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[2022] NSWCATOD 60
NCAT Occupational
2020-10-14
Foreman AM
Original judgment source is linked above.
Introduction
Background
The Respondent's material
The Applicant's material
The Transcript
The Complaint
Oral issues
Written issues and submissions
The Tribunal's consideration of issues
LUNGS
Relevant legislation
The role of the Tribunal
Powers of Tribunal on review
Dr Kallman's clinical records
The Board's submissions concerning Dr Kallman.
Failure by Dr Kallman to give evidence to the Tribunal
Experts' reports
Expert reports of Dr Tabrett
Expert report of Dr Munro
Expert report of Dr Goddard
Insistence by Missy's owner(s) on her discharge
Missy's arthritis
Comments regarding written submissions by the parties
Part I: Case Law
Part 2: The relevance of the above Case Law
Part 3: Specific matters raised by the Tribunal.
First Argument: There is no Rule or legal requirement that prohibits a veterinarian from discharging a non-ambulatory animal:
Second Argument: The Board failed to conduct an investigation or interview with the original complainant, Mrs Buckley, to establish her credibility and her evidence
Third Argument: The Board's counsel maintains that the patient was not referred to another veterinarian nor treated properly (with radiographs, oxygen, etc) but this was never part of the charge or the finding.
Fourth Argument: The Board's counsel alleges that it is unprofessional to discharge a non-ambulatory patient and not to have obtained a signed waiver from the pet owner, as well as indicating that my notes do not say anything about the patient being removed.
Fifth Argument: The Complainant avers that the dog was floppy and covered in urine.
Sixth Argument: The Board ignored my competence and experience in treating tick toxicosis cases over the past ten years, and decided based on one case that I am suddenly incompetent and that I have acted unsatisfactorily.
Dr Kallman's submissions in reply (ASR)
Costs
Decision
Orders 1. The decision under review is affirmed. 2. The Applicant pay the costs of the Respondent, of and incidental to these proceedings, as agreed or assessed on the ordinary basis.
I hereby certify that this is a true and accurate record of the reasons for decision of the Civil and Administrative Tribunal of New South Wales. Registrar DISCLAIMER - Every effort has been made to comply with suppression orders or statutory provisions prohibiting publication that may apply to this judgment or decision. The onus remains on any person using material in the judgment or decision to ensure that the intended use of that material does not breach any such order or provision. Further enquiries may be directed to the Registry of the Court or Tribunal in which it was generated. Decision last updated: 14 June 2022
Kallman
Veterinary Practitioners Board