s 1Purposes

The main purposes of this Act are—

(a)

to protect the public by providing for the registration of veterinary practitioners and investigations into the professional conduct and fitness to practise of registered veterinary practitioners; and

(b)

to establish the Veterinary Practitioners Registration Board of Victoria and the Veterinary Practitioners Registration Board Fund; and

(c)

to repeal the Veterinary Surgeons Act 1958; and

(d)

to make consequential amendments to other Acts; and

(e)

to provide for other related matters.

s 2Commencement

(1)

This Part comes into operation on the day on which this Act receives the Royal Assent.

(2)

Subject to subsection (3), the remaining provisions of this Act come into operation on a day or days to be proclaimed.

(3)

If a provision referred to in subsection (2) does not come into operation before 1 December 1998, it comes into operation on that day.

s 3Definitions

In this Act—

S. 3 def. of Admini-strative Appeals Tribunal repealed by No. 101/1998 s. 34(a).

* * * * *

S. 3 def. of alcoholic repealed by No. 43/2010 s. 49(1)(a) (as amended by No. 29/2011 s. 3(Sch. 1 item 86.2)).

* * * * *

S. 3 def. of approved person inserted by No. 22/2022 s. 168(1).

approved person means a person approved under section 3C;

S. 3 def. of Australian legal practitioner inserted by No. 71/2014 s. 24, repealed by No. 71/2014 s. 38.

* * * * *

Board means the Veterinary Practitioners Registration Board of Victoria established under Part 6;

S. 3 def. of drug-dependent person repealed by No. 43/2010 s. 49(1)(a) (as amended by No. 29/2011 s. 3(Sch. 1 item 86.2)).

* * * * *

Fund means the Veterinary Practitioners Registration Board Fund established under Part 7;

S. 3 def. of interstate right to practise inserted by No. 35/2009 s. 109(1).

interstate right to practise means a right to carry on or engage in veterinary practice in another State or a Territory, being the equivalent of general registration under section 6;

S. 3 def. of interstate veterinary registration authority inserted by No. 35/2009 s. 109(1).

interstate veterinary registration authority means a person or body conferred with the function or power under a law of another State or a Territory to confer or grant a right to carry on or engage in veterinary practice in that State or Territory, being the equivalent of registration as a veterinary practitioner under this Act;

S. 3 def. of lawyer amended by No. 17/2014 s. 160(Sch. 2 item 102).

lawyer means an Australian lawyer;

S. 3 def. of principal place of residence inserted by No. 71/2014 s. 24.

principal place of residence includes sole place of residence;

register means the register of veterinary practitioners kept under Part 2;

S. 3 def. of registered medical practitioner amended by No. 97/2005 s. 182(Sch. 4 item 53.1), substituted by No. 13/2010 s. 51(Sch. item 58.1).

registered medical practitioner means a person registered under the Health Practitioner Regulation National Law to practise in the medical profession (other than as a student);

S. 3 def. of registered veterinary practitioner substituted by No. 35/2009 s. 109(2), amended by No. 22/2022 s. 168(3).

registered veterinary practitioner means—

(a)

a person registered under Part 2 (whether or not the registration of that person is general or specific); or

(ab)

a person whose name has been restored to the register under section 13; or

(b)

a person deemed to be registered by operation of section 3A;

S. 3 def. of Secretary inserted by No. 103/2003 s. 45(a), amended by Nos 108/2004 s. 117(1) (Sch. 3 item 214.1), 70/2013 s. 4(Sch. 2 item 54), 22/2022 s. 168(4), 41/2025 s. 4(Sch. 2 item 31).

Secretary means the person who is, for the time being, the Department Head (within the meaning of the Public Administration Act 2004) of the Department of Energy, Environment and Climate Action;

S. 3 def. of severe substance dependence inserted by No. 43/2010 s. 49(1)(b) (as amended by No. 29/2011 s. 3(Sch. 1 item 86.2)).

severe substance dependence has the same meaning as in section 5 of the Severe Substance Dependence Treatment Act 2010;

S. 3 def. of unpro-fessional conduct amended by Nos 103/2003 s. 45(b), 22/2022 s. 168(2).

unprofessional conduct means all or any of the following—

(a)

professional conduct which is of a lesser standard than that which the public might reasonably expect of a registered veterinary practitioner;

(b)

professional conduct which is of a lesser standard than that which might reasonably be expected of a veterinary practitioner by his or her peers;

(c)

professional misconduct;

(d)

infamous conduct in a professional respect;

(e)

providing veterinary services of a kind that are excessive, unnecessary or not reasonably required for an animal's well-being;

(f)

a finding of guilt of—

(i)

an indictable offence in Victoria, or an equivalent offence in another jurisdiction;

(ii)

an offence which, in the opinion of the Board, makes the veterinary practitioner unfit to be a registered veterinary practitioner;

(iii)

an offence under this Act or the regulations;

(iv)

an offence as a veterinary practitioner under any other Act or regulations;

(g)

influencing or attempting to influence the conduct of a veterinary practice in such a way that an animal's well-being may be compromised;

(h)

the contravention of or failure to comply with a condition, limitation or restriction on the registration of a veterinary practitioner imposed by or under this Act unless, in the case of a veterinary practitioner whose registration is subject to the condition of being supervised, the supervisor is changed or unable to continue supervising the veterinary practitioner;

Note

See section 7AA for the cancellation of the specific registration of a veterinary practitioner if there is a condition, limitation or restriction imposed on the registration and this condition cannot be complied with.

veterinary practice means the practise of veterinary surgery and veterinary medicine.

S. 3A inserted by No. 35/2009 s. 110.

s 3ADeemed general registration

(1)

For the purposes of this Act, a person who holds an interstate right to practise is deemed to be registered under this Act as a veterinary practitioner with general registration.

(2)

The general registration referred to in subsection (1) is subject to conditions, limitations or restrictions that are the same as those that apply to the person's interstate right to practise.

S. 3B inserted by No. 35/2009 s. 110.

s 3BDeemed specialist endorsement

For the purposes of this Act, a veterinary practitioner who holds an interstate right to practise that provides (by endorsement or otherwise) that the practitioner is qualified to practise as a veterinary specialist in a branch of veterinary surgery or medicine is deemed—

(a)

to be a registered veterinary practitioner under this Act with general registration; and

(b)

to have been granted an endorsement under section 8 on that general registration to the effect that the practitioner is qualified to practise as a veterinary specialist in that branch of veterinary surgery or medicine.

S. 3C inserted by No. 22/2022 s. 169.

s 3CGovernor in Council may approve an approved person

(1)

The Governor in Council may by instrument, on the recommendation of the Minister, approve a person who is not a member of the Board as an approved person for the purposes of sections 21(3)(c), 35(2) and 42(2).

(2)

The term of approval for an approved person must be specified in the instrument of approval and must not exceed 3 years.

s 4Application for registration

S. 4(1) substituted by Nos 35/2009 s. 111, 71/2014 s. 25.

(1)

Subject to subsection (1A), only the following persons may apply for registration as a veterinary practitioner under this Part—

(a)

in the case of an application for general registration under section 6—

(i)

a natural person whose principal place of residence is in Victoria;

(ii)

a natural person whose principal place of residence will be in Victoria while practising as a veterinary practitioner;

(b)

in the case of an application for specific registration under section 7 or non-practising registration under section 7A, a natural person.

S. 4(1A) inserted by No. 35/2009 s. 111 (as amended by No. 48/2010 s. 47).

(1A)

A veterinary practitioner—

(a)

who is a registered veterinary practitioner by the operation of section 3A; and

(b)

whose principal place of residence will be in Victoria after the expiry of the practitioner's current annual registration period for the practitioner's interstate right to practise; and

(c)

who intends to carry on veterinary practice after expiry of that registration period—

must apply for registration in Victoria before the expiry of that registration period.

S. 4(1B) inserted by No. 35/2009 s. 111 (as amended by No. 48/2010 s. 47).

(1B)

A veterinary practitioner who—

(a)

is a registered veterinary practitioner by the operation of section 3A; and

(b)

is not required to apply for registration under Part 2—

is not required to pay a fee for registration in Victoria.

(2)

An application must—

(a)

be in writing; and

(b)

contain the prescribed information; and

(c)

be accompanied by evidence of the qualifications which the applicant claims entitle him or her to the type of registration applied for; and

(d)

be accompanied by the fee determined by the Board.

(3)

The Board—

(a)

may require the applicant to provide further information or material in respect of the application; and

S. 4(3)(b) amended by Nos 69/2009 s. 54(Sch. Pt 2 item 54), 6/2018 s. 68(Sch. 2 item 131.1).

(b)

may require that the information in the application be verified by a statutory declaration; and

(c)

may require proof of identity of the person making the application.

s 5Qualifications for general registration

(1)

A person is qualified for general registration as a veterinary practitioner if that person—

(a)

has been awarded a degree in veterinary science or medicine accredited by the Board that is from a tertiary institution recognised by the Board; or

(b)

in the opinion of the Board, has a qualification that is substantially equivalent or is based on similar competencies to a degree in veterinary science or medicine accredited by the Board; or

(c)

has passed a qualifying examination conducted by or on behalf of the Board; or

(d)

has a qualification that is recognised in another State or Territory of the Commonwealth for the purposes of undertaking work of a similar nature to that which a person holding a qualification to which paragraph (a), (b) or (c) applies is qualified to undertake.

(2)

Despite subsection (1), if the Board is satisfied that an applicant would not be able to provide the standard of veterinary services ordinarily required in Victoria because the applicant has not practised as a veterinary practitioner within the 3 years preceding the application it may refuse to grant general registration unless the applicant undertakes further training approved by the Board.

s 6General registration

(1)

The Board must grant general registration as a veterinary practitioner to an applicant if—

(a)

the applicant is qualified for registration under section 5; and

S. 6(1)(ab) inserted by No. 35/2009 s. 112(1).

(ab)

the Board is satisfied that the applicant's principal place of residence is in Victoria or will be in Victoria while the applicant practises as a veterinary practitioner; and

(b)

there are no grounds under subsection (2) under which the Board may refuse to grant registration to the applicant; and

(c)

the circumstances are such that section 7 does not apply; and

(d)

the applicant has paid the fee determined by the Board under section 4(2)(d).

S. 6(1A) inserted by No. 35/2009 s. 112(2).

(1A)

For the purposes of subsection (1)(ab), the Board must have regard to—

(a)

whether the applicant's residence in Victoria is the applicant's sole residence; and

(b)

every place of residence of the applicant in Australia.

S. 6(1B) inserted by No. 35/2009 s. 112(2).

(1B)

Without limiting this Part, the Board must refuse to grant registration as a veterinary practitioner to an applicant if it is satisfied that—

(a)

the applicant has applied for and been refused an interstate right to practise; and

(b)

the basis on which the applicant was refused that right has not changed as at the time of the applicant's application under this Act.

S. 6(1C) inserted by No. 35/2009 s. 112(2).

(1C)

Without limiting this Part, the Board must also refuse to grant general registration to an applicant who, under a law of another State or a Territory, has been disqualified from applying, or is not entitled to apply, for a right to carry on or engage in veterinary practice in that State or Territory, being the equivalent of registration as a veterinary practitioner under this Act.

(2)

The Board may refuse to grant registration to an applicant on any one or more of the following grounds—

(a)

that the character of the applicant is such that it would not be in the public interest to allow the applicant to practise as a registered veterinary practitioner;

S. 6(2)(b) amended by No. 43/2010 s. 49(2) (as amended by No. 29/2011 s. 3(Sch. 1 item 86.3)).

(b)

that the applicant is unfit to practise as a registered veterinary practitioner because he or she has a severe substance dependence;

(c)

that the applicant has been found guilty of an indictable offence in Victoria or an equivalent offence in another jurisdiction within a period of 10 years preceding the application;

(d)

that the applicant has been found guilty of an offence where the ability of the applicant to practise is likely to be affected because of the finding of guilt or where it is not in the public interest to allow the applicant to practise because of the finding of guilt;

(e)

that the applicant has previously been registered under this Act or the Veterinary Surgeons Act 1958 and during the course of that registration has had proceedings under Part 3 or similar proceedings under the Veterinary Surgeons Act 1958 brought against him or her and those proceedings have never been finalised;

(f)

that, in the opinion of the Board, the applicant is unfit to be registered because he or she has a physical or mental impairment which significantly impairs his or her ability to practise as a registered veterinary practitioner;

S. 6(2)(fa) inserted by No. 103/2003 s. 46.

(fa)

that the applicant's competency in speaking and communicating in English is not sufficient for that person to practise as a registered veterinary practitioner;

S. 6(2)(fb) inserted by No. 103/2003 s. 46.

(fb)

that, in the case of an applicant in respect of whom a determination of a panel has been made under section 45(2A)(a)(i), that the applicant has not undergone the counselling as specified in the determination of the panel;

S. 6(2)(fc) inserted by No. 103/2003 s. 46.

(fc)

that, in the case of an applicant in respect of whom a determination of a panel has been made under section 45(2A)(a)(ii), that the applicant has not undertaken further education in accordance with the determination of the panel;

S. 6(2)(fca) inserted by No. 48/2016 s. 14.

(fca)

that, in the case of an applicant in respect of whom a determination of a panel has been made under section 45(2A)(a)(iii), the applicant has not complied with the undertaking about the person's conduct as a veterinary practitioner;

S. 6(2)(fd) inserted by No. 103/2003 s. 46.

(fd)

that, in the case of an applicant in respect of whom a determination of a panel has been made under section 45(2A)(d), that the period for which the applicant is not entitled to re-apply for registration has not expired;

(g)

that the applicant has previously held a right to practise as a veterinary practitioner outside Victoria, being the equivalent of registration as a veterinary practitioner under this Act, and that right has been cancelled or suspended and not restored because of conduct which, if committed within Victoria, would entitle the Board to suspend or cancel registration.

(3)

A grant of registration under this section is subject to any conditions, limitations or restrictions that the Board thinks fit.

(4)

The Board may, upon application by the registered veterinary practitioner, amend, vary or revoke any condition, limitation or restriction imposed under subsection (3).

s 7Specific registration

(1)

The Board may grant or refuse to grant specific registration as a veterinary practitioner to an applicant if the applicant holds qualifications in veterinary practice which do not qualify that applicant for general registration—

(a)

to enable that applicant to undertake supervised study or training or a course approved by the Board at a tertiary institution; or

(b)

to enable that applicant to fill a veterinary teaching or research position at a tertiary institution approved by the Board; or

S. 7(1)(ba) inserted by No. 22/2022 s. 170(1).

(ba)

to enable an applicant to occupy a position in a public sector body or in a department or agency of the Commonwealth Government if the position requires the applicant to be a veterinary practitioner; or

(c)

to enable that applicant to undergo training, under the direct supervision of a registered veterinary practitioner, to acquire the competencies required to be registered under section 6; or

(d)

if the Board is of the opinion that, in order to meet an identified need for a veterinary practitioner, it is necessary for a person having qualifications in the nature of the applicant's to provide veterinary services; or

(e)

to enable an applicant from another country to practise in Victoria if that applicant has exchanged practice with a registered veterinary practitioner for a limited period with the prior permission of the Board.

S. 7(2) amended by No. 22/2022 s. 170(2).

(2)

A grant of specific registration under this section is subject to any conditions, limitations or restrictions imposed by the Board including the period of registration which must be no less than 12 months and no more than 36 months.

(3)

The Board may of its own motion, or upon application by the veterinary practitioner granted specific registration, amend, vary or revoke any condition, limitation or restriction imposed under subsection (2).

S. 7AA inserted by No. 22/2022 s. 171.

s 7AACancellation of specific registration if practitioner unable to comply with condition

(1)

If a registered veterinary practitioner granted specific registration notifies the Board, or the Board becomes aware, that the practitioner cannot comply with a condition imposed on the registration, the Board must give a written notice to the practitioner in accordance with subsection (2).

(2)

For the purposes of subsection (1) the notice must—

(a)

require that the registered veterinary practitioner show sufficient cause as to why the specific registration should not be cancelled because of non-compliance with the condition; and

(b)

inform the registered veterinary practitioner that the practitioner must show sufficient cause within the period of 10 business days after being given the notice.

(3)

If a registered veterinary practitioner who has been given a notice in accordance with this section fails to show sufficient cause to the Board as to why the specific registration should not be cancelled within the period stated in the notice, the Board may cancel the specific registration.

(4)

If the Board cancels a specific registration under subsection (3) the Board must give a written notice to the veterinary practitioner who had held that registration stating—

(a)

that the specific registration has been cancelled by the Board; and

(b)

that the specific registration will be removed from the Register; and

(c)

the date on which the cancellation of the specific registration comes into effect, which must be no earlier than the date on which the practitioner receives the notice; and

(d)

that the veterinary practitioner may apply under Part 4 to the Victorian Civil and Administrative Tribunal for a review of the decision to cancel the specific registration.

(5)

In this section—

condition imposed on a specific registration includes a limitation or restriction imposed on that specific registration.

S. 7A inserted by No. 103/2003 s. 47.

s 7ANon-practising registration

(1)

The Board may grant or refuse to grant registration as a non-practising veterinary practitioner to an applicant if the applicant—

(a)

is qualified for general registration; and

(b)

the applicant has satisfied the Board that he or she does not intend to practice as a veterinary practitioner for the period of the registration.

(2)

A grant of non-practising registration under this section is subject to any conditions, limitations or restrictions imposed by the Board on the registration.

(3)

The Board may, of its own motion, or on the application by a veterinary practitioner granted registration as a non-practising veterinary practitioner, amend, vary or revoke any condition, limitation or restriction imposed under subsection (2).

Veterinary Practice Act 1997

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