Part 4 Disciplinary provisions
22 Misconduct in a professional respect
Without limiting the meaning of the expression “misconduct in a professional respect”, a registered veterinary surgeon shall be deemed to be guilty of misconduct in a professional respect if the veterinary surgeon:(a) permits or requires an unregistered person employed by the veterinary surgeon to practise veterinary science except where that person acts in accordance with this or any other Act,(b) allows the use of the veterinary surgeon’s name in connection with a purported practice of veterinary science at premises at which the veterinary surgeon or a partner does not actually carry on the practice of veterinary science, or(c) breaches any provision, prescribed for the purposes of this paragraph, of the veterinary surgeons’ code of professional conduct established under section 23.
22A Serious misconduct in a professional respect
(1) Without limiting the meaning of the expression serious misconduct in a professional respect, a registered veterinary surgeon is taken to be guilty of serious misconduct in a professional respect if the veterinary surgeon:(a) provides information relating to the veterinary surgeon’s qualifications for registration knowing the information to be false or misleading in a material particular, or(b) contravenes Order 1998/1 made under section 46 of the Stock Medicines Act 1989 and published in Gazette No 108 on 17 July 1998 at pages 5496–5498 (or any Order amending or replacing that Order), or(c) engages in conduct in the veterinary surgeon’s professional capacity that, if repeated or continued, is likely to do any of the following:(i) cause unnecessary suffering to an animal,(ii) cause the inappropriate death of an animal,(iii) adversely affect the safety or health of any person,(iv) damage the international reputation of Australia in relation to animal exports, animal welfare, animal produce or sporting events, or(d) breaches any provision, prescribed for the purposes of this paragraph, of the veterinary surgeons’ code of professional conduct established under section 23.Note. Examples of the type of conduct referred to in paragraph (c) (iv) are the prescription or dispensing of inappropriate drugs (such as those that leave a residue in meat intended for consumption) and the prescription or dispensing of drugs in circumstances that allow the drugs to be used by human contestants in sporting events.(2) Without limiting subsection (1), a registered veterinary surgeon is taken to be guilty of serious misconduct in a professional respect if it is demonstrated that, in his or her application for registration, the veterinary surgeon provided information relating to his or her qualifications for registration knowing the information to be false or misleading in a material particular.
23 Veterinary surgeons’ code of professional conduct
(1) The regulations may establish a veterinary surgeons’ code of professional conduct setting out the rules of conduct which should be observed by a registered veterinary surgeon in carrying on the practice of veterinary science.(2) The Board may make recommendations to the Minister with respect to the code.
Division 2 Constitution of Investigating Committee
24 Constitution of Veterinary Surgeons Investigating Committee
(1) There is constituted by this Act a Veterinary Surgeons Investigating Committee.(2) The Investigating Committee shall consist of 5 members who shall be appointed by the Minister.(3) Of the members of the Investigating Committee:(a) 1 shall be a barrister or solicitor and shall be chairperson of the Investigating Committee, and(b) 1 shall be a registered veterinary surgeon but not a member of the Board, and(c) 1 shall be a registered veterinary surgeon, not being a member of the Board, appointed from a panel of not less than 3 registered veterinary surgeons nominated by the New South Wales Division of the Australian Veterinary Association, and(d) 1 shall be a member of the Board, and(e) 1 shall be a person who is not a veterinary surgeon and who is appointed to represent the interests of users of veterinary services.(4) Schedule 2 has effect with respect to the members and procedure of the Investigating Committee.
Division 2A Serious misconduct in a professional respect
25A Investigating Committee may make complaint
If:(a) the Investigating Committee is of the opinion that any alleged action, omission or pattern of conduct of a registered veterinary surgeon is such as to give rise to a complaint of serious misconduct in a professional respect against the veterinary surgeon, and(b) the Investigating Committee has not received a complaint under section 26 about the alleged action, omission or pattern of conduct,the Investigating Committee may make the relevant complaint itself, and any such complaint is taken to be a complaint made to the Investigating Committee in accordance with section 26.
25B Investigating Committee may direct suspension of registration or imposition of conditions
(1) On receiving a complaint that a registered veterinary surgeon is guilty of serious misconduct in a professional respect, and at any stage of its investigation of the complaint, the Investigating Committee may, by notice in writing, direct the Board, pending the final disposal of the complaint:(a) to suspend the registered veterinary surgeon from practice for such period (not exceeding 30 days) as is specified in the direction, or(b) to impose such conditions (including limitations on the right to practise) on the registration of the veterinary surgeon with respect to the practice of veterinary science as the Investigating Committee specifies in the direction (whether or not the conditions are additional to those imposed under another provision of this Act).(2) However, the Investigating Committee may give such a direction only if it is satisfied that the suspension or the imposition of conditions is urgently needed, having regard to any one or more of the following:(a) the safety or health of any person,(b) the health or welfare of any animal,(c) the international reputation of Australia in relation to animal exports, animal welfare, animal produce or sporting events.Note. The complaint may be, for example, that a registered veterinary surgeon is prescribing or dispensing inappropriate drugs (such as those that leave a residue in meat intended for consumption), or prescribing or dispensing drugs in circumstances that allow the drugs to be used by human contestants in sporting events.(3) The Investigating Committee may also, by notice in writing, direct the Board:(a) to vary or revoke any condition, or(b) to revoke any suspension,imposed under this section.(4) The Board must, by order in writing given to the registered veterinary surgeon concerned, comply with a direction given to it under this section.(5) More than one direction may be given under subsection (1) (a) so long as the total period of suspension under this section does not exceed 60 days.
25C Veterinary surgeon to be afforded opportunity to make representations
(1) Before giving a direction under section 25B (other than a direction to revoke a condition or suspension imposed under that section), the Investigating Committee must advise the registered veterinary surgeon concerned by notice in writing:(a) of its intention to give the direction, and(b) of its reasons for giving the direction, and(c) that the veterinary surgeon may make oral or written representations (as the veterinary surgeon chooses) concerning the complaint to the Investigating Committee, and(d) that if no response is received from the veterinary surgeon within a period of 5 days after the notice is given, the Investigating Committee will give the direction to the Board, and(e) that the Board has no discretion to refuse to comply with the direction.(2) The Investigating Committee must consider any representations made by the veterinary surgeon in relation to the complaint within the time allowed by the notice.
25D Application to Tribunal concerning suspension or conditions
(1) A registered veterinary surgeon or a former registered veterinary surgeon against whom an order of the Board is in force under this Division may apply to the Tribunal for a review of the decision of the Investigating Committee that gave rise to the order.(2) The Investigating Committee may, at any time while an order of the Board under this Division suspending a registered veterinary surgeon from practice is in force, apply to the Tribunal for an order extending the total period of suspension permitted under this Division.(3) Such an application may be made even if the Tribunal has reinstated the veterinary surgeon’s registration following an application made by the former registered veterinary surgeon under subsection (1), or the Investigating Committee under subsection (2), in respect of a previous suspension.(4) The Investigating Committee, a registered veterinary surgeon or a former registered veterinary surgeon may make more than one application under this section.(5) The Investigating Committee may appoint one of its members (or, if the Investigating Committee has appointed a secretary, the secretary) to represent the Investigating Committee at the hearing of an application made under this section.
25E Determination of application
(1) An application made under section 25D is to be determined by the Tribunal constituted by a judicial member of the Tribunal.(2) Subsection (1) has effect despite any contrary provision of the Administrative Decisions Tribunal Act 1997.(3) The Tribunal is to determine the application having regard to all relevant information that the Investigating Committee and the registered veterinary surgeon or former registered veterinary surgeon have furnished to it by the time the application is heard.(4) In determining the application, the Tribunal may (regardless of the nature of the application) make any one or more of the following interim orders:(a) an order reinstating the registration of the former registered veterinary surgeon (with or without imposing conditions on that registration),(b) an order confirming the suspension of the former registered veterinary surgeon (with or without extending the period of suspension),(c) an order extending the period of suspension of the former registered veterinary surgeon,(d) an order confirming, varying or revoking the conditions imposed on the registration of the veterinary surgeon with respect to the practice of veterinary science,(e) an order imposing conditions, or additional conditions, (including limitations on the right to practise) on the registration of the veterinary surgeon with respect to the practice of veterinary science.(5) A period of suspension may not be extended under this Division (except by operation of section 25G) beyond the time at which the relevant complaint against the former registered veterinary surgeon is finally disposed of.
If a complaint is referred to the Tribunal under section 28 (1) (c), the Tribunal may, at any stage of its inquiry into the complaint, make such of the orders referred to in section 25E (4) as it considers appropriate.
(1) While an order under this Division suspending a person from practice remains in force, the person is taken not to be a registered veterinary surgeon.(2) On the expiry of the period of suspension specified in the order, or the final disposal of the complaint concerned (whichever occurs first), the person against whom the order was made is reinstated as a registered veterinary surgeon (subject to any order of the Tribunal or the Supreme Court in relation to the complaint that gave rise to the suspension).(3) However, if:(a) the Tribunal makes an order under section 32 (1) (b) suspending the person from practice, and(b) an order under this Division suspending the person from practice is in force at the time at which the Tribunal makes that order,the period of suspension imposed by the order under this Division is extended by operation of this section until the order of the Tribunal takes effect (subject to any order of the Supreme Court on appeal under Part 6B).
25H Effect of conditions imposed
(1) Conditions imposed under this Division have effect, subject to this Division, until the relevant complaint against the registered veterinary surgeon is finally disposed of.(2) This section does not prevent conditions with respect to the practice of veterinary science being imposed under another provision of this Act on the registration of a veterinary surgeon the subject of a complaint.
Division 3 Making of complaints to, and investigation by, Investigating Committee
26 Complaints against veterinary surgeons
(1) The Investigating Committee, the Board or any other person may make a complaint to the Investigating Committee that a registered veterinary surgeon:(a) has been convicted in New South Wales or elsewhere by any court of any offence, or(b) has been guilty of habitual drunkenness or of addiction to any deleterious drug, or(c) has been guilty of misconduct, or serious misconduct, in a professional respect, or(d) has had the veterinary surgeon’s registration to practise veterinary science cancelled under the law in force regulating the practice of veterinary science in a place outside New South Wales other than at the veterinary surgeon’s own request or has been suspended from practice as a person so entitled under any such law, or(e) is not of good character, or(f) is, by reason of infirmity, injury or illness, whether mental or physical, unfit to practise veterinary science, or(g) has contravened any condition imposed on the registration of the veterinary surgeon under section 17A, 25B (4), 25E (4) (e), 28 (1) or 32 (1).(2) A complaint shall be made in writing.(3) The Investigating Committee, by notice in writing served on the complainant:(a) may require further particulars of any complaint to be given, and(b) may require the complaint or any further particulars to be verified by statutory declaration,within such time as may be specified in the notice.(4) Where further particulars of a complaint are not furnished or a complaint or further particulars are not verified as required by the Investigating Committee, the Investigating Committee may refuse to investigate the complaint.(5) The Investigating Committee may investigate a complaint relating to the conduct of a registered veterinary surgeon notwithstanding that it does not appear to constitute misconduct, or serious misconduct, in a professional respect or any other ground on which a complaint may be made under subsection (1), but where the Investigating Committee considers that the matter to which any such complaint relates does not warrant the making of the complaint, the Investigating Committee shall refuse to investigate the complaint any further.(6) Where:(a) a person is convicted in New South Wales of an offence, other than a prescribed offence, and(b) the court before which the person is convicted has reasonable grounds to believe that the person is a registered veterinary surgeon,that court shall cause a certificate of conviction in respect of the person to be furnished to the Investigating Committee.(7) If the Investigating Committee so directs, a certificate of conviction received by it under subsection (6) shall be deemed to be a complaint made to it in accordance with this section.(8) A person other than:(a) a member of the police force,(b) a member of the Public Service, or(c) a member of the committee of the New South Wales Division of the Australian Veterinary Association, or(d) a member of the Board, or(e) a member of the Investigating Committee,acting in the person’s capacity as such a member, who makes a complaint to the Investigating Committee against a registered veterinary surgeon shall deposit with the Investigating Committee the sum of $20 at the time of lodging the complaint.(8A) Subsection (8) does not apply in respect of the Board or the Investigating Committee.(9) For the purposes of subsection (1) (f), a registered veterinary surgeon is unfit to practise veterinary science only if the veterinary surgeon, because of his or her infirmity, injury or illness, would be unable to carry out the inherent requirements of the practice of veterinary science.(10) The following are to be taken into account in determining whether a registered veterinary surgeon would be unable to carry out the inherent requirements of the practice of veterinary science:(a) the veterinary surgeon’s past training, qualifications and experience relevant to such practice,(b) if the veterinary surgeon is already practising as a veterinary surgeon, the veterinary surgeon’s performance in such practice,(c) all other relevant factors that it is reasonable to take into account.
27 Investigation by Investigating Committee
(1) The Investigating Committee shall, except as provided by section 26 (4) and (5), cause all complaints against registered veterinary surgeons made to it in accordance with section 26 to be investigated.(2) Where in the course of the investigation of a complaint against a registered veterinary surgeon:(a) it appears to the Investigating Committee that, having regard to the matters arising during the investigation:(i) another complaint could be made to it against the veterinary surgeon, whether instead of the complaint then being investigated or in addition to it, or(ii) a complaint could be made to it against another registered veterinary surgeon, and(b) the Investigating Committee is of the opinion that the other complaint, or the complaint against the other veterinary surgeon, is one that could be made to it in accordance with section 26,the Investigating Committee may itself make that other complaint or the complaint against that other veterinary surgeon, which shall thereupon be deemed to be a complaint made to it in accordance with section 26.(3) The proceedings of the Investigating Committee shall be held in the absence of the public.(4) For the purposes of any investigation conducted by it, the Investigating Committee may conduct the investigation in such manner as it thinks fit and is not bound to observe rules of law governing the admission of evidence, but may inform itself of any matter in such manner as it thinks fit.(5) Without limiting subsection (4), the Investigating Committee may delegate its function of collecting evidence in relation to an investigation to any person that the Investigating Committee considers appropriate.
28 Decision of Investigating Committee on complaint
(1) The Investigating Committee:(a) may dismiss any complaint made to it,(b) if it is satisfied of the truth of the complaint but considers that the complaint is not sufficiently serious to warrant its being referred to the Tribunal, may do all or any of the following:(i) by order, caution or reprimand the veterinary surgeon,(ii) order that the prescribed costs of, or incidental to, investigating the complaint be paid by the veterinary surgeon,(iii) by order impose conditions on the registration of the veterinary surgeon with respect to the practice of veterinary science, being conditions of a temporary nature (including limitations on the right to practise) in connection with the veterinary surgeon’s continuing education, acquisition of skills and professional supervision, or(c) if it is satisfied that a prima facie case has been made out and considers that the complaint is sufficiently serious to warrant its being referred to the Tribunal, shall refer the complaint accordingly.(2) Where the Investigating Committee considers that the conduct of a registered veterinary surgeon warranted the making of the complaint but the conduct does not constitute misconduct in a professional respect or any other ground on which a complaint may be made under section 26 (1), the Investigating Committee may deal with the veterinary surgeon under subsection (1) (b) in respect of the conduct.(3) The Investigating Committee must, before exercising its powers under subsection (1) (b) or (c), give the registered veterinary surgeon concerned an opportunity to make written representations to the Committee. If, after receiving written representations, the Committee is still considering whether or not it should exercise those powers, it must give that veterinary surgeon an opportunity to appear before it to make oral representations.
29 Miscellaneous provisions relating to investigations of complaints
(1) Where the persons constituting the Investigating Committee are divided in opinion as to the decision to be given on any question, the question shall be decided according to the opinion of the majority, but if those persons are equally divided in opinion, the decision shall be in favour of the registered veterinary surgeon concerned.(2) The chairperson of the Investigating Committee may direct that:(a) any specified evidence during the investigation of a complaint made to the Investigating Committee,(b) the subject-matter of a complaint, and(c) details of, and reasons for, the decision of the Investigating Committee with respect to a complaint,may be published in a publication intended primarily for the use of the legal or veterinary profession.(3) A person shall not publish any particular referred to in subsection (2) unless the publication is in accordance with a direction of the chairperson.Maximum penalty: 20 penalty units or 12 months’ imprisonment, or both.
(4) Where an amount is deposited pursuant to section 26 (8) and the Investigating Committee:(a) in the course of investigating the complaint has required further particulars of the complaint to be given or the complaint or further particulars to be verified by statutory declaration and that requirement is not complied with, or(b) after investigating the complaint is of the opinion that the complaint is vexatious or frivolous,the Investigating Committee may so declare and the amount deposited shall be forfeited.(5) If no declaration under subsection (4) is made, the amount deposited shall be refunded to the person by whom it was deposited.(6) (Repealed)(7) At the conclusion of the investigation of a complaint, the Investigating Committee shall notify the Board of:(a) the name and address of the registered veterinary surgeon concerned, and(b) any action taken by the Investigating Committee under section 28,and may, in addition, notify the Board of:(c) the name and address of the person who made the complaint,(d) the name and address of any witness, and(e) any other particulars it thinks fit.
Division 4 Proceedings before the Tribunal
(1) If in the course of an inquiry into a complaint against a registered veterinary surgeon:(a) it appears to the Tribunal that, having regard to the matters arising during the inquiry, another complaint could have been made against the veterinary surgeon, whether instead of the complaint then being inquired into or in addition to it, and(b) the Tribunal is satisfied that the Investigating Committee has not, under section 28 (1) (a) or (b), dealt with that other complaint or a complaint that was substantially the same as that other complaint, and(c) the Tribunal is of the opinion that the other complaint is one that could have been made to the Investigating Committee in accordance with section 26,the Tribunal may itself make that other complaint and it is to be taken to have been referred to the Tribunal in accordance with section 28 (1) (c).(2) If in the course of any inquiry into a complaint against a registered veterinary surgeon the Tribunal makes another complaint against the veterinary surgeon under subsection (1), the other complaint may be dealt with at that inquiry after such adjournment (if any) as is just and equitable in the circumstances.
31 Right to apply to Tribunal for review of orders of the Investigating Committee
A veterinary surgeon against whom the Investigating Committee has made an order under section 28 (1) (b) may apply to the Tribunal for a review of the order.
32 Tribunal’s powers when complaint proved
(1) If the matter of a complaint against a registered veterinary surgeon has been proved to the satisfaction of the Tribunal, the Tribunal may make any one or more of the following orders:(a) an order reprimanding or cautioning the veterinary surgeon,(b) an order suspending the veterinary surgeon from practice for a period not exceeding 12 months,(c) an order directing that the name of the veterinary surgeon be removed from the register of veterinary surgeons or the register of specialists,(d) an order imposing a fine on the veterinary surgeon of an amount not exceeding $10,000,(e) an order imposing conditions on the registration of the veterinary surgeon with respect to the practice of veterinary science,(f) an order requiring the veterinary surgeon to pay specified costs relating to the hearing.(2) Even though the matter of a complaint against a registered veterinary surgeon may have been proved to the satisfaction of the Tribunal, the Tribunal must not make an order of the kind referred to in subsection (1) (b) or (c) if the Tribunal is of the opinion that:(a) because the matter of the complaint is of a trivial nature, or(b) because of the circumstances in which that matter occurred, or(c) for any other reason, it is in the public interest that the veterinary surgeon should be allowed to continue to practise veterinary science.(3) If the Tribunal considers that the matter of a complaint against a registered veterinary surgeon has not been proved to the satisfaction of the Tribunal, but the Tribunal nevertheless considers that the conduct of the veterinary surgeon was sufficiently unacceptable to warrant the making of the complaint, the Tribunal may make an order against the veterinary surgeon under subsection (1) (a) or (f), or both.(4) On directing the name of a person to be removed from a register, the Tribunal may fix a time after which the person may apply for restoration of the person’s name to the register.(5) While an order under this section suspending a person from practice remains in force, the person is taken not to be a registered veterinary surgeon.(6) An order under this section does not take effect until 21 days after notice of the order is given to the veterinary surgeon by the Registrar, subject to any decision of an Appeal Panel of the Tribunal on appeal under section 34.
Division 5 General provisions relating to disciplinary proceedings
33 Disciplinary proceedings against veterinary surgeon who ceases to be registered
(1) The Investigating Committee and the Tribunal may continue to deal with a complaint against a registered veterinary surgeon even though the veterinary surgeon ceases to be registered.(2) If the Tribunal so directs, the name of the former veterinary surgeon is taken to have been removed from the register of veterinary surgeons under the order of the Tribunal under section 32.
35 Restoration of name to register etc
(1) Subject to section 32 (4), any person whose name has been removed from a register by the Tribunal under section 32 may apply to have the person’s name restored to that register.(2) The provisions of this Act relating to applications for registration are, so far as applicable, to apply to any such application for restoration.(3) The Tribunal may, if it thinks fit, terminate any period of suspension imposed by the Tribunal under section 32 before the expiration of the period specified in the order of suspension.(4) Subject to any order referred to in section 32 (4) that is made by the Supreme Court on an appeal, the Tribunal may direct that any name removed from a register at the direction of the Tribunal under section 32 be restored to that register.(5) The name of any person which has been removed from a register under section 32 is not be restored to the register until the prescribed restoration fee is paid.
36 Recording of proceedings and decision of Investigating Committee and orders of Tribunal and Board
(1) The Registrar of the Tribunal is to notify the Board of any orders the Tribunal makes under section 32.(2) The Registrar of the Board, or a person appointed by the Registrar, is to keep a record of:(a) all proceedings and decisions of the Investigating Committee, and(b) all orders of the Tribunal made under section 32.(3) The Registrar of the Board is to make a notation in the register of veterinary surgeons or, if applicable, the register of specialists of the terms of:(a) an order of the Tribunal under section 32 or the Supreme Court on appeal under Part 6B, and(b) an order of the Investigating Committee under section 28 (1) (b), and(c) an order of the Board under section 25B (4).