New South Wales Repealed Acts

This legislation has been repealed.

VETERINARY SURGEONS ACT 1986 - SECT 29

29 Miscellaneous provisions relating to investigations of complaints

(1) Where the persons constituting the Investigating Committee are divided in opinion as to the decision to be given on any question, the question shall be decided according to the opinion of the majority, but if those persons are equally divided in opinion, the decision shall be in favour of the registered veterinary surgeon concerned.

(2) The chairperson of the Investigating Committee may direct that:

(a) any specified evidence during the investigation of a complaint made to the Investigating Committee,

(b) the subject-matter of a complaint, and

(c) details of, and reasons for, the decision of the Investigating Committee with respect to a complaint,

may be published in a publication intended primarily for the use of the legal or veterinary profession.

(3) A person shall not publish any particular referred to in subsection (2) unless the publication is in accordance with a direction of the chairperson.

Maximum penalty: 20 penalty units or 12 months’ imprisonment, or both.

(4) Where an amount is deposited pursuant to section 26 (8) and the Investigating Committee:

(a) in the course of investigating the complaint has required further particulars of the complaint to be given or the complaint or further particulars to be verified by statutory declaration and that requirement is not complied with, or

(b) after investigating the complaint is of the opinion that the complaint is vexatious or frivolous,

the Investigating Committee may so declare and the amount deposited shall be forfeited.

(5) If no declaration under subsection (4) is made, the amount deposited shall be refunded to the person by whom it was deposited.

(7) At the conclusion of the investigation of a complaint, the Investigating Committee shall notify the Board of:

(a) the name and address of the registered veterinary surgeon concerned, and

(b) any action taken by the Investigating Committee under section 28,

and may, in addition, notify the Board of:

(c) the name and address of the person who made the complaint,

(d) the name and address of any witness, and

(e) any other particulars it thinks fit.