Division 6Division 6 Notification and publication of disciplinary action
In this Division:disciplinary action means any of the following actions (whether or not taken under this Part):
(a) the suspension or cancellation of the registration of a veterinary practitioner,(b) the refusal to register a qualified person as a veterinary practitioner,(c) the removal of the name of a veterinary practitioner from the Register,(d) any direction or order made by the Board or Tribunal in respect of a veterinary practitioner following a disciplinary finding in respect of the veterinary practitioner.veterinary practitioner includes a former veterinary practitioner.
58A Notification of disciplinary action to interstate registration authorities
(1) The Board must notify each interstate registration authority of any disciplinary action taken against a veterinary practitioner.Note. This extends to disciplinary action taken against a veterinary practitioner who has deemed registration under Part 4A.(2) The Board is authorised to act under this section despite any law relating to secrecy or confidentiality.(3) This section does not affect any obligation or power to provide information under the Mutual Recognition Act 1992 of the Commonwealth or the Trans-Tasman Mutual Recognition Act 1997 of the Commonwealth.(4) In this section, interstate registration authority means a person or body having the function of the registration of persons as veterinary practitioners in another State or a Territory or another jurisdiction prescribed by the regulations.
59 Publicising disciplinary action
(1) The Board may publicise disciplinary action taken against a veterinary practitioner in any manner the Board thinks fit.(2) However, the Board must publicise disciplinary action taken against a veterinary practitioner (including the name and other identifying particulars of the person against whom the disciplinary action was taken).(3) Without limiting subsection (1), it is sufficient compliance with subsection (2) if the Board provides to the Registrar sufficient information to enable the Registrar to exercise the Registrar’s functions in respect of the register of disciplinary action required to be kept under this Division.(4) The requirement to publicise disciplinary action applies only to disciplinary action taken after the commencement of this section. However, the Board may publicise disciplinary action taken under the Veterinary Surgeons Act 1986 before the commencement of this section in accordance with this Division.(5) This section extends to disciplinary action taken outside this State, to the extent that the particulars of that disciplinary action are known to the Board.
60 Register of disciplinary action
(1) The Registrar must keep a register of disciplinary action taken against veterinary practitioners.(2) The register is to include the following:(a) the name and other identifying particulars of the person against whom the disciplinary action was taken,(b) particulars of the disciplinary action taken.(3) The Registrar is to ensure that the register is made available to the public, free of charge, at the Board’s offices during ordinary office hours and in any other manner that the Board directs.(4) The Registrar may, on request, provide information recorded in the register to members of the public in any other manner.(5) The Registrar may correct any error in or omission from the register.(6) The requirement to keep a register of disciplinary action applies only to disciplinary action taken after the commencement of this section. However, the Registrar may include in the register disciplinary action taken before the commencement of this section under a former law regulating the practice of veterinary science, or publicise such action in any other manner, in accordance with this Division.(7) This section extends to disciplinary action taken outside this State, to the extent that the particulars of that disciplinary action are known to the Registrar.
61 Quashing of disciplinary action
(1) If disciplinary action is quashed on appeal or review after the action was publicised by the Board under this Division, the result of the appeal or review is to be publicised with equal prominence by the Board.(2) If the disciplinary action was recorded in the register kept by the Registrar under this Division, any reference to that disciplinary action is to be removed from the register.
62 Liability for publicising disciplinary action
(1) No liability is incurred by the State, the Board, the Registrar or any person acting at the direction of the Board or Registrar in respect of anything done in good faith for the purpose of:(a) publicising disciplinary action under this Division, or(b) exercising the functions of the Board or Registrar under this Division.(2) No liability is incurred by a person publishing in good faith disciplinary action, or a fair report or summary of disciplinary action, recorded in a register kept by the Registrar, or otherwise publicised by the Board or Registrar, under this Division.(3) In this section:liability includes liability in defamation.
(1) The provisions of this Division are subject to any order made by the Tribunal under section 75 of the Administrative Decisions Tribunal Act 1997.Note. Section 75 of the Administrative Decisions Tribunal Act 1997 allows the Tribunal to make an order prohibiting or restricting the disclosure of information.(2) If disciplinary action is taken against a person because the person suffers from an impairment, the reason for the disciplinary action, and any other information relating to the impairment of the person, is not to be recorded in the register kept under this Division or otherwise publicised.(3) Despite subsection (2), the name and other identifying particulars of the person against whom the disciplinary action was taken, and the kind of disciplinary action taken, must be publicised, and recorded in the register kept under this Division, in accordance with the requirements set out in this Division.