New South Wales Consolidated Acts

VETERINARY PRACTICE ACT 2003 - SECT 47

47 Decision after investigation of complaint

(1) After the Board has completed an investigation into a complaint against a veterinary practitioner, the complaint is to be dealt with in accordance with this section.

(2) If the Board is satisfied that the veterinary practitioner is guilty of unsatisfactory professional conduct, the Board may:

(a) apply to the Tribunal for a disciplinary finding against the veterinary practitioner under Division 3, or

(b) exercise the functions conferred on it by subsection (3).

(3) If the Board is satisfied that the veterinary practitioner is guilty of unsatisfactory professional conduct (but not professional misconduct), the Board may take any one or more of the following actions:

(a) reprimand or caution the veterinary practitioner,

(b) impose a fine on the veterinary practitioner of an amount not exceeding $5,000,

(c) impose conditions on the veterinary practitioner’s registration with respect to the practice of veterinary science,

(d) require the veterinary practitioner to complete specified educational courses,

(e) require the veterinary practitioner to report on his or her veterinary practice at specified times, in a specified manner and to specified persons,

(f) require the veterinary practitioner to seek and take advice, in relation to the management of his or her veterinary practice, from a specified person or persons,

(g) require the veterinary practitioner to pay specified costs relating to the hearing.

(4) If the Board is satisfied that the veterinary practitioner is guilty of professional misconduct, the Board:

(a) must apply to the Tribunal for a disciplinary finding against the veterinary practitioner under Division 3, and

(b) may suspend the veterinary practitioner’s registration pending the determination of the matter by the Tribunal.

(5) Action is not to be taken under subsection (4) (b) unless the Board:

(a) has caused notice of the proposed action to be given to the veterinary practitioner, and

(b) has given the veterinary practitioner at least 28 days within which to make written submissions to the Board in relation to the proposed action, and

(c) has taken any such submissions into consideration.

(6) Without limiting section 46, the Board is to dismiss the complaint against the veterinary practitioner if it is satisfied that the veterinary practitioner is not guilty of either unsatisfactory professional conduct or professional misconduct.

(7) The Board is to notify the veterinary practitioner of any action taken by the Board under this section.