Veterinary Services Act 2023

This Act may be cited as the Veterinary Services Act 2023.

This Act comes into operation on a day to be fixed by proclamation.

Section 27(6) of the Legislation Interpretation Act 2021 does not apply to this Act.

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 specialty under a corresponding law of the same name as the specialty; or

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 3Division 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 person who is registered in this State as a medical practitioner; or

a person who is registered in this State as a psychologist; or

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 State; or

a Territory; or

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 3Division 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repealed Act means the Veterinary Surgeons Act 1985 or the Veterinary Practice Act 2003;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—

improper or unethical conduct in relation to professional practice; and

incompetence or negligence in relation to the provision of veterinary services; and

a contravention of—

a provision of this Act; or

a code of conduct or professional standards prepared or endorsed by the Board under this Act; and

conduct that constitutes an offence punishable by imprisonment for 1 year or more under this or any other Act or law; and

conduct that constitutes an offence prescribed by the regulations;

veterinarian means—

a person with primary registration; or

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—

the diagnosis of a disease or physiological condition in, or an injury to, an animal; and

the medical treatment of an animal; and

the administration of an anaesthetic to an animal; and

the performance of an invasive or surgical procedure on an animal; and

the castration or spaying of an animal; and

the performance of a dental procedure on an animal; and

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.

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).

A reference in this Act to unprofessional conduct extends to—

unprofessional conduct committed before the commencement of this Act; and

unprofessional conduct committed within or outside South Australia or the Commonwealth.

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.

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.

This Act is in addition to, and does not derogate from, any other Act or law.

The Veterinary Surgeons Board of South Australia continues in existence as the Veterinary Services Regulatory Board of South Australia.

The Board—

is a body corporate; and

has perpetual succession and a common seal; and

is capable of suing and being sued in its corporate name; and

has all the powers of an individual that are capable of being exercised by a body corporate.

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.

The Board is subject to the direction and control of the Minister, however the Minister must not give a direction that relates to—

a particular person; or

a particular application, complaint, investigation or proceeding; or

the performance by the Board of its function of determining qualifications for registration on the general register or the specialist register.

The Board consists of 9 members appointed by the Governor on the recommendation of the Minister of whom—

6 must be veterinarians with primary registration; and

3 must be persons who are not veterinarians of whom—

1 must be a legal practitioner; and

1 must have skills, knowledge and experience in accounting, business or finance; and

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.

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:

management or governance;

teaching of veterinary science;

government agencies responsible for biosecurity (whether State or Commonwealth);

urban companion animal practice;

rural mixed or production animal practice;

any other area that the Minister considers appropriate to enable the member to effectively carry out the functions of the Board.

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.

The members of the Board referred to in subsection (1)(b)—

must not be, or have been, registered as a veterinarian; and

must not work in an area relating to, or have a material interest in, veterinary services.

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.

At least 2 of the members of the Board must be women and at least 2 must be men.

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.

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.

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.

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.

The Governor may, at any time, remove a member of the Board from office for any reason the Governor thinks fit.

The office of a member of the Board becomes vacant if the member—

dies; or

completes a term of office and is not reappointed; or

resigns by written notice to the Minister; or

ceases to satisfy the qualification by virtue of which the member was eligible for appointment to the Board; or

is removed from office under subsection (3) or section 9.

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.

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.

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.

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.

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.

Despite any other provision of this Act, if all members of the Board are removed from office under subsection (2) the following provisions apply:

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;

the Administrator is entitled to remuneration, allowances and expenses determined by the Governor;

the Governor may remove a person from the office of Administrator for any reason the Governor thinks fit;

the office of Administrator becomes vacant if the Administrator—

dies; or

completes a term of office; or

resigns by written notice to the Minister; or

is removed from office under paragraph (c);

the Governor may appoint a person to act as the Administrator—

during a vacancy in the office of Administrator; or

when the Administrator is absent from, or unable to discharge, official duties;

the Administrator has all the functions and powers of the Board;

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;

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;

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;

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).

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.

A member of the Board is entitled to remuneration, allowances and expenses determined by the Governor.

A member of the Board must, in accordance with any requirements set out in the regulations, complete training related to corporate governance.