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