) that if the person re‑applies for registration, the condition, limitation or restriction specified in the determination be imposed on the registration of the person;
(e) that the person is not entitled to apply for endorsement of registration as a specialist practitioner for the period specified by the panel in the determination.
(3) If the panel finds under subsection (1)(b) 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 any determination which a panel at an informal hearing is able to make upon making such a finding.
(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) If the panel has made a determination under subsection (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 veterinary practitioner's registration until the determination is complied with.