s 1Short title
This is the Veterinary Practice Act 2021.
This is the Veterinary Practice Act 2021.
This Act comes into operation as follows —
Part 1 — on the day on which this Act receives the Royal Assent;
the rest of the Act — on a day fixed by proclamation.
In this Act —
animal means a vertebrate other than a human;
another jurisdiction means another State or a Territory;
approved means approved in writing;
authorised person means —
a person who is authorised by the Board, in accordance with the regulations, to carry out —
an act of veterinary medicine; or
an act of veterinary medicine of a prescribed class;
or
a person of a prescribed class who is authorised by the regulations to carry out —
an act of veterinary medicine; or
an act of veterinary medicine of a prescribed class;
Board means the Veterinary Practice Board of Western Australia established by section 151(1);
Board member means a member of the Board;
category, in relation to registration, means —
a category listed in section 5(1); or
the category of registration as an interstate veterinarian;
certificate of registration means —
in relation to registration by the Board — a certificate of registration issued by the Board; or
in relation to interstate registration — a written form of evidence of interstate registration issued under a corresponding law;
chairperson means the chairperson of the Board;
committee means a committee established by the Board under section 177(a);
complainant has the meaning given in section 81(4)(a);
complaint means a complaint made under section 81(1);
condition includes a restriction;
corresponding law means a law of another jurisdiction that provides for the registration of veterinarians (however described);
director has the meaning given in the Corporations Act 2001 (Commonwealth) section 9;
disciplinary action means —
an order made under Part 7; or
an order made in professional disciplinary proceedings by an interstate regulatory authority;
document —
means any record of information, irrespective of how the information is recorded or stored or able to be recovered; and
includes —
any thing from which images, sounds or writings can be reproduced, with or without the aid of anything else; and
any thing on which information is recorded or stored, whether electronically, magnetically, mechanically or by some other means;
entry warrant means an entry warrant issued under section 120(1);
health assessment —
means an assessment of a person to determine whether the person has an impairment; and
includes a medical, physical, psychiatric or psychological examination or test of the person;
immediate action order means an immediate action order made under section 70(1);
impairment, in relation to a person, means a physical or mental impairment, disability, condition or disorder (including substance abuse or dependence) that detrimentally affects or is likely to detrimentally affect —
if the person is a veterinarian or an applicant for registration as a WA veterinarian — the person’s capacity to practise veterinary medicine; or
if the person is a veterinary nurse or an applicant for registration as a veterinary nurse — the person’s capacity to practise as a veterinary nurse;
inquiry means an inquiry into a complaint under section 88(1);
inspector means a person who is designated an inspector under section 109(1);
interstate registration has the meaning given in section 21;
interstate regulatory authority means a regulatory authority of another participating jurisdiction;
interstate veterinarian means a person registered under section 22(1) as an interstate veterinarian;
investigation means an investigation under Part 8 Division 2;
investigative purposes has the meaning given in section 112;
medical practitioner means a person registered under the Health Practitioner Regulation National Law (Western Australia) in the medical profession;
notification means a notification made under section 124(1);
notifier has the meaning given in section 124(3)(a);
officer, of a body corporate —
means an individual who is an officer, as defined in the Corporations Act 2001 (Commonwealth) section 9, of the body corporate; but
does not include an employee of the body corporate unless the employee is concerned in the management of the body corporate;
Part 2 application means an application made under Part 2 Division 1 for registration or renewal of registration;
Part 3 application means an application made under Part 3 Division 1 for registration or renewal of registration;
participating jurisdiction means this State or another jurisdiction in which a corresponding law is in force;
personal information has the meaning given in the Freedom of Information Act 1992 in the Glossary clause 1;
practice owner —
means —
in relation to a veterinary practice business — a person who carries on the business; or
in relation to premises — a person who carries on a veterinary practice business at or from the premises;
and
includes a person who is —
a partner in a partnership that carries on a veterinary practice business; or
a director of a body corporate that carries on a veterinary practice business;
premises includes the following —
land;
the whole or part of a building or structure (whether of a permanent or temporary nature);
a vehicle;
prescribed means prescribed by the regulations;
professional misconduct has the meaning given in section 79;
psychologist means a person registered under the Health Practitioner Regulation National Law (Western Australia) in the psychology profession;
register means the register kept under section 52(1);
registered practice owner, for veterinary premises, means the person in whose name the veterinary premises are registered;
registrar means the person employed or engaged under section 161(1)(a);
registration —
in relation to a person — means registration under Part 2 as —
a WA veterinarian in 1 or more categories of registration listed in section 5(1); or
an interstate veterinarian; or
a veterinary nurse;
or
in relation to premises — means registration under Part 3 as veterinary premises;
regulatory authority means —
in relation to this State — the Board or the Tribunal; or
in relation to another participating jurisdiction — a person or body whose functions under a law of that jurisdiction correspond closely to the functions of the Board or the Tribunal under this Act;
respondent means a person who is the subject of a complaint;
specialty means a branch of veterinary medicine that is —
accredited as a specialty under, or in the manner prescribed by, the regulations; or
a specialty (however described) under a corresponding law;
Tribunal means the State Administrative Tribunal;
unprofessional conduct has the meaning given in section 78;
veterinarian means —
a WA veterinarian; or
an interstate veterinarian;
veterinary medicine —
includes, but is not limited to, the following —
diagnosing diseases or physiological conditions in, and injuries to, animals;
medical treatment of animals;
performing surgical procedures on animals;
administering anaesthetics to animals;
an act of a kind prescribed as being an act of veterinary medicine;
but
does not include an act of a kind prescribed as not being an act of veterinary medicine;
veterinary nurse means a person registered under Part 2 as a veterinary nurse;
veterinary practice business means a business that —
involves the practice of veterinary medicine by 1 or more veterinarians; and
may supply goods and services relating to the practice of veterinary medicine;
veterinary premises means premises registered under Part 3;
veterinary specialist means —
a person who holds specialist registration as a WA veterinarian; or
an interstate veterinarian who holds their interstate registration in a specialty;
veterinary supervisor means a WA veterinarian appointed to be the veterinary supervisor for veterinary premises;
WA veterinarian means a person registered under Part 2 as a WA veterinarian.
[Section 3 amended: No. 7 of 2022 s. 56; No. 9 of 2022 s. 424.]
This Act binds the Crown in right of Western Australia and, so far as the legislative power of the Parliament permits, the Crown in all its other capacities.
A person may apply to the Board for registration in 1 of the following categories —
general registration as a WA veterinarian;
specialist registration as a WA veterinarian in a particular speciality;
honorary registration as a WA veterinarian;
limited registration as a WA veterinarian;
registration as a veterinary nurse.
The application must —
be made in writing in the form approved by the Board; and
specify the category of registration that is being applied for; and
be accompanied by evidence that the applicant meets the requirements for registration described in Division 2 for the category of registration that is being applied for; and
be accompanied by —
the prescribed application fee; and
the prescribed registration fee;
and
comply with the prescribed requirements (if any).
A person may apply to the Board for the renewal of registration.
The application must —
be made in writing in the form approved by the Board; and
be made not later than 1 month after the day on which the registration to which it relates expires; and
specify the registration to which it relates; and
be accompanied by —
the prescribed application fee; and
if it is made after the day referred to in paragraph (b) — the prescribed additional fee (which cannot be more than 50% of the prescribed application fee); and
the prescribed registration fee;
and
comply with the prescribed requirements (if any).
The Board may, by written notice given to an applicant under this Division, require the applicant to do 1 or more of the following —
give the Board, within a period specified in the notice, any further information relevant to the application that the Board requires;
verify by statutory declaration any information given to the Board;
give the Board, within a period specified in the notice, the applicant’s written consent to seek, from another person or body specified by the Board, information relevant to the application;
attend before the Board, at a place and time specified in the notice, for the purpose of satisfying the Board as to any matter relevant to the application.
In addition, the Board may, under section 129(1), require the applicant to undergo a health assessment.
The Board may refuse a Part 2 application if —
the application is not made in accordance with the requirements of this Division; or
the applicant does not comply with a requirement under section 7(1) or 129(1).
Subsection (1) does not limit the grounds on which the Board can refuse a Part 2 application.
If the Board refuses a Part 2 application, the Board must refund the registration fee that accompanied it.
The Board may determine that a Part 2 application is a non‑standard application if it is satisfied that consideration of the application will require substantially more time and resources than would usually be required for the consideration of a Part 2 application.
If the Board makes a determination under subsection (1), it must —
give the applicant written notice of the determination; and
not give the application further consideration without the written agreement of the applicant.
The notice under subsection (2)(a) must —
be given as soon as practicable after the making of the determination; and
contain short particulars of the reasons for the determination; and
give details of any additional fee payable in respect of a non‑standard application; and
inform the applicant of the effect of subsection (2)(b) and specify the period within which the applicant’s written agreement must be provided to the Board.
The regulations may prescribe additional fees payable in respect of non‑standard applications.
The requirements for general registration as a WA veterinarian are as follows —
the person holds a veterinary qualification recognised by the Board for general registration;
the person’s principal place of residence is, or is proposed to be, in this State;
the person has sufficient physical and mental capacity to practise veterinary medicine competently and safely;
the person is sufficiently proficient in the English language, both written and oral, to practise veterinary medicine competently and safely;
the person is a fit and proper person to hold registration as a WA veterinarian;
the person meets the prescribed requirements (if any) for general registration.
The requirements for specialist registration as a WA veterinarian in a particular specialty are as follows —
the person holds general registration or honorary registration as a WA veterinarian;
the person holds a veterinary qualification recognised by the Board for registration in the specialty;
the person has sufficient practical experience in the specialty;
the person meets the prescribed requirements (if any) for registration in the specialty.
The requirements for honorary registration as a WA veterinarian are as follows —
the person meets the requirements for general registration as a WA veterinarian described in section 10;
the person —
has standing in the profession of veterinary science that justifies the honorary registration of the person; and
has held registration as a veterinarian for at least 40 years.
The reference in subsection (1)(b)(ii) to registration includes registration or authorisation (however described) under —
a corresponding law; or
a law of another country that deals with the regulation of veterinary medicine (however described).
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