Veterinary Surgeons Act 1987

Veterinary Surgeons Act 1987

This Act may be cited as the Veterinary Surgeons Act 1987.

This section and section 1 shall commence on the day on which this Act receives the Royal Assent.

Except as provided in subsection (1), this Act shall commence on a day to be fixed by proclamation.

In this Act, unless the contrary intention appears – Agency and Head of Agency have the meanings assigned to those terms by the State Service Act 2000; animal means – a live vertebrate animal, other than a human being; or a prescribed organism; approved means approved by the Board; Board means the Veterinary Board of Tasmania constituted under section 4; chairman means the Chairman of the Board;Commission means the Australian Securities and Investment Commission established under the Australian Securities and Investment Commission Act 1989 of the Commonwealth; corresponding law means a law, of another State or a Territory, that provides for the registration or other authorisation of a person to provide veterinary services; functions includes duties; inspector means a person empowered by the Board under section 10(1); list means the list of veterinary services entities required to be kept under section 29; member means a member of the Board; partnership has the same meaning as in the Partnership Act 1891, except that it does not include an incorporated limited partnership within the meaning of that Act; records includes – books, accounts, minutes, registers, deeds, writings and documents; and X-ray images, photographs and other methods of recording and displaying images; and any other sources of information compiled, recorded, or stored, in written form or on micro-film, or by electronic process, or in any other manner or by any other means; register means the register kept under section 14; registered veterinary specialist means a person who – is registered as a veterinary specialist under Part IV; or is not permanently resident in this State and, subject to subsection (2B), is registered under a corresponding law as a veterinary specialist; registered veterinary surgeon means a person who – is registered as a veterinary surgeon under Part IV; or is not permanently resident in this State and, subject to subsection (2B), is registered under a corresponding law as a veterinary surgeon;Registrar means the person appointed and holding office under section 7 as the Registrar of the Board; registration means registration under this Act; relevant fee, in relation to any matter, means the fee that is approved in relation to the matter; repealed Act means the Veterinary Act 1918; the regulations means regulations made and in force under this Act; veterinary establishment means any establishment, vehicle, or place in which veterinary services are carried out; veterinary services means services that form part of the practice of veterinary surgery, and includes, but is not limited to including, the following services:the examination of, or attendance on, any animal for the purposes of diagnosing the physiological or pathological condition of the animal, including testing or imaging for diagnostic purposes; giving advice based on a diagnosis referred to in paragraph (a), including prescribing treatment, drugs, medications or medical appliances; performing medical or physical treatment of animals; performing surgical procedures on animals; administering an anaesthetic to any animal; conducting pregnancy testing of any animal; carrying out, by manual operation or use of instrumental appliances, any procedure on an animal for artificial breeding purposes – but does not include any prescribed services; veterinary services company means a body corporate, one of the objects of which is the provision of veterinary services, and includes an incorporated limited partnership, within the meaning of the Partnership Act 1891, that carries on a business, all or part of which consists of the provision of veterinary services; veterinary services entity means – a veterinary services company; or a veterinary services partnership; veterinary services partnership means a partnership that carries on a business, all or part of which consists of the provision of veterinary services; veterinary student means a person who has commenced a course of veterinary studies at an approved institution on a full time basis; veterinary surgery means the art and science of veterinary surgery and medicine.

Unless the contrary intention appears – a reference in this Act to a person being registered under Part IV includes a reference to a person provisionally so registered, and a reference to registration under Part IV has a corresponding meaning; and a reference in this Act to practising veterinary surgery includes the running, operating, or administering by a veterinary surgeon of a veterinary establishment.

A reference in this Act to a person being registered as a veterinary surgeon or veterinary specialist under a corresponding law is to be taken to include a reference to the person being registered or otherwise authorised under such a law to provide veterinary services, or specialist veterinary services, respectively, for which registration or authorisation under that law is required, and a reference to registration under a corresponding law has a corresponding meaning.

Despite subsection (2A), a person is not, for the purposes of this Act, to be taken to be registered or authorised as a veterinary surgeon or veterinary specialist under a corresponding law if the registration, or other authorisation, of the person under that law – is specified under that law to be temporary; is honorary only, including registration or authorisation under a corresponding law that is granted or maintained by a person who has generally retired from practice; or is of a type of registration or authorisation that is prescribed in the regulations for the purposes of this subsection.

Nothing in this Act shall be construed as permitting any person to contravene any provisions of any law or enactment relating to cruelty to animals, animal welfare or control or use of chemicals, poisons or pharmaceuticals.

The Veterinary Board constituted under the repealed Act is abolished and there is constituted by this Act a Board to be known as the Veterinary Board of Tasmania.

The Board – is a body corporate, with perpetual succession; shall have a seal; may sue and be sued in its corporate name; may do and be subject to all other things that corporations may do and be subject to and that are necessary for or incidental to the purpose for which it was constituted; and has the functions imposed, and the powers conferred, on it by or under this or any other Act.

All courts, judges, and persons acting judicially shall take judicial notice of the seal of the Board affixed to a document and, unless the contrary is established, shall presume that it was duly affixed.

The Board shall consist of 5 persons appointed by the Minister by instrument in writing of whom – one shall be an officer of the Department who is registered as a veterinary surgeon under Part IV and who is nominated by the Secretary of the Department;4 are to be appointed from a panel of 7 persons nominated by a selection committee appointed by the Minister.

The selection committee referred to in subsection (4)(b) is to be made up of – a representative from the Australian Veterinary Association (Tasmanian Division) or another organisation representing the veterinary profession; and a representative of the government; and a representative of consumers of veterinary services; and such other persons as the Minister considers appropriate.

Of the 4 persons referred to in subsection (4)(b) – 3 must – be registered as veterinary surgeons under Part IV; and have their primary place of business in Tasmania; and one must be a consumer of veterinary services.

For the purposes of subsection (4)(a), the Secretary of the Department may, if he is a registered veterinary surgeon, nominate himself.

If the selection committee referred to in paragraph (b) of subsection (4) fails to make a nomination as required by that paragraph within 30 days after it is requested by the Minister to do so, the Minister may appoint 3 registered veterinary surgeons as members of the Board.

If the association referred to in paragraph (a) of subsection (4A) changes its name to another name or ceases to exist under the name referred to in that paragraph, the Governor may, by order, amend that paragraph by substituting for the name of that association – that other name; or the name of some other association or organization that he is satisfied represents substantially the same interests as those represented by that association.

Schedule 1 has effect with respect to the membership of the Board.

Schedule 2 has effect with respect to the meetings of the Board.

In addition to the functions conferred or imposed on it by any other provision of this Act, the Board has the following functions:to maintain and review standards for registration of veterinary surgeons, veterinary specialists, and veterinary services companies; to ensure that registered veterinary surgeons and registered veterinary specialists provide veterinary services in a competent manner; to arrange, where it thinks necessary and in such manner as it thinks appropriate, for the examination of persons seeking to become registered; to arrange, where it thinks necessary, for the inspection of veterinary establishments; to hear and determine any inquiry under Part VI.

The Board may do all things necessary or convenient to be done for or in connection with, or as incidental to, the performance of its functions under this Act.

The generality of subsection (2) shall not be taken to be limited by any other provisions of this Act conferring a power on the Board.

In this section – qualification means a degree, diploma, certificate of completion of a course of study or training, or any other qualification.

The Board may approve qualifications for persons seeking to become registered under Part IV.

The Board may only approve under subsection (2) a qualification if the qualification may be awarded to a person on the successful completion of a course of study, or training, that is provided by a university or institution and relates to veterinary surgery.

Without limiting the power of the Board under subsection (2), the Board may approve a qualification under that subsection if the course of study or the training, successful completion of which will result in the award of the qualification, is provided by a university or institution that is accredited by the Australasian Veterinary Boards Council to provide the course of study or the training.

A decision of the Board to approve, or not to approve, a qualification under subsection (2) – is not subject to prohibition, mandamus, certiorari, injunction, declaration or any order of a court having similar effect; and is not otherwise to be challenged, appealed against, quashed or called into question on any account.

The Board, by notice, may declare veterinary service standards.

Veterinary service standards may – specify the standards of service that are to be provided by a registered veterinary surgeon or registered veterinary specialist in carrying on the practice of veterinary science; and specify the rules of conduct that are to be observed by a registered veterinary surgeon or registered veterinary specialist in carrying on the practice of veterinary science.

Within 3 months after the end of each financial year, the Board shall submit to the Minister a report of its operations during that financial year.

The Minister shall cause a copy of any report submitted to him under subsection (1) to be laid on the table of each House of Parliament within the first 14 sitting days after it is received by him.

The Board may – appoint a Registrar of the Board and such other persons as it considers necessary for the purposes of this Act; or with the approval of the Head of a State Service Agency, appoint a State Service officer or State Service employee employed in that Agency to be Registrar of the Board, and that officer or employee may hold office as Registrar of the Board in conjunction with State Service employment; or make arrangements with the Head of a State Service Agency for such State Service officers and State Service employees employed in that Agency as may be considered necessary to be made available, and such officers and employees may, in conjunction with State Service employment, serve the Board in any capacity.

The Board shall pay to the Public Account such sum as may be determined by the Treasurer for the service of a State Service officer or State Service employee appointed under subsection (1)(b) or made available under subsection (1)(c), and the Treasurer may reimburse that sum to the Agency in which the officer or employee is employed.

Where the Board appoints any person under subsection (1)(a) it shall pay, out of funds at its disposal, that person such remunerations and allowances as it determines.

Where the Board, a member of the Board, the Registrar, an inspector or any person for the time being appointed under section 7 does, or omits to do, any act or thing in good faith in the administration or execution, or purported administration or execution of this Act, or in the exercise or performance or purported exercise or performance of any of its or his powers, functions, or duties under this Act, it or he shall not be personally subjected to any action, liability, claim, or demand in respect of that act or omission.

All fees paid or recovered under this Act are to be applied by the Board in and towards defraying the expenses incurred in the administration of this Act.