Western Australian Consolidated Acts Western Australian Consolidated Acts (1) Subject to the
provisions of section 20A, a person, not being a body corporate, who
satisfies the Board that he is of good fame and character is entitled to be
registered under this Act as a veterinary surgeon if he proves to the
satisfaction of the Board that he —
(a)
holds a degree, diploma or licence of competency in veterinary surgery from a
university in the Commonwealth of Australia; or
(b) is a
member of the Royal College of Veterinary Surgeons of Great Britain who has
passed the membership examination of that College; or
(c)
holds a degree, diploma or licence of competency in veterinary surgery from a
university in the United Kingdom of Great Britain and Northern Ireland which
would entitle the holder on application to become a member of the Royal
College of Veterinary Surgeons of Great Britain; or
(d)
holds a degree, diploma or licence of competency in veterinary surgery by
virtue of having satisfactorily completed a regularly graded course of study
of not less than 5 years’ duration at a university, college or
institution recognized by the Board; or
(e)
has —
(i)
satisfactorily completed a regularly graded course of
study in veterinary surgery of not less than 4 years’ duration at a
university, college or institution approved by the Board (not being a
university, college or institution recognized by the Board for the purposes of
paragraph (d)) and holds a degree, diploma or licence of competency in
veterinary surgery which he proves to the satisfaction of the Board is or at
the time of its issue was, accepted in the country in which it was issued as
sufficient evidence of the holder having the requisite knowledge of, and skill
in, the practice of veterinary surgery, so as to permit him to practise
veterinary surgery in that country;
(ii)
been continuously resident in the Commonwealth of
Australia for the period of one year immediately preceding the date of his
application for registration; and
(iii)
passed a prescribed examination to the satisfaction of
the Board.
(2) Where a person,
not being a body corporate, satisfies the Board that he has such
qualifications in veterinary surgery as to justify the Board in exempting him
from all or any of the requirements of subsection (1)(e)(ii) and (iii),
the Board may —
(a)
exempt him from all or any of those requirements; or
(b) if
the Board thinks fit, impose conditions as to his registration or restrictions
on the practice of veterinary surgery by that person notwithstanding his
registration; or
(c) so
exempt him, and impose such conditions.
(3) A person, being a
body corporate, may at the discretion and direction of the Board be registered
under this Act as a veterinary surgeon if it is proved to the satisfaction of
the Board that the body —
(a) is
comprised entirely of members, not being bodies corporate, who are entitled to
be and are registered under this Act; or
(b)
comprises 2 members, neither of whom is a body corporate, of whom one is
entitled to be and is registered under this Act and the other is a person of
good fame and character,
and the Board is
satisfied as to the terms of the constituent documents by reference to which
the body is incorporated and approves the application for registration.
(4) The Board shall
not approve the application for registration of a body corporate where the
Board is of the opinion that —
(a) the
control of the affairs of the body corporate is vested in a person who is not
a registered veterinary surgeon or that the power of persons to exercise, or
to control the exercise of, the rights to vote attached to shares in the body
corporate, or to dispose of, or to exercise control over the disposal of, such
shares is such that the personal supervision and management of the affairs of
the body corporate might become vested in a person who is not a registered
veterinary surgeon;
(b) full
personal professional responsibility for the conduct of the affairs of the
body corporate in relation to veterinary activities does not remain an
obligation of each member who is a registered veterinary surgeon, or if any
person not having appropriate professional qualifications has authority over
professional matters;
(c)
proper and adequate provision is not made for disclosure to the Board of the
affairs of the body corporate, on request in writing by the Board to any
member who is a registered veterinary surgeon, or that an undertaking to that
effect will not be satisfactory to the Board;
(d) the
members are not properly and adequately covered by professional indemnity
insurance, or capital or other security is not maintained, in amounts thought
by the Board to be sufficient to offer adequate protection to the public, for
acts or omission on the part of the members, the body corporate or any
employees giving rise to a claim for compensation or damages; or
(e) that
there are other grounds upon which the application ought to be refused.
(5) Any civil
liability in connection with veterinary science or the practice of
veterinary surgery incurred by a body corporate that is a registered
veterinary surgeon under this Act is enforceable jointly and severally against
the body corporate and any person who, at the time the liability was incurred,
was as a registered veterinary surgeon a member of that body corporate.
(6) In relation to a
body corporate, the Board may impose conditions as to the registration or
restrictions on the practice of veterinary surgery, and a failure to comply
with any such condition or restriction may be taken to constitute
unprofessional conduct as a veterinary surgeon.
[Section 20 amended by No. 45 of 1977
s. 12; No. 8 of 1984 s. 11; No. 43 of 1988 s. 7.]