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1995
Explanatory note
This explanatory note relates to this Bill as introduced into Parliament.
(a)
to increase the membership of both the Veterinary Surgeons
Investigating Committee and the Disciplinary Tribunal by including a
member who is not a veterinary surgeon to represent the interests of
users of veterinary services, and
(b)
to confer additional powers on the Investigating Committee and on the
Disciplinary Tribunal in dealing with complaints against veterinary
surgeons, and
(c)
to transfer responsibility for the making of disciplinary orders against
veterinary surgeons from the full Disciplinary Tribunal to the
chairperson of that Tribunal following a finding by the full Tribunal
that a complaint has been proved, and
(d)
to transfer responsibility for licensing veterinary hospitals from the
Director-General of the Department of Agriculture to the Board of
Veterinary Surgeons of New South Wales ("the Board"), and
(e)
to transfer responsibility for financing the operations of the Board
from the Treasury to the Board, and
(f)
to make other changes of a minor or consequential nature.
Clause 2 provides for the provisions of the proposed Act to commence on a
day or days to be fixed by proclamation.
Clause 3 is a formal provision giving effect to the amendments set out in
Schedules 14.
Schedule 1 Amendments relating to disciplinary
proceedings
The amendments made by Schedule 1 relate to the disciplinary functions of
the Investigating Committee (established under section 24) and the
Disciplinary Tribunal (established under section 25).
An amendment to section 24 (which constitutes the Veterinary Surgeons
Investigating Committee) will expand the membership of the Committee
from 4 to 5. The additional member will be a person, who is not a veterinary
surgeon, appointed by the Minister to represent the users of veterinary
services. (See Schedule 1 [1][3].)
An amendment to section 25 (which constitutes the Veterinary Surgeons
Disciplinary Tribunal) will provide for the appointment of an additional
member of the Tribunal. The additional member will be a person, who is not
a veterinary surgeon, appointed by the Minister to represent the users of
veterinary services. (See Schedule 1 [4] and [5].)
An amendment to section 26 (which deals with the making of complaints
against veterinary surgeons) will enable a complaint to be made against a
veterinary surgeon who is alleged to have contravened a condition imposed
on the veterinary surgeon under section 28 (1) or 32 (1). (See Schedule 1
[6] and [7].)
Explanatory note page 2
An amendment to section 28 (which sets out the decisions that the
Investigating Committee can make when dealing with a complaint about the
conduct of a veterinary surgeon) will enable that Committee to impose
conditions on a veterinary surgeon's right to continue to practise veterinary
science. For example, a veterinary surgeon may be required to undertake a
course in anaesthesia as a condition of being allowed to administer
anaesthetics to animals when practising veterinary science. (See
Schedule 1 [8][10]). A further amendment to section 28 is intended to
make it clear that a veterinary surgeon who is being investigated by the
Investigating Committee has a right to make both written and oral
representations before it exercises its powers to caution or reprimand a
veterinary surgeon, to impose conditions on the veterinary surgeon's right to
practise or to refer the complaint to the Disciplinary Tribunal. (See
Schedule 1 [11].)
Proposed section 30A will enable a veterinary surgeon to appeal to the
Disciplinary Tribunal against an order made against the veterinary surgeon
by the Investigating Committee under section 28 of the Principal Act.
(See Schedule 1 [14].)
Section 32 of the Principal Act, which currently provides for complaints
against veterinary surgeons to be determined by the Disciplinary Tribunal, is
to be replaced. The new section will provide for disciplinary orders to be
made by the chairperson of the Tribunal instead of the full Tribunal if the
full Tribunal finds that the complaint is proved. The section will also allow
the chairperson, when dealing with a registered veterinary surgeon, to
impose conditions relating to that surgeon's right to continue to practise
veterinary science. (See Schedule 1 [18].)
The amendments made by Schedule 1 [12], [13], [15][17] and [19][30]
are consequential on proposed section 30A and the substitution of section
32.
An amendment to clause 5 of Schedule 2 (Provisions relating to the
members and procedure of the Investigating Committee) is consequential on
Schedule 1 [l]. (See Schedule 1 [31].)
Amendments to Schedule 3 (Provisions relating to the members of the
Disciplinary Tribunal) are consequential on Schedule 1 [4] and [5]. (See
Schedule 1 [32][35].)
Explanatory note page 3
Schedule 2
Amendments relating to licensing of
veterinary hospitals
The amendments made by Schedule 2 [2][3] provide for responsibility for
administering the licensing of veterinary hospitals under Part 6 of the
Principal Act to be transferred from the Director-General of the Department
of Agriculture to the Board. (The Board already has responsibility for
registering veterinary surgeons.) An amendment to section 55 of the
Principal Act will replace the existing provision that provides for inspectors
to be appointed by the Director-General of the Department of Agriculture
with a provision that will allow the Board to appoint inspectors to enable it
to enforce the provisions of the Principal Act. The amendment will also
require inspectors to produce on request a written authority issued by the
Board when exercising their powers under that Act. (See Schedule 2 [4].)
The other amendments made by Schedule 2 are of a consequential nature.
Schedule 3
Amendments relating to finances of Board
of Veterinary Surgeons
The amendments made by Schedule 3 have the effect of transferring
responsibility for funding the Board's operations under the Principal Act
from the Treasury to the Board.
Proposed Part 6A provides for the establishment of a fund to be known as
the New South Wales Veterinary Surgeons Fund ("the Fund"). Expenses
incurred in administering the Principal Act (including remuneration payable
to Board members) are to be paid from the Fund. The Board will be able to
invest money held in the Fund. (See Schedule 3 [1] and [2].)
The Board's staff are employed under Part 2 of the Public Sector
Management Act 1988 and are remunerated from the Consolidated Fund. In
order to reimburse the Consolidated Fund, the Board will be required to
reimburse the Treasurer for the costs involved in remunerating the Board's
staff.
Section 67 of the Principal Act (which requires fees and other money
payable under that Act to be paid into the Consolidated Fund) is to be
consequentially repealed. (See Schedule 3 [3].)
Schedule 4 Miscellaneous amendments
Schedule 4 [1] will require the annual licence fee payable by the licensee of
a veterinary hospital to be paid before 1 July in each year (instead of
3 l March as at present).
Explanatory note page 4
Schedule 4 [2] will enable proceedings for offences against the Principal
Act or the regulations to be brought within 12 months after the offence is
alleged to have been committed.
Schedule 4 [3] amends Schedule 1 to the Principal Act (Provisions relating
to the members and procedure of the Board). The amendment will require
members of the Board to disclose their pecuniary interests to the Board.
Schedule 4 [4] and [5] amend Schedule 2 to the Principal Act (Provisions
relating to the members and procedure of the Investigating Committee). The
amendments update clauses 8 and 9 of the Schedule. Those clauses
respectively provide for the circumstances in which members of the
Investigating Committee vacate office and the effect of certain other Acts on
the appointment of those members.
Schedule 4 [6][9] contain amendments of a savings and transitional nature
that are consequential on the amendments made by the proposed Act.
Explanatory note page 5