South Australia: Veterinary Services Act 2023 (SA)

South Australia Veterinary Services Act 2023 An Act to support animal health, safety and welfare and the public interest by providing for the registration of veterinarians and premises at which veterinary services are provided, to regulate the provision of veterinary services for the purposes of maintaining high standards of competence and conduct by veterinarians, to recognise the registration of veterinarians in certain jurisdictions, to make related amendments to various Acts, to repeal the Veterinary Practice Act 2003 and for other purposes. Contents Part 1—Preliminary 1 Short title 2 Commencement 3 Interpretation 4 Application of Act Part 2—Veterinary Services Regulatory Board of South Australia Division 1—Veterinary Services Regulatory Board of South Australia 5 Continuation of Board 6 Composition of Board 7 Terms and conditions of membership 8 Direction if Board fails to carry out functions 9 Removal of all members of Board 10 Vacancies or defects in appointment of members 11 Remuneration 12 Governance training 13 Publication of appointments 14 Functions 15 Reporting on exercise of functions 16 Committees 17 Delegations 18 Procedures 19 Staff and resources 20 Application of Public Sector (Honesty and Accountability) Act 21 Power to require medical examination or report 22 Accounts and audit 23 Annual report Division 2—Executive Officer 24 Executive Officer 25 Functions 26 Delegations Part 3—Registration of veterinarians Division 1—Registers 27 Registers Division 2—Primary registration 28 Registration on general or specialist register 29 Veterinarian to inform Board of changes to certain information 30 Removal from register 31 Reinstatement on register 32 Fees and returns Division 3—Deemed registration 33 Recognition of veterinarians registered in other jurisdictions 34 Contravention of conditions of deemed registration 35 Veterinarian with deemed registration to inform Board of contact details etc Division 4—Registration in participating jurisdictions 36 Registration to be subject to conditions 37 Suspension or cancellation of registration or disqualification Division 5—Suspension or variation of registration in urgent circumstances 38 Suspension or variation of registration where veterinarian charged with certain offences or unacceptable risk to animals Part 4—Registration of premises at which veterinary services are provided 39 Registers 40 Veterinary premises standard 41 Responsible person in respect of registered premises 42 Registration by Board of premises as registered premises 43 Suspension or cancellation of registration 44 Removal from register 45 Reinstatement on register 46 Fees 47 Contravention of conditions of registration 48 Requirement to inform Board of changes Part 5—Veterinary practice Division 1—Veterinary practice 49 Veterinary services to be provided by veterinarians 50 Veterinary services must be provided at registered premises 51 Offence to carry on certain businesses other than at registered premises 52 Veterinarian to hold certain insurance Division 2—Improperly influencing veterinarians etc 53 Application of Division 54 Undue influence 55 Improper directions etc to veterinarian Division 3—Other offences relating to veterinary practice etc 56 Offence to give, offer or accept benefit for recommendation or prescription 57 Illegal holding out as veterinarian or specialist 58 Illegal holding out concerning limitations or conditions 59 Illegal holding out concerning registered premises 60 Use of certain titles or descriptions prohibited Part 6—Medical fitness to provide veterinary services 61 Medical fitness to provide veterinary services 62 Duty to report medical unfitness of veterinarian 63 Medical fitness of veterinarian 64 Proceedings before Board under Part Part 7—Complaints, investigations and proceedings Division 1—Preliminary 65 Interpretation 66 Proper cause for disciplinary action Division 2—Complaints 67 Board to establish processes for complaints 68 Making complaint about veterinarian etc 69 Assessment of complaints 70 Dismissal of certain complaints 71 Decision to take no further action Division 3—Certain complaints may be resolved by Board 72 Application etc of Division 73 Complaints that may be dealt with under Division 74 Dealing with matters by way of Board resolution 75 Duty of Executive Officer with respect to conflict of interest 76 Monitoring of Board resolutions Division 4—Investigations 77 Investigation of complaints Division 5—Disciplinary action before Tribunal 78 Hearing by Tribunal as to matters constituting grounds for disciplinary action 79 Constitution of Tribunal 80 Punishment of conduct that constitutes offence 81 No internal review by Tribunal of decision under Division etc Part 8—Inspectors 82 Guidelines 83 Inspectors 84 Functions of inspectors 85 Powers of inspectors 86 Offence to hinder etc inspector Part 9—Review of certain decisions by Tribunal 87 Review of certain decisions by Tribunal 88 Variation or revocation of conditions imposed by Tribunal Part 10—Miscellaneous 89 Exemptions 90 Contact details to be provided to Chief Executive 91 False or misleading statement 92 Procurement of registration by fraud 93 Self‑incrimination and legal professional privilege 94 Confidentiality 95 Victimisation 96 Arrangements between Board and interstate registration authorities 97 Notification of disciplinary action to interstate registration authorities 98 Evidentiary provision 99 Regulations and fee notices Schedule 1—Related amendments, repeals and transitional provisions Part 1—Amendment of Agricultural and Veterinary Products (Control of Use) Act 2002 1 Amendment of section 3—Interpretation 2 Amendment of section 11—Supply of prescribed substances prepared by veterinary surgeon 3 Amendment of section 14—Treatment of trade species animals in unauthorised manner 4 Amendment of section 16—Responsibilities of veterinary surgeon in relation to withholding periods Part 2—Amendment of Animal Welfare Act 1985 5 Amendment of section 3—Interpretation 6 Amendment of section 14A—Possession of certain items prohibited 7 Amendment of section 23—Establishment of animal ethics committees by licensee 8 Amendment of section 34B—Power of veterinary surgeons to destroy animals Part 3—Amendment of Controlled Substances Act 1984 9 Amendment of section 4—Interpretation 10 Amendment of section 13—Manufacture and packing 11 Amendment of section 15—Sale or supply to end user 12 Amendment of section 17B—Storage and sale of certain precursors 13 Amendment of section 17C—Regulation of sale of certain precursors 14 Amendment of section 18—Regulation of prescription drugs 15 Amendment of section 18A—Restriction of prescription or supply of drug of dependence in certain circumstances 16 Amendment of section 31—Application of Part 17 Amendment of section 52—Power to search, seize etc 18 Amendment of section 58—Publication of information 19 Amendment of section 60—Minister may require certain information to be given Part 4—Amendment of Dog and Cat Management Act 1995 20 Amendment of section 4—Interpretation 21 Amendment of section 45A—Miscellaneous duties relating to dogs 22 Amendment of section 62—Destruction or disposal of seized dog 23 Amendment of section 63—Power to destroy cats 24 Amendment of section 64—Power to seize and detain cats 25 Amendment of section 64D—Notification to owner of dog or cat destroyed etc under Part Part 5—Amendment of Health Care Act 2008 26 Amendment of section 31—General powers of incorporated hospital Part 6—Amendment of Health Practitioner Regulation National Law (South Australia) Act 2010 27 Amendment of section 26—Interpretation Part 7—Amendment of Livestock Act 1997 28 Amendment of section 3—Interpretation—general 29 Amendment of section 19—Requirement for registration to perform artificial breeding procedure 30 Amendment of section 27—Requirement to report notifiable conditions 31 Amendment of section 49—Claims for compensation from Fund 32 Amendment of section 68—General powers of inspectors Part 8—Repeal of Veterinary Practice Act 2003 33 Repeal of Act Part 9—Transitional provisions 34 Continuation of Board membership 35 Chair of Board 36 Deputy of member 37 Total consecutive terms of office 38 Governance training 39 Codes, standards and guidelines 40 References to Veterinary Surgeons Board of South Australia etc 41 Delegations 42 Executive Officer 43 Continuation of registers 44 Continuation of registration 45 Applications 46 Exemptions 47 Registration of premises Legislative history The Parliament of South Australia enacts as follows: Part 1—Preliminary 1—Short title This Act may be cited as the Veterinary Services Act 2023. 2—Commencement (1) This Act comes into operation on a day to be fixed by proclamation. (2) Section 27(6) of the Legislation Interpretation Act 2021 does not apply to this Act. 3—Interpretation (1) In this Act— Board means the Veterinary Services Regulatory Board of South Australia (see Part 2); Chief Executive means the Chief Executive of the administrative unit of the Public Service that is responsible for assisting a Minister in the administration of this Act; corresponding law means a law of another jurisdiction recognised by the regulations as a corresponding law under this Act; corresponding specialty, in relation to a specialty, means— (a) a specialty under a corresponding law of the same name as the specialty; or (b) a specialty under a corresponding law declared by the Board, by notice in the Gazette, to correspond to the specialty; deemed registration means registration under Part 3 Division 3; Executive Officer means the person holding or acting in the office of Executive Officer of the Board; general register—see section 27; health professional means— (a) a person who is registered in this State as a medical practitioner; or (b) a person who is registered in this State as a psychologist; or (c) any other person who belongs to a profession, or who has an occupation, declared by the Board, by notice in the Gazette, to be a profession or occupation within the ambit of this definition; inspector means a person authorised by the Board to perform the functions of an inspector under this Act; interstate registration authority means a person or body having the function of the registration of persons providing veterinary services under a corresponding law; jurisdiction means— (a) a State; or (b) a Territory; or (c) an overseas jurisdiction brought within the ambit of this definition by the regulations; legal practitioner means a person admitted and enrolled as a practitioner of the Supreme Court of South Australia; participating jurisdiction means this State or a jurisdiction in which a corresponding law is in force; primary registration means registration under Part 3 Division 2; registered premises means premises registered under Part 4; repealed Act means the Veterinary Surgeons Act 1985 or the Veterinary Practice Act 2003; responsible person in respect of registered premises—see section 41; specialist means a person registered on the specialist register; specialist register—see section 27; specialty means a branch of veterinary practice declared by the Board, by notice in the Gazette, to be a specialty; Tribunal means the South Australian Civil and Administrative Tribunal established under the South Australian Civil and Administrative Tribunal Act 2013; unprofessional conduct includes— (a) improper or unethical conduct in relation to professional practice; and (b) incompetence or negligence in relation to the provision of veterinary services; and (c) a contravention of— (i) a provision of this Act; or (ii) a code of conduct or professional standards prepared or endorsed by the Board under this Act; and (d) conduct that constitutes an offence punishable by imprisonment for 1 year or more under this or any other Act or law; and (e) conduct that constitutes an offence prescribed by the regulations; veterinarian means— (a) a person with primary registration; or (b) a person with deemed registration who provides veterinary services or engages in other conduct as a veterinarian in this State; veterinary premises register—see section 39; veterinary premises standard means the veterinary premises standard prepared or endorsed under section 40, as in force from time to time; veterinary service means a service which forms part of the practice of veterinary surgery or veterinary medicine and includes— (a) the diagnosis of a disease or physiological condition in, or an injury to, an animal; and (b) the medical treatment of an animal; and (c) the administration of an anaesthetic to an animal; and (d) the performance of an invasive or surgical procedure on an animal; and (e) the castration or spaying of an animal; and (f) the performance of a dental procedure on an animal; and (g) any other act or activity of a kind prescribed by the regulations to be a veterinary service, but does not include anything excluded from the ambit of this definition by the regulations. (2) A reference in this Act to premises will be taken to include a reference to a mobile hospital or clinic (whether a vehicle, demountable building or otherwise) in which it is intended that veterinary services will be provided (including the performance of invasive or surgical procedures on animals). (3) A reference in this Act to unprofessional conduct extends to— (a) unprofessional conduct committed before the commencement of this Act; and (b) unprofessional conduct committed within or outside South Australia or the Commonwealth. (4) For the purposes of this Act, a reference to disqualification from registration under a corresponding law is a reference to any form of prohibition from general or specialist registration or registration in a corresponding specialty under the corresponding law. (5) For the purposes of this Act, a reference to being registered on the specialist register will, in the case of a veterinarian registered in more than 1 specialty, be taken to be a reference to the registration of each such specialty. 4—Application of Act This Act is in addition to, and does not derogate from, any other Act or law. Part 2—Veterinary Services Regulatory Board of South Australia Division 1—Veterinary Services Regulatory Board of South Australia 5—Continuation of Board (1) The Veterinary Surgeons Board of South Australia continues in existence as the Veterinary Services Regulatory Board of South Australia. (2) The Board— (a) is a body corporate; and (b) has perpetual succession and a common seal; and (c) is capable of suing and being sued in its corporate name; and (d) has all the powers of an individual that are capable of being exercised by a body corporate. (3) If a document appears to bear the common seal of the Board, it will be presumed, in the absence of proof to the contrary, that the common seal of the Board was duly affixed to the document. (4) The Board is subject to the direction and control of the Minister, however the Minister must not give a direction that relates to— (a) a particular person; or (b) a particular application, complaint, investigation or proceeding; or (c) the performance by the Board of its function of determining qualifications for registration on the general register or the specialist register. 6—Composition of Board (1) The Board consists of 9 members appointed by the Governor on the recommendation of the Minister of whom— (a) 6 must be veterinarians with primary registration; and (b) 3 must be persons who are not veterinarians of whom— (i) 1 must be a legal practitioner; and (ii) 1 must have skills, knowledge and experience in accounting, business or finance; and (iii) 1 must have skills, knowledge and experience that the Minister considers appropriate to enable the member to effectively carry out the functions of the Board. (2) In recommending veterinarians with primary registration for appointment as members of the Board, the Minister should, as far as reasonably practicable, endeavour to ensure those veterinarians collectively have skills, knowledge and experience in the following areas: (a) management or governance; (b) teaching of veterinary science; (c) government agencies responsible for biosecurity (whether State or Commonwealth); (d) urban companion animal practice; (e) rural mixed or production animal practice; (f) any other area that the Minister considers appropriate to enable the member to effectively carry out the functions of the Board. (3) Before recommending veterinarians with primary registration for appointment as members of the Board, the Minister may consult with a prescribed peak body representing the veterinary profession in the State. (4) The members of the Board referred to in subsection (1)(b)— (a) must not be, or have been, registered as a veterinarian; and (b) must not work in an area relating to, or have a material interest in, veterinary services. (5) The Minister must appoint a member of the Board who is a veterinarian with primary registration with management or governance skills, knowledge and experience as the Chair of the Board, unless the Minister considers that it is appropriate to appoint another member of the Board as the Chair of the Board. (6) At least 2 of the members of the Board must be women and at least 2 must be men. (7) The Governor may appoint a person to be a deputy of a member and a person so appointed may act as a member of the Board in the absence of the member. (8) The requirements of qualification, skills, knowledge, experience and recommendation made by this section in relation to the appointment of a member extend to the appointment of a deputy of that member. 7—Terms and conditions of membership (1) A member of the Board will be appointed by the Governor on conditions, and for a term (not exceeding 3 years), determined by the Governor and specified in the instrument of appointment. (2) A member of the Board is, at the end of a term of appointment, eligible for reappointment but cannot hold office for consecutive terms that exceed 9 years in total. (3) The Governor may, at any time, remove a member of the Board from office for any reason the Governor thinks fit. (4) The office of a member of the Board becomes vacant if the member— (a) dies; or (b) completes a term of office and is not reappointed; or (c) resigns by written notice to the Minister; or (d) ceases to satisfy the qualification by virtue of which the member was eligible for appointment to the Board; or (e) is removed from office under subsection (3) or section 9. (5) If a member of the Board is a member constituting the Board for the purposes of proceedings regarding medical fitness under Part 6 and the member's term of office expires before those proceedings are completed, the member may, for the purpose of continuing and completing those proceedings, continue to act as a member of the Board. 8—Direction if Board fails to carry out functions (1) If the Minister is of the opinion that the Board has failed to carry out its functions satisfactorily, the Minister may direct the Board to carry out the function or functions the Minister considers it has failed to carry out and must provide the Board reasonable time to comply with the direction. (2) The Minister must, within 3 sitting days after giving a direction, cause a copy of the direction to be laid before each House of Parliament. 9—Removal of all members of Board (1) If the Minister is of the opinion that the Board has failed to comply with a direction under section 8, the Minister may recommend that the Governor remove all members of the Board from office. (2) If the Minister has made a recommendation under subsection (1), the Governor may, by notice in the Gazette, remove all members of the Board from office. (3) Despite any other provision of this Act, if all members of the Board are removed from office under subsection (2) the following provisions apply: (a) the Governor may, on the recommendation of the Minister, by notice in the Gazette, appoint an Administrator, on terms and conditions determined by the Governor, to carry out the functions of the Board until members of the Board are appointed in accordance with section 6; (b) the Administrator is entitled to remuneration, allowances and expenses determined by the Governor; (c) the Governor may remove a person from the office of Administrator for any reason the Governor thinks fit; (d) the office of Administrator becomes vacant if the Administrator— (i) dies; or (ii) completes a term of office; or (iii) resigns by written notice to the Minister; or (iv) is removed from office under paragraph (c); (e) the Governor may appoint a person to act as the Administrator— (i) during a vacancy in the office of Administrator; or (ii) when the Administrator is absent from, or unable to discharge, official duties; (f) the Administrator has all the functions and powers of the Board; (g) the Administrator will be taken to be the Board for the purposes of carrying out a function assigned to the Board, or exercising a power conferred on the Board, by or under this Act; (h) the Public Sector (Honesty and Accountability) Act 1995 applies to the Administrator as if the Administrator were a senior official and the Minister administering this Act were the relevant Minister; (i) in any legal proceedings, an apparently genuine document purporting to bear the common seal of the Board and the signature of the Administrator attesting the affixation of the seal will be presumed, in the absence of proof to the contrary, to have been duly executed by the Board; (j) the Administrator may continue proceedings that are before the Board at the time all members of the Board are removed from office under subsection (2). 10—Vacancies or defects in appointment of members An act or proceeding of the Board is not invalid by reason only of a vacancy in its membership or a defect in the appointment of a member. 11—Remuneration A member of the Board is entitled to remuneration, allowances and expenses determined by the Governor. 12—Governance training A member of the Board must, in accordance with any requirements set out in the regulations, complete training related to corporate governance. 13—Publication of appointments The Board must, on a website determined by the Board, publish and maintain a list of the current members of the Board which includes the following information in respect of each member: (a) name; (b) initial date of appointment; (c) current term of appointment; (d) skills, knowledge and experience (as required by section 6). 14—Functions (1) The functions of the Board include— (a) to determine applications for registration for the purposes of this Act; and (b) to recognise courses of education or training that provide qualifications for registration on the general register or the specialist register; and (c) to determine the requirements necessary for registration on the general register or the specialist register; and (d) to determine the specialties in which a person may be registered on the specialist register; and (e) to prepare or endorse codes of conduct, professional standards and guidelines for the purposes of this Act; and (f) to prepare or endorse standards relating to minimum requirements for registered premises; and (g) to receive and deal with complaints made about the conduct of veterinarians; and (h) to provide advice to the Minister as may be appropriate or requested by the Minister; and (i) to provide information and advice to veterinarians and the public about relevant legislation, codes of conduct, professional standards and other standards and guidelines prepared or endorsed by the Board; and (j) to confer and collaborate with other veterinary regulatory authorities to ensure effective national exchange of information and promote uniformity and consistency in the regulation of veterinarians within Australia; and (k) to carry out other functions assigned to the Board by or under this Act or by the Minister. (2) The Board must ensure that applications for registration under this Act are determined in a timely and efficient manner. (3) In recognising a course of education or training, the Board may act on the recommendation of the Australasian Veterinary Boards Council Incorporated relating to the course. (4) If the Board prepares or endorses a code of conduct, professional standard, veterinary premises standard or guidelines under subsection (1), or varies, substitutes or revokes such a code, standard or guidelines, the Board must— (a) consult on the proposed code, standard or guidelines, or variation, substitution or revocation (as the case requires), with veterinarians, a prescribed peak body representing the veterinary profession in the State or relevant stakeholders in accordance with a scheme determined by the Board and approved by the Minister (which, in the case of varying or revoking a code, standard or guidelines, may provide that no consultation is required); and (b) cause an up-to-date copy of the code, standard or guidelines to be published in the Gazette and on a website determined by the Board; and (c) advise veterinarians of the new or updated code, standard or guidelines within 30 days after it is prepared, endorsed, varied or substituted (as the case requires). (5) The Board must review and, if necessary, update a code of conduct, professional standard, veterinary premises standard or guidelines under subsection (1) at least once every 5 years. (6) Proof of compliance with subsections (4) and (5) is not necessary for the purposes of any proceedings that involve an alleged contravention of a code of conduct or professional standard. (7) The Board must provide to the Minister (in a manner and form specified by the Minister) such information, records or other documents relating to any aspect of the functions or operations of the Board as the Minister may from time to time require. (8) The Board must exercise its functions under this Act with the object of supporting animal health, safety and welfare and the public interest by achieving and maintaining high professional standards both of competence and conduct in the provision of veterinary services in this State. 15—Reporting on exercise of functions (1) The Minister may, in writing, request a written report from the Board about the exercise of the Board's functions. (2) The request may be for a report into the Board's functions generally or in relation to a specified matter. (3) The Board must provide a report under this section within the time the Minister reasonably requires. 16—Committees (1) The Board may establish committees— (a) to advise the Board on any matter; or (b) to carry out functions on behalf of the Board. (2) The membership of a committee will be determined by the Board and may, but need not, consist of, or include, members of the Board. (3) The Board will determine who will be the chair of a committee. (4) The procedures to be observed in relation to the conduct of the business of a committee will be— (a) as determined by the Board; or (b) insofar as a procedure is not determined under paragraph (a)—as determined by the committee. (5) A member of a committee is entitled to such remuneration, allowances and expenses (if any) as may be determined by the Minister. 17—Delegations (1) The Board may delegate any of its functions under this Act other than a prescribed function. (2) A delegation under this section— (a) may be made— (i) to a member of the Board, the Executive Officer or a member of staff of the Board; or (ii) to a committee established by the Board; and (b) must be in writing; and (c) may be made subject to conditions and limitations specified in the instrument of delegation; and (d) is revocable at will and does not derogate from the power of the Board to act in a matter. (3) A delegation under this section must be provided to members of the Board and the Minister within 7 days after it is made. 18—Procedures (1) Subject to this Act, a quorum of the Board consists of one half of the total number of its members (ignoring any fraction resulting from the division) plus 1. (2) One of the members constituting a quorum must be a person who is not a veterinarian. (3) A meeting of the Board (other than for the purposes of hearing and determining proceedings regarding medical fitness under Part 6) will be chaired by the Chair of the Board or, in their absence, the members present at a meeting of the Board must choose 1 of their number to chair the meeting. (4) A decision carried by a majority of the votes cast by members of the Board at a meeting is a decision of the Board. (5) Each member present at a meeting of the Board has 1 vote on any question arising for decision and, except in hearing and determining proceedings regarding medical fitness under Part 6, the member presiding at the meeting may exercise a casting vote if the votes are equal. (6) A video or telephone conference between the members of the Board will, for the purposes of this section, be taken to be a meeting of the Board at which the participating members are present if— (a) notice of the conference is given to all members in the manner determined by the Board for the purpose; and (b) each participating member is capable of communicating with every other participating member during the conference. (7) A proposed resolution of the Board becomes a valid decision of the Board despite the fact that it is not voted on at a meeting of the Board if— (a) notice of the proposed resolution is given to all members of the Board in accordance with procedures determined by the Board; and (b) a majority of the members express concurrence in the proposed resolution in writing setting out the terms of the resolution. (8) However, subsections (6) and (7) do not apply in relation to the hearing and determination of proceedings regarding medical fitness under Part 6 by the Board as constituted for the purposes of proceedings under that Part. (9) The Board must have accurate minutes kept of its meetings and provide a copy of the minutes, and any written resolutions, to members. (10) Subject to this Act, the Board may determine its own procedures. 19—Staff and resources (1) There will be such staff of the Board as the Board thinks necessary for the proper performance of its functions. (2) A member of the staff of the Board is not, as such, a member of the Public Service, but the Board may employ a person who is on leave from employment in the Public Service or with an instrumentality or agency of the Crown. (3) The Board may, with the approval of the Minister administering an administrative unit of the Public Service, make use of the services, facilities or officers of that unit. 20—Application of Public Sector (Honesty and Accountability) Act (1) The Public Sector (Honesty and Accountability) Act 1995 applies to a member of a committee of the Board as if the committee were an advisory body and the Minister responsible for the administration of this Act were the relevant Minister. (2) A member of the Board or a committee of the Board will not be taken to have a direct or indirect interest in a matter for the purposes of the Public Sector (Honesty and Accountability) Act 1995 by reason only of the fact that the member has an interest in a matter that is shared in common with veterinarians generally, or a substantial section of veterinarians. 21—Power to require medical examination or report (1) The Board may, for any purpose associated with the administration or operation of this Act, require a veterinarian or a person who is applying for registration or reinstatement of registration as a veterinarian to— (a) submit to an examination by a health professional, or by a health professional of a class, specified by the Board; or (b) provide a medical report from a health professional, or from a health professional of a class, specified by the Board, (including an examination or report that will require the person to undergo some form of medically invasive procedure). (2) If a veterinarian fails to comply with a requirement made under subsection (1), the Board may suspend the person's registration until further order of the Board. 22—Accounts and audit (1) The Board must keep proper accounting records in relation to its financial affairs, and must have annual statements of account prepared in respect of each financial year. (2) The accounts must be audited at least once in every year by an auditor approved by the Auditor‑General and appointed by the Board. (3) The Auditor‑General may, at any time, audit the accounts of the Board. 23—Annual report (1) The Board must, on or before 30 September in each year, deliver to the Minister a report on the administration of this Act and the work of the Board during the financial year ending on the preceding 30 June. (2) The report must— (a) incorporate the audited accounts of the Board for the relevant financial year; and (b) include details of each delegation made under section 17 in the relevant financial year or which is in operation at the end of the relevant financial year; and (c) include details of any Ministerial direction under this Act and any action taken by the Board in response to such a direction; and (d) include the following information in respect of complaints received about the conduct of veterinarians under this Act: (i) the number of complaints received by the Board in the relevant financial year; (ii) the number of complaints received by the Board in a previous financial year that were ongoing in the relevant financial year; (iii) the number of complaints finalised (including by dismissal, decision to take no further action, Board resolution and order of the Tribunal) in the relevant financial year; (iv) the average time taken for complaints referred to in subparagraph (iii) to be finalised; (v) the number of complaints dealt with in the relevant financial year that were ongoing for more than 6 months, 12 months or 18 months; and (e) include any other information required by or under this Act. (3) The Minister must, within 12 sitting days after receiving a report under this section, have copies of the report laid before both Houses of Parliament. Division 2—Executive Officer 24—Executive Officer (1) There will be an Executive Officer of the Board. (2) The Executive Officer will be appointed by the Board on conditions, and for a term, determined by the Board. (3) The Executive Officer is, at the end of a term of appointment, eligible for reappointment. 25—Functions The functions of the Executive Officer include— (a) to establish and maintain the registers contemplated by this Act; and (b) to manage the staff of the Board; and (c) to give effect to the policies and decisions of the Board; and (d) to receive referrals from the Board of certain complaints made about the conduct of veterinarians and to deal with them in accordance with Part 7 Division 3; and (e) to carry out other functions assigned to the Executive Officer by or under this Act or by the Minister or the Board. 26—Delegations (1) The Executive Officer may delegate any of their functions under this Act other than a prescribed function. (2) A delegation under this section— (a) may be made— (i) to a specified person or body; or (ii) to a person occupying or acting in a specified office or position; and (b) must be in writing; and (c) may be made subject to conditions and limitations specified in the instrument of delegation; and (d) is revocable at will and does not derogate from the power of the Executive Officer to act in a matter. (3) A delegation under this section must be provided to members of the Board within 7 days after it is made. Part 3—Registration of veterinarians Division 1—Registers 27—Registers (1) The Executive Officer must keep and maintain the following registers: (a) a general register; (b) a specialist register; (c) a register of persons who have been removed from the general register or specialist register under this Act or a repealed Act; (d) a register of persons whose deemed registration has been affected by a decision of the Board or who have been disqualified by the Board from deemed registration. (2) The general and specialist registers must include, in relation to each person entered on the register— (a) the person's full name and business address; and (b) the qualifications for registration held by the person; and (c) in the case of a person registered on the specialist register, the specialty in which the person is registered; and (d) particulars of any limitation or condition of the person's registration; and (e) particulars of any decision of the Board— (i) waiving or modifying restrictions, limitations or conditions imposed on the person's registration under a corresponding law; or (ii) waiving any suspension, cancellation or disqualification imposed on the person's registration or the person under a corresponding law, (being a registration that is deemed registration); and (f) any other information required by the regulations, and may include other information as the Board thinks fit. (3) The register of persons who have been removed from the general register or specialist register under this Act or a repealed Act— (a) must not include any person who is dead; and (b) must include, in relation to each person on the register, a statement of— (i) the register from which the person was removed; and (ii) the general reason for removal of the person; and (iii) the date of removal; and (iv) in the case of removal consequent on suspension or disqualification—the duration of the suspension or disqualification; and (c) must have deleted from it all information relating to any person who has been reinstated on each register from which the person was removed. (4) The register of persons whose deemed registration has been affected by a decision of the Board or who have been disqualified by the Board from deemed registration under this Act— (a) must include, in relation to each person on the register— (i) the person's full name and business address; and (ii) the registration or specialty affected by the decision; and (iii) the date of the decision; and (iv) the reasons for and the terms of the decision, including— (A) any conditions imposed by the Board; and (B) any waiver or modification by the Board of restrictions, limitations and conditions imposed under a corresponding law; and (C) any suspension, cancellation or disqualification imposed by the Board; and (D) any waiver by the Board of a suspension, cancellation or disqualification under a corresponding law; and (b) must have deleted from it all information relating to a person if the Board's decision has ceased to be operative. (5) The Executive Officer is responsible to the Board for the form and maintenance of the registers. (6) The Executive Officer must correct an entry in a register that is not, or has ceased to be, correct. (7) The registers may be kept in conjunction with any other register kept under this Act, or a register kept under a corresponding law. (8) Subject to subsection (9), a copy of the registers must be published on a website determined by the Board. (9) The Executive Officer may, on application, on their own initiative or at the direction of the Board, exempt information from inclusion in the copy of the register published on a website if satisfied that the information consists of information the disclosure of which would be inappropriate for any reason. Division 2—Primary registration 28—Registration on general or specialist register (1) The Board may, on an application made in accordance with this Act, grant primary registration to the applicant if the Board is satisfied that the applicant is eligible for such registration. (2) Subject to this Act— (a) general registration under this Act authorises the person to provide veterinary services; and (b) specialist registration under this Act authorises the person to provide veterinary services in the specialty in which they are registered or taken to be registered. (3) A person cannot be on the specialist register unless the person is also on the general register. (4) Subject to this Act, an individual is eligible for registration on the general register, and an individual registered on the general register is eligible for registration on the specialist register in a particular specialty, if they satisfy the Board that— (a) they— (i) have qualifications recognised by the Board for the purposes of registration on the register to which the application relates; and (ii) have met the requirements determined by the Board to be necessary for the purposes of registration on that register; and (iii) are medically fit to provide veterinary services as a veterinarian; and (iv) are a fit and proper person to be registered on that register; and (b) they are, unless exempted by the Board, insured in accordance with this Act; and (c) they have, or propose to have, their principal place of residence in this State. (5) For the purposes of subsection (4)(a)(i), a person will be taken to have the qualifications recognised by the Board for the purposes of registration on a register to which the application relates if that person is recognised by the educational institution at or through which they are obtaining the qualifications as having completed the academic requirements for those qualifications, but has not yet had the relevant academic award conferred upon them. (6) An application for registration must— (a) be made to the Board in the manner and form approved by the Board; and (b) be accompanied by the prescribed fee. (7) An applicant for registration must, if the Board so requires— (a) provide the Board with specified information to enable the Board to determine the application; and (b) verify, by statutory declaration, information furnished for the purposes of the application. (8) The Board may require an applicant for registration— (a) to submit a medical report or other evidence acceptable to the Board as to the applicant's medical fitness to provide veterinary services as a veterinarian; or (b) to obtain additional qualifications or experience specified by the Board before the Board determines the application. (9) The Board may, by notice in writing, impose conditions on a person's registration. (10) The Board may, at any time, on its own initiative by written notice to a person with primary registration or on application by a person with primary registration, vary or revoke a condition imposed by the Board on the person's registration. (11) If a person who applies for registration, or reinstatement of registration, on a particular register or in a particular specialty— (a) does not, in the opinion of the Board, have the necessary qualifications or experience required for registration on that register or in that specialty; or (b) is not, in the opinion of the Board, medically fit to provide veterinary services as a veterinarian; or (c) is not, in the opinion of the Board, a fit and proper person to be registered on that register; or (d) does not, and does not propose to, have their principal place of residence in a participating jurisdiction but is visiting, or proposes to visit, this State, the Board may register the person on that register or in that specialty under this subsection (limited registration)— (e) in order to enable the person— (i) to do whatever is necessary to become eligible for full registration under this Act; or (ii) to teach or to undertake research or study in this State; or (iii) to provide veterinary services or engage in other conduct as a veterinarian while visiting this State; or (f) if paragraph (a) applies but the person, in the opinion of the Board, has appropriate qualifications or experience in a particular area of veterinary practice obtained in an overseas jurisdiction—in order to enable the person to provide veterinary services or engage in other conduct as a veterinarian in that area of veterinary practice while residing in or visiting this State; or (g) if, in its opinion, it would otherwise be in the public interest to do so. (12) In registering a person under subsection (11), the Board may impose 1 or more of the following conditions on the registration: (a) a condition restricting the places or times at which the person may provide veterinary services as a veterinarian; (b) a condition limiting the kind of veterinary services that the person may provide as a veterinarian; (c) a condition limiting the kind of animal in relation to which the person may provide veterinary services as a veterinarian; (d) a condition limiting the period during which the registration will have effect; (e) a condition requiring that the person be supervised in the provision of veterinary services as a veterinarian by a particular person or by a person of a particular class; (f) such other conditions as the Board thinks fit. (13) If it appears likely to the Executive Officer that the Board will grant an application for registration, the Executive Officer may provisionally register the applicant (provisional registration). (14) Provisional registration remains in force until the Board determines the application. (15) The registration by the Board under this Act of a person who was provisionally registered has effect from the commencement of the provisional registration. (16) In the case of a veterinarian who— (a) is registered but is not practising; and (b) is intending to transition to practising, it will be taken to be a condition of their registration that they must comply with any reasonable requirements of the Board relating to that transition. (17) The Board must publish the requirements referred to in subsection (16) on a website determined by the Board. (18) The Board may refuse to determine an application for registration until any complaint made against the applicant under a corresponding law has been finally determined. (19) A person who contravenes a condition imposed by the Board under this Act on the person's registration is guilty of an offence. Maximum penalty: $20 000 or imprisonment for 6 months. 29—Veterinarian to inform Board of changes to certain information A veterinarian with primary registration must, within 3 months after changing their name, telephone number, email address or personal or business address, inform the Board in writing of the change. Maximum penalty: $250. 30—Removal from register (1) The Executive Officer must, on application by a person, remove the person from the register or registers specified in the application. (2) The Executive Officer must remove from a register a person— (a) who dies; or (b) who ceases to hold a qualification required for registration on that register; or (c) who ceases for any other reason to be entitled to be registered on that register; or (d) whose registration on that register has been suspended or cancelled under this Act. (3) If a person who is on the specialist register is removed from the general register, the person must also be removed from the specialist register. (4) The Executive Officer may act under subsection (2) or (3) without giving prior notice to the relevant person. (5) Without limiting subsection (2), the Executive Officer must suspend the registration of a person if the Tribunal has determined that the registration should be suspended pending the outcome of any disciplinary proceedings under Part 7 Division 5. (6) If the Board is of the opinion that a person with registration under this Division should instead have registration under a corresponding law because the person's principal place of residence is in another participating jurisdiction, the Board may direct the Executive Officer to remove the person from a register. (7) However, before the Board gives a direction under subsection (6), the person must be given at least 28 days notice in writing of the proposed removal and the Board must consider any submissions made in response to the notice. 31—Reinstatement on register (1) A person who has been removed from a register under this Act— (a) on their application; or (b) on account of failure to pay the prescribed practice fee or to furnish the return required under section 32; or (c) on account of the person ceasing to hold a qualification required for registration on that register or otherwise ceasing to be entitled to be registered on that register; or (d) on account of failure to pay a fine imposed on the person by the Tribunal under this Act, may apply to the Board at any time for reinstatement on the appropriate register. (2) A person whose registration under this Division has been suspended may apply to the Board for reinstatement on the register. (3) However, subsection (2) does not apply— (a) in the case of an order for suspension for a specified period made in disciplinary proceedings under Part 7 Division 5—until after the expiry of that period; or (b) in relation to a person whose registration is suspended under section 38. (4) A person who has been disqualified from primary registration may, subject to the terms of the order for disqualification, apply to the Board for reinstatement on the appropriate register. (5) An application for reinstatement must— (a) be made to the Board in the manner and form approved by the Board; and (b) be accompanied by the prescribed fee. (6) An applicant for reinstatement must, if the Board so requires— (a) provide the Board with specified information to enable the Board to determine the application; and (b) verify, by statutory declaration, information furnished for the purposes of the application. (7) The Board may require an applicant for reinstatement— (a) to submit a medical report or other evidence acceptable to the Board as to the applicant's medical fitness to provide veterinary services as a veterinarian; or (b) to obtain additional qualifications or experience specified by the Board before the Board determines the application. (8) Subject to this section, the Board must reinstate an applicant on the appropriate register if satisfied that the applicant is eligible for registration on that register. (9) However, the Board may refuse to reinstate the applicant on a register until all complaints (if any) made or lodged in respect of the applicant under this Act have been finally disposed of. 32—Fees and returns (1) Subject to this Act, a person will not be granted registration under this Division, nor will registration under this Division be reinstated, until the prescribed fee for registration or reinstatement (as relevant), and the prescribed practice fee, have been paid. (2) A person with registration under this Division must, in each year before the date fixed for that purpose by the Board— (a) pay to the Board the prescribed practice fee; and (b) furnish the Board with a return, in a form approved by the Board, containing all information specified in the return relating to the provision of veterinary services, or the undertaking of any course of continuing professional development, by the person (in or outside this State) during the preceding year or to any other matter relevant to the person's registration under this Act or a corresponding law. (3) The Board may, without further notice, remove from a register a person who fails to pay the prescribed practice fee, or furnish a return, required under this section by the due date. Division 3—Deemed registration 33—Recognition of veterinarians registered in other jurisdictions (1) Subject to this Act, an individual will, in relation to providing veterinary services or engaging in other conduct as a veterinarian in this State, be taken to be registered under this Act (referred to in this Act as deemed registration) if— (a) the person's principal place of residence is another jurisdiction; and (b) the other jurisdiction is a participating jurisdiction; and (c) the person is registered under the corresponding law of that other jurisdiction (being registration that corresponds to primary registration); and (d) the person does not hold primary registration. (2) Subject to this Act, deemed registration authorises the person to provide veterinary services or veterinary services in the specialty in which they are taken to be registered (as the case requires). (3) For the purposes of subsection (1), a person's principal place of residence includes any jurisdiction which was, in the last 3 months, the person's principal place of residence. (4) An individual with registration under a corresponding law of a kind recognised by the regulations as corresponding to registration on the specialist register under this Act will be taken to be registered on the specialist register under this Act in each specialty that is a corresponding specialty and in which the person has registration under the corresponding law (insofar as registration under the corresponding law corresponds to primary registration). 34—Contravention of conditions of deemed registration A person who contravenes a condition of the person's deemed registration is guilty of an offence. Maximum penalty: $20 000 or imprisonment for 6 months. 35—Veterinarian with deemed registration to inform Board of contact details etc (1) A person with deemed registration must provide their name, telephone number, email address and personal and business address to the Board within 1 month of providing veterinary services or engaging in other conduct as a veterinarian in this State. Maximum penalty: $250. (2) A person who has provided the Board with information in accordance with subsection (1) must, within 3 months after changing their name, telephone number, email address or personal or business address, inform the Board in writing of the change. Maximum penalty: $250. Division 4—Registration in participating jurisdictions 36—Registration to be subject to conditions (1) If, under a corresponding law, a person's registration is or is made subject to a restriction, limitation or condition, the person's registration under this Act is subject to a condition to the same effect. (2) The Board may— (a) on application by the person, waive or modify any such restriction, limitation or condition if it thinks it appropriate in the circumstances; or (b) on its own initiative by written notice to the person, modify any such restriction, limitation or condition if it thinks it necessary to do so for the application of the restriction, limitation or condition in this State. (3) The Board may, on its own initiative by written notice to a person with deemed registration, impose conditions on the registration if it thinks it appropriate in the circumstances. (4) The Board may, at any time, on its own initiative by written notice to a person with deemed registration or on application by a person with deemed registration, vary or revoke a condition imposed by the Board on the person's registration. (5) The Board may stipulate that a waiver or modification is only to apply on the fulfilment of specified conditions. 37—Suspension or cancellation of registration or disqualification (1) If, under a corresponding law, a person's general or specialist registration or registration in a particular specialty is suspended or cancelled, the registration of the person under this Act is suspended or cancelled on the same terms as apply under the corresponding law. (2) If, under a corresponding law, a person is disqualified from general registration, specialist registration or registration in a corresponding specialty, the person is disqualified from registration under this Act on the same terms as apply to the disqualification under the corresponding law. (3) The Board may, on application by a person whose registration has been suspended or cancelled under a corresponding law or who has, under a corresponding law, been disqualified from registration, waive the suspension, cancellation or disqualification if it thinks it appropriate in the circumstances. (4) The Board may stipulate that a waiver is only to apply on the fulfilment of specified conditions. (5) The effect of a waiver is as follows: (a) if suspension of registration under a corresponding law is waived by the Board— (i) in the case of a person with primary registration—the person is taken to be reinstated on the relevant register; or (ii) in the case of a person with deemed registration—Division 3 applies to the registration as if the person's registration under the corresponding law had not been suspended; (b) if cancellation of registration under a corresponding law is waived by the Board— (i) in the case of a person with primary registration—the person is taken to be reinstated on the relevant register; or (ii) in the case of a person with deemed registration—Division 3 applies to the registration as if the person's registration under the corresponding law had not been cancelled; (c) if disqualification from registration under a corresponding law is waived by the Board— (i) in the case of a person who had primary registration—the person is taken not to be disqualified; or (ii) in the case of a person who had deemed registration—Division 3 applies to the registration as if the person's registration under the corresponding law had been reinstated and the person were not disqualified. (6) If, as a consequence of a waiver under this section, a person has deemed registration under this Act but does not have registration under a corresponding law, the person must pay to the Board the prescribed practice fee (being the fee prescribed for the purposes of section 32(2)) and furnish the Board with a return as if the person had primary registration and, if the person fails to do so by the due date, the Board may, by written notice to the person, suspend the person's deemed registration under this Act until the fee is paid or the return furnished (as the case requires). Division 5—Suspension or variation of registration in urgent circumstances 38—Suspension or variation of registration where veterinarian charged with certain offences or unacceptable risk to animals (1) The Board may, by notice in writing served personally on a veterinarian— (a) suspend the registration of the veterinarian; or (b) vary the conditions of the veterinarian's registration (including by imposing conditions), if— (c) the Board becomes aware that the veterinarian has been charged with a prescribed offence; or (d) the Board reasonably suspects that the veterinarian poses an unacceptable risk to animals. (2) However, the Board cannot take action under this section in relation to a matter that may be dealt with under Part 7 Division 3. (3) The Board must, not later than 60 days after a notice is served on a veterinarian under subsection (1) and at least once in each further 60 day period, review the suspension or variation (as the case requires) and may, on completion of the review— (a) confirm the suspension or variation; or (b) cancel the suspension or variation. (4) If the Board refuses or fails to conduct a review within the period required under subsection (3), the suspension or variation (as the case requires) will, by force of this subsection, be taken to be cancelled at the end of that period. (5) If the Board is satisfied that the action taken under subsection (1) is no longer necessary or appropriate, the Board must cancel the suspension or variation imposed under that subsection. (6) Subject to this section, a suspension or variation under this section has effect until— (a) if an investigation is commenced under section 77 in respect of the matter to which the suspension or variation relates— (i) if the Board determines that there is proper cause for disciplinary action against the veterinarian in relation to the matter—the matter is dealt with under Part 7 Division 5; or (ii) if the Board determines that there is no proper cause for disciplinary action against the veterinarian in relation to the matter—that determination; or (b) 120 days after the day on which the last charge of a prescribed offence to which the suspension or variation relates has been withdrawn or finally determined by a court; or (c) it is cancelled under subsection (3), (4) or (8), whichever occurs first. (7) This section applies— (a) in relation to conduct occurring before or after the commencement of this section; or (b) whether the veterinarian was charged with the relevant prescribed offence before or after the commencement of this section. (8) The Board may, on application, or by written notice at any time (including on a review by the Board under subsection (3)), cancel a suspension, or vary or cancel a condition varied or imposed on the registration of a veterinarian, under this section. (9) For the purposes of this section, the Board— (a) is not (except in a review under subsection (3)) required to provide procedural fairness; and (b) is not bound by the rules of evidence and may inform themselves on any matter as they think fit; and (c) may, subject to this Act, determine its own procedures. Part 4—Registration of premises at which veterinary services are provided 39—Registers (1) The Executive Officer must keep the following registers: (a) a veterinary premises register; (b) a register of premises that have been removed from the veterinary premises register under this Act. (2) The registers may be kept in conjunction with 1 or more registers kept under corresponding laws. (3) The veterinary premises register must include, in relation to each premises— (a) the name of the business carried on, or proposed to be carried on, at the premises; and (b) the address of the premises (if relevant); and (c) particulars of any limitation or condition of the premises' registration; and (d) the nature of the veterinary services to be provided at the premises; and (e) the name of the responsible person in respect of the premises; and (f) any other information prescribed by the regulations, and may include any other information the Board thinks fit. (4) Subject to subsection (5), a copy of the registers must be published on a website determined by the Board. (5) The Executive Officer may, on application, on their own initiative or at the direction of the Board, exempt information from inclusion in the copy of the register published on a website if satisfied that the information consists of information the disclosure of which would be inappropriate for any reason. 40—Veterinary premises standard (1) The Board must prepare or endorse standards relating to minimum requirements for registered premises (the veterinary premises standard). (2) A requirement in the veterinary premises standard may relate to registered premises generally, to a class of registered premises or to registered premises at which a particular veterinary service or class of veterinary services is provided. (3) Without limiting the matters that may be included in the veterinary premises standard, the standard must contain requirements relating to mobile hospitals and clinics. 41—Responsible person in respect of registered premises (1) There is to be a responsible person in respect of each registered premises. (2) The responsible person in respect of registered premises is— (a) in the case of premises owned or occupied by an individual—that person; or (b) in the case of premises owned or occupied by an entity—the individual from time to time nominated by the entity in accordance with any requirements set out in the regulations as the responsible person in respect of the premises. 42—Registration by Board of premises as registered premises (1) Subject to this Act, premises are eligible for registration by the Board on the veterinary premises register if the Board is satisfied that— (a) the premises— (i) meet the minimum requirements for premises of the relevant kind in the veterinary premises standard; or (ii) meet the requirements of a scheme approved by the Board; and (b) the premises will be used for the provision of veterinary services in accordance with this Act; and (c) there is a responsible person in respect of the premises; and (d) any other requirements determined by the Board to be necessary for registration are met in relation to the premises. (2) An application for registration under this Part must— (a) be made to the Board in the manner and form approved by the Board; and (b) be accompanied by the prescribed fee. (3) An applicant for registration under this Part must, if the Board so requires— (a) provide the Board with specified information to enable the Board to determine the application; and (b) verify, by statutory declaration, informat