Western Australian Consolidated Acts Western Australian Consolidated Acts (1) The Board shall
cause to be removed from the Register the name of any person who, not being a
body corporate —
(a) has
died;
(b) does
not possess, or has ceased to possess, any qualification or prerequisite that
entitled him to registration under section 20, 20AA or 20AB; or
(c) has
become permanently incapable of performing his duties as a registered
veterinary surgeon,
or if, being a body
corporate, the person would by reason of the circumstances then prevailing not
have been approved for registration had an application been made at that time,
or if the Board is requested in writing by that person to remove the name from
the Register or if the person fails to pay any prescribed fee payable under
section 18.
(2) Where a registered
veterinary surgeon or, where that person is a body corporate, a person who is
a member of that body corporate has been convicted either in this State of an
indictable offence or elsewhere of an offence of a nature, which, if that
offence were committed in this State, would have constituted an indictable
offence, the Board may remove the name of that veterinary surgeon from the
Register or order the suspension of the registration of that veterinary
surgeon for such period not exceeding 12 months as the Board thinks fits.
(2a) The Board may
allege to the State Administrative Tribunal that a registered veterinary
surgeon is guilty of unprofessional conduct as a veterinary surgeon.
(2aa) If, in a
proceeding commenced by an allegation under subsection (2a), the State
Administrative Tribunal is satisfied that a registered veterinary surgeon is
guilty of unprofessional conduct as a veterinary surgeon, the Tribunal
may —
(a)
reprimand the veterinary surgeon;
(b)
require the veterinary surgeon to give an undertaking to refrain from such
conduct as may be specified by the Board;
(c) fine
the veterinary surgeon an amount not exceeding $1 000;
(d)
order the suspension of the registration of that veterinary surgeon for such
period not exceeding 12 months, as the Tribunal thinks fit;
(e)
order the removal of the name of that veterinary surgeon from the Register;
(f)
order the imposition of conditions as to the registration of that veterinary
surgeon or restrictions on the practice of veterinary surgery by that person.
(2b) Where, pursuant
to a determination of an authority lawfully exercising in any place outside
the State powers which in the opinion of the Board are substantially similar
to the powers conferred on the Board or the State Administrative Tribunal by
this Act, a person is suspended from practice as a veterinary surgeon or the
name of that person is removed from the register or other record maintained by
that authority by reason of unprofessional conduct as a veterinary surgeon,
the Board —
(a)
where the person is so suspended from practice, may suspend the registration
of that person under this Act for a like period; or
(b)
where the name is so removed, may remove the name from the Register maintained
pursuant to this Act,
as the Board thinks
fit.
(3) A person suspended
from practice as a veterinary surgeon under this Act or by the State
Administrative Tribunal in proceedings commenced under this Act is not a
registered veterinary surgeon for the period of suspension.
(4) Without limiting
the meaning of the expression, unprofessional conduct as a veterinary surgeon
, a registered veterinary surgeon is guilty of such unprofessional conduct if
that person —
(a) is
an habitual drunkard;
(b) is
habitually addicted to drugs;
(c)
contravenes any of the provisions of section 26A(2) or (3);
(d)
advertises in any way in respect of the profession of a veterinary surgeon
otherwise than in accordance with the regulations, or so advertises in
contravention of the regulations;
(e) does
not observe the standards of professional conduct as prescribed; or
(f)
contravenes any condition or restriction imposed on or in relation to the
registration of that person as a veterinary surgeon.
(5) Where a person has
been convicted of any offence referred to in subsection (2), if in the
opinion of the Board the offence does not, either from its nature or from the
circumstances under which it was committed, render the person unfit, having
regard to the interest of the public, to practise veterinary science, the
Board shall not remove the name of that person from the Register or suspend
the registration of that person as a veterinary surgeon.
[(6)-(9) deleted]
(10) The Registrar
shall enter in the Register against the entry relating to the person details
of any order made against a person in proceedings commenced before the State
Administrative Tribunal by an allegation under this section.
(11) Where the Board
makes any decision in relation to a person that would result in the removal of
the name of that person from the Register otherwise than at the request, or by
reason of the death, of that person, the Registrar shall as soon as is
practicable give notice in writing thereof to the person concerned.
(12) A person
aggrieved by a decision or order of the Board made in respect of that person
under this section, other than a decision to make an allegation to the State
Administrative Tribunal, may apply to the State Administrative Tribunal for a
review of the decision.
[Section 23 amended by No. 45 of 1977
s. 17; No. 8 of 1984 s. 16; No. 43 of 1988 s. 12; No. 55 of
2004 s. 1281.]