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This is a Bill, not an Act. For current law, see the Acts databases.
Veterinary Practice Amendment
Bill 2010
No , 2010
A Bill for
An Act to amend the Veterinary Practice Act 2003 to make further provision in
respect of complaints against veterinary practitioners and the powers and functions
of the Veterinary Practitioners Board; and for other purposes.
Clause 1 Veterinary Practice Amendment Bill 2010
The Legislature of New South Wales enacts: 1
1 Name of Act 2
This Act is the Veterinary Practice Amendment Act 2010. 3
2 Commencement 4
This Act commences on the date of assent to this Act. 5
Page 2
Veterinary Practice Amendment Bill 2010
Amendment of Veterinary Practice Act 2003 No 87 Schedule 1
Schedule 1 Amendment of Veterinary Practice Act 1
2003 No 87 2
[1] Section 4 Definitions 3
Insert in alphabetical order in section 4 (1): 4
health practitioner means a person registered in a health 5
profession under the Health Practitioner Regulation National 6
Law. 7
[2] Section 4 (2) 8
Omit "financial and". 9
[3] Section 4 (3) 10
Insert after section 4 (2): 11
(3) For the purposes of this Act, a person is considered to suffer from 12
an impairment if the person suffers from any physical or mental 13
impairment, disability, condition or disorder which detrimentally 14
affects or is likely to detrimentally affect the person's physical or 15
mental capacity to practise veterinary science. Habitual 16
drunkenness or addiction to a deleterious drug is considered to be 17
a physical or mental disorder. 18
[4] Section 15 Prohibition against directing or inciting misconduct 19
Omit section 15 (1). 20
[5] Section 15 (2) 21
Omit "to which this section applies". 22
[6] Section 18 Refusal of registration 23
Omit section 18 (d). Insert instead: 24
(d) the Board is satisfied that the applicant is not fit to practise 25
veterinary science because the applicant suffers from an 26
impairment, 27
[7] Section 19 Conditions of registration 28
Insert after section 19 (3) (e) (before the note): 29
(f) any impairment suffered by the veterinary practitioner. 30
[8] Section 21 Qualifications for full registration 31
Insert "on the advice of the Australasian Veterinary Boards Council Inc" after 32
"Board" in section 21 (1) (a). 33
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Veterinary Practice Amendment Bill 2010
Schedule 1 Amendment of Veterinary Practice Act 2003 No 87
[9] Section 33 Annual return to be submitted 1
Omit section 33 (1) (b). Insert instead: 2
(b) details of any impairment suffered by the veterinary 3
practitioner, 4
[10] Section 33 (1) (e1) 5
Insert after section 33 (1) (e): 6
(e1) such details of any continuing professional development 7
undertaken by the veterinary practitioner as are prescribed 8
by the regulations, 9
[11] Section 35 Definitions 10
Insert after paragraph (e) of the definition of unsatisfactory professional 11
conduct: 12
(e1) any failure by a veterinary practitioner, without reasonable 13
excuse, to comply with any continuing professional 14
development requirements determined by the Board that 15
are applicable to the veterinary practitioner, 16
[12] Section 35, definition of "unsatisfactory professional conduct" 17
Omit "by reason of infirmity, injury or illness (whether mental or physical)" 18
from paragraph (j). 19
Insert instead "because the practitioner suffers from an impairment". 20
[13] Section 38A 21
Insert after section 38: 22
38A Time limit for making complaints 23
(1) A complaint may be made about the conduct of a veterinary 24
practitioner irrespective of when the conduct is alleged to have 25
occurred. 26
(2) However, the Board is not required to investigate a complaint if 27
the complaint is made more than 3 years after the conduct is 28
alleged to have occurred, unless the Board determines that it is 29
just and fair to investigate the complaint having regard to the 30
delay and the reasons for the delay. 31
(3) A determination by the Board under this section is final and 32
cannot be challenged in any proceedings by the complainant or 33
the veterinary practitioner concerned. 34
Page 4
Veterinary Practice Amendment Bill 2010
Amendment of Veterinary Practice Act 2003 No 87 Schedule 1
[14] Section 40A 1
Insert after section 40: 2
40A Protection of complainants and other persons 3
(1) If a person makes a complaint, and does so in good faith: 4
(a) the making of the complaint does not constitute a breach of 5
professional etiquette or ethics or a departure from 6
accepted standards of professional conduct, and 7
(b) no liability for defamation is incurred because of the 8
complaint, and 9
(c) the making of the complaint does not constitute a ground 10
for any other civil proceedings. 11
(2) The protections given to a complainant by this section extend to: 12
(a) any person who, in good faith, provided the complainant 13
with any information on the basis of which the complaint 14
was made, and 15
(b) any person who, in good faith, was otherwise concerned in 16
the making of the complaint. 17
[15] Section 44A 18
Insert after section 44: 19
44A Protection from incrimination 20
(1) Self-incrimination not an excuse 21
A person is not excused from answering any question, providing 22
any information or producing a document if required to do so by 23
the Board in any proceedings before the Board in respect of a 24
complaint on the ground that the answer, information or 25
document might tend to incriminate the person or make the 26
person liable to a penalty. 27
(2) Answer or information not admissible if objection made 28
However, any answer given or information provided by a natural 29
person in any proceedings before the Board in respect of a 30
complaint is not admissible in evidence against the person in any 31
criminal proceedings (except proceedings for an offence against 32
section 44 or under Part 5A of the Crimes Act 1900) if: 33
(a) the person objected at the time to doing so on the ground it 34
might incriminate the person, or 35
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Veterinary Practice Amendment Bill 2010
Schedule 1 Amendment of Veterinary Practice Act 2003 No 87
(b) the person was not warned on that occasion that the person 1
may object to answering the question or providing the 2
information on the ground it might incriminate the person. 3
(3) Documents admissible 4
Any document produced by the person in compliance with a 5
requirement of the Board in proceedings before the Board in 6
respect of a complaint is not inadmissible in evidence against the 7
person in criminal proceedings on the ground that the document 8
might incriminate the person. 9
(4) Further information 10
Further information obtained as a result of an answer given or 11
information provided in compliance with a requirement of the 12
Board in proceedings before the Board in respect of a complaint 13
is not inadmissible in any proceedings on the ground: 14
(a) that the answer had to be given or the information had to 15
be provided, or 16
(b) that the answer given or information provided might 17
incriminate the person. 18
[16] Section 45A 19
Insert after section 45: 20
45A Board may require practitioner to undergo examination 21
(1) For the purpose of investigating or determining any complaint, 22
the Board may, by notice given to the veterinary practitioner 23
against whom a complaint has been made, require the practitioner 24
to undergo an examination by a specified health practitioner at a 25
specified time and place. 26
(2) A veterinary practitioner must not be required to undergo an 27
examination unless it is reasonable to require the examination. 28
(3) The time and place for the examination must be reasonable. 29
(4) The examination is to be at the expense of the Board. 30
(5) A health practitioner must, as soon as possible after carrying out 31
an examination of a veterinary practitioner under this section, 32
give a report about the examination to the Board. 33
(6) The Board must give a copy of such a report to the veterinary 34
practitioner concerned as soon as possible after the Board 35
receives the report from the health practitioner. 36
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Veterinary Practice Amendment Bill 2010
Amendment of Veterinary Practice Act 2003 No 87 Schedule 1
(7) A failure by a veterinary practitioner, without reasonable cause, 1
to comply with a requirement to undergo an examination is, for 2
the purposes of this Act, evidence that the practitioner does not 3
have sufficient physical or mental capacity to practise veterinary 4
science. 5
(8) If a health practitioner provides a report to the Board under this 6
section, and does so in good faith: 7
(a) the provision of the report does not constitute a breach of 8
professional etiquette or ethics or a departure from 9
accepted standards of professional conduct, and 10
(b) no liability for defamation is incurred because of the 11
provision of the report, and 12
(c) the provision of the report does not constitute a ground for 13
any other civil proceedings. 14
(9) The protections given to a health practitioner by subsection (8) 15
extend to: 16
(a) any person who, in good faith, provided the health 17
practitioner with any information on the basis of which the 18
report was prepared, and 19
(b) any person who, in good faith, was otherwise concerned in 20
the preparation or the provision to the Board of the report. 21
[17] Section 46 Power to dismiss certain complaints 22
Omit "issue a caution" from section 46 (5). 23
Insert instead "make a recommendation". 24
[18] Section 47 Decision after investigation of complaint 25
Omit section 47 (2)(5). Insert instead: 26
(2) If the Board is satisfied that the veterinary practitioner is guilty of 27
unsatisfactory professional conduct or professional misconduct, 28
the Board may: 29
(a) apply to the Tribunal for a disciplinary finding against the 30
veterinary practitioner under Division 3, or 31
(b) take any one or more of the following actions: 32
(i) reprimand or caution the veterinary practitioner, 33
(ii) impose a fine on the veterinary practitioner of an 34
amount not exceeding $5,000, 35
(iii) impose conditions on the veterinary practitioner's 36
registration with respect to the practice of veterinary 37
science, 38
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Veterinary Practice Amendment Bill 2010
Schedule 1 Amendment of Veterinary Practice Act 2003 No 87
(iv) require the veterinary practitioner to complete 1
specified educational courses, 2
(v) require the veterinary practitioner to report on his or 3
her veterinary practice at specified times, in a 4
specified manner and to specified persons, 5
(vi) require the veterinary practitioner to seek and take 6
advice, in relation to the management of his or her 7
veterinary practice, from a specified person or 8
persons, 9
(vii) require the veterinary practitioner to pay specified 10
costs relating to the hearing. 11
(3) If the Board is satisfied that the veterinary practitioner is guilty of 12
professional misconduct of a kind that is of a sufficiently serious 13
nature to justify the suspension or cancellation of a veterinary 14
practitioner's registration, the Board must apply to the Tribunal 15
for a disciplinary finding against the veterinary practitioner under 16
Division 3. 17
(4) If the Board is satisfied that the veterinary practitioner is guilty of 18
professional misconduct and has applied to the Tribunal for a 19
disciplinary finding against the practitioner, the Board may 20
suspend the practitioner's registration pending determination of 21
the matter by the Tribunal. 22
(5) The Board must not suspend the veterinary practitioner's 23
registration unless the Board: 24
(a) has caused notice of the proposed action to be given to the 25
veterinary practitioner, and 26
(b) has given the veterinary practitioner at least 28 days within 27
which to make written submissions to the Board in relation 28
to the proposed action, and 29
(c) has taken any such submissions into consideration. 30
(5A) However, the Board may suspend the registration of the 31
veterinary practitioner with immediate effect if satisfied that 32
immediate suspension of the veterinary practitioner's registration 33
is justified: 34
(a) to protect the health or safety of a person, or 35
(b) to protect the health or welfare of an animal, or 36
(c) to prevent damage to Australia's international reputation 37
in relation to animal exports, animal welfare, animal 38
produce or sporting events. 39
Page 8
Veterinary Practice Amendment Bill 2010
Amendment of Veterinary Practice Act 2003 No 87 Schedule 1
[19] Section 48 Person may apply to Tribunal for a review of disciplinary 1
finding of Board 2
Omit "under section 47 (4)" from section 48 (2). 3
Insert instead "for a disciplinary finding against a veterinary practitioner". 4
[20] Section 48 (2) 5
Omit "under that subsection". 6
[21] Section 56A 7
Insert after section 56: 8
56A Confidentiality of health reports about veterinary practitioners 9
(1) A person must not directly or indirectly make a record of or 10
disclose to any person any information contained in a protected 11
health report which has come to the person's notice in the 12
exercise of the person's functions under this Act, except for the 13
purposes of exercising functions under this Act. 14
Maximum penalty: 50 penalty units. 15
(2) A protected health report may not be admitted or used in any civil 16
proceedings before a court except with the consent of: 17
(a) the health practitioner who prepared the report, and 18
(b) the veterinary practitioner who is the subject of the report. 19
(3) A person may not be compelled to produce a protected health 20
report or to give evidence in relation to the report or its contents 21
in any such civil proceedings. 22
(4) In this section: 23
court includes any tribunal, authority or person having power to 24
require the production of documents or the answering of 25
questions, but does not include the Board, the Tribunal (in respect 26
of proceedings under this Act) or the Supreme Court (in respect 27
of appeal proceedings under this Act). 28
protected health report means a report prepared by a health 29
practitioner in relation to the examination of a veterinary 30
practitioner that was required by the Board under this Part. 31
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Veterinary Practice Amendment Bill 2010
Schedule 1 Amendment of Veterinary Practice Act 2003 No 87
[22] Section 63 Restrictions on publicising disciplinary action 1
Omit section 63 (2). Insert instead: 2
(2) If disciplinary action is taken against a person because the person 3
suffers from an impairment, the reason for the disciplinary action, 4
and any other information relating to the impairment of the 5
person, is not to be recorded in the register kept under this 6
Division or otherwise publicised. 7
[23] Section 77 Membership of Board 8
Omit "by the University of Sydney" from section 77 (3) (b). 9
Insert instead "jointly by the University of Sydney and Charles Sturt 10
University". 11
[24] Section 79 Functions of Board 12
Insert ", including by determining the requirements for continuing 13
professional development of veterinary practitioners" after "practitioners" in 14
section 79 (2) (j). 15
[25] Schedule 4 Savings, transitional and other provisions 16
Insert at the end of clause 1 (1): 17
Veterinary Practice Amendment Act 2010 18
[26] Schedule 4, Part 3 19
Insert at the end of the Schedule: 20
Part 3 Provisions consequent on enactment of 21
Veterinary Practice Amendment Act 2010 22
21 Definition 23
In this Part, amending Act means the Veterinary Practice 24
Amendment Act 2010. 25
22 Complaints 26
(1) An amendment made to this Act by the amending Act does not 27
apply in respect of a complaint made before the commencement 28
of the amendment. 29
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Veterinary Practice Amendment Bill 2010
Amendment of Veterinary Practice Act 2003 No 87 Schedule 1
(2) In the case of a complaint about conduct that is alleged to have 1
occurred before the commencement of section 38A, the 3 years 2
referred to in section 38A (2) date from the commencement of 3
section 38A and not from the date the conduct is alleged to have 4
occurred. 5
23 Membership of Board 6
The amendment made to section 77 by the amending Act applies 7
only to a member of the Board appointed after the 8
commencement of the amending Act. 9
Page 11
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