Veterinary Services Act 2023

A matter to which this Division applies is to be dealt with by the Board causing the matter to be referred to the Executive Officer for resolution in accordance with this Division.

Despite subsection (1), the Board may determine that a matter is to be dealt with under Division 5 rather than this Division for any reason it thinks fit.

Without limiting subsection (1), the Executive Officer must ensure that—

the veterinarian concerned is informed of the complaint made against them; and

the veterinarian is given the opportunity to admit or deny the allegations contained in the complaint in accordance with any requirements set out in the regulations; and

the veterinarian is given the opportunity to inform the Executive Officer of any information the veterinarian thinks relevant in respect of the matter; and

the complainant is contacted and the Executive Officer—

explains to the complainant that the matter is to be resolved under this Division (including an explanation of the processes involved and possible outcomes); and

gives the complainant the opportunity to inform the Executive Officer of any further information the complainant thinks relevant in respect of the matter.

If an allegation contained in a complaint is not admitted in accordance with the requirements set out in the regulations, the complaint is to be dealt with under Division 5 (and in that case the Executive Officer must remit the complaint to the Board to be dealt with under that Division).

If—

the Executive Officer is of the opinion that there would be a benefit in undertaking conciliation between the complainant and the veterinarian; and

the complainant and veterinarian each agree to undertake conciliation, the Executive Officer must attempt to resolve the matter by way of conciliation.

In the course of a Board resolution under this Division, the Board may, after consultation with the Executive Officer, take action, or order the taking of action, of 1 or more of the following kinds in respect of the veterinarian:

accept an undertaking made by the veterinarian;

issue the veterinarian with a reprimand;

provide the veterinarian with counselling;

require the veterinarian to undertake specified remedial education or training;

impose conditions on the veterinarian's registration under this Act restricting their right to provide veterinary services or revoke or vary a waiver or modification that applies in respect of the veterinarian's registration;

any other action prescribed by the regulations.

However, the Board may only take action of the kind referred to in subsection (6)(e) if the Board is satisfied that—

the action is necessary or appropriate to—

provide an opportunity for the veterinarian to undertake remedial education or training; or

establish that the veterinarian is competent and capable of carrying out particular duties; and

it is appropriate in all of the circumstances to take the action, having considered—

the potential impact of the action on the veterinarian concerned; and

the risks to the community of not taking such action.

If the Board takes action of the kind referred to in subsection (6)(e), the Board must advise the veterinarian of the remedial education or training to be undertaken, and the competencies (if any) required to be demonstrated before the relevant action will be revoked.

The Board must revoke any action taken under subsection (6)(e) if the veterinarian successfully completes the required remedial education or training and has demonstrated to the Board that the veterinarian is competent and capable of carrying out the duties to which the action relates.

On completion of a Board resolution under this Division, the Executive Officer must inform the veterinarian concerned and the complainant of the outcome of the Board resolution.