Veterinary Services Act 2023

A complaint setting out matters that are alleged to constitute grounds for disciplinary action against a person may be lodged with the Tribunal by—

the Board; or

the Minister.

On the hearing of a complaint, the Tribunal may, if it is satisfied that there is proper cause for taking disciplinary action against the veterinarian to whom the complaint relates, by order do 1 or more of the following:

reprimand the veterinarian;

impose a fine not exceeding $10 000 on the veterinarian;

if the veterinarian is registered under this Act—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;

if the veterinarian has general registration but not specialist registration—

suspend the veterinarian's general registration for a period not exceeding 1 year; or

cancel the veterinarian's general registration;

if the veterinarian has specialist registration under this Act—

suspend the veterinarian's specialist registration or registration in a particular specialty, or the veterinarian's general and specialist registration, for a period not exceeding 1 year; or

cancel the veterinarian's specialist registration or registration in a particular specialty, or the veterinarian's general and specialist registration;

disqualify the person from general registration, specialist registration or registration in a particular specialty, or both general and specialist registration.

The Tribunal may—

stipulate that a disqualification under subsection (2) is to apply—

permanently; or

for a specified period; or

until the fulfilment of specified conditions; or

until further order; or

stipulate that an order relating to a veterinarian is to have effect at a specified future time and impose conditions as to the conduct of the veterinarian or the veterinarian's business until that time.

The Tribunal may, on application by a party to the proceedings, vary or revoke a condition imposed by the Tribunal under this section in relation to a veterinarian's registration under this Act.

An application under subsection (4) may not be made—

within 1 month of the imposition of the condition to which the application relates by the Tribunal; or

within 12 months of any previous application under subsection (4) by the party to vary or revoke a condition, unless leave is granted by the Tribunal.

A fine imposed by the Tribunal under subsection (2) is payable to the Board (and is recoverable by the Board as a debt).

If—

a veterinarian has been found guilty of an offence; and

the circumstances of the offence form, in whole or in part, the subject matter of the complaint, the veterinarian is not liable to a fine under this section in respect of conduct giving rise to the offence.

If a veterinarian fails to pay a fine imposed under this section, the Board may—

in the case of a veterinarian with primary registration—without further notice, remove the veterinarian from the registers on which they are registered; or

in the case of a veterinarian with deemed registration—by written notice to the veterinarian, disqualify the veterinarian from registration under this Act until the fine is paid.

The Tribunal may order that the registration of a veterinarian be suspended pending the outcome of disciplinary proceedings against the veterinarian under this Division.

However—

the Tribunal may only act under subsection (9) if it thinks that it is necessary to do so because there is a serious risk that the health and safety of the public or the health and welfare of animals will be endangered; and

if the Tribunal acts under subsection (9), it must immediately notify the veterinarian of the suspension and the reasons for the suspension.