Veterinarians Regulations 1994

These Regulations may be cited as the Veterinarians

Regulations 1994.

These Regulations shall come into operation on the commencement of the Veterinarians Act 1994.

The common seal of the Board must be inscribed, within a 5 centimetre circle, with the words "Veterinary Board, Northern Territory" together with an emblem representing a centaur bearing a caduceus within an outline of the Territory.

(1) For section 11(1)(c) of the Act, the prescribed qualifications are specified in Schedule 1.

(2) For section 11(1)(d) of the Act, the prescribed documents required to accompany an application are:

(a) a statutory declaration by the applicant in accordance with subregulation (3); and

(ii) if there is no such body, or the applicant is unable to obtain such a letter from the body – from a person acceptable to the Board.

(a) whether the applicant has at any time been refused authorisation, by registration, licence or otherwise, to provide veterinary services in a State or Territory of the Commonwealth, or in a place outside the Commonwealth and if so, by whom, when and for what reason; and

(b) whether the applicant is, or has at any time been, authorised by registration, licence or otherwise, to provide veterinary services in a State or Territory of the Commonwealth, or in a place outside the Commonwealth and if so, by whom and when; and

(c) whether authorisation referred to in paragraph (b) has at any time been cancelled, suspended, or subjected to a condition or variation of a condition and if so, when and for what reason; and

(d) whether, under a law regulating the provision of veterinary services in a State or Territory of the Commonwealth or in a place outside the Commonwealth, the applicant has at any time been reprimanded or cautioned and if so, by whom, when and for what reason; and

(e) whether, under a law regulating the provision of veterinary services in a State or Territory of the Commonwealth or in a place outside the Commonwealth, the applicant is the subject of an investigation relating to his or her professional conduct or any other matter and if so, by whom and in respect of what conduct or other matter; and

(f) whether a claim for damages or other compen­sation for or in respect of alleged negligence or other misconduct in the provision of veterinary services has been made against the applicant during the 2 years immediately preceding the date of the application and if so, the nature of the negligence or other misconduct alleged and, unless still in dispute, the outcome of the claim; and

(g) whether the applicant has at any time been convicted in the Territory of an indictable offence, or convicted elsewhere of an offence that would have been an indictable offence had it been committed in the Territory and if so, when, where and the nature of the offence; and

(h) whether the applicant has at any time been convicted, in the Territory or elsewhere, of an offence against the Act or any other law relating to the provision of veterinary services and if so, when, where and the nature of the offence; and

(j) whether the applicant has at any time been convicted, in the Territory or elsewhere, of an offence against a law prohibiting or regulating the possession, sale, use or supply of, or other dealing in, a poison, drug or similar substance and if so, when, where and the nature of the offence; and

(k) whether the applicant has at any time been convicted, in the Territory or elsewhere, of an offence against a law relating to the welfare of, or the prevention of cruelty to, animals and if so, when, where and the nature of the offence.

(4) For subregulation (2)(b)(ii), the appropriate body in relation to an applicant is:

(a) the body responsible for registering, licensing or otherwise authorising a person to practise veterinary surgery or medicine in the place, whether a State or other Territory of the Commonwealth or a place outside the Commonwealth in which the applicant has most recently practised otherwise than on a temporary basis; or

(b) the university or institution that conferred the qualification or certificate of completion of examination where the applicant has not previously practised veterinary surgery or medicine or has practised on a temporary basis.

(1) For section 20 of the Act, an entry in the Register for registration of a person as a veterinarian must include the following:

(e) where the registration under section 13 or limited registration under section 16 of the Act, or interim registration authorised on an application for registration under section 17 of the Act – the qualification in Schedule 1 on which the registration is founded;

(f) where the registration is under section 13(1)(a) of the Act, or interim registration authorised on an application for registration by virtue of section 17 of the Act:

(i) the person's professional qualifications as stated in his or her application for registration; and

(ii) in conjunction with the words "Supporting registration", the name of the State or other Territory of the Commonwealth in which the registration is founded;

(g) where the registration is limited – the limitations to which it is subject;

(2) Subject to subregulation (3), the entry to be made in the Register for the registration of a person as a veterinary specialist under section 15 of the Act must be a note setting out:

(a) particulars of registration as a veterinary specialist under section 15 or interim registration as a veterinary specialist under section 17 of the Act;

(b) the branch of veterinary surgery or medicine in which the person is registered as a specialist;

(c) a professional qualification stated in the person's application for registration that is not already noted on the Register;

(d) in conjunction with the words "Supporting registration", the name of the State or other Territory of the Commonwealth in which the registration is founded; and

(3) The entry to be made for the registration as a veterinarian or veterinary specialist of a person who already has interim registration is a note against the existing entry stating:

(1) For the definition veterinary services in section 3 of the Act, the following services are not veterinary services:

(b) castrating cattle, buffalo or camels that are less than 12 months old;

(f) vaccinating animals kept in the course of primary production with a registered veterinary chemical product in accordance with the label;

(g) implanting cattle with a hormonal growth promotant that is a registered veterinary chemical product in accordance with the label;

(h) pregnancy testing of cattle or buffalo by rectal examination or another technique approved by the Chief Inspector;

(i) treatment of internal or external parasites except by naso‑gastric intubation;

(j) spaying cattle using the Willis Dropped Ovary Technique with the written approval of the Chief Inspector;

(k) non‑surgical artificial insemination of cattle, sheep, goats or pigs;

(l) cleaning and rasping the teeth of horses with a manual tooth rasp;

label, see section 4 of the Agricultural and Veterinary Chemicals (Control of Use) Act 2004.

registered veterinary chemical product, see section 4 of the Agricultural and Veterinary Chemicals (Control of Use) Act 2004.

(i) a registered veterinarian has examined the animal before the treatment is undertaken; and

(ii) the treatment is carried out under the direct supervision of the veterinarian; or

(i) a substance in accordance with an authorisation under the Medicines, Poisons and Therapeutic Goods Act 2012;

(ii) a registered or unregistered veterinary chemical product in accordance with the Agricultural and Veterinary Chemicals (Control of Use) Act 2004; or

(c) the administration by a person of a Schedule 4 substance as defined in the Medicines, Poisons and Therapeutic Goods Act 2012, to an animal where a registered veterinarian:

(i) has made enquiries about the animal and decided that the Schedule 4 substance is required to be administered; and

(ii) is satisfied that the person who is to administer the Schedule 4 substance is competent to do so; and

(iii) has supplied or prescribed the Schedule 4 substance and given full directions with respect to its administration; or

(d) anything done by an inspector within the meaning of the Livestock Act 2008 in the exercise of a power conferred by that Act; or

(e) veterinary services carried out under a project under Part 4 of the Animal Protection Act 2018; or

(f) the provision of a veterinary service in an emergency, where a registered veterinarian is not reasonably available.

(2) A reference in subregulation (1) to a registered veterinarian does not include a reference to a person having limited registration as a veterinarian.

health practitioner means:

(b) a person registered under the Health Practitioner Regulation National Law to practise the chiropractic, dental or physiotherapy profession (other than as a student).

The code of conduct in Schedule 2 is prescribed in accordance with section 53(3) of the Act.

For section 5(2) of the Act, schedule 4 has effect with respect to the election of registered veterinarians.

The fee payable under the Act for or in respect of a matter specified in column 1 in Schedule 3 is the amount shown opposite to that matter in column 2.

section 11(1)(c)

regulation 4(1)

1. A degree or diploma in veterinary surgery accredited by:

2. A degree or diploma in veterinary surgery accredited by the American Veterinary Medical Association and a pass in the North American Veterinary Licensing Examination conducted by the National Board Examination Committee.

3. Membership of the Royal College of Veterinary Surgeons in the United Kingdom gained through successful completion of membership examinations conducted by the College.

4. A certificate issued by the Australasian Veterinary Boards Council Inc. certifying that the person named in the certificate has satisfactorily completed the National Veterinary Examination conducted by the Council.

5. A certificate issued by the Veterinary Council of New Zealand certifying that the person named in the certificate has satisfactorily completed the National Veterinary Examination conducted by the Council.

section 53(3)

regulation 9

1 BASIC PRINCIPLES OF PROFESSIONAL CONDUCT

(1) The basic principles of professional conduct for a registered veterinarian are:

(a) to recommend appropriate preventative measures and provide suitable management and treatment for diseases and conditions; and

(b) to be familiar with and abide by all relevant legislation affecting their professional activity and behaviour; and

(2) Although actions may be influenced by consideration of a client's commercial, financial, emotional or other circumstances, a registered veterinarian must not condone animal suffering or be a party to it.

2 WELFARE OF ANIMALS MUST BE CONSIDERED

A registered veterinarian must at all times consider the welfare of animals when practising veterinary science. A registered veterinarian must handle animals with a minimum of stress and a maximum of care and encourage people to handle animals as gently and safely as circumstances allow. Pain relief should be used when appropriate.

3 NO REFUSAL OF PAIN RELIEF

(1) A registered veterinarian must not refuse to provide relief of pain or suffering to an animal that is in his or her presence.

relief, in relation to pain or suffering, includes:

4 KNOWLEDGE OF CURRENT STANDARD OF PRACTICE

(a) maintain knowledge of the current standards of the practice of veterinary surgery or veterinary medicine in the areas of veterinary science relevant to his or her practice; and

(b) always carry out veterinary services in accordance with those current standards and in accordance with the Board's guidelines.

(2) A registered veterinarian must base professional decisions on evidence-based science or well-recognised current practice, or both.

5 STAFF

A registered veterinarian who:

(a) employs a person other than a registered veterinarian to assist in the provision of veterinary services; or

(b) is responsible for the supervision of a person other than a registered veterinarian who is so employed;

must ensure to the best of his or her ability that the person carries out the duties of his or her employment effectively and in compliance with any law relating to the provision of veterinary services.

6 UTILISATION OF SKILLS OF COLLEAGUES

A registered veterinarian should practise within the limits of his or her knowledge and expertise and must utilise the skills of colleagues, by consultation or referral, when appropriate.

7 PROFESSIONAL CONDUCT

A registered veterinarian must not mislead, deceive or behave in such a way as to have an adverse effect on the standing of any registered veterinarian or the veterinary profession.

8 INFORMED CONSENT

A registered veterinarian must, where it is practicable to do so, obtain the informed consent of the person responsible for the care of an animal before providing veterinary services to the animal. Informed consent may be verbal or in writing. If the informed consent is verbal, a record of the verbal conversation should be kept.

9 AVAILABILITY TO CARE FOR ANIMAL

A registered veterinarian must, when accepting an animal for diagnosis or treatment:

(a) ensure that he or she is available for the ongoing care of the animal; or

(b) if he or she will not be available, make arrangements for another registered veterinarian to take over the care of the animal; or

(c) if the diagnosis or treatment is done in a remote community (for example, monthly clinics in remote towns or an indigenous community) – be available by telephone contact at all times.

10 REFERRALS AND SECOND OPINIONS

A registered veterinarian must not refuse a request by a person responsible for the care of an animal for a referral or second opinion.

11 PROVISION OF RECORDS

A registered veterinarian who has previously treated an animal must, when requested to do so, and with the consent of the person responsible for the care of the animal, provide copies or originals of the case history records directly to another registered veterinarian who has taken over the treatment of the animal.

12 RETURN OF RECORDS

A registered veterinarian to whom another registered veterinarian has referred an animal for treatment or a second opinion must return the records provided by the referring registered veterinarian as soon as practicable.

13 CONFIDENTIALITY

Except as required by this code of conduct or obligations under legislation, including to report a notifiable disease, a registered veterinarian must maintain the confidentiality of information obtained in the course of professional practice.

14 SKILLS, KNOWLEDGE AND EQUIPMENT OF ASSISTANTS

A registered veterinarian must ensure that all persons assisting in the provision of veterinary services to animals in his or her care have the skills, knowledge and available equipment to enable the registered veterinarian to perform his or her duties according to the current standards of the practice of veterinary science, except in the case of an emergency.

15 KNOWLEDGE OF THE RULES OF ANIMAL SPORTING ORGANISATIONS

A registered veterinarian must maintain knowledge of the rules of an animal sporting organisation when attending on that organisation or working within the industry to which it relates (unless the code or rules are contrary to the Veterinarians Act 1994, these Regulations or any other legislation).

16 RECORDS

(1) A registered veterinarian must ensure that a detailed record of any consultation, procedure or treatment is made as soon as is practicable.

(a) be legible and in sufficient detail to enable another registered veterinarian to continue the treatment of the animal; and

(b) include the results of any diagnostic tests, analysis and treatments.

(4) A registered veterinarian must ensure that all records of any consultation, procedure or treatment are retained for at least 3 years after the records are made.

17 FEES FOR VETERINARY SERVICES

A registered veterinarian must, where it is practicable to do so and before providing veterinary services in relation to an animal, inform the person responsible for the care of the animal of:

(a) the nature, purpose, benefits, effects and risks of the veterinary services and options for alternative veterinary services; and

18 CERTIFICATION BY REGISTERED VETERINARIANS

(1) A registered veterinarian must not certify to any fact within his or her professional expertise or knowledge, or that a veterinary service has been provided, unless the registered veterinarian has personal knowledge of the fact or has personally provided, or supervised the provision of, the veterinary service.

(2) Any certification by a registered veterinarian must contain the detail that is necessary to ensure that it is complete and accurate and that the meaning is clear.

19 CORRECTION OF GENETIC DEFECTS

A registered veterinarian must not perform a surgical operation for the correction of an inheritable defect, or provide medical treatment for an inheritable disease, unless the primary purpose of the operation or treatment is to relieve or prevent pain or discomfort to an animal.

20 SPECIAL INTEREST AREAS

Before undertaking practice in a particular area of veterinary science, a registered veterinarian must ensure that he or she has the knowledge and competence necessary to practise in that area.

21 INFORMATION TO BE GIVEN WHERE DRUGS PROVIDED OR PRESCRIBED

A registered veterinarian who provides a client with a drug, or a prescription for a drug, for an animal, must give the client proper directions with respect to the administration of the drug, and advise the client of any safety or other precautions that should be taken in connection with the drug and of any withholding period that may be applicable.

22 SUPPLY OF RESTRICTED SUBSTANCES

(1) A registered veterinarian may only supply a restricted substance:

(a) to a person responsible for the care of an animal that the registered veterinarian has physically examined or has under his or her direct care or has made enquiries about the animal and decided that the restricted substance is required to be administered; or

(b) with the authority of another registered veterinarian who has physically examined the animal or has the animal under his or her direct care, and only in respect of that animal.

(2) A registered veterinarian must not obtain any restricted substances in order to take that substance himself or herself.

restricted substance means a restricted Schedule 4 substance or a restricted Schedule 8 substance as defined in section 5 of the Medicines, Poisons and Therapeutic Goods Act 2012.

23 INDUCEMENTS

A registered veterinarian must not provide a referral or recommendation if the request for the referral or recommendation is accompanied by an inducement to the registered veterinarian.

25 VETERINARY PREMISES

A registered veterinarian must ensure that any premises at which he or she provides veterinary services, and all equipment that he or she has for use in carrying out the veterinary services, are kept in a safe and clean condition.

26 ATTENDANCE BY VETERINARIAN AT VETERINARY PREMISES

A registered veterinarian must not permit the use of his or her name in connection with the provision of veterinary services at a particular premises unless the registered veterinarian, or a person appointed to provide veterinary services on his or her behalf, is in regular attendance at the premises during the hours advertised for the provision of the veterinary services at the premises.

27 ETHICAL COMPETITIVE BEHAVIOUR

A registered veterinarian who:

(a) has acted as locum tenens of, or assistant to, another registered veterinarian; or

(b) has been a prospective purchaser of the practice of another veterinarian;

must not use any information obtained by him or her in that capacity, or take advantage of acquaintances made by him or her in that capacity with clients of the other registered veterinarian, in establishing a practice in competition with the other registered veterinarian.

28 COMPLIANCE WITH OTHER LEGISLATION

A registered veterinarian must comply with other relevant legislation, as amended from time to time, including the following:

(b) Agricultural and Veterinary Chemicals (Control of Use) Act 2004;