New South Wales: Veterinary Practice Act 2003 (NSW)

Veterinary Practice Act 2003 No 87 An Act relating to the practice of veterinary science, to repeal the Veterinary Surgeons Act 1986; and for other purposes. Part 1 Preliminary 1 Name of Act This Act is the Veterinary Practice Act 2003. 2 Commencement (1) Subject to subsection (2), this Act commences on a day or days to be appointed by proclamation. (2) A day may not be appointed under subsection (1) that commences section 14 (5) (a) earlier than 12 months after the date of assent to this Act. 3 Object of Act The object of this Act is to regulate the provision of veterinary services for the following purposes— (a) to promote the welfare of animals, (b) to ensure that consumers of veterinary services are well informed as to the competencies required of veterinary practitioners, (c) to ensure that acceptable standards are required to be met by veterinary practitioners so as to meet the public interest and national and international trade requirements, (d) to provide public health protection. 4 Definitions (1) In this Act— advisory committee means the advisory committee established under Part 2. approved fee means the fee determined by the Board and approved by the Minister. Board means the Veterinary Practitioners Board constituted under section 76. committee means a committee established under section 81. exercise a function includes perform a duty. firm means a partnership or other unincorporated association of persons. full registration means registration granted in accordance with section 21. function includes power, duty and authority. health practitioner means a registered health practitioner within the meaning of the Health Practitioner Regulation National Law (NSW). honorary registration means registration granted in accordance with section 22. inspector means a person appointed for the time being as an inspector under section 90. limited registration means registration granted in accordance with section 23. major surgery has the meaning given by section 64. premises includes land. provisional registration means registration granted in accordance with section 24. Register means the Register required to be kept under section 28. registered means registered as a veterinary practitioner under this Act. Registrar means Registrar of the Board. registration means registration as a veterinary practitioner under this Act. restricted act of veterinary science has the meaning given by section 7. specialist registration means registration granted in accordance with section 25. Tribunal means the Civil and Administrative Tribunal. veterinary hospital means premises the subject of a veterinary hospital licence. veterinary hospital licence means a licence granted under Part 6 that is in force. veterinary practice means a business that provides veterinary services. veterinary practitioner means a person who is registered under this Act as a veterinary practitioner. veterinary science includes any branch of the science or art of veterinary medicine or of veterinary surgery and, without limiting the generality of the foregoing, includes the following— (a) the examination of or attendance on any animal for the purpose of diagnosing the physiological or pathological condition of the animal, (b) the giving of any anaesthetic to, or the performance of any operation on, any animal, (c) without limiting the generality of paragraph (a), the diagnosing of pregnancy in an animal, (d) without limiting the generality of paragraph (b)— (i) the carrying out of any artificial breeding procedure involving surgery, and (ii) the de-antlering of deer, (e) the doing of any act that is prescribed by the regulations as forming part of the practice of veterinary science. Note— The Interpretation Act 1987 contains definitions and other provisions that affect the interpretation and application of this Act. (2) For the purposes of this Act, a person has, or persons have, a controlling interest in a corporation or firm if the person has, or persons have, the capacity to determine the outcome of decisions about the financial and operating policies of the corporation or firm. (3) For the purposes of this Act, a person is considered to suffer from an impairment if the person suffers from any physical or mental impairment, disability, condition or disorder which detrimentally affects or is likely to detrimentally affect the person's physical or mental capacity to practise veterinary science. Habitual drunkenness or addiction to a deleterious drug is considered to be a physical or mental disorder. 5 Notes Notes included in this Act do not form part of this Act. 6 Mutual recognition laws This Act does not limit or otherwise affect the operation of— (a) the Mutual Recognition Act 1992 of the Commonwealth, or (b) the Trans-Tasman Mutual Recognition Act 1997 of the Commonwealth. Part 2 Restricted acts of veterinary science 7 Restricted acts of veterinary science (1) A restricted act of veterinary science is an act of veterinary science declared by the regulations to be a restricted act of veterinary science for the purposes of this Act. Note— Section 9 makes it an offence for a person to do a restricted act of veterinary science except in certain circumstances. Section 10 provides that a person other than a veterinary practitioner is not entitled to recover fees or charges for doing a restricted act of veterinary science except in certain circumstances. (2) Before a Minister recommends to the Governor the making of a regulation that includes a declaration referred to in subsection (1), the Minister is to seek the advice of the advisory committee on the proposed regulation. (3) The advisory committee may make a recommendation to the Minister that an act of veterinary science should be declared to be a restricted act of veterinary science. (4) The advisory committee is not to make a recommendation to declare an act of veterinary science to be a restricted act of veterinary science unless the advisory committee considers that if such an act were performed on an animal by a person other than a veterinary practitioner it would be likely— (a) to cause unacceptable levels of harm or suffering to the animal, or (b) to affect human health adversely, or (c) to affect domestic or international trade adversely. (5) The advisory committee may include in a recommendation circumstances in which a person other than a veterinary practitioner should be allowed to do the act of veterinary science concerned. (6) The Minister is to consider any recommendation of the advisory committee made under this section. (7) A regulation may not be made declaring an act of veterinary science specified in Schedule 1 as a restricted act of veterinary science. 8 Establishment of advisory committee (1) The Minister is to establish an advisory committee to consider and make recommendations on what acts of veterinary science should be declared by the regulations to be restricted acts of veterinary science. (2) The advisory committee is to consist of such members as the Minister appoints from time to time. (3) The Minister may appoint a presiding member of the advisory committee. (4) A member of the advisory committee holds office for such term as is specified in the member's instrument of appointment unless the member's appointment is sooner revoked by the Minister. (5) The procedure of the advisory committee, and the remuneration (if any) of the members, is to be as determined by the Minister. (6) The remuneration (if any) of members of the advisory committee and any expenses of the advisory committee are to be paid by the Board. Part 3 Practice of veterinary science 9 Offence for unregistered person to do restricted acts of veterinary science (1) A person must not do any restricted act of veterinary science unless the person is a veterinary practitioner. Maximum penalty—50 penalty units or imprisonment for 12 months, or both. (2) Despite subsection (1), a person other than a veterinary practitioner may, in respect of an animal, do any restricted act of veterinary science if— (a) the person is the owner of the animal, or (b) the person is an employee of the owner of the animal and the act is done incidentally to the primary duties of that employment, or (c) the person is a student enrolled in a course of study referred to in section 21 (1) (a) and is doing the restricted act of veterinary science concerned as part of the requirements of that course under the direct supervision of a veterinary practitioner, or (d) the doing of the act is necessary because the animal is in urgent need of veterinary treatment and a veterinary practitioner is not available, or (e) the person belongs to a class of persons, or is doing the act of veterinary science in the circumstances, prescribed by the regulations for the purposes of this paragraph. 10 Unregistered person may not recover fees or charges for doing restricted acts of veterinary science A person is not entitled to recover any fee or charge for doing any restricted act of veterinary science unless the person is a veterinary practitioner, the holder of a veterinary hospital licence or is referred to in section 14 (5). 11 Offence relating to representation of unqualified person to be veterinary practitioner (1) An individual must not represent himself or herself to be a veterinary practitioner and must not allow himself or herself to be represented to be a veterinary practitioner unless he or she is a veterinary practitioner. Maximum penalty—50 penalty units or imprisonment for 12 months, or both. (2) A person must not represent an individual to be a veterinary practitioner if the person knows, or ought reasonably to know, that the individual is not a veterinary practitioner. Maximum penalty—50 penalty units or imprisonment for 12 months, or both. (3) Without limiting the ways in which an individual can be considered to be represented to be a veterinary practitioner, a representation using any of the following titles, names or descriptions constitutes such a representation— (a) the title or description "veterinary surgeon", "veterinary practice", "veterinary", "vet" or "animal doctor", or any abbreviation or derivative of those words, either alone or in connection with any other title or description, (b) another title, name or description that indicates, or is capable of being understood to indicate, or is calculated to lead a person to infer, that the person is a veterinary practitioner or is entitled to be registered as a veterinary practitioner, (c) any title, name or description prescribed by the regulations. (4) This section does not prohibit the use of the term "veterinary"— (a) by a person for the purpose only of indicating that the person or another person carries on the business of supplying goods or materials used in connection with veterinary science, or (b) in relation to a Public Service agency, public or local authority or statutory corporation, or (c) by a person who or body which, because of section 14 (5), is using the term without contravening that section, or (d) by the holder of a veterinary hospital licence in relation to the premises the subject of the licence. 12 Offence to falsely represent person as holder of veterinary qualifications A person must not represent himself or herself to be the holder of any qualification that would entitle the person to be granted registration as a veterinary practitioner unless the person is the holder of that qualification. Maximum penalty—50 penalty units or imprisonment for 12 months, or both. 13 Offence to practise as specialist unless registered as specialist (1) An individual must not represent himself or herself to be a specialist in a branch of veterinary science unless he or she is the holder of specialist registration in that branch. Maximum penalty—50 penalty units or imprisonment for 12 months, or both. (2) Without limiting the ways in which a person can be considered to be represented as a specialist, a representation using any of the following titles, names or descriptions constitutes such a representation— (a) the title or description "specialist" or any abbreviation or derivative of that word in connection with the person's practice of veterinary science, (b) any title, description, words or letters implying, or capable of being understood as implying, that the person is a specialist in a branch of veterinary science. 14 Offence of representing certain corporations and firms to be veterinary practices (1) A corporation must not represent itself to be a veterinary practice unless one or more veterinary practitioners has or have the controlling interest in the corporation. Maximum penalty—50 penalty units or imprisonment for 12 months, or both, in the case of an individual or 100 penalty units in the case of a corporation. (2) A person must not represent that a corporation is a veterinary practice if the person knows, or ought reasonably to know, that any such representation by the corporation itself would be a contravention of subsection (1). Maximum penalty—50 penalty units or imprisonment for 12 months, or both. (3) A partner or member of a firm must not represent the firm to be a veterinary practice unless one or more veterinary practitioners has or have the controlling interest in the firm. Maximum penalty—50 penalty units or imprisonment for 12 months, or both. (4) Without limiting the ways in which a corporation or firm can be considered to be represented to be a veterinary practice, a representation using any of the following titles, names or descriptions constitutes such a representation— (a) a representation using the title or description "veterinary surgeon", "veterinary practice", "veterinary", "vet" or "animal doctor" or any abbreviation or derivative of those words, either alone or in connection with any other title or description, (b) another title, name or description that indicates, or is capable of being understood to indicate, or is calculated to lead a person to infer, that the corporation or firm is a veterinary practice, (c) any title, name or description prescribed by the regulations. (5) This section does not apply to the following— (a) a corporation or firm that provides veterinary services but whose principal business is the supply of goods or materials used in connection with agriculture so long as the provision of the veterinary services is at the same premises from which those goods and materials are supplied, (b) a Public Service agency, public or local authority or statutory corporation, (c) a charitable organisation within the meaning of the Prevention of Cruelty to Animals Act 1979 that provides veterinary services, (d) a person or body, or a class of persons or bodies, prescribed by the regulations for the purposes of this paragraph. 15 Prohibition against directing or inciting misconduct (1) (Repealed) (2) A person (the employer) who employs a veterinary practitioner to assist in the provision of veterinary services must not direct or incite the veterinary practitioner to engage in conduct in the course of professional practice that would constitute unsatisfactory professional conduct or professional misconduct. Maximum penalty—50 penalty units in the case of an individual and 100 penalty units in the case of a corporation. (3) For the purposes of this section, any actions of an agent or employee of the employer are taken to be actions of the employer unless the employer establishes— (a) that the employer had no knowledge of those actions, and (b) that the employer could not, by the exercise of due diligence, have prevented those actions. (4) (Repealed) 16 Signing certificates A person, other than a veterinary practitioner, must not sign any certificate required by law to be signed by a veterinary practitioner. Maximum penalty—50 penalty units. Part 4 Registration of veterinary practitioners Division 1 Registration procedures 17 Application to registration of Licensing and Registration (Uniform Procedures) Act 2002 (1) The Board may grant the following kinds of registration for the purposes of this Act— (a) full registration, (b) honorary registration, (c) limited registration, (d) provisional registration, (e) specialist registration. (2) Part 3 of the Licensing and Registration (Uniform Procedures) Act 2002 (the applied Act) applies to and in respect of registration under this Act, subject to the modifications and limitations prescribed by or under this Act. Note— See clause 19 of Schedule 4, which temporarily suspends the provisions of the applied Act in relation to the making of applications by way of electronic communication. (3) For the purposes of applying Part 3 of the applied Act to the granting of registration under this Act— (a) an application for the granting of registration may only be made by an individual and must be accompanied by the approved fee for the application, and (b) the Board may require an application for the granting of registration to be accompanied by such documents in support of the application as the Board requires, and (c) registration may be amended under that Act, and (d) section 54 of that Act does not have effect, and (e) the reference to 28 days in section 46 (1) of that Act (as to the period within which applications are to be dealt with) is to be read as a reference to 40 days, and (f) the reference to 14 days in section 48 (1) of that Act (as to the period within which notice of the Board's decision on an application is to be notified) is to be read as a reference to 7 days. (4) Full registration, honorary registration or specialist registration is continuing registration for the purposes of Part 3 of the applied Act. (5) Subject to this section, the regulations may make provision for or with respect to such matters concerning registration under this Act as are relevant to the operation of Part 3 of the applied Act. 18 Refusal of registration The Board may refuse to register an applicant as a veterinary practitioner on any of the following grounds— (a) the applicant is not of good character, (b) the applicant has been found guilty of any of the following offences— (i) an offence under this Act, the Prevention of Cruelty to Animals Act 1979, the Stock Medicines Act 1989, the Biosecurity Act 2015, the Poisons and Therapeutic Goods Act 1966, or the Export Control Act 1982 of the Commonwealth, or any of the regulations under those Acts, (ii) any other offence under a law of this State or of the Commonwealth, or another State or Territory, that imposes a requirement on a veterinary practitioner in his or her capacity as a veterinary practitioner, (iii) any offence under a law of the Commonwealth, or another State or Territory, or of a jurisdiction outside Australia, that in the opinion of the Board is equivalent to an offence referred to in subparagraph (i) or (ii), (c) the applicant has been refused registration, licensing or other authorisation as a veterinary practitioner in another State or Territory or another jurisdiction prescribed by the regulations or has had his or her authority to practise veterinary science suspended or cancelled in another State or Territory or another jurisdiction prescribed by the regulations, (d) the Board is satisfied that the applicant is not fit to practise veterinary science because the applicant suffers from an impairment, (e) the applicant has not made the declaration, prescribed by the regulations, relating to the conduct to be observed by veterinary practitioners. 19 Conditions of registration (1) Registration is subject to such conditions as are imposed by the Board. (2) The Board may, by notice in writing given to a veterinary practitioner— (a) impose a condition on the veterinary practitioner's registration at any time, or (b) vary or revoke a condition imposed on the registration. (3) The Board may impose a condition on registration only if the Board is satisfied that the condition is warranted, having regard to any one or more of the following— (a) the provisions of any Act or law of a jurisdiction in Australia affecting veterinary practitioners or the practice of veterinary science, (b) the safety or health of any person, (c) the health or welfare of animals or any particular type of animals, (d) damage to the international reputation of Australia in relation to animal exports, animal welfare, animal produce or sporting events, (e) any conditions imposed on the applicant's authority to practise veterinary science in another State or Territory or another jurisdiction prescribed by the regulations, (f) any impairment suffered by the veterinary practitioner. Note— The Board may be aware, for example, that a veterinary practitioner 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. (4) Without limiting subsection (1), a condition imposed on registration may require the registered person to do either or both of the following within a specified time— (a) to undertake and successfully complete additional academic or practical training courses, (b) to demonstrate, to the satisfaction of the Board— (i) a knowledge of the law and ethics relating to the practice of veterinary science generally, and (ii) in particular, a knowledge of the law and ethics concerning the supply, dispensing, storage and use of poisons and therapeutic substances that are relevant to the practice of veterinary science. 20 Duration of registration (1) Subject to this Act, registration continues in force until it is cancelled. (2) Registration is not in force during any period of suspension. Division 2 Qualifications for registration 21 Qualifications for full registration (1) A person may be granted full registration if— (a) the person holds an academic award in veterinary science that was awarded on the completion of a regular graded course of study extending over at least 4 academic years in which a general study of veterinary science was made at a university, college or institution approved in writing by the Board on the advice of the Australasian Veterinary Boards Council Inc, or (b) the person— (i) holds an academic award in veterinary science that was awarded on the completion of a regular graded course of study in veterinary science extending over at least 4 academic years at a university, college or institution (not referred to in paragraph (a)) and that at the time it was granted was accepted in the country in which it was granted as a sufficient qualification for the practice of veterinary science in that country, and (ii) has, if required by the Board, passed the examination required by the regulations. (2) The Board is to review the universities, colleges and institutions that are approved for the purposes of subsection (1) (a) at least once every year and the results of the review are to be included in the Board's annual report. 22 Qualifications for honorary registration A person who is a veterinary practitioner with full registration or a person eligible to be granted full registration may be granted honorary registration if the Board is satisfied that— (a) the person has been a member of the profession of veterinary science for not less than 40 years, or (b) the person is a member of the profession of veterinary science of long standing and is of or above the age of 65 years, or (c) the person's standing in the profession of veterinary science is such as to justify the person's being granted honorary registration. 23 Qualifications for limited registration (1) A person may be granted limited registration if the Board is satisfied that the person does not have all the qualifications necessary for full registration but has such qualifications in veterinary science and experience in the practice of veterinary science as to justify the granting of limited registration. (2) Without limiting subsection (1), limited registration may be granted for any one or more of the following purposes— (a) to enable a person to carry on the practice of veterinary science for a specific purpose, (b) to enable a person to carry on the practice of veterinary science for a limited time, (c) to enable a person with a qualification referred to in section 21 (1) (b) (i) to carry on the practice of veterinary science until the person has passed the examination referred to in section 21 (1) (b) (ii). (3) Without limiting section 19, the types of conditions that may be imposed on limited registration include the following— (a) a condition that the registered person is to be supervised by a veterinary practitioner (other than a veterinary practitioner with limited registration) when doing any act of veterinary science, (b) a condition that the registered person is to perform only the acts of veterinary science specified in the certificate of registration. 24 Qualifications for provisional registration (1) A person who has applied for full registration may be granted provisional registration by the Board if the Board is satisfied that the person has satisfied all the requirements for an academic award referred to in section 21 (1) (a) and, but for the conferring of the award, would be entitled to be granted full registration. (2) Unless sooner cancelled, provisional registration remains in force for a period of 3 months from the date of its issue. (3) The Board may, for any reason, cancel a person's provisional registration without prejudice to the application of the person to be granted full registration. (4) If a veterinary practitioner with provisional registration is granted full registration while the provisional registration is in force, the person's provisional registration expires (despite subsection (2)) on the day on which the person is granted full registration. 25 Qualifications for specialist registration A person who is a veterinary practitioner with full registration or a person eligible to be granted full registration may be granted specialist registration in a branch of veterinary science if the Board is satisfied that the person has such qualifications in veterinary science and such experience in the practice of veterinary science as to justify the granting of specialist registration. Division 3 Cancellation and suspension of registration 26 Cancellation and suspension of registration (1) A person ceases to be registered as a veterinary practitioner if the person's name is removed from the Register. (2) A reference in this Act to the cancellation of a veterinary practitioner's registration is a reference to the removal of the veterinary practitioner's name from the Register. (3) Subsections (1) and (2) do not apply to the removal of a person's name from a division of the Register as referred to in section 28 (4). (4) A person whose registration as a veterinary practitioner is suspended is taken not to be a veterinary practitioner during the period of suspension, except for the purposes of Part 5 (Complaints and disciplinary proceedings). 27 Removal of person's name from Register (1) The Board must remove a veterinary practitioner's name from the Register if— (a) the veterinary practitioner has died, or (b) the veterinary practitioner has requested the Board to remove his or her name from the Register, or (c) the Tribunal or the Supreme Court has ordered that the veterinary practitioner's registration be cancelled. (2) The Board may remove a veterinary practitioner's name from the Register if— (a) the veterinary practitioner does not possess the qualifications in respect of which he or she is registered, or (b) the Board is of the opinion that the veterinary practitioner is not a person of good character, or (c) the veterinary practitioner has been found guilty of any of the following offences— (i) an offence under this Act, the Prevention of Cruelty to Animals Act 1979, the Stock Medicines Act 1989, the Biosecurity Act 2015, the Poisons and Therapeutic Goods Act 1966, or the Export Control Act 1982 of the Commonwealth, or any of the regulations under those Acts, (ii) any other offence under a law of this State or of the Commonwealth, or another State or Territory, that imposes a requirement on a veterinary practitioner in his or her capacity as a veterinary practitioner, (iii) any offence under a law of the Commonwealth, or another State or Territory, or of a jurisdiction outside Australia, that in the opinion of the Board is equivalent to an offence referred to in subparagraph (i) or (ii), or (d) the veterinary practitioner has had his or her authority to practise veterinary science suspended or cancelled in another State or Territory, or (e) the veterinary practitioner has been registered because of any false or fraudulent representation or declaration made either orally or in writing, or (f) the veterinary practitioner has become a mentally incapacitated person, or (g) the veterinary practitioner has failed to pay any fee or fine due to the Board under this Act or any other amount ordered to be paid by the veterinary practitioner in accordance with proceedings under this Act, or (h) the veterinary practitioner has failed to lodge a return as required by section 33. (3) Action is not to be taken under subsection (2) unless the Board— (a) has caused notice of the proposed action to be given to the veterinary practitioner, and (b) has given the veterinary practitioner at least 28 days within which to make written submissions to the Board in relation to the proposed action, and (c) has taken any such submissions into consideration. Division 4 Register of veterinary practitioners 28 Register of veterinary practitioners (1) The Board is to keep and maintain a Register of veterinary practitioners. (2) The Register is to be divided as follows— (a) a division that includes an entry for each veterinary practitioner with full registration, (b) a division that includes an entry for each veterinary practitioner with honorary registration, (c) a division that includes an entry for each veterinary practitioner with limited registration, (d) a division that includes an entry for each veterinary practitioner with provisional registration, (e) a division that includes an entry for each veterinary practitioner with specialist registration. (3) Each entry of the Register that relates to a veterinary practitioner is to include the following— (a) the full name and address of the veterinary practitioner, (b) a description of the veterinary practitioner's qualification for registration and, in the case of a veterinary practitioner with specialist registration, a description of the veterinary practitioner's qualifications and experience that enable the veterinary practitioner to be granted specialist registration, (c) in the case of a veterinary practitioner with specialist registration, the branch of veterinary science in respect of which the veterinary practitioner is a specialist, (d) in the case of a veterinary practitioner with limited registration—the date (if specified in the certificate of registration) on which the registration will expire and any condition attached to the registration, (e) the premises (if any) at which the veterinary practitioner practises, (f) such other particulars as may be prescribed by the regulations. (4) The name of a person is to be removed from a division of the Register if the name of the person is entered in any other division of the Register. 29 General provisions relating to Register (1) If a veterinary practitioner applies for particulars to be recorded in the Register in addition to those required to be recorded under this Act, the Board may, on payment of the approved fee, cause to be recorded in the Register such of those additional particulars as the Board approves. (2) The Register is to be available for inspection, at the office of the Board at all times when that office is open for business, by any person on payment of the approved fee. (3) If the description of a person's qualifications is required to be entered into the Register, the description is to include the date on which the qualification was awarded. (4) The name of a veterinary practitioner is removed from the Register by the making in the Register of such recording as the Board directs. 30 Annual registration fees (1) A veterinary practitioner must, on or before 30 June of each year following the year in which the veterinary practitioner was first registered, pay to the Board the approved fee for annual registration. (2) The Board may approve different annual registration fees by reference to different factors. (3) The Board may cause a veterinary practitioner's name to be removed from the Register if the veterinary practitioner has failed to pay the approved fee for annual registration by the due date. (4) A person whose name has been removed from the Register for failure to pay the approved fee for annual registration by the due date is entitled to re-registration if the person pays to the Board any unpaid approved fee or fees for annual registration together with any approved fee for late payment. (5) The entitlement to re-registration is an entitlement to registration on the same terms and subject to the same conditions (if any) as applied to the person's registration immediately before the removal of the person's name from the Register. (6) A person registered pursuant to an entitlement to re-registration under this section is taken to have been so registered on and from the day the person's name was removed from the Register or on and from such later day as the Board determines and notifies to the person. However, nothing in this subsection affects any proceedings for an offence instituted against the person before the person was entitled to be re-registered. (7) Nothing in this section requires the Board to re-register a person if the Board is satisfied that the person would not be entitled to be registered as a veterinary practitioner but for this section. (8) An entitlement to re-registration under this section does not override any other provision of this Act pursuant to which a person's name is authorised or required to be removed from the Register. 31 Change of particulars to be notified A veterinary practitioner must comply with the requirements of section 53 (as applied by this Act) of the Licensing and Registration (Uniform Procedures) Act 2002. Maximum penalty—10 penalty units. Note— Section 53 of the Licensing and Registration (Uniform Procedures) Act 2002 makes it a condition of registration for registered persons to provide information regarding changes to their particulars. 32 Evidentiary certificates A certificate— (a) that is signed by the Registrar, and (b) that certifies that, on a specified date or during a specified period, the particulars contained in the Register as to specified matters were as so specified, is admissible in any proceedings and is evidence of the matters so certified. Note— See also section 55 of the Licensing and Registration (Uniform Procedures) Act 2002 with respect to evidentiary certificates. Division 5 Returns and information 33 Annual return to be submitted (1) A veterinary practitioner must, on or before the return date in each year, furnish in writing to the Board in a form approved by the Board a return for the return period specifying the following information— (a) if the veterinary practitioner has been found guilty of any of the following offences— (i) an offence under this Act, the Prevention of Cruelty to Animals Act 1979, the Stock Medicines Act 1989, the Biosecurity Act 2015, the Poisons and Therapeutic Goods Act 1966, or the Export Control Act 1982 of the Commonwealth, or any of the regulations under those Acts, (ii) any other offence under a law of this State or of the Commonwealth, or another State or Territory, that imposes a requirement on a veterinary practitioner in his or her capacity as a veterinary practitioner, (iii) any offence under a law of the Commonwealth, or another State or Territory, or of a jurisdiction outside Australia, that in the opinion of the Board is equivalent to an offence referred to in subparagraph (i) or (ii), (b) details of any impairment suffered by the veterinary practitioner, (c) details of any suspension or cancellation of, or imposition of conditions on, the licence, registration or other authorisation of the veterinary practitioner in relation to the practice of veterinary science in another jurisdiction (either within Australia or elsewhere) during the return period, (d) a statement as to whether the veterinary practitioner has been refused a licence, registration or other authorisation in relation to the practice of veterinary science in another jurisdiction (either within Australia or elsewhere) during the return period, (e) the premises (if any) at which the veterinary practitioner has been practising during the return period and the premises (if any) at which the veterinary practitioner intends to practise in the next 12 months, (e1) such details of any continuing professional development undertaken by the veterinary practitioner as are prescribed by the regulations, (f) such other information as may be prescribed by the regulations. (2) The Board may require a return under this section to be verified by statutory declaration. (3) Despite subsection (1), the regulations may provide that a veterinary practitioner with honorary registration need not submit an annual return or need include in the annual return only such information as the regulations may specify. (4) The Board may cause a veterinary practitioner's name to be removed from the Register if the veterinary practitioner has failed to furnish an annual return in accordance with this section. (5) A person whose name has been removed from the Register for failure to furnish an annual return is entitled to re-registration if the person furnishes the return to the Board together with any approved fee for restoration to the Register under this section. (6) The entitlement to re-registration is an entitlement to registration on the same terms and subject to the same conditions (if any) as applied to the person's registration immediately before the removal of the person's name from the Register. (7) A person registered pursuant to an entitlement to re-registration under this section is taken to have been so registered on and from the day the person's name was removed from the Register or on and from such later day as the Board determines and notifies to the person. However, nothing in this subsection affects any proceedings for an offence instituted against the person before the person was entitled to be re-registered. (8) Nothing in this section requires the Board to re-register a person if the Board is satisfied that the person would not be entitled to be registered as a veterinary practitioner but for this section. (9) An entitlement to re-registration under this section does not override any other provision of this Act pursuant to which a person's name is authorised or required to be removed from the Register. (10) In this section— return date means the date in a particular year notified to a veterinary practitioner by the Board in writing at least 1 month in advance. return period means the period of 12 months ending 2 months before the return date in a year. Division 6 Review of registration decisions 34 Tribunal may administratively review certain registration decisions (1) A person may apply to the Tribunal for an administrative review under the Administrative Decisions Review Act 1997 of any of the following decisions of the Board under this Part— (a) a decision to refuse to grant the person full registration, (b) a decision to impose conditions on the full registration of the person, (c) a decision to remove the person's name from the Register. Note— A decision of the Tribunal determining an application under this section may be appealed to the Supreme Court directly. See Schedule 5 (Occupational Division) to the Civil and Administrative Tribunal Act 2013. (2) Despite subsection (1), a person is not entitled to apply to the Tribunal for an administrative review of a decision of the Board refusing to grant registration to the person if the registration was refused on the ground that the person had failed to pass an examination that the person was required to pass under this Part. Part 4A Recognition of interstate veterinary practitioners 34A Definitions In this Part— another jurisdiction means another State or a Territory or another jurisdiction prescribed by the regulations. deemed registration—see section 34B (1). interstate registration authority means a person or body having the function of the registration of persons as veterinary practitioners in another jurisdiction. person means an individual. 34B Recognition of veterinary practitioners registered in other jurisdictions (1) A person who practises as a veterinary practitioner in New South Wales is taken to be registered as a veterinary practitioner under this Act (referred to in this Part as deemed registration) if— (a) the person's principal place of residence is another jurisdiction, and (b) the person is registered as a veterinary practitioner in that jurisdiction, and (c) the person is not registered as a veterinary practitioner in New South Wales. (2) For the purposes of subsection (1), a person's principal place of residence includes any jurisdiction which was, within the last 3 months, the person's principal place of residence. (3) If a person has specialist registration in a branch of veterinary science (however described) in another jurisdiction, the person's deemed registration is taken to be specialist registration in that branch for the purposes of this Act. (4) If a person's right to practise veterinary science in another jurisdiction is of a class prescribed by the regulations, the person's deemed registration is taken to be registration of the class prescribed by the regulations as the equivalent class of registration for the purposes of this Act. 34C Application of Act to veterinary practitioners with deemed registration (1) A person who has deemed registration is taken to be a veterinary practitioner for the purposes of this Act and the laws of this State. Note— Provisions in this Act relating to complaints and disciplinary action against veterinary practitioners apply to a person with deemed registration and extend to a person whose deemed registration has ceased or been suspended (see section 36). (2) However, Part 4 does not apply to a person who has deemed registration. (3) A reference in this Act to the suspension or cancellation of the registration of a veterinary practitioner is, in the case of a person with deemed registration, to be read as a reference to the suspension or cancellation of the person's deemed registration. 34D Conditions or limitations of deemed registration (1) If a person's registration as a veterinary practitioner in another jurisdiction is subject to a condition or a limitation, the person's deemed registration in New South Wales is taken to be subject to the same condition or limitation. (2) The Board may— (a) on application by the person, waive or vary a condition of a person's deemed registration if it thinks it is appropriate in the circumstances, or (b) on its own initiative by notice in writing given to the person, vary or impose a condition on the person's deemed registration. (3) The Board may vary or impose a condition on a person's deemed registration under subsection (2) (b) only if it thinks it is necessary to ensure that the authority conferred by a person's deemed registration is substantially the same as the authority conferred by the person's registration in the other jurisdiction. (4) A person with deemed registration may apply to the Tribunal for an administrative review under the Administrative Decisions Review Act 1997 of a decision by the Board under subsection (2). Note— A decision of the Tribunal determining an application under this section may be appealed to the Supreme Court directly. See Schedule 5 (Occupational Division) to the Civil and Administrative Tribunal Act 2013. 34E Suspension and cancellation of deemed registration If a person's registration as a veterinary practitioner in another jurisdiction (including deemed registration however described) is suspended or cancelled, the person's deemed registration in New South Wales may, without further investigation or hearing, be suspended or cancelled (as the case requires) on the grounds on which the registration in that other jurisdiction was suspended or cancelled. 34F Arrangements between the Board and interstate registration authorities (1) The Board may enter into an arrangement with interstate registration authorities for the purposes of establishing a national register of veterinary practitioners and for other purposes related to the recognition of veterinary practitioners registered in other jurisdictions. (2) Such an arrangement may, without limitation, involve the establishment of a national register of veterinary practitioners by the Australasian Veterinary Boards Council Inc. Part 5 Complaints and disciplinary proceedings Division 1 Interpretation 35 Definitions In this Part— complainant means a person who makes a complaint. complaint means a complaint made under this Part. disciplinary finding means a finding of unsatisfactory professional conduct or professional misconduct. professional misconduct means— (a) unsatisfactory professional conduct of a sufficiently serious nature to justify the suspension or cancellation of a veterinary practitioner's registration, or (b) any other conduct that is declared by the regulations to be professional misconduct for the purposes of this Act. unsatisfactory professional conduct means any of the following— (a) providing information relating to the veterinary practitioner's qualifications for registration knowing the information to be false or misleading in a material particular, (b) contravening 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), (c) engaging in conduct in the veterinary practitioner'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, (d) any contravention by a veterinary practitioner of the conditions of the veterinary practitioner's registration, (e) any failure by a veterinary practitioner to comply with a provision, prescribed by the regulations for the purposes of this paragraph, of the code of professional conduct in effect under section 37, (e1) any failure by a veterinary practitioner, without reasonable excuse, to comply with any continuing professional development requirements determined by the Board that are applicable to the veterinary practitioner, (f) any failure by a veterinary practitioner to supervise a person adequately in doing an act where supervision by a veterinary practitioner was required by law and the veterinary practitioner concerned undertook to provide that supervision, (g) any failure without reasonable excuse by the veterinary practitioner to comply with a direction, order or requirement of the Board, Tribunal or Supreme Court imposed on the veterinary practitioner in his or her capacity as a veterinary practitioner, (h) any failure by the veterinary practitioner to comply with the applicable requirements of the Licensing and Registration (Uniform Procedures) Act 2002, (i) any contravention by a veterinary practitioner of this Act or the regulations, (j) any conduct that demonstrates that a veterinary practitioner is not fit to practise veterinary science because the practitioner suffers from an impairment, (k) any other conduct of a veterinary practitioner that demonstrates incompetence, or a lack of adequate knowledge, skill, judgment or care in the practice of veterinary science, (l) any other improper or unethical conduct of a veterinary practitioner in the course of the practice of veterinary science, (m) any conduct that is declared by the regulations to be unsatisfactory professional conduct for the purposes of this Act. 36 Application of Part (1) A complaint about a veterinary practitioner may be made and dealt with even though the veterinary practitioner has ceased to be registered. For that purpose, a reference in this Part to a veterinary practitioner includes a reference to a person who has ceased to be registered or whose registration is suspended. (2) Despite subsection (1), the Board or the Tribunal may decide not to investigate a complaint or determine an application (or may decide to terminate an investigation or application) if the person to whom the complaint or application relates has ceased to be registered. 37 Veterinary practitioners code of professional conduct (1) The regulations may establish a veterinary practitioners code of professional conduct setting out the rules of conduct that should be observed by a veterinary practitioner in carrying on the practice of veterinary science. (2) The Board may make recommendations to the Minister with respect to the code. Division 2 Complaints 38 Persons who may make complaints (1) Any person (including the Board) may make a complaint against a veterinary practitioner in respect of the veterinary practitioner's conduct as a veterinary practitioner. (2) Complaints (other than complaints made by the Board) are to be made to the Board and are to be lodged with the Registrar. (3) The Board may direct the Registrar to provide reasonable assistance in making a complaint to a person, or a person belonging to a class of persons, specified by the Board from time to time. 38A Time limit for making complaints (1) A complaint may be made about the conduct of a veterinary practitioner irrespective of when the conduct is alleged to have occurred. (2) However, the Board is not required to investigate a complaint if the complaint is made more than 3 years after the conduct is alleged to have occurred, unless the Board determines that it is just and fair to investigate the complaint having regard to the delay and the reasons for the delay. (3) A determination by the Board under this section is final and cannot be challenged in any proceedings by the complainant or the veterinary practitioner concerned. 39 Withdrawal of complaint A complaint may be withdrawn by the complainant at any time. 40 Form of complaint (1) A complaint must be in writing, must identify the complainant and must contain particulars of the allegations on which it is founded. (2) The Board may require the complainant to provide further particulars of a complaint. (3) The Board may require the complaint and any further particulars provided to be verified by statutory declaration. (4) The Board may refuse to investigate a complaint if the complainant does not comply with a requirement of the Board under this section. 40A Protection of complainants and other persons (1) If a person makes a complaint, and does so in good faith— (a) the making of the complaint does not constitute a breach of professional etiquette or ethics or a departure from accepted standards of professional conduct, and (b) no liability for defamation is incurred because of the complaint, and (c) the making of the complaint does not constitute a ground for any other civil proceedings. (2) The protections given to a complainant by this section extend to— (a) any person who, in good faith, provided the complainant with any information on the basis of which the complaint was made, and (b) any person who, in good faith, was otherwise concerned in the making of the complaint. 41 Board to notify person against whom complaint is made (1) Written notice of the making of a complaint, the nature of the complaint, the type of unsatisfactory professional conduct or professional misconduct that the Board considers may be indicated by the complaint and the identity of the complainant is to be given by the Board to the veterinary practitioner against whom the complaint is made, as soon as practicable after the complaint is made. (2) Any such notice must invite the veterinary practitioner to make, within such period (being at least 7 days) as the Board specifies in the notice, such representations in writing to the Board with respect to the complaint as the veterinary practitioner thinks fit. (3) The Board need not give notice or may exclude from the notice any information required to be included under subsection (1) if, in the opinion of the Board, the giving of the notice or the inclusion of the information will or is likely to— (a) prejudice the investigation of the complaint, or (b) place the health or safety of a person at risk, or (c) place the complainant or another person at risk of intimidation or harassment. 42 Board to investigate complaints (1) The Board must, subject to this Part, conduct an investigation into each complaint made under this Part. (2) The Board may deal with one or more complaints about a veterinary practitioner in an investigation. (3) If during an investigation of any one or more complaints it appears to the Board that there is a matter in respect of which another complaint could have been made against the veterinary practitioner concerned, the Board may deal with the matter in its investigation as if a complaint had been made about the matter. (4) For the purposes of subsection (3), the Board may deal with a matter that could have been the subject of another complaint— (a) whether that complaint could have been made instead of or in addition to any complaint that was in fact made, and (b) whether or not that complaint could have been made by the same complainant. (5) If the Board deals with a matter in accordance with subsections (3) and (4) as if a complaint had been made in relation to the matter, the Board is to comply with section 41 (with appropriate modifications) in relation to the matter. (6) The Board may dismiss any complaint without investigation if further particulars of the complaint are not given, or the complaint or the further particulars are not verified, as required by the Board. 43 Proceedings before Board in respect of complaints (1) For the purposes of investigating or determining a complaint, the Board is not bound to observe the rules of evidence but may inform itself of any matter in such manner as it thinks fit. (2) Without limiting subsection (1), the Board may meet separately or jointly with the complainant and veterinary practitioner concerned in an attempt to resolve any issue raised by the complaint if it considers the complaint may be resolved expeditiously by doing so. (3) The Board may be assisted by any person that it considers has relevant expertise in mediation or alternative dispute resolution in any such attempt to resolve a complaint. (4) Nothing in subsection (2) or (3) operates to prejudice the rights of the complainant or veterinary practitioner concerned. 44 Power to summon witnesses and take evidence (1) For the purposes of investigating or determining a complaint, the Board may summon a person to appear before the Board to give evidence and to produce such documents (if any) as may be referred to in the summons. (2) The person presiding at a meeting of the Board concerning a complaint may require a person appearing before the Board in respect of the investigation or determination of a complaint to produce a document. (3) The Board may, in proceedings before it in respect of a complaint, take evidence on oath or affirmation and, for that purpose, a member of the Board— (a) may require a person appearing in the proceedings to give evidence either to take an oath or to make an affirmation in a form approved by the person presiding, and (b) may administer an oath to or take an affirmation from a person so appearing in the proceedings. (4) A person served with a summons to appear in any such proceedings and to give evidence must not, without reasonable excuse— (a) fail to attend as required by the summons, or (b) fail to attend from day to day unless excused, or released from further attendance, by the Board. Maximum penalty—20 penalty units. (5) A person appearing in proceedings before the Board in respect of a complaint to give evidence must not, without reasonable excuse— (a) when required to be sworn or to affirm—fail to comply with the requirement, or (b) fail to answer a question that the person is required to answer by the person presiding, or (c) fail to produce a document that the person is required to produce by this section. Maximum penalty—20 penalty units. (6) In this section, a reference to the Board includes a reference to a committee of the Board exercising functions in relation to a complaint. 44A Protection from incrimination (1) Self-incrimination not an excuse A person is not excused from answering any question, providing any information or producing a document if required to do so by the Board in any proceedings before the Board in respect of a complaint on the ground that the answer, information or document might tend to incriminate the person or make the person liable to a penalty. (2) Answer or information not admissible if objection made However, any answer given or information provided by a natural person in any proceedings before the Board in respect of a complaint is not admissible in evidence against the person in any criminal proceedings (except proceedings for an offence against section 44 or under Part 5A of the Crimes Act 1900) if— (a) the person objected at the time to doing so on the ground it might incriminate the person, or (b) the person was not warned on that occasion that the person may object to answering the question or providing the information on the ground it might incriminate the person. (3) Documents admissible Any document produced by the person in compliance with a requirement of the Board in proceedings before the Board in respect of a complaint is not inadmissible in evidence against the person in criminal proceedings on the ground that the document might incriminate the person. (4) Further information Further information obtained as a result of an answer given or information provided in compliance with a requirement of the Board in proceedings before the Board in respect of a complaint is not inadmissible in any proceedings on the ground— (a) that the answer had to be given or the information had to be provided, or (b) that the answer given or information provided might incriminate the person. 45 Powers of Board in investigation in respect of veterinary practitioners (1) For the purpose of investigating or determining any complaint, the Board may, by notice served on any veterinary practitioner, require the veterinary practitioner to do any one or more of the following— (a) provide written information, by the date specified in the notice, and to verify the information by statutory declaration, (b) produce, at a time and place specified in the notice, any document (or a copy of any document) specified in the notice, (c) otherwise assist in, or co-operate with, the investigation of the complaint in the specified manner. (2) The Board may inspect any document produced before the Board under this section and may retain it for such period as the Board thinks necessary for the purposes of an investigation in relation to which it is produced. The Board may make copies of the document or any part of the document. 45A Board may require practitioner to undergo examination (1) For the purpose of investigating or determining any complaint, the Board may, by notice given to the veterinary practitioner against whom a complaint has been made, require the practitioner to undergo an examination by a specified health practitioner at a specified time and place. (2) A veterinary practitioner must not be required to undergo an examination unless it is reasonable to require the examination. (3) The time and place for the examination must be reasonable. (4) The examination is to be at the expense of the Board. (5) A health practitioner must, as soon as possible after carrying out an examination of a veterinary practitioner under this section, give a report about the examination to the Board. (6) The Board must give a copy of such a report to the veterinary practitioner concerned as soon as possible after the Board receives the report from the health practitioner. (7) A failure by a veterinary practitioner, without reasonable cause, to comply with a requirement to undergo an examination is, for the purposes of this Act, evidence that the practitioner does not have sufficient physical or mental capacity to practise veterinary science. (8) If a health practitioner provides a report to the Board