Veterinary Services Act 2023

For the purposes of proceedings before the Board regarding medical fitness under this Part, the Board may—

by summons signed on behalf of the Board by a member of the Board or the Executive Officer, require the attendance before the Board of any person whom the Board thinks fit to call before it; or

by summons signed on behalf of the Board by a member of the Board or the Executive Officer—

require the production of any relevant records, documents or equipment (including written records that reproduce in a readily understandable form information kept by computer or other process); and

in the case of a document or record that is not in the English language—require the production of a written statement in the English language of the contents of the document or record; or

inspect any documents, records or equipment produced before it, and retain them for such reasonable period as it thinks fit, and make copies of the documents or records or their contents; or

require any person to make an oath or affirmation (which may be administered by the Executive Officer or any member of the Board) to answer truthfully questions put by any member of the Board or any person appearing before the Board; or

require any person appearing before the Board (whether summoned to appear or not) to answer any questions put by any member of the Board or by any person appearing before the Board.

On receipt of an application for the issue of a summons under this section, a member of the Board or the Executive Officer may, without referring the matter to the Board, issue a summons on behalf of the Board.

A person who—

fails without reasonable excuse to comply with a summons issued to attend, or to produce documents, records or equipment, before the Board; or

having been served with a summons to produce a written statement of the contents of a document or record in the English language fails, without reasonable excuse, to comply with the summons or produces a statement that they know, or ought to know, is false or misleading in a material particular; or

misbehaves before the Board, wilfully insults the Board or 1 or more of the members in the exercise of the member's official duties, or interrupts the proceedings of the Board; or

refuses to be sworn or to affirm, or refuses or fails to answer truthfully a relevant question when required to do so by the Board, is guilty of an offence. Maximum penalty: Maximum penalty: $10 000 or imprisonment for 6 months.

A person who appears as a witness before the Board has the same protection as a witness in proceedings before the Supreme Court.

In any proceedings before the Board under this Act, the Board—

is not bound by the rules of evidence and may inform itself on any matter as it thinks fit; and

must act according to equity, good conscience and the substantial merits of the case without regard to technicalities and legal forms.

A party to proceedings before the Board is entitled to be represented at the hearing of those proceedings.

Subject to this Act, the Board may determine its own procedures in relation to proceedings under this Part.