Veterinary Surgeons Act 1987

Where, after holding an inquiry, the Board finds that a registered veterinary surgeon or registered veterinary specialist – is no longer entitled to be so registered on the ground that – when he applied for registration he made a false or misleading statement; or he no longer has, or is no longer entitled to have, the diploma, certificate, or other academic qualification by virtue of which he is registered; has been convicted in this State of a crime or an offence which is punishable by imprisonment for a term of not less than 6 months or has been convicted elsewhere than in the State of an offence which, if committed in this State, would be a crime or an offence so punishable; has been convicted of an offence under the Poisons Act 1971 or the Misuse of Drugs Act 2001; is guilty of habitual drunkenness or of addiction to a drug which, in the opinion of the Board, adversely affects his ability to practise; is unable to perform competently the duties of a veterinary surgeon or, if the person is registered as a veterinary specialist, of such a veterinary specialist; is incapable of practising veterinary surgery or rendering certain veterinary services; is guilty of misconduct in a professional respect in this State; or has had a finding against him made by a disciplinary authority exercising jurisdiction in accordance with a law of another State or a Territory of the Commonwealth, or of a place outside the Commonwealth, being a law relating to the practice of veterinary surgery to the effect that he is guilty of misconduct in relation to the practice by him of veterinary surgery in that other State, or that Territory or place, and that misconduct would, if committed in this State, have justified the Board in making an order in respect of him under this section – the Board shall make such determination or determinations specified in subsection (2) as it considers appropriate in the circumstances, but, if the Board does not so find, it shall dismiss the complaint.

For the purposes of subsection (1), the following determinations are specified:a determination suspending the registration of a person registered under Part IV for a period not exceeding 12 months; a determination cancelling the registration of that person; a determination prohibiting the person from engaging in this State in the practice of veterinary surgery, or rendering a veterinary service, for a period specified in the determination; a determination imposing a fine not exceeding 50 penalty units; a determination imposing on that person a condition, limitation, or restriction subject to which he may continue to practise veterinary surgery.

Notwithstanding the provisions of subsection (1), where the Board finds that a registered veterinary surgeon or registered veterinary specialist is guilty of misconduct in a professional respect but the Board is not satisfied that he is, by reason of that misconduct, unfit to continue to practise veterinary surgery, the Board may caution or reprimand him.

The Board shall notify its decision under this section in writing to the defendant and, where the Board makes a determination under subsection (1), it shall include in that notification a statement of its reasons for the determination.

The suspension or cancellation of the registration of a person under this section, or the imposition of a prohibition under subsection (2)(ba), shall not take effect – until the expiration of the period of 28 days after notice of the determination of the Board has been served on that person; or where the person applies for a review under section 53 before the expiration of the period referred to in paragraph (a), until the review is dealt with or the application is withdrawn.

While the registration of a person is suspended under this section, he shall, for the purposes of section 11 and section 12 and Part IV, be deemed not to be registered.

While a person is prohibited from engaging in this State in the practice of veterinary surgery, or rendering a veterinary service, for a period specified in a determination under subsection (2)(ba), the person is, for that period, for the purposes of section 11 and section 12, to be taken to not be a registered veterinary surgeon or registered veterinary specialist.

Where the Board cancels the registration of a person under this section, the Board shall remove the entry in the register relating to that person in respect of that registration.

Where the Board cancels the registration of a person under this section or imposes a prohibition on a person under subsection (2)(ba), it may fix a time before which that person is not eligible to make application to be registered and, where any such time is fixed, the Board is not obliged to consider any such application before that time.

Where, as a result of a complaint made under section 43, the Board could have made a determination referred to in subsection (2)(b) if the person against whom the complaint was made had, at the time of the hearing, been registered, it may, notwithstanding that that person's registration has been cancelled, fix a time before which that person is not eligible to make an application to be registered again and, where any such time is fixed, the Board is not obliged to consider any application for registration made by that person before that time.

Where a person – fails to comply with a determination made under subsection (2)(c); or fails to comply with, or contravenes, a determination made under subsection (2)(d) – the Board may suspend or cancel the registration of that person under Part IV, or impose a prohibition on the person under subsection (2)(ba), without holding a further inquiry.