Victoria act

Veterinary Practice Act 1997

In ForceVIC

Jurisdiction

Victoria

Collection

act

Plain English Summary

7/10 complexity

Creates a licensing and disciplinary regime for veterinary practice in Victoria: it establishes a Board and Fund, requires registration to practise, sets fees, and gives powers to investigate, sanction and regulate advertising. It affects practitioners, employers, education providers and interstate vets. The Act’s purpose is to protect public and animal health by controlling entry, conduct and enforcement while providing appeal rights.

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What it does

Mechanically, the Veterinary Practice Act 1997 creates a statutory system for recognising, regulating and disciplining veterinary practitioners in Victoria. The Act establishes the Veterinary Practitioners Registration Board of Victoria (the Board) (s 61), a dedicated Fund to receive fees and fines (s 78), and a public Register of veterinary practitioners (s 16). It prescribes types of registration , general, specific, non‑practising, and endorsements as a specialist (ss 6, 7, 7A, 8) , and it also provides deemed registration where a person holds an interstate right to practise (ss 3A, 3B). The Board sets and publishes fees (ss 4(2)(d), 86(1)(c)), keeps the Register (s 16), issues certificates (s 17), and runs complaint, investigative and hearing processes under Part 3 (ss 20-52). The Board has investigatory powers, can apply for search warrants (s 82), may issue or cause infringement notices (s 86A), and can vary registration by imposing conditions, suspending or cancelling registration (ss 24, 45, 46). Registered practitioners have review rights to the Victorian Civil and Administrative Tribunal (VCAT) in many circumstances (s 55).

The Act states its own purposes in s 1: to protect the public through registration and investigation of fitness to practise, to establish the Board and its Fund, to repeal the earlier Veterinary Surgeons Act 1958, and to provide consequential provisions. Those are claims of purpose inside the text (s 1). The Act supplies the mechanisms to carry those purposes into effect: mandatory or optional registration pathways (Part 2), a complaints procedure and staged investigative process with preliminary and formal hearings (Part 3), sanctions and publication obligations following determinations (ss 45, 52), and monetary and non‑monetary penalties for unlawful conduct or misrepresentation (Parts 3 and 5).

Current sections

Direct links to the current provisions in Veterinary Practice Act 1997.

122

Part 1

Preliminary

Part 1—Preliminary

Purposes

1 Purposes

The main purposes of this Act are—

(a) to protect the public by providing for the registration of veterinary practitioners and investigations into the professional conduct and fitness to practise of registered veterinary practitioners; and

(b) to establish the Veterinary Practitioners Registration Board of Victoria and the Veterinary Practitioners Registration Board Fund; and

(d) to make consequential amendments to other Acts; and

(e) to provide for other related matters.

Commencement

2 Commencement

(1) This Part comes into operation on the day on which this Act receives the Royal Assent.

(2) Subject to subsection (3), the remaining provisions of this Act come into operation on a day or days to be proclaimed.

(3) If a provision referred to in subsection (2) does not come into operation before 1 December 1998, it comes into operation on that day.

Definitions

3 Definitions

In this Act—

S. 3 def. of Admini-strative Appeals Tribunal repealed by No. 101/1998 s. 34(a).

S. 3 def. of alcoholic repealed by No. 43/2010 s. 49(1)(a) (as amended by No. 29/2011 s. 3(Sch. 1 item 86.2)).

S. 3 def. of approved person inserted by No. 22/2022 s. 168(1).

approved person means a person approved under section 3C;

S. 3 def. of Australian legal practitioner inserted by No. 71/2014 s. 24,
repealed by No. 71/2014 s. 38.

Board means the Veterinary Practitioners Registration Board of Victoria established under Part 6;

S. 3 def. of drug-dependent person repealed by No. 43/2010 s. 49(1)(a) (as amended by No. 29/2011 s. 3(Sch. 1 item 86.2)).

Fund means the Veterinary Practitioners Registration Board Fund established under Part 7;

S. 3 def. of interstate right to practise inserted by No. 35/2009 s. 109(1).

interstate right to practise means a right to carry on or engage in veterinary practice in another State or a Territory, being the equivalent of general registration under section 6;

S. 3 def. of interstate veterinary registration authority inserted by No. 35/2009 s. 109(1).

interstate veterinary registration authority means a person or body conferred with the function or power under a law of another State or a Territory to confer or grant a right to carry on or engage in veterinary practice in that State or Territory, being the equivalent of registration as a veterinary practitioner under this Act;

S. 3 def. of lawyer amended by No. 17/2014 s. 160(Sch. 2 item 102).

lawyer means an Australian lawyer;

S. 3 def. of principal place of residence inserted by No. 71/2014 s. 24.

principal place of residence includes sole place of residence;

register means the register of veterinary practitioners kept under Part 2;

S. 3 def. of registered medical practitioner amended by No. 97/2005 s. 182(Sch. 4 item 53.1), substituted by No. 13/2010 s. 51(Sch. item 58.1).

registered medical practitioner means a person registered under the Health Practitioner Regulation National Law to practise in the medical profession (other than as a student);

S. 3 def. of registered veterinary practitioner substituted by No. 35/2009 s. 109(2), amended by No. 22/2022 s. 168(3).

registered veterinary practitioner means—

(a) a person registered under Part 2 (whether or not the registration of that person is general or specific); or

(ab) a person whose name has been restored to the register under section 13; or

(b) a person deemed to be registered by operation of section 3A;

S. 3 def. of Secretary inserted by No. 103/2003 s. 45(a), amended by Nos 108/2004 s. 117(1) (Sch. 3 item 214.1), 70/2013 s. 4(Sch. 2 item 54), 22/2022 s. 168(4), 41/2025 s. 4(Sch. 2 item 31).

Secretary means the person who is, for the time being, the Department Head (within the meaning of the Public Administration Act 2004) of the Department of Energy, Environment and Climate Action;

S. 3 def. of severe substance dependence inserted by No. 43/2010 s. 49(1)(b) (as amended by No. 29/2011 s. 3(Sch. 1 item 86.2)).

severe substance dependence has the same meaning as in section 5 of the Severe Substance Dependence Treatment Act 2010;

S. 3 def. of unpro-fessional conduct amended by Nos 103/2003 s. 45(b), 22/2022 s. 168(2).

unprofessional conduct means all or any of the following—

(a) professional conduct which is of a lesser standard than that which the public might reasonably expect of a registered veterinary practitioner;

(b) professional conduct which is of a lesser standard than that which might reasonably be expected of a veterinary practitioner by his or her peers;

(d) infamous conduct in a professional respect;

(e) providing veterinary services of a kind that are excessive, unnecessary or not reasonably required for an animal's well-being;

(f) a finding of guilt of—

(i) an indictable offence in Victoria, or an equivalent offence in another jurisdiction;

(ii) an offence which, in the opinion of the Board, makes the veterinary practitioner unfit to be a registered veterinary practitioner;

(iii) an offence under this Act or the regulations;

(iv) an offence as a veterinary practitioner under any other Act or regulations;

(g) influencing or attempting to influence the conduct of a veterinary practice in such a way that an animal's well-being may be compromised;

(h) the contravention of or failure to comply with a condition, limitation or restriction on the registration of a veterinary practitioner imposed by or under this Act unless, in the case of a veterinary practitioner whose registration is subject to the condition of being supervised, the supervisor is changed or unable to continue supervising the veterinary practitioner;

Note

See section 7AA for the cancellation of the specific registration of a veterinary practitioner if there is a condition, limitation or restriction imposed on the registration and this condition cannot be complied with.

veterinary practice means the practise of veterinary surgery and veterinary medicine.

S. 3A inserted by No. 35/2009 s. 110.

Deemed general registration

3A Deemed general registration

(1) For the purposes of this Act, a person who holds an interstate right to practise is deemed to be registered under this Act as a veterinary practitioner with general registration.

(2) The general registration referred to in subsection (1) is subject to conditions, limitations or restrictions that are the same as those that apply to the person's interstate right to practise.

S. 3B inserted by No. 35/2009 s. 110.

Deemed specialist endorsement

3B Deemed specialist endorsement

For the purposes of this Act, a veterinary practitioner who holds an interstate right to practise that provides (by endorsement or otherwise) that the practitioner is qualified to practise as a veterinary specialist in a branch of veterinary surgery or medicine is deemed—

(a) to be a registered veterinary practitioner under this Act with general registration; and

(b) to have been granted an endorsement under section 8 on that general registration to the effect that the practitioner is qualified to practise as a veterinary specialist in that branch of veterinary surgery or medicine.

S. 3C inserted by No. 22/2022 s. 169.

Governor in Council may approve an approved person

3C Governor in Council may approve an approved person

(1) The Governor in Council may by instrument, on the recommendation of the Minister, approve a person who is not a member of the Board as an approved person for the purposes of sections 21(3)(c), 35(2) and 42(2).

(2) The term of approval for an approved person must be specified in the instrument of approval and must not exceed 3 years.

Part 2—Registration

Division 1—Procedure for obtaining registration

4 Application for registration

S. 4(1) substituted by Nos 35/2009 s. 111, 71/2014 s. 25.

(1) Subject to subsection (1A), only the following persons may apply for registration as a veterinary practitioner under this Part—

(a) in the case of an application for general registration under section 6—

(i) a natural person whose principal place of residence is in Victoria;

(ii) a natural person whose principal place of residence will be in Victoria while practising as a veterinary practitioner;

(b) in the case of an application for specific registration under section 7 or non-practising registration under section 7A, a natural person.

S. 4(1A) inserted by No. 35/2009 s. 111 (as amended by No. 48/2010 s. 47).

(1A) A veterinary practitioner—

(a) who is a registered veterinary practitioner by the operation of section 3A; and

(b) whose principal place of residence will be in Victoria after the expiry of the practitioner's current annual registration period for the practitioner's interstate right to practise; and

must apply for registration in Victoria before the expiry of that registration period.

S. 4(1B) inserted by No. 35/2009 s. 111 (as amended by No. 48/2010 s. 47).

(1B) A veterinary practitioner who—

(a) is a registered veterinary practitioner by the operation of section 3A; and

(b) is not required to apply for registration under Part 2—

is not required to pay a fee for registration in Victoria.

(2) An application must—

(a) be in writing; and

(b) contain the prescribed information; and

(c) be accompanied by evidence of the qualifications which the applicant claims entitle him or her to the type of registration applied for; and

(d) be accompanied by the fee determined by the Board.

(3) The Board—

(a) may require the applicant to provide further information or material in respect of the application; and

S. 4(3)(b) amended by Nos 69/2009 s. 54(Sch. Pt 2 item 54), 6/2018 s. 68(Sch. 2 item 131.1).

(b) may require that the information in the application be verified by a statutory declaration; and

Qualifications for general registration

5 Qualifications for general registration

(1) A person is qualified for general registration as a veterinary practitioner if that person—

(a) has been awarded a degree in veterinary science or medicine accredited by the Board that is from a tertiary institution recognised by the Board; or

(b) in the opinion of the Board, has a qualification that is substantially equivalent or is based on similar competencies to a degree in veterinary science or medicine accredited by the Board; or

(d) has a qualification that is recognised in another State or Territory of the Commonwealth for the purposes of undertaking work of a similar nature to that which a person holding a qualification to which paragraph (a), (b) or (c) applies is qualified to undertake.

(2) Despite subsection (1), if the Board is satisfied that an applicant would not be able to provide the standard of veterinary services ordinarily required in Victoria because the applicant has not practised as a veterinary practitioner within the 3 years preceding the application it may refuse to grant general registration unless the applicant undertakes further training approved by the Board.

General registration

6 General registration

(1) The Board must grant general registration as a veterinary practitioner to an applicant if—

(a) the applicant is qualified for registration under section 5; and

S. 6(1)(ab) inserted by No. 35/2009 s. 112(1).

(ab) the Board is satisfied that the applicant's principal place of residence is in Victoria or will be in Victoria while the applicant practises as a veterinary practitioner; and

(b) there are no grounds under subsection (2) under which the Board may refuse to grant registration to the applicant; and

(d) the applicant has paid the fee determined by the Board under section 4(2)(d).

S. 6(1A) inserted by No. 35/2009 s. 112(2).

(1A) For the purposes of subsection (1)(ab), the Board must have regard to—

(a) whether the applicant's residence in Victoria is the applicant's sole residence; and

(b) every place of residence of the applicant in Australia.

S. 6(1B) inserted by No. 35/2009 s. 112(2).

(1B) Without limiting this Part, the Board must refuse to grant registration as a veterinary practitioner to an applicant if it is satisfied that—

(a) the applicant has applied for and been refused an interstate right to practise; and

(b) the basis on which the applicant was refused that right has not changed as at the time of the applicant's application under this Act.

S. 6(1C) inserted by No. 35/2009 s. 112(2).

(1C) Without limiting this Part, the Board must also refuse to grant general registration to an applicant who, under a law of another State or a Territory, has been disqualified from applying, or is not entitled to apply, for a right to carry on or engage in veterinary practice in that State or Territory, being the equivalent of registration as a veterinary practitioner under this Act.

(2) The Board may refuse to grant registration to an applicant on any one or more of the following grounds—

(a) that the character of the applicant is such that it would not be in the public interest to allow the applicant to practise as a registered veterinary practitioner;

S. 6(2)(b) amended by No. 43/2010 s. 49(2) (as amended by No. 29/2011 s. 3(Sch. 1 item 86.3)).

(b) that the applicant is unfit to practise as a registered veterinary practitioner because he or she has a severe substance dependence;

(c) that the applicant has been found guilty of an indictable offence in Victoria or an equivalent offence in another jurisdiction within a period of 10 years preceding the application;

(d) that the applicant has been found guilty of an offence where the ability of the applicant to practise is likely to be affected because of the finding of guilt or where it is not in the public interest to allow the applicant to practise because of the finding of guilt;

(e) that the applicant has previously been registered under this Act or the Veterinary Surgeons Act 1958 and during the course of that registration has had proceedings under Part 3 or similar proceedings under the Veterinary Surgeons Act 1958 brought against him or her and those proceedings have never been finalised;

(f) that, in the opinion of the Board, the applicant is unfit to be registered because he or she has a physical or mental impairment which significantly impairs his or her ability to practise as a registered veterinary practitioner;

S. 6(2)(fa) inserted by No. 103/2003 s. 46.

(fa) that the applicant's competency in speaking and communicating in English is not sufficient for that person to practise as a registered veterinary practitioner;

S. 6(2)(fb) inserted by No. 103/2003 s. 46.

(fb) that, in the case of an applicant in respect of whom a determination of a panel has been made under section 45(2A)(a)(i), that the applicant has not undergone the counselling as specified in the determination of the panel;

S. 6(2)(fc) inserted by No. 103/2003 s. 46.

(fc) that, in the case of an applicant in respect of whom a determination of a panel has been made under section 45(2A)(a)(ii), that the applicant has not undertaken further education in accordance with the determination of the panel;

S. 6(2)(fca) inserted by No. 48/2016 s. 14.

(fca) that, in the case of an applicant in respect of whom a determination of a panel has been made under section 45(2A)(a)(iii), the applicant has not complied with the undertaking about the person's conduct as a veterinary practitioner;

S. 6(2)(fd) inserted by No. 103/2003 s. 46.

(fd) that, in the case of an applicant in respect of whom a determination of a panel has been made under section 45(2A)(d), that the period for which the applicant is not entitled to re-apply for registration has not expired;

(g) that the applicant has previously held a right to practise as a veterinary practitioner outside Victoria, being the equivalent of registration as a veterinary practitioner under this Act, and that right has been cancelled or suspended and not restored because of conduct which, if committed within Victoria, would entitle the Board to suspend or cancel registration.

(3) A grant of registration under this section is subject to any conditions, limitations or restrictions that the Board thinks fit.

(4) The Board may, upon application by the registered veterinary practitioner, amend, vary or revoke any condition, limitation or restriction imposed under subsection (3).

Specific registration

7 Specific registration

(1) The Board may grant or refuse to grant specific registration as a veterinary practitioner to an applicant if the applicant holds qualifications in veterinary practice which do not qualify that applicant for general registration—

(a) to enable that applicant to undertake supervised study or training or a course approved by the Board at a tertiary institution; or

(b) to enable that applicant to fill a veterinary teaching or research position at a tertiary institution approved by the Board; or

S. 7(1)(ba) inserted by No. 22/2022 s. 170(1).

(ba) to enable an applicant to occupy a position in a public sector body or in a department or agency of the Commonwealth Government if the position requires the applicant to be a veterinary practitioner; or

(c) to enable that applicant to undergo training, under the direct supervision of a registered veterinary practitioner, to acquire the competencies required to be registered under section 6; or

(d) if the Board is of the opinion that, in order to meet an identified need for a veterinary practitioner, it is necessary for a person having qualifications in the nature of the applicant's to provide veterinary services; or

(e) to enable an applicant from another country to practise in Victoria if that applicant has exchanged practice with a registered veterinary practitioner for a limited period with the prior permission of the Board.

S. 7(2) amended by No. 22/2022 s. 170(2).

(2) A grant of specific registration under this section is subject to any conditions, limitations or restrictions imposed by the Board including the period of registration which must be no less than 12 months and no more than 36 months.

(3) The Board may of its own motion, or upon application by the veterinary practitioner granted specific registration, amend, vary or revoke any condition, limitation or restriction imposed under subsection (2).

S. 7AA inserted by No. 22/2022 s. 171.

7AA Cancellation of specific registration if practitioner unable to comply with condition

(1) If a registered veterinary practitioner granted specific registration notifies the Board, or the Board becomes aware, that the practitioner cannot comply with a condition imposed on the registration, the Board must give a written notice to the practitioner in accordance with subsection (2).

(2) For the purposes of subsection (1) the notice must—

(a) require that the registered veterinary practitioner show sufficient cause as to why the specific registration should not be cancelled because of non-compliance with the condition; and

(b) inform the registered veterinary practitioner that the practitioner must show sufficient cause within the period of 10 business days after being given the notice.

(3) If a registered veterinary practitioner who has been given a notice in accordance with this section fails to show sufficient cause to the Board as to why the specific registration should not be cancelled within the period stated in the notice, the Board may cancel the specific registration.

(4) If the Board cancels a specific registration under subsection (3) the Board must give a written notice to the veterinary practitioner who had held that registration stating—

(a) that the specific registration has been cancelled by the Board; and

(b) that the specific registration will be removed from the Register; and

(c) the date on which the cancellation of the specific registration comes into effect, which must be no earlier than the date on which the practitioner receives the notice; and

(d) that the veterinary practitioner may apply under Part 4 to the Victorian Civil and Administrative Tribunal for a review of the decision to cancel the specific registration.

(5) In this section—

condition imposed on a specific registration includes a limitation or restriction imposed on that specific registration.

S. 7A inserted by No. 103/2003 s. 47.

Non-practising registration

7A Non-practising registration

(1) The Board may grant or refuse to grant registration as a non-practising veterinary practitioner to an applicant if the applicant—

(a) is qualified for general registration; and

(b) the applicant has satisfied the Board that he or she does not intend to practice as a veterinary practitioner for the period of the registration.

(2) A grant of non-practising registration under this section is subject to any conditions, limitations or restrictions imposed by the Board on the registration.

(3) The Board may, of its own motion, or on the application by a veterinary practitioner granted registration as a non-practising veterinary practitioner, amend, vary or revoke any condition, limitation or restriction imposed under subsection (2).

Endorsement of registration as a specialist practitioner

8 Endorsement of registration as a specialist practitioner

(1) If the Board is satisfied that a veterinary practitioner has—

(a) been granted general registration under section 6; and

(b) has satisfactorily completed a post-graduate qualification in a branch of veterinary surgery or medicine recognised by the Board; and

the Board may grant or refuse to grant an endorsement of the general registration of the veterinary practitioner to the effect that the veterinary practitioner is qualified to practise as a veterinary specialist in the branch of veterinary surgery or medicine that is specified by the Board in the endorsement.

(2) An applicant for general registration or a registered veterinary practitioner may apply to the Board for an endorsement as a specialist practitioner under this section.

(3) An application must be—

(a) in writing in a form approved by the Board and accompanied by evidence of the qualifications and experience that the applicant claims qualify him or her for the endorsement as a specialist practitioner; and

(b) accompanied by the fee determined by the Board.

S. 8(3A) inserted by No. 103/2003 s. 48, amended by No. 48/2010 s. 50.

(3A) The Board may refuse to grant an endorsement of the general registration of the veterinary practitioner on the ground that, in the case of an applicant in respect of whom a determination of a panel has been made under section 45(2A)(e), the period for which the applicant is not entitled to re‑apply for the endorsement has not expired.

(4) The Board—

(a) may require the applicant to provide further information or material in respect of the application; and

S. 8(4)(b) amended by Nos 69/2009 s. 54(Sch. Pt 2 item 54), 6/2018 s. 68(Sch. 2 item 131.2).

(b) may require that information in the application be verified by a statutory declaration.

(5) The Board may have regard to the advice of any person or persons about the applicant's training, qualifications, experience or expertise in the branch of veterinary practice in which the applicant is seeking specialist registration.

S. 8(6) amended by No. 71/2014 s. 26.

(6) The Board must ensure that, if any branch of veterinary surgery or medicine is recognised by the Board for the purposes of endorsement of registration as a specialist practitioner under this section, the endorsement is notified in a relevant publication circulating among veterinary practitioners generally.

Entitlement of applicant to make submissions

9 Entitlement of applicant to make submissions

If the Board is proposing to refuse an application for registration or endorsement of registration or to impose conditions, limitations or restrictions on the registration of an applicant, the Board must not do so until—

(a) it has given the applicant notice of this proposal; and

(b) it has given the applicant an opportunity to make submissions to the Board about the proposal.

Notification of outcome of application

10 Notification of outcome of application

(1) Upon determining an application for registration or endorsement of registration under this Part, the Board must notify the applicant as to whether or not registration or endorsement of registration has been granted to the applicant.

(2) A notice under subsection (1) must include the following information—

(a) if the registration has been granted—

(i) the type of registration granted; and

(ii) whether or not any conditions, limitations or restrictions have been imposed on the registration and, if so, the reasons for imposing the conditions, limitations or restrictions; or

(b) if the endorsement of registration has been granted, the branch of veterinary surgery or medicine that the veterinary practitioner is authorised to practise in as a veterinary specialist; or

(i) the reasons why it has not been granted; and

(ii) a statement that the applicant has a right to obtain a review of the decision not to grant registration or endorsement of registration.

Duration and renewal of registration

11 Duration and renewal of registration

S. 11(1) amended by Nos 71/2014 s. 27(1), 22/2022 s. 172(1).

(1) The registration of a veterinary practitioner which is not specific or renewal of such registration continues in force until the end of the financial year in which the registration was granted or renewed, unless the registration is earlier cancelled or surrendered under this Act.

Note to S. 11(1) inserted by No. 71/2014 s. 27(2).

Note

A financial year is the period of twelve months ending at midnight on 30 June: see s. 44(6)(d) of the Interpretation of Legislation Act 1984.

S. 11(2) amended by No. 22/2022 s. 172(2).

(2) The endorsement of the registration of a veterinary practitioner as a specialist practitioner continues in force, unless the endorsement is earlier cancelled or surrendered under this Act for the period that the registration is in force.

S. 11(3) inserted by No. 35/2009 s. 113.

(3) This section does not apply to the registration of a veterinary practitioner who is a registered veterinary practitioner by operation of section 3A.

Application for renewal of and refusal to renew registration

12 Application for renewal of and refusal to renew registration

S. 12(1) amended by No. 35/2009 s. 114 (as amended by No. 48/2010 s. 48).

(1) An application for renewal of registration granted under this Part which is not specific—

(a) must be made to the Board before the existing registration expires; and

(b) must be accompanied by the fee determined by the Board.

S. 12(2) amended by No. 71/2014 s. 28(a).

(2) If a person does not apply for renewal of registration before the end of the existing registration period, the Board may renew that person's registration if application is made within one month after the end of the registration period and the applicant pays an additional renewal fee determined by the Board which must not be more than 50% of the original fee.

S. 12(3) amended by Nos 71/2014 s. 28(b), 22/2022 s. 173.

(3) If a person's registration has expired without being renewed that person is deemed to be registered for a period of one month after that expiry, and if, at the end of that period of one month, that person has not renewed his or her registration, the Board must remove that person's name from the register in accordance with section 16A.

(4) If the Board is satisfied that an applicant would not be able to provide the standard of veterinary services ordinarily required in Victoria because the applicant has not practised as a veterinary practitioner within the 5 years preceding the application it may refuse to renew the registration unless the applicant undertakes further training approved by the Board.

(5) The Board may refuse to renew the registration of an applicant on any ground on which the Board might refuse to grant registration.

Restoration of name to the register

13 Restoration of name to the register

If a person whose name has been removed from the register under section 12(3)—

(a) applies to the Board within 2 years from the date of that removal to have his or her name restored to the register; and

(b) pays to the Board the fee fixed by the Board for that purpose within that period—

the Board may restore that person's name to the register.

S. 14 amended by No. 40/2019 s. 84.

Effect of suspension of registration

14 Effect of suspension of registration

For the purposes of this Act (except in Part 3), a veterinary practitioner whose registration is suspended is deemed to be not registered for the period of that suspension.

S. 14A inserted by No. 22/2022 s. 174.

14A

Registration may be surrendered

14A Registration may be surrendered

A registered veterinary practitioner may surrender the practitioner's registration or an endorsement on a general registration.

Registration obtained by fraud

15 Registration obtained by fraud

S. 15(1) amended by No. 35/2009 s. 115.

(1) If the Board believes that the registration or endorsement of registration granted under this Part of a veterinary practitioner has been obtained by fraud or misrepresentation or that the qualifications upon which the veterinary practitioner relied for registration or endorsement of registration have been withdrawn the Board must conduct a hearing into the matter.

(2) The Board must give notice of the time and place of the hearing to the veterinary practitioner.

(3) The provisions applying to the conduct of a formal hearing under Part 3 apply to a hearing under this section as if a hearing under this section were a formal hearing.

(4) If, at the end of the hearing, the Board determines that the registration or endorsement of registration of the veterinary practitioner has been obtained by fraud or misrepresentation or that the qualifications upon which the veterinary practitioner has relied for registration have been withdrawn, the Board must cancel the registration of the veterinary practitioner.

Div 2

The Register

Division 2—The Register

The Register

16 The Register

(1) The Board must cause to be kept a register of all veterinary practitioners to whom the Board has granted registration under this Act.

S. 16(1A) inserted by No. 35/2009 s. 116(1).

(1A) Despite anything to the contrary in this Act, the Board is not required to keep on the register any information relating to a veterinary practitioner who is a registered veterinary practitioner by operation of section 3A.

(2) The register is to be called the Register of Veterinary Practitioners.

(3) The following particulars must be included on the register against the name of the veterinary practitioner to whom they apply—

S. 16(3)(a) substituted by No. 103/2003 s. 49.

(a) the postal address of the practitioner;

S. 16(3)(aa) inserted by No. 103/2003 s. 49.

(aa) the address of the premises where the practitioner carries on veterinary practice;

(b) particulars of the type of registration of the practitioner;

(d) any current suspension of the registration of the veterinary practitioner;

(e) any current condition, limitation or restriction imposed on the registration of the veterinary practitioner;

(f) the prescribed information.

(4) The register may be inspected at the office of the Board by any person during ordinary office hours without charge.

(5) A person may obtain a copy of or an extract from the register on payment of the fee determined by the Board.

(6) A registered veterinary practitioner's private address must not appear on that part of the register which is open to the public for inspection, unless the veterinary practitioner so authorises.

S. 16(7) inserted by No. 35/2009 s. 116(2).

(7) The Board may give register particulars to an interstate veterinary registration authority for the purposes of enabling that authority to administer or execute the law under which that authority confers or grants a right to carry on or engage in veterinary practice.

S. 16(8) inserted by No. 35/2009 s. 116(2).

(8) In subsection (7)—

register particulars means the particulars included in the register against the name of a veterinary practitioner in accordance with subsection (3).

S. 16A inserted by No. 22/2022 s. 175.

16A

Board may remove particulars of persons no longer registered or holding a specialist endorsement

16A Board may remove particulars of persons no longer registered or holding a specialist endorsement

(1) The Board may remove from the register the name and particulars of a person whose registration as a veterinary practitioner has expired or has been cancelled or surrendered under this Act as soon as practicable after the expiry, cancellation or surrender of the registration.

(2) The Board may remove from the register the particulars of an endorsement on a general registration that has been cancelled or surrendered under this Act as soon as practicable after the cancellation or surrender of the endorsement.

Certificates

17 Certificates

(1) Upon—

(a) granting registration to a person under this Part; or

(b) endorsing the registration of a practitioner as a specialist practitioner; or

the Board must issue a certificate of registration to that person.

(2) The following particulars must be included on a certificate of registration—

(a) any endorsement as a specialist practitioner; and

(b) any condition, limitation or restriction imposed on the registration of the veterinary practitioner; and

S. 17(3) substituted by No. 22/2022 s. 176.

(3) If a veterinary practitioner's registration or endorsement of registration under this Part has been suspended or cancelled, that veterinary practitioner must return the certificate of registration or the certificate of endorsement (as applicable) to the Board.

Penalty: 20 penalty units.

Use of certificate as evidence

18 Use of certificate as evidence

A certificate purporting to be signed by the President or any 2 members of the Board to the effect that—

(a) a veterinary practitioner is or is not or was or was not, at any specified date, registered; or

(b) the veterinary practitioner's registration is or is not or was or was not, at any specified date, endorsed under section 8; or

(c) that any disciplinary or other action is or is not or was or was not, at any specified date, being taken against that veterinary practitioner—

is evidence and, in the absence of evidence to the contrary, is proof of the matters stated in it.

S. 19 amended by Nos 48/2010 s. 51, 35/2009 s. 117, 71/2014 s. 29.

Requirement to notify the Board of change of address

19 Requirement to notify the Board of change of address

A registered veterinary practitioner granted registration under this Part must notify the Board of any change of any address of the veterinary practitioner which appears on the register within 28 days after that change.

10 penalty units.

Part 3

Investigations into registered veterinary practitioners

Part 3—Investigations into registered veterinary practitioners

Div 1

Preliminary investigations into professional conduct

Division 1—Preliminary investigations into professional conduct

S. 20 substituted by Nos 103/2003 s. 50, 35/2009 s. 118 (as amended by No. 48/2010 s. 49).

Complaints about the conduct of registered veterinary practitioners

20 Complaints about the conduct of registered veterinary practitioners

(1) A person may make a complaint to the Board about the professional conduct of a person who is, or was at the time the conduct took place, a registered veterinary practitioner in Victoria.

(2) For the purposes of subsection (1), professional conduct involving the treatment or diagnosis of an animal situated outside Victoria by the registered veterinary practitioner while in Victoria is taken to be professional conduct in Victoria.

Example

A registered veterinary practitioner who is in Victoria and who, by audio-visual link, makes a diagnosis in relation to an animal in New South Wales is to be taken to be engaging in professional conduct in Victoria.

(3) Subsection (2) does not limit what may constitute professional conduct in Victoria.

When complaints about professional conduct are to be investigated by the Board

21 When complaints about professional conduct are to be investigated by the Board

S. 21(1) amended by Nos 103/2003 s. 51, 48/2010 s. 52.

(1) The Board must investigate a complaint concerning the professional conduct of the practitioner about whom the complaint has been made unless the Board has determined the complaint to be lacking in substance or vexatious.

(2) In order to determine whether or not it is necessary to conduct a formal or informal hearing into a complaint, the Board must conduct a preliminary investigation into the complaint.

(3) The Board may, in writing, delegate to—

(a) an officer of the Board; or

(b) a lawyer or investigator retained by the Board; or

S. 21(3)(c) substituted by No. 22/2022 s. 177.

(c) a subcommittee of the Board consisting of a member of the Board and one or two other persons, each of whom must be either a member of the Board or an approved person, who are all named in the delegation—

its power to conduct a preliminary investigation into a complaint, other than its power to make determinations upon a preliminary investigation.

(4) The Board must ensure that any person who provides information to the Board during the course of an investigation is made aware that the investigation is being conducted.

Outcome of preliminary investigation

22 Outcome of preliminary investigation

S. 22(1) amended by No. 48/2010 s. 53.

(1) Upon completing a preliminary investigation, the person or persons conducting the investigation may make any one or more of the following recommendations—

(a) that the investigation into the matter should not proceed further; or

S. 22(1)(b) amended by No. 103/2003 s. 52(a).

(b) that an informal or formal hearing should be held into the matter; or

S. 22(1)(c) inserted by No. 103/2003 s. 52(b).

(2) The Board must determine whether or not to act on the recommendations of the person or persons conducting the preliminary investigation.

S. 23 substituted by No. 103/2003 s. 53.

Power of Board to institute a hearing into professional conduct

23 Power of Board to institute a hearing into professional conduct

The Board may, of its own motion, determine to conduct a formal or informal hearing into the professional conduct of a person who is or was, at the time the conduct took place, a registered veterinary practitioner, without conducting a preliminary investigation.

S. 24 (Heading) inserted by No. 22/2022 s. 178(1).

24 Suspension of, or imposition of conditions on, registration on decision to conduct investigation or hearing into conduct of veterinary practitioner

S. 24(1) substituted by No. 22/2022 s. 178(2).

(1) This section applies if the Board has made a determination—

(a) to conduct a preliminary investigation into a complaint made to the Board about the professional conduct of a registered veterinary practitioner; or

(b) to conduct a formal or informal hearing into the professional conduct of a registered veterinary practitioner without a preliminary investigation.

S. 24(1A) inserted by No. 22/2022 s. 178(2).

(1A) The Board may—

(a) enter into a written agreement with the registered veterinary practitioner to impose a condition, limitation or restriction on the practitioner's registration until any investigation and any hearing into the matter is completed if the Board is of the opinion that to do so would not pose a serious risk to the health and safety of the public or endanger the health and welfare of animals; or

(b) suspend the registration of the registered veterinary practitioner until any investigation and any hearing into the matter is completed if the Board is of the opinion that it is necessary to do so because there is a serious risk that the health and safety of the public or the health and welfare of animals will be endangered.

S. 24(2) amended by No. 22/2022 s. 178(3).

(2) If the Board has suspended the registration of a veterinary practitioner under subsection (1A)(b), it must—

(a) immediately notify the veterinary practitioner of that suspension and the reasons for the suspension; and

(b) ensure that the matter is investigated as soon as possible after that suspension.

S. 24(3) inserted by No. 48/2016 s. 15, amended by No. 22/2022 s. 178(4).

(3) The Board, before any investigation or hearing into the matter is completed, must revoke the suspension of a veterinary practitioner's registration under subsection (1A)(b) if the Board is no longer of the opinion that it is necessary to suspend the registration because there is a serious risk that the health and safety of the public or the health and welfare of animals will be endangered.

S. 24(3A) inserted by No. 22/2022 s. 178(5).

(3A) The Board may, before any investigation or hearing into the matter is completed—

(a) with the agreement of the registered veterinary practitioner, vary any condition, limitation or restriction imposed on the registration of the practitioner under subsection (1A)(a); or

(b) revoke any condition, limitation or restriction imposed on the registration of the practitioner under subsection (1A)(a).

S. 24(3B) inserted by No. 22/2022 s. 178(5).

(3B) If, at a formal hearing, the Board determines to impose a condition, limitation or restriction on the registration of a veterinary practitioner under section 45(2)(f), any condition, limitation or restriction imposed on the registration of the practitioner under subsection (1A)(a) is revoked on the day of the determination.

S. 24(4) inserted by No. 48/2016 s. 15, substituted by No. 22/2022 s. 178(6).

(4) If the suspension of a veterinary practitioner's registration under subsection (1A)(b) or a condition, restriction or limitation imposed under subsection (1A)(a) is revoked under this section, the Board must immediately serve a written notice personally or by registered post on the veterinary practitioner informing the practitioner of that revocation and the date of that revocation.

Division 2—Preliminary investigation into the health of registered veterinary practitioners

S. 25 amended by No. 103/2003 s. 54.

Commencement of preliminary investigation

25 Commencement of preliminary investigation

If the Board believes the ability of a registered veterinary practitioner to practise veterinary medicine or surgery may be affected because—

(a) of the physical or mental health of the veterinary practitioner; or

(b) the veterinary practitioner has an incapacity; or

S. 25(c) amended by No. 43/2010 s. 49(2) (as amended by No. 29/2011 s. 3(Sch. 1 item 86.3)).

the Board may appoint one of its members or a registered medical practitioner to conduct a preliminary investigation into the matter.

Notification to veterinary practitioner

26 Notification to veterinary practitioner

(1) The member of the Board appointed to investigate the matter must give notice of the preliminary investigation to the veterinary practitioner.

(2) A notice under subsection (1) must—

(a) be in writing; and

(b) be sent by registered post as soon as possible after the Board’s decision has been made; and

(d) ask the veterinary practitioner to advise the Board as to whether or not he or she will agree to undergo a medical examination within 28 days after receiving the notice; and

(e) advise the veterinary practitioner of the procedures that can be taken under this Part.

S. 26A (Heading) substituted by No. 22/2022 s. 179(1).

S. 26A inserted by No. 48/2016 s. 16.

26A Suspension of, or imposition of conditions on, registration if preliminary investigation to be conducted on health etc. of practitioner

S. 26A(1) substituted by No. 22/2022 s. 179(2).

(1) This section applies if the Board has appointed a person to conduct a preliminary investigation under section 25 into the matter of whether the ability of a registered veterinary practitioner to practise veterinary medicine or surgery may be affected.

S. 26A(1A) inserted by No. 22/2022 s. 179(2).

(1A) The Board may—

(a) enter into a written agreement with the registered veterinary practitioner to impose a condition, limitation or restriction on the practitioner's registration until the preliminary investigation and any hearing into the matter is completed if the Board reasonably believes that to do so would not pose an unacceptable risk that the health and safety of the public or the health and welfare of animals will be endangered; or

(b) suspend the registration of the registered veterinary practitioner concerned.

S. 26A(2) amended by No. 22/2022 s. 179(3).

(2) The Board must not suspend the registration of a veterinary practitioner under subsection (1A)(b) unless the Board reasonably believes that the ability of the veterinary practitioner to practise veterinary medicine or surgery is likely to be affected to such an extent that to allow the veterinary practitioner to continue to practise would pose an unacceptable risk that the health and safety of the public or the health and welfare of animals will be endangered.

(3) A veterinary practitioner whose registration is suspended under this section may make written submissions to the Board regarding the continuation of the suspension within the period specified by the Board in the notice under subsection (6).

(4) The Board must consider any submission made by a veterinary practitioner under subsection (3) within the period specified by the Board.

(5) A suspension under this section takes effect on the day the veterinary practitioner is served with a notice under subsection (6).

(6) If the Board has suspended the registration of a veterinary practitioner under this section, the Board must—

(a) immediately serve a written notice on the veterinary practitioner which states the following—

(i) that the registration of the veterinary practitioner is suspended from the day the notice is served on the veterinary practitioner;

(ii) the reasons for the suspension;

(iii) that the veterinary practitioner may make submissions under subsection (3) within the period specified in the notice; and

(b) ensure that the matter on which the suspension is based is investigated as soon as possible after that suspension.

(7) A notice under subsection (6) may be served on the veterinary practitioner personally or by registered post.

S. 26A(7A) inserted by No. 22/2022 s. 179(4).

(7A) The Board may, before the preliminary investigation or any hearing into the matter is completed—

(a) with the agreement of the veterinary practitioner, vary any condition, limitation or restriction imposed on the registration of the veterinary practitioner under subsection (1A)(a); or

(b) revoke any condition, limitation or restriction imposed on the registration of the veterinary practitioner under subsection (1A)(a).

S. 26A(7B) inserted by No. 22/2022 s. 179(4).

(7B) If the veterinary practitioner enters into an agreement with the Board under section 29 or 31, any condition, limitation or restriction imposed on the registration of the practitioner under subsection (1A)(a) is revoked on the day on which the agreement is made.

S. 26A(7C) inserted by No. 22/2022 s. 179(4).

(7C) If, at a formal hearing, the Board determines to impose a condition, limitation or restriction on the registration of a veterinary practitioner under section 46(2)(a), any condition, limitation or restriction imposed on the registration of the practitioner under subsection (1A)(a) is revoked on the day of the determination.

(8) A suspension under this section remains in force until the earliest of the following occurs—

(a) the Board, after considering the reports given under section 28, decides that further action should be taken and an agreement between the Board and the veterinary practitioner is reached under section 29;

(b) the Board refers the matter on which the suspension is based to a formal hearing under section 30;

(d) the Board revokes the suspension under subsection (9).

(9) The Board must revoke a suspension under this section if the Board no longer reasonably believes that the ability of the veterinary practitioner to practise veterinary medicine or surgery is likely to be affected to such an extent that to allow the veterinary practitioner to continue to practise would pose an unacceptable risk that the health and safety of the public or the health and welfare of animals will be endangered.

S. 26A(10) substituted by No. 22/2022 s. 179(5).

(10) If under this section the suspension of a veterinary practitioner's registration ceases or a condition, limitation or restriction imposed on the registration of a veterinary practitioner under subsection (1A)(a) is revoked, the Board must immediately serve a written notice personally or by registered post on the veterinary practitioner informing the veterinary practitioner—

(a) in the case of the cessation of a suspension, that the suspension has ceased and the date on which it ceased; or

(b) in the case of the revocation of a condition, limitation or restriction, that the condition, limitation or restriction has been revoked and the date of the revocation.

S. 27 (Heading) inserted by No. 103/2003 s. 55(1).

Examination as to health of practitioner

27 Examination as to health of practitioner

S. 27(1) amended by No. 103/2003 s. 55(2).

(1) If the veterinary practitioner agrees to undergo a medical examination within 28 days, the veterinary practitioner must be examined by a registered practitioner who is agreed upon by the Board and the veterinary practitioner.

S. 27(2) amended by No. 103/2003 s. 55(3).

(2) If the Board and the veterinary practitioner are unable to agree upon a registered practitioner to conduct the examination, the Minister must appoint a registered practitioner to perform the examination.

(3) The Board must pay for the examination.

S. 27(4) inserted by No. 103/2003 s. 55(4).

(4) A person appointed to conduct the preliminary investigation under section 25 must not perform a medical examination under this section.

S. 27(5) inserted by No. 103/2003 s. 55(4), substituted by No. 97/2005 s. 182(Sch. 4 item 53.2).

(5) In this section, registered practitioner means—

(a) a registered medical practitioner; or

S. 27(5)(b) substituted by No. 13/2010 s. 51(Sch. item 58.2).

(b) a person registered under the Health Practitioner Regulation National Law to practise in the psychology profession (other than as a student); or

S. 27(5)(c) substituted by No. 13/2010 s. 51(Sch. item 58.2).

(c) a person registered under the Health Practitioner Regulation National Law to practise in the physiotherapy profession (other than as a student); or

S. 27(5)(d) substituted by No. 13/2010 s. 51(Sch. item 58.2).

(d) a person registered under the Health Practitioner Regulation National Law to practise in the osteopathy profession (other than as a student); or

S. 27(5)(e) substituted by No. 13/2010 s. 51(Sch. item 58.2).

(e) a person registered under the Health Practitioner Regulation National Law to practise in the chiropractic profession (other than as a student.

Report of examination

28 Report of examination

S. 28(1) amended by No. 103/2003 s. 56(1).

(1) The examining medical practitioner must give a report of his or her examination to the person appointed to investigate the matter and, not more than 7 days later, to the veterinary practitioner being investigated.

(2) The person appointed to investigate the matter must discuss the report with the veterinary practitioner and, in the case of an adverse finding in the report, the possible ways of dealing with that finding.

(3) After discussing the report with the veterinary practitioner, the person appointed to investigate the matter must report to the Board.

S. 28(4) amended by No. 103/2003 s. 56(2).

(4) Despite subsection (1), if the report contains information of a medical or psychiatric nature concerning the veterinary practitioner, and it appears to the person appointed to conduct the investigation that the disclosure of that information to the veterinary practitioner might be prejudicial to the physical or mental health or well being of the veterinary practitioner, the investigator may decide not to give that information to the veterinary practitioner but to give it instead to another veterinary practitioner or another registered medical practitioner nominated by that veterinary practitioner.

(5) Before acting under subsection (4), the investigator must report to the Board and, if the investigator is not a veterinary practitioner and the Board is of the opinion that it is necessary for the investigation of the matter to be continued by a veterinary practitioner, the Board may appoint a veterinary practitioner to continue the investigation.

Outcome of preliminary investigation

29 Outcome of preliminary investigation

(1) If, after considering the reports given under section 28, the Board decides that further action should be taken, the Board must ask the veterinary practitioner whether or not he or she is prepared to agree to—

(a) alter the way in which he or she practises veterinary surgery or medicine; or

(b) the imposition of conditions, limitations or restrictions on his or her registration; or

(c) the alteration or cancellation of any endorsement of registration as a specialist veterinary practitioner under section 8; or

(d) the suspension of his or her registration for the period of time specified by the Board.

(2) The Board may take any action that is necessary to implement an agreement under subsection (1).

Referral to formal hearing

30 Referral to formal hearing

If a registered veterinary practitioner who is the subject of a preliminary investigation under this Division—

(a) does not agree to undergo a medical examination or does not abide by an agreement to undergo a medical examination; or

(b) does not reach an agreement with the Board under section 29 or does not abide by an agreement reached with the Board under section 29—

the Board may refer the matter to a formal hearing.

Request for conditions, limitations or restrictions

31 Request for conditions, limitations or restrictions

(1) A registered veterinary practitioner who believes that his or her ability to practise veterinary surgery or medicine is affected because—

(a) of his or her physical or mental health; or

(b) he or she has an incapacity; or

S. 31(1)(c) amended by No. 43/2010 s. 49(2) (as amended by No. 29/2011 s. 3(Sch. 1 item 86.3)).

may ask the Board to impose a condition, limitation or restriction on his or her practice.

(2) If the Board and the veterinary practitioner agree upon the condition, limitation or restriction to be imposed, the Board may impose it.

(3) If the veterinary practitioner and the Board do not agree upon the condition, limitation or restriction to be imposed, the Board must refer the matter to a preliminary investigation.

S. 32 amended by No. 103/2003 s. 57, repealed by No. 42/2005 s. 53(3).

Immediate suspension of registration

33 Immediate suspension of registration

(1) If the Board has referred a matter to a formal hearing under this Division, the Board may suspend the registration of the veterinary practitioner until the hearing is completed, if the Board is of the opinion that the ability of the veterinary practitioner to practise veterinary surgery and medicine is affected to such an extent that to allow the veterinary practitioner to continue to practise would pose a serious risk that the health and safety of the public or the health and welfare of animals will be endangered.

(2) If the Board has suspended the registration of a veterinary practitioner under subsection (1), it must—

(a) immediately notify the veterinary practitioner of that suspension and the reasons for the suspension; and

(b) ensure that the matter is investigated as soon as possible after that suspension.

Div 3

Formal and informal hearings

Division 3—Formal and informal hearings

Pt 3 Div. 3 Subdiv. 1 (Heading) inserted by No. 40/2019 s. 85.

Subdiv 1

Informal hearings

Subdivision 1—Informal hearings

S. 34 amended by No. 103/2003 s. 58(a).

Establishment and notification of an informal hearing

34 Establishment and notification of an informal hearing

If the Board has determined under section 22 or 23 that an informal hearing be held into the professional conduct of a person who is, or was at the time the conduct took place, a registered veterinary practitioner, the Board must—

(a) appoint a panel to hold the hearing; and

(b) fix a time and place for the hearing to be held; and

S. 34(c) substituted by No. 103/2003 s. 58(b).

(c) by registered post, serve a notice, which complies with section 36, on the person who is the subject of the hearing; and

(d) serve notice on any complainant by registered post under section 52(4)(a) and (b).

Constitution of a panel for an informal hearing

35 Constitution of a panel for an informal hearing

(1) A panel appointed under section 34 is to consist of not more than 3 persons—

(a) who are to be members of the Board; and

(b) of whom, at least 1 is not to be a registered veterinary practitioner.

S. 35(2) substituted by Nos 103/2003 s. 59(1), 40/2019 s. 86, 22/2022 s. 180(1).

(2) The President or (if the President is unable to act) the Deputy President of the Board may appoint an approved person to be a member of a panel in any or all of the following circumstances—

(a) the Board is unable to appoint a panel because there are not enough members available to sit on it;

(b) the Board is of the opinion that a person with special expertise is required for the hearing;

S. 35(2A) inserted by No. 103/2003 s. 59(1).

(2A) Despite subsection (2), at least one member of a panel must be a member of the Board.

(3) A person who has undertaken a preliminary investigation of the matter is not entitled to be a member of the panel.

S. 35(4) inserted by No. 103/2003 s. 59(2), repealed by No. 22/2022 s. 180(2).

Notice of an informal hearing

36 Notice of an informal hearing

A notice of an informal hearing under section 34 must—

S. 36(a) amended by No. 103/2003 s. 67(Sch.).

(a) state the nature of the hearing and the allegations made against the person who is the subject of the hearing; and

(b) give the time and place of the hearing; and

S. 36(c) amended by No. 103/2003 s. 67(Sch.).

(c) state that the person who is the subject of the hearing may choose to have the matter determined by a formal hearing and state the differences between a formal and informal hearing; and

S. 36(d) amended by Nos 103/2003 s. 67(Sch.), 71/2014 s. 30.

(d) state that the person who is the subject of the hearing is entitled to be present and to make submissions and to be accompanied by another person but is not entitled to be represented, that the hearing is not open to the public and list the possible findings the panel can make or orders the panel can give.

Conduct of an informal hearing

37 Conduct of an informal hearing

At an informal hearing—

(a) the panel must hear and determine the matter before it; and

S. 37(b) amended by No. 103/2003 s. 67(Sch.).

(b) the person who is the subject of the hearing is entitled to be present, to make submissions and to be accompanied by another person but is not entitled to be represented; and

Findings and determinations of an informal hearing

38 Findings and determinations of an informal hearing

(1) After considering all the submissions made to the hearing the panel may find either—

S. 38(1)(a) amended by No. 103/2003 s. 60(1).

(a) that the person who is the subject of the hearing has, whether by act or omission, engaged in unprofessional conduct which is not of a serious nature; or

S. 38(1)(b) amended by No. 103/2003 s. 60(1).

(b) that the person who is the subject of the hearing has not engaged in unprofessional conduct.

S. 38(2) amended by No. 103/2003 s. 60(2)(a).

(2) If, in the case of a registered veterinary practitioner, the panel finds that the veterinary practitioner has, whether by act or omission, engaged in unprofessional conduct which is not of a serious nature, the panel may make one or more of the following determinations—

(a) that the veterinary practitioner undergo counselling;

S. 38(2)(aa) inserted by No. 103/2003 s. 60(2)(b).

(aa) that the veterinary practitioner undertake further education of the kind stated in the determination and to complete it within the period specified in the determination;

(b) that the veterinary practitioner be cautioned;

S. 38(3) inserted by No. 103/2003 s. 60(3).

(3) If, in the case of a person who has ceased to be a registered veterinary practitioner, the panel finds that the person, whether by act or omission engaged in unprofessional conduct which is not of a serious nature, the panel may make one or more of the following determinations—

(a) that the person is not entitled to re-apply for registration unless the person—

(i) has undergone counselling; or

(ii) has undertaken further education of the kind stated in the determination and completed it within the period specified in the determination;

(b) that the person be cautioned;

Change of informal hearing to formal hearing during course of hearing

39 Change of informal hearing to formal hearing during course of hearing

If, before the end of the hearing—

S. 39(a) amended by No. 103/2003 s. 67(Sch.).

(a) the person who is the subject of the hearing fails to attend the hearing without good cause; or

S. 39(b) amended by No. 103/2003 s. 67(Sch.).

(b) the person who is the subject of the hearing requests that a formal hearing be held; or

the panel must abandon the informal hearing and refer the matter to a formal hearing.

S. 40 amended by Nos 103/2003 s. 67(Sch.), 40/2019 s. 87.

Request for formal hearing upon completion of informal hearing

40 Request for formal hearing upon completion of informal hearing

Upon the completion of an informal hearing, the person who was the subject of the hearing may, within 45 days, request that a formal hearing be held to review any findings and determinations of the informal hearing.

Pt 3 Div. 3 Subdiv. 2 (Heading) inserted by No. 40/2019 s. 88.

Subdiv 2

Formal hearings

Subdivision 2—Formal hearings

Establishment and notification of formal hearing

41 Establishment and notification of formal hearing

If—

(a) the Board has determined that a formal hearing be held under section 22 or 23 or has referred a matter to a formal hearing under section 30; or

S. 41(b) amended by No. 103/2003 s. 67(Sch.).

(b) a person has requested a formal hearing under section 40; or

the Board must—

(d) appoint a panel to hold the hearing; and

(e) fix a time and place for the hearing to be conducted; and

S. 41(f) amended by No. 103/2003 s. 67(Sch.).

(f) serve a notice on the person who is the subject of the hearing by registered post which complies with section 43; and

(g) serve a notice on any complainant by registered post under section 52(4)(a) and (b).

Constitution of a hearing panel for a formal hearing

42 Constitution of a hearing panel for a formal hearing

(1) A panel appointed under section 41 must consist of not less than 3 persons—

(a) who are to be members of the Board; and

(b) of whom 1 is to be a lawyer and at least 1 is to be a registered veterinary practitioner.

S. 42(2) substituted by Nos 103/2003 s. 61(1), 22/2022 s. 181.

(2) The President or (if the President is unable to act) the Deputy President of the Board may appoint an approved person to be a member of a panel in any or all of the following circumstances—

(a) the Board is unable to appoint a panel because there are not enough members available to sit on it;

(b) the Board is of the opinion that a person with special expertise is required for the hearing;

S. 42(2A) inserted by No. 103/2003 s. 61(1).

(2A) Despite subsection (2), at least one member of a panel must be a member of the Board.

(3) The following people are not entitled to be members of a panel for a formal hearing—

(a) a person who has undertaken a preliminary investigation of the matter which is the subject of the hearing;

(b) a person who has been a member of a panel which held an informal hearing into the matter.

S. 42(4) inserted by No. 103/2003 s. 61(2), repealed by No. 22/2022 s. 182.

Notice of a formal hearing

43 Notice of a formal hearing

A notice of a formal hearing under section 41 must—

S. 43(a) amended by No. 103/2003 s. 67(Sch.).

(a) state the nature of the hearing and the allegations made against the person who is the subject of the hearing; and

(b) give the time and place of the hearing; and

S. 43(c) amended by No. 71/2014 s. 31.

(c) state that there is a right to make submissions and to be represented by an Australian legal practitioner, that the hearing is open to the public, list the possible findings the panel can make and state that there is a right to apply for review of the panel's findings.

S. 43A inserted by No. 103/2003 s. 62.

43A

Preliminary conferences

43A Preliminary conferences

(1) The Board may, at any time before a formal hearing, require the person who is the subject of the hearing to attend one or more preliminary conferences with a person appointed by the Board.

(2) The Board must not appoint a person who is a member of the Board or a hearing panel to conduct a preliminary conference.

(3) The functions of a preliminary conference are to—

(a) identify and clarify the nature of the issues in dispute in the matter;

(b) identify the issues to be considered or determined by the panel;

(4) The Board must give notice of the preliminary conference to the person who is the subject of the hearing.

(5) A preliminary conference must be held in private unless the person presiding directs otherwise.

(6) Except as provided for in this section, the procedure for a preliminary conference is at the discretion of the person presiding.

S. 43B inserted by No. 103/2003 s. 62, amended by No. 71/2014 s. 32.

43B

Requirements as to attendance at preliminary conference

43B Requirements as to attendance at preliminary conference

The Board may require a person who is the subject of a formal hearing to attend a preliminary conference either personally or by a representative who is an Australian legal practitioner.

Conduct of a formal hearing

44 Conduct of a formal hearing

At a formal hearing—

(a) the hearing panel must hear and determine the matter before it; and

S. 44(b) amended by Nos 103/2003 s. 67(Sch.), 71/2014 s. 33.

(b) the person who is the subject of the hearing is entitled to be present, to make submissions and to be represented by an Australian legal practitioner; and

(c) if the hearing arises out of a complaint, the identity of the complainant is not to be published or broadcast and the complainant—

(i) in the case of a proceeding which has not been closed under paragraph (d), is entitled to be present; and

(ii) if not called as a witness, may make submissions with the permission of the Board; and

(d) the proceedings are to be open to the public unless the panel determines that the proceedings should be closed because the hearing is taking evidence of intimate, personal or financial matters and, if the panel has determined that the proceedings are closed, the panel may determine that the identity of any witness giving evidence in the proceedings is not to be published or broadcast.

Findings and determinations of a formal hearing into conduct

45 Findings and determinations of a formal hearing into conduct

S. 45(1) amended by No. 103/2003 s. 63(1)(a)(b).

(1) After considering all the submissions made to a formal hearing under section 44 into the professional conduct of a person the panel may find that—

S. 45(1)(a) amended by No. 103/2003 s. 63(1)(c).

(a) the person has, whether by act or omission, engaged in unprofessional conduct of a serious nature; or

S. 45(1)(b) amended by No. 103/2003 s. 63(1)(c).

(b) the person has, whether by act or omission, engaged in unprofessional conduct which is not of a serious nature; or

S. 45(1)(c) amended by No. 103/2003 s. 63(1)(c).

S. 45(2) amended by No. 103/2003 s. 63(2).

(2) If, in the case of a registered veterinary practitioner, the panel finds that the veterinary practitioner has, whether by act or omission, engaged in unprofessional conduct of a serious nature, the panel may make one or more of the following determinations—

(a) require the veterinary practitioner to undergo counselling;

(b) caution the veterinary practitioner;

(d) require the veterinary practitioner to give any written undertaking about his or her conduct as a veterinary practitioner that the Board considers appropriate;

(e) require the veterinary practitioner to undertake further education or training of the kind stated in the determination, or to successfully complete an examination or assessment conducted by or on behalf of the Board, within the period specified in the determination;

(f) impose conditions, limitations or restrictions on the registration of the veterinary practitioner;

S. 45(2)(g) substituted by No. 48/2016 s. 17(1), amended by No. 40/2019 s. 89.

(g) that the veterinary practitioner be fined an amount specified by the panel, which must not be more than $10 000;

S. 45(2)(h) substituted by No. 48/2016 s. 17(1).

(h) that the veterinary practitioner pay the reasonable costs of, and incidental to, the hearing, which are determined by the panel;

(i) alter or cancel any endorsement under section 8 of the registration of the veterinary practitioner as a veterinary specialist;

(j) suspend the registration of the veterinary practitioner for the period specified in the determination;

(k) cancel the registration of the veterinary practitioner.

S. 45(2A) inserted by No. 103/2003 s. 63(3).

(2A) If, in the case of a person who has ceased to be a registered veterinary practitioner, the panel finds that the person, whether by act or omission engaged in unprofessional conduct of a serious nature, the panel may make one or more of the following determinations—

S. 45(2A)(a) substituted by No. 48/2016 s. 17(2).

(a) that the person is not entitled to re-apply for registration unless the person does any one or more of the following—

(i) undergoes counselling;

(ii) undertakes further education of the kind stated in the determination and completes it within the period specified in the determination;

(iii) gives any written undertaking about the person's conduct as a veterinary practitioner that the Board considers appropriate;

(b) that the person be cautioned;

S. 45(2A)(ca) inserted by No. 48/2016 s. 17(3).

(ca) that the person be fined an amount specified by the panel, which must not be more than $2000;

S. 45(2A)(cb) inserted by No. 48/2016 s. 17(3).

(cb) that the person pay the reasonable costs of, and incidental to, the hearing, which are determined by the panel;

(d) that the person is not entitled to re-apply for registration for the period specified by the panel in the determination;

S. 45(2A)(da) inserted by No. 48/2016 s. 17(4).

(da) that if the person re‑applies for registration, the condition, limitation or restriction specified in the determination be imposed on the registration of the person;

(e) that the person is not entitled to apply for endorsement of registration as a specialist practitioner for the period specified by the panel in the determination.

(3) If the panel finds under subsection (1)(b) that the veterinary practitioner has, whether by act or omission, engaged in unprofessional conduct which is not of a serious nature, the panel may make any determination which a panel at an informal hearing is able to make upon making such a finding.

(4) The panel must not impose a fine where the conduct which is the subject of the finding has resulted in a fine being imposed by another tribunal or court of law.

(5) If the panel has made a determination under subsection (2)(a), (d) or (e) and the veterinary practitioner has not complied with the determination within the time specified in the determination, the Board may suspend the veterinary practitioner's registration until the determination is complied with.

Findings and determinations of a formal hearing into ability to practise

46 Findings and determinations of a formal hearing into ability to practise

S. 46(1) amended by No. 103/2003 s. 64(1)(a)(b).

(1) After considering all the submissions made to a formal hearing under section 44 into the ability to practise of a person, the panel may find that—

S. 46(1)(a) amended by Nos 103/2003 s. 64(1)(c), 40/2019 s. 90(1).

(a) the ability of the person to practise is affected because of one or more of the following—

S. 46(1)(a)(i) amended by Nos 103/2003 s. 64(1)(c), 40/2019 s. 90(2).

(i) the physical or mental health of the person;

S. 46(1)(a)(ii) amended by Nos 103/2003 s. 64(1)(c), 40/2019 s. 90(3).

(ii) the person has an incapacity;

S. 46(1)(a)(iii) amended by Nos 103/2003 s. 64(1)(c), 43/2010 s. 49(2) (as amended by No. 29/2011 s. 3(Sch. 1 item 86.3)).

(iii) the person has a severe substance dependence; or

S. 46(1)(b) amended by No. 103/2003 s. 64(1)(c).

(b) the ability of the person is not affected.

S. 46(2) amended by No. 103/2003 s. 64(2).

(2) If, in the case of a registered veterinary practitioner, the panel makes a finding under subsection (1)(a), the panel may make one or more of the following determinations—

(a) to impose conditions, limitations or restrictions on the registration of the veterinary practitioner;

(b) to suspend the registration of the veterinary practitioner for the period and subject to the conditions, limitations and restrictions, if any, specified in the determination.

S. 46(3) inserted by No. 103/2003 s. 64(3).

(3) If, in the case of a person who has ceased to be a registered veterinary practitioner, the panel makes a finding under subsection (1)(a), the panel may make the determination that, if the person re‑applies for registration, the condition, limitation or restriction specified in the determination be imposed on the registration of the person.

Pt 3 Div. 4 (Heading) amended by No. 42/2005 s. 53(2).

Div 4

General provisions relating to investigations

Division 4—General provisions relating to investigations

Procedure at formal and informal hearings

47 Procedure at formal and informal hearings

At a formal or informal hearing—

(a) subject to this Part, the procedure of a panel is in its discretion; and

(b) the proceedings must be conducted with as little formality and technicality as the requirements of this Act and the proper consideration of the matter permit; and

S. 47(c) amended by No. 71/2014 s. 34.

(c) a panel is not bound by rules of evidence but may inform itself in any way it thinks fit, including by reference to any guidelines issued under section 62(1)(e) as to appropriate standards of veterinary practice and veterinary facilities; and

(d) a panel is bound by the rules of natural justice.

S. 47A inserted by No. 22/2022 s. 183.

47A

Conferences, meetings or hearings may be held by remote means.

47A Conferences, meetings or hearings may be held by remote means.

(1) For the purposes of this Part a preliminary conference, meeting, informal hearing or formal hearing may be held by means of an audio link or an audio visual link if—

(a) holding the conference, meeting or hearing by those means is the only way to comply with any requirements imposed by law; or

Example

A requirement imposed by a law could be that there may be no gatherings of people during a pandemic other than for reasons that do not include the holding of conferences, meetings or hearings.

(b) the person who is required to attend the conference or meeting or entitled to be present at the hearing agrees that the conference, meeting or hearing may be held by either of those means.

(2) For the purposes of subsection (1)(b), an agreement may be made by any means of electronic communication.

S. 48 amended by Nos 69/2009 s. 54(Sch. Pt 2 item 54), 67/2014 s. 147(Sch. 2 item 39).

Powers of panel conducting a formal hearing

48 Powers of panel conducting a formal hearing

Sections 14, 15, 16 and 21A of the Evidence (Miscellaneous Provisions) Act 1958, as in force immediately before their repeal, apply to a panel in the conduct of a formal hearing as if it were a Board or the Chairman of a Board appointed by the Governor in Council.

Determinations

49 Determinations

(1) A determination made by a panel on a hearing comes into operation on its making or at any later time stated in the determination.

(2) A determination of a panel is to have effect as if it were a determination of the Board.

(3) If a fine is imposed by a panel it may be recovered by the Board as a debt due to the Board.

S. 50 (Heading) inserted by No. 48/2016 s. 18(1).

Revocation of suspension or removal of condition, limitation or restriction

50 Revocation of suspension or removal of condition, limitation or restriction

S. 50(1) amended by No. 48/2016 s. 18(2).

(1) If the Board has suspended the registration of a veterinary practitioner until the completion of a hearing and, at the completion of the hearing, the panel determines that the suspension should be revoked, the Board must revoke the suspension.

S. 50(1A) inserted by No. 48/2016 s. 18(3).

(1A) If the Board revokes the suspension of the registration of a veterinary practitioner under subsection (1), the Board must immediately notify the veterinary practitioner of that revocation.

(2) If a condition, limitation or restriction has been imposed on the registration of a veterinary practitioner and, at the completion of a hearing, the panel determines that the condition, limitation or restriction should be removed, the Board must remove that condition, limitation or restriction.

S. 50A inserted by No. 42/2005 s. 53(1).

50A

Agreements to amend, vary or revoke conditions or revoke suspensions

50A Agreements to amend, vary or revoke conditions or revoke suspensions

(1) The Board may, if the registered veterinary practitioner so agrees—

(a) amend, vary or revoke any condition imposed on the veterinary practitioner's registration by the Board without conducting an informal or formal hearing; or

(b) revoke a suspension of the veterinary practitioner's registration and impose a condition on the registration; or

(c) revoke a suspension of the veterinary practitioner's registration if the veterinary practitioner satisfies the Board that his or her ability to practise as a veterinary practitioner is no longer affected.

(2) If the Board and the registered veterinary practitioner fail to agree under subsection (1), the Board may refer the matter to a formal hearing.

Reasons for determinations of panel or Board

51 Reasons for determinations of panel or Board

S. 51(1) amended by No. 103/2003 s. 67(Sch.).

(1) A panel must give reasons for a determination made under this Part to the person who was the subject of the determination within 28 days after the making of the determination.

(2) A person affected by a determination of a panel may apply to the panel for the reasons for that determination.

(3) An application under subsection (2) must be made within 45 days after the making of the determination and reasons must be given to the applicant within 45 days of receiving the application.

Notifications

52 Notifications

S. 52(1) amended by No. 103/2003 s. 65(c).

(1) If a determination has been made by a panel—

(a) imposing conditions, limitations or restrictions on the registration of a veterinary practitioner; or

(b) suspending the registration of a veterinary practitioner; or

S. 52(1)(d) amended by No. 103/2003 s. 65(a).

(d) cancelling or altering the endorsement of the registration of the veterinary practitioner as a specialist veterinary practitioner;

S. 52(1)(da) inserted by No. 103/2003 s. 65(b).

(da) that a person is not entitled to re-apply for general registration as a veterinary practitioner for a specified period;

S. 52(1)(db) inserted by No. 103/2003 s. 65(b).

(db) that a person is not entitled to re-apply for endorsement as a specialist practitioner for a specified period—

the Board must give notice of the determination—

(e) in the Government Gazette; and

S. 52(1)(f) amended by No. 35/2009 s. 119(1).

(f) to every interstate veterinary registration authority and the veterinary registration authority in New Zealand; and

(g) if the veterinary practitioner is an employee, to his or her employer; and

(h) if the Board has received a request for information about the person in respect of whom the determination has been made from a veterinary registration authority outside Australia, that authority.

S. 52(1A) inserted by No. 35/2009 s. 119(2).

(1A) If a determination has been made by a panel—

(a) requiring a veterinary practitioner to undergo counselling; or

(b) cautioning a veterinary practitioner; or

(d) requiring a veterinary practitioner to give any written undertaking about his or her conduct as a veterinary practitioner that the Board considers appropriate; or

(e) requiring a veterinary practitioner to undertake further education or training of the kind stated in the determination, or to successfully complete an examination or assessment conducted by or on behalf of the Board, within the period specified in the determination; or

(f) imposing a fine on a veterinary practitioner of not more than $2000; or

(g) requiring a veterinary practitioner to pay the reasonable costs of, and incidental to, the hearing—

the Board must give notice of the determination to every interstate veterinary registration authority.

S. 52(2) amended by No. 35/2009 s. 119(3).

(2) Notice under subsection (1) or (1A) must be given as soon as practicable after the determination has been made.

(3) No action for defamation lies against the Board or its members for giving a notice under this section.

(4) If a complaint has been made to the Board, the Board must notify the complainant—

(a) of whether or not a formal or informal hearing is to be conducted into the matter and, if so, of the time and place of the hearing and, in the case of a formal hearing, of the fact that the complainant's identity is not to be published or broadcast; and

(b) in the case of a formal or informal hearing, of whether or not the complainant has any right to make submissions at the hearing; and

(c) of the findings and determinations of any hearing arising from that complaint and the reasons for those findings and determinations, within 28 days of their having been made.

S. 53 substituted by No. 22/2022 s. 184.

Offences to disclose information identifying complainant or witness

53 Offences to disclose information identifying complainant or witness

(1) A person must not publish or broadcast or cause to be published or broadcast any report of a formal hearing under this Part which contains information which would enable the complainant to be identified unless the complainant has, before the publication or broadcast, consented to this.

Penalty: For a natural person, 60 penalty units.

(2) A person must not publish or broadcast or cause to be published or broadcast any report of a formal hearing under this Part which contains information which would enable, if the panel has made a determination prohibiting the publication or broadcast of the identity of a witness, that witness to be identified unless the witness has, before the publication or broadcast, consented to this.

Penalty: For a natural person, 60 penalty units.

Terms and conditions of appointment of panel members

54 Terms and conditions of appointment of panel members

(1) A member of a panel, whether appointed by the Board or the Governor in Council, is appointed on the terms and conditions determined by the Board for that member.

S. 54(2) amended by Nos 46/1998 s. 7(Sch. 1), 108/2004 s. 117(1) (Sch. 3 item 214.2).

(2) A member of a panel, other than a member who is an employee of the public service within the meaning of the Public Administration Act 2004, is entitled to receive the fees that are fixed from time to time by the Governor in Council for members of panels.

(3) A member of a panel is entitled to receive the allowances that are fixed from time to time by the Governor in Council.

(4) In fixing fees under subsection (2), the Governor in Council may fix different fees for different classes of cases.

S. 54(5) repealed by No. 46/1998 s. 7(Sch. 1).

Pt 4 (Heading) amended by No. 101/1998 s. 34(b).

Part 4

Review by Victorian Civil and Administrative Tribunal

Part 4—Review by Victorian Civil and Administrative Tribunal

Review by Victorian Civil and Administrative Tribunal

55 Review by Victorian Civil and Administrative Tribunal

S. 55(1) amended by No. 52/1998 s. 311(Sch. 1 item 100.1(a)).

(1) A person may apply to the Victorian Civil and Administrative Tribunal for review of—

S. 55(1)(a) amended by No. 22/2022 s. 185(1).

(a) a decision to refuse the person's application for registration or endorsement of registration or renewal of the registration or endorsement; or

S. 55(1)(b) substituted by No. 22/2022 s. 185(2).

(b) a decision of the Board to impose, vary or revoke a condition, limitation or restriction on the person's registration as a veterinary practitioner; or

S. 55(1)(ba) inserted by No. 22/2022 s. 185(2).

(ba) a decision of the Board to refuse to impose, vary or revoke a condition, limitation or restriction on the person's registration as a veterinary practitioner; or

S. 55(1)(c) amended by No. 22/2022 s. 185(3).

(c) a decision of the Board to suspend the registration of the person, if the Board has not instituted an investigation into the professional conduct or ability to practise of that person within a reasonable time of having suspended that registration; or

S. 55(1)(ca) inserted by No. 22/2022 s. 185(4).

(ca) a decision of the Board under section 7AA to cancel the specific registration of the person; or

S. 55(1)(d) amended by No. 22/2022 s. 185(5).

(d) a finding or determination made at a formal hearing under Part 3 in relation to the person.

S. 55(2) amended by No. 52/1998 s. 311(Sch. 1 item 100.1(b)).

(2) The application must be made within 28 days after the date on which the Board gives notice of the decision, finding or determination to the person concerned.

S. 55(3) substituted by No. 52/1998 s. 311(Sch. 1 item 100.2).

(3) If a finding has been made at a formal hearing under Part 3 but no final determination has been made at that hearing, an application for review under this section can only be made with the leave of the Tribunal.

S. 56 amended by No. 52/1998 s. 311(Sch. 1 item 100.3(a) (b)).

Notification

56 Notification

If a decision or determination has been reviewed by the Victorian Civil and Administrative Tribunal, the Board must notify any person who was notified of the original decision or determination of any change to that decision or determination by the Tribunal.

Part 5

Offences

Part 5—Offences

Claims by persons as to registration

57 Claims by persons as to registration

S. 57(1) substituted by No. 22/2022 s. 186(1).

(1) A person who is not a registered veterinary practitioner must not take or use the title of registered veterinary practitioner or any other title that suggests that the person is registered under this Act.

S. 57(1A) inserted by No. 22/2022 s. 186(1).

(1A) A person who is not a registered veterinary practitioner must not claim to be registered under this Act or hold out that the person is registered under this Act.

S. 57(1B) inserted by No. 22/2022 s. 186(1).

(1B) A person who is not a registered veterinary practitioner must not claim to be qualified to practise as a veterinary practitioner.

S. 57(1C) inserted by No. 22/2022 s. 186(1).

(1C) A person who is not a registered veterinary practitioner must not carry out any act that is required to be carried out by a registered veterinary practitioner by or under an Act.

S. 57(2) substituted by No. 22/2022 s. 186(2).

(2) A registered veterinary practitioner whose registration is specific must not take or use any title that suggests that the veterinary practitioner's registration is not specific.

S. 57(2A) inserted by No. 22/2022 s. 186(2).

(2A) A registered veterinary practitioner whose registration is specific must not claim to have, or hold the veterinary practitioner out, as having general registration.

S. 57(3) substituted by No. 22/2022 s. 186(3).

(3) A registered veterinary practitioner whose registration is subject to a condition, limitation or restriction must not take or use any title that suggests that the veterinary practitioner's registration is not subject to a condition, limitation or restriction.

S. 57(3A) inserted by No. 22/2022 s. 186(3).

(3A) A registered veterinary practitioner whose registration is subject to a condition, limitation or restriction must not claim to have, or hold the veterinary practitioner out, as having a registration which is not subject to a condition, limitation or restriction.

S. 57(4) substituted by No. 22/2022 s. 186(4).

(4) A person must not take or use the title of registered veterinary specialist or any other title that suggests that the person is registered under this Act with an endorsement that the person is a veterinary specialist, unless the person is a registered veterinary practitioner whose registration is endorsed that the person is a veterinary specialist.

S. 57(4A) inserted by No. 22/2022 s. 186(4).

(4A) A person must not claim to be registered under this Act with an endorsement that the person is a veterinary specialist or hold out that the person is registered under this Act with an endorsement that the person is a veterinary specialist, unless the person is a registered veterinary practitioner whose registration is endorsed that the person is a veterinary specialist.

S. 57(4B) inserted by No. 22/2022 s. 186(4).

(4B) A person must not claim to be qualified to practise as a veterinary specialist unless the person is a registered veterinary practitioner whose registration is endorsed that the person is a veterinary specialist.

S. 57(5) substituted by No. 22/2022 s. 186(5).

(5) A person must not take or use the title of registered veterinary specialist with respect to a particular branch of veterinary surgery or veterinary medicine or any other title that suggests that the person is registered under this Act with an endorsement that the person is a veterinary specialist with respect to that branch, unless the person is a registered veterinary practitioner whose registration is endorsed that the person is a veterinary specialist with respect to that branch.

S. 57(5A) inserted by No. 22/2022 s. 186(5).

(5A) A person must not claim to be registered under this Act with an endorsement that the person is a veterinary specialist with respect to a particular branch of veterinary surgery or veterinary medicine or hold the person out as being registered under this Act with an endorsement that the person is a veterinary specialist with respect to that branch, unless the person is a registered veterinary practitioner whose registration is endorsed that the person is a veterinary specialist with respect to that branch.

S. 57(5B) inserted by No. 22/2022 s. 186(5).

(5B) A person must not claim to be qualified to practise as a veterinary specialist with respect to a particular branch of veterinary surgery or veterinary medicine, unless the person is a registered veterinary practitioner whose registration is endorsed that the person is a veterinary specialist with respect to that branch.

S. 57(6) amended by No. 22/2022 s. 186(6).

(6) A person must not hold out another person as being registered under this Act, if the person knows or ought reasonably to know that the other person is not so registered.

S. 58 substituted by No. 22/2022 s. 187.

Fraud, forgery etc

58 Fraud, forgery etc

(1) A person must not fraudulently or by false representation or declaration (either orally or in writing) obtain registration under this Act.

(2) A person must not fraudulently or by false representation (either orally or in writing) procure any person to be registered under this Act.

For a body corporate, 500 penalty units.

(3) A person must not forge, counterfeit or alter any certificate of registration under this Act or any degree, diploma or other evidence of qualifications for registration under this Act.

For a body corporate, 500 penalty units.

S. 58A inserted by No. 103/2003 s. 66.

58A

Offence to direct or incite unprofessional conduct

58A Offence to direct or incite unprofessional conduct

(1) A person who employs a registered veterinary practitioner must not direct or incite the practitioner to do anything, in the course of veterinary practice, that would constitute unprofessional conduct.

For a natural person, 200 penalty units for a first offence or 400 penalty units for a second or subsequent offence.

For a body corporate, 400 penalty units for a first offence or 800 penalty units for a second or subsequent offence.

(2) If a court convicts or finds a person guilty of an offence against this section, the Clerk or other proper officer of the court must notify the Secretary, in writing, of the conviction or finding.

Advertising

59 Advertising

S. 59(1) amended by No. 71/2014 s. 35, substituted by No. 40/2019 s. 91.

(1) A person must not advertise a veterinary practice or veterinary services in a manner which is false.

S. 59(1A) inserted by No. 40/2019 s. 91.

(1A) A person must not advertise a veterinary practice or veterinary services in a manner which is misleading.

S. 59(1B) inserted by No. 40/2019 s. 91.

(1B) A person must not advertise a veterinary practice or veterinary services in a manner that is deceptive.

S. 59(1C) inserted by No. 40/2019 s. 91.

(1C) A person must not advertise a veterinary practice or veterinary services in a manner which is intended to be false, misleading or deceptive.

S. 59(1D) inserted by No. 40/2019 s. 91.

(1D) A person must not advertise a veterinary practice or veterinary services in a manner that offers a discount, gift or other inducement to attract persons to a veterinary practitioner or veterinary practice unless the advertisement also sets out the terms and conditions of that offer.

S. 59(1E) inserted by No. 40/2019 s. 91.

(1E) A person must not advertise a veterinary practice or veterinary services in a manner that unfavourably contrasts veterinary services provided by a veterinary practitioner or veterinary practice with services provided by another veterinary practitioner or veterinary practice.

S. 59(2) amended by No. 40/2019 s. 91(2)(3).

(2) If a body corporate contravenes subsection (1), (1A), (1B), (1C), (1D) or (1E), any person who is concerned in or takes part in the management of that body corporate who was, in any way, by act or omission, directly or indirectly, knowingly concerned in or party to the commission of the offence also commits an offence under that subsection and is liable for the penalty applicable to a natural person for that offence.

S. 59(3) amended by No. 40/2019 s. 91(2).

(3) A person who, in good faith, publishes or prints an advertisement which contravenes subsection (1), (1A), (1B), (1C), (1D) or (1E) on behalf of another person is not guilty of an offence under that subsection.

Exemptions

60 Exemptions

Nothing in section 57 applies to a person practising veterinary surgery or medicine under the supervision of a registered veterinary practitioner in the course of undergoing a course of study or training approved by the Board that is conducted by or at the premises of—

(a) the School of Veterinary Science of The University of Melbourne;

(b) any university, school or other institution or organisation conducting a course of study or training in veterinary science, surgery or medicine.

Part 6

Administration

Part 6—Administration

Establishment of Board

61 Establishment of Board

(1) There is established a Board to be called the Veterinary Practitioners Registration Board of Victoria.

(2) The Board—

(a) is a body corporate with perpetual succession; and

(b) has a common seal; and

(d) may acquire, hold and dispose of real and personal property; and

(e) may do and suffer all acts and things that a body corporate may, by law, do and suffer.

(3) The common seal must be kept as directed by the Board and must not be used except as authorised by the Board.

(4) All courts must take judicial notice of the seal of the Board on a document and, until the contrary is proved, must presume that the document was properly sealed.

Powers, functions and consultation requirements

62 Powers, functions and consultation requirements

(1) The Board has the following functions—

(a) to register persons who comply with the requirements of this Act as to registration so that they may hold themselves out as veterinary practitioners and veterinary specialists in Victoria;

(b) to recognise qualifications and accredit courses of training which provide qualifications for registration as veterinary practitioners and specialists;

S. 62(1)(c) substituted by No. 48/2010 s. 54.

(d) to investigate the professional conduct or fitness to practise of registered veterinary practitioners and impose sanctions where necessary;

(e) to issue guidelines about appropriate standards of veterinary practice and veterinary facilities;

(f) to advise the Minister on any matters relating to its functions;

(g) when so requested by the Minister, give to the Minister any information reasonably required by the Minister;

(h) any other functions conferred on the Board by this Act.

(2) The Board has all the powers necessary to enable it to perform its functions.

(3) The Board must consult with the Minister and have regard to the Minister's advice in carrying out its functions and exercising its powers.

Membership of the Board

63 Membership of the Board

(1) The Board consists of 9 members nominated by the Minister and appointed by the Governor in Council.

(2) Of the persons appointed to the Board—

(a) 4 must be registered veterinary practitioners; and

(b) one must be a registered veterinary practitioner employed by the Crown and nominated by the Minister; and

S. 63(2)(c) substituted by No. 22/2022 s. 188.

(c) one must be a registered veterinary practitioner with experience in veterinary education or the continuing professional development of veterinary practitioners; and

(d) one must be a lawyer; and

(e) 2 must be persons who are not veterinary practitioners.

(3) The Minister must have regard to a person's expertise or experience in one or more of the following in nominating persons for membership of the Board under paragraph (e)—

(a) finance and business management;

(b) legal practice;

Terms of office

64 Terms of office

(1) A member of the Board holds office for not more than 3 years from the date of his or her appointment.

(2) A member of the Board is eligible for reappointment.

S. 64(3) amended by No. 46/1998 s. 7(Sch. 1), substituted by Nos 108/2004 s. 117(1) (Sch. 3 item 214.3), 80/2006 s. 26(Sch. item 107).

(3) The Public Administration Act 2004 (other than Part 3 of that Act) applies to a member in respect of the office of member.

S. 64(4) inserted by No. 42/2005 s. 54.

(4) Despite subsection (1) and anything to the contrary in the member's instrument of appointment, a member may, with the consent of the Minister, continue to hold office at the end of his or her appointment for a period not exceeding 3 months to enable the vacancy in the member's office to be filled.

Resignation and removal

65 Resignation and removal

(1) A member of the Board ceases to be a member if he or she is absent, without leave first being granted by the Board, from 3 consecutive meetings of which reasonable notice has been given to that member, either personally or by post.

(2) A member of the Board may resign the office of member by writing signed by the member and addressed to the Governor in Council.

(3) The Governor in Council may at any time remove a member of the Board from office.

(4) If a member of the Board dies, resigns or is removed from office, the Governor in Council may, in accordance with this Act, on the recommendation of the Minister, fill the vacant office.

(5) A member appointed under subsection (4) holds office for the rest of the term of appointment of the member whose place he or she fills.

President and Deputy President

66 President and Deputy President

(1) The Governor in Council may appoint members of the Board who are registered veterinary practitioners to be President and Deputy President of the Board.

(2) A person appointed to an office under subsection (1) holds office for the term specified in his or her instrument of appointment and is eligible for reappointment.

(3) A person appointed to an office under subsection (1) may resign that office by writing signed by the person and addressed to the Governor in Council.

(4) The Governor in Council may at any time remove a person appointed under subsection (1) from office.

(5) A person appointed to an office under subsection (1) ceases to hold that office on ceasing to be a member of the Board.

Acting member

67 Acting member

(1) If a member of the Board is unable to perform the duties or functions of the office, the Governor in Council may appoint a person qualified to be appointed as that member to act as the member during the period of inability.

(2) The Governor in Council—

(a) subject to this Act, may determine the terms and conditions of appointment of an acting member; and

(b) may at any time terminate the appointment.

(3) While the appointment of an acting member remains in force, the acting member has and may exercise all the powers and perform all the duties and functions of the member.

Payment of members

68 Payment of members

S. 68(1) amended by Nos 46/1998 s. 7(Sch. 1), 108/2004 s. 117(1) (Sch. 3 item 214.4).

(1) A member or acting member of the Board, other than a member who is an employee of the public service within the meaning of the Public Administration Act 2004, is entitled to receive the fees that are fixed from time to time by the Governor in Council for that member.

(2) Each member or acting member of the Board is entitled to receive the allowances that are fixed from time to time by the Governor in Council.

S. 68(3) repealed by No. 46/1998 s. 7(Sch. 1).

Procedure of Board

69 Procedure of Board

(1) The President or, in the absence of the President, the Deputy President must preside at a meeting of the Board at which he or she is present.

(2) If neither the President nor Deputy President are present at a meeting the members present may elect a member to preside at the meeting.

(3) The person presiding at a meeting has a deliberative vote and a second or casting vote.

(4) A quorum of the Board consists of 3 members or acting members of the Board.

(5) The Board must ensure that minutes of all proceedings at each meeting is recorded.

(6) Subject to this Act, the Board may regulate its own proceedings.

Member's interests

70 Member's interests

(1) A member who has a pecuniary or other interest in any matter in which the Board is concerned must—

(a) if the member is present at a meeting of the Board at which the matter is to be considered, disclose the nature of the interest immediately before the consideration of that matter; or

(b) if the member is aware that the matter is to be considered at a meeting of the Board at which the member does not intend to be present, disclose the nature of the interest to the President or Deputy President of the Board before the meeting is held.

(2) The member—

(a) may take part in the discussion in the meeting; and

(b) must leave the meeting while any vote is taken on a question relating to the matter.

Resolutions without meetings

71 Resolutions without meetings

(1) If—

(a) the Board has taken reasonable steps to give notice to each member setting out the terms of a proposed resolution; and

(b) a majority of the members for the time being sign a document containing a statement that they are in favour of the resolution in the terms set out in the document—

a resolution in those terms is deemed to have been passed at a meeting of the Board held on the day on which the document is signed or, if the members referred to in paragraph (b) do not sign it on the same day, on the day on which the last of those members signs the document.

(2) If a resolution is, under subsection (1), deemed to have been passed at a meeting of the Board, each member must as soon as practicable be advised of the matter and given a copy of the resolution.

(3) For the purposes of subsection (1), 2 or more separate documents containing a statement in identical terms, each of which is signed by one or more members, are deemed to constitute one document.

(4) The majority of members referred to in subsection (1)(b) must not include a member who, because of section 70, is not entitled to vote on the resolution.

(5) This section does not apply to any resolution of the Board relating to a matter being considered under Part 3.

Approved methods of communication for Board

72 Approved methods of communication for Board

S. 72(1) amended by No. 22/2022 s. 190(1).

(1) If not less than two thirds of the members of the Board for the time being holding office so agree, a meeting of the Board may be held by means of a method of communication, or by means of a combination of methods of communication, approved by the President of the Board or Deputy President of the Board for the purposes of that meeting.

S. 72(1A) inserted by No. 22/2022 s. 190(2).

(1A) For the purposes of subsection (1), members of the Board may come to an agreement by any means of electronic communication.

S. 72(2) amended by No. 22/2022 s. 190(3).

(2) For the purposes of this Part, a member of the Board who participates in a meeting held as permitted by subsection (1) is present at the meeting even if the member is not physically present at the same place as another member participating in the meeting.

S. 72(3) substituted by No. 22/2022 s. 190(4).

(3) This section applies to a meeting or part of a meeting of the Board conducted for the purposes of the Board performing its functions under this Act.

S. 73 amended by No. 11/2002 s. 3(Sch. 1 item 63(a)).

Effect of vacancy or defect

73 Effect of vacancy or defect

An act or decision of the Board is not invalid only because—

(a) of a vacancy in its membership; or

(b) of a defect or irregularity in the appointment of any of its members; or

S. 73(2) renumbered as s. 73(c) by No. 11/2002 s. 3(Sch. 1 item 63(b)).

Immunity

74 Immunity

(1) A member of the Board is not personally liable for anything done or omitted to be done in good faith—

(a) in the exercise of a power or the discharge of a duty under this Act or the regulations; or

(b) in the reasonable belief that the act or omission was in the exercise of a power or the discharge of a duty under this Act or the regulations.

(2) Any liability resulting from an act or omission that would but for subsection (1) attach to a member of the Board attaches instead to the Board.

Staff

75 Staff

The Board must employ a person to be responsible for maintaining the register and may employ any other persons that are necessary for the purposes of administering this Act.

Delegation

76 Delegation

The Board may, in writing, delegate to—

(a) a member of the Board; or

(b) the person responsible for maintaining the register or any other member of the staff of the Board—

its powers and functions under this Act, other than—

(d) the power to impose or to amend, vary or revoke conditions, limitations or restrictions on registration; or

(e) the power to conduct any hearing or to make any determination under Part 2 or Part 3; or

(f) this power to delegate.

S. 77 substituted by No. 22/2022 s. 191.

Duty of confidentiality

77 Duty of confidentiality

(1) A person who is or has been a member of the Board or a member of the staff of the Board, must not, directly or indirectly, make a record of, or disclose or communicate to another person, any information obtained in the course of the performance of the person's functions under this Act unless—

(a) for a purpose or in a circumstance specified in subsection (2); and

(b) in the case of a disclosure or communication of information to a relevant person, the person disclosing or communicating the information is satisfied that—

(i) the information will be collected, stored and used by the relevant person in a way that ensures the protection of the privacy of any person to whom the information relates; and

(ii) the provision of the information to the relevant person is necessary to enable the relevant person to perform their functions.

Penalty: 60 penalty units.

(2) For the purposes of subsection (1) the purposes or circumstances are as follows—

(a) for the purposes of, or in connection with, the administration and enforcement of this Act or the regulations or a law of another State or Territory that corresponds with this Act or the regulations;

(b) for the purposes of assisting any of the following persons to perform a function under this Act or any other Act or to assist those persons in the performance of such functions—

(i) a member of, or officer employed by, the Board;

(ii) a person authorised by the Board for the purposes of this Act;

(iii) a relevant person;

(c) the information relates to a proceeding before the Victorian Civil and Administrative Tribunal that is open to the public;

(d) the information is reasonably required for the purposes of the enforcement of any other Act, or a law of another State or a Territory;

(e) for the purposes of reducing risks to the health, safety and wellbeing of a natural person to whom the information relates;

(f) for the purposes of reducing risks to the health, safety and wellbeing of members of the public or the health or welfare of animals;

(g) the information is in a form that does not identify a natural person to whom the information relates;

(h) the disclosure is authorised in writing by the person to whom the information relates;

(i) the disclosure is authorised in writing by the Board on the grounds that the disclosure is in the public interest.

(3) In this section—

relevant person means any of the following persons—

(a) the Director of Public Prosecutions;

(b) a police officer;

(d) a registered medical practitioner performing a function under Part 3;

(e) a barrister or solicitor engaged to assist the Board in relation to a formal or informal hearing or a prosecution for an offence against a provision of this Act;

(f) a specialist inspector or a general inspector appointed under the Prevention of Cruelty to Animals Act 1986;

(g) an authorised officer within the meaning of the Domestic Animals Act 1994;

(h) an inspector within the meaning of the Livestock Disease Control Act 1994;

(i) an authorised officer within the meaning of the Agricultural and Veterinary Chemicals (Control of Use) Act 1992;

(j) an authorised officer within the meaning of the Wildlife Act 1975;

(k) an authorized officer within the meaning of the Drugs, Poisons and Controlled Substances Act 1981;

(l) a gambling and liquor inspector within the meaning of the Racing Act 1958;

(m) the Secretary;

(n) any person employed under Part 3 of the Public Administration Act 2004 in the administration of the Racing Act 1958;

(o) a person who performs, or assists a person to perform, functions similar to or equivalent to those performed by a person referred to in paragraphs (a) to (d) and (f) to (n) under a law of another State or a Territory;

(p) any other person, or a person of a class of person, prescribed for the purposes of this section.

Part 7

Reporting and financial provisions

Part 7—Reporting and financial provisions

Veterinary Practitioners Registration Board Fund

78 Veterinary Practitioners Registration Board Fund

(1) The Board must establish and keep a Veterinary Practitioners Registration Board Fund.

(2) All fees, fines and penalties paid or recovered by the Board under this Act must be paid into the Fund.

(3) The Board must pay any other money received by it into the Fund, including income from the investments of the Fund.

(4) Out of the Fund, the Board must pay—

(a) the expenses incurred by it in carrying out its functions, powers and duties; and

(b) any other expenses incurred in the administration of this Act; and

(c) any payments to be made to members of the Board under this Act and any payments to be made to other persons under this Act; and

(d) any other payments recommended by the Board and approved by the Minister.

Investment powers

79 Investment powers

The Board may invest money credited to the Fund that it does not immediately require—

(a) in any manner in which money may be invested under the Trustee Act 1958; or

(b) in any other manner that the Minister approves.

Part 8

Enforcement and supplementary powers

Part 8—Enforcement and supplementary powers

Proceedings for offences

80 Proceedings for offences

(1) The person responsible for maintaining the register or any other officer authorised by the Board may take proceedings under this Act in the name of the Board.

(2) Any prosecution instituted in the name of the Board must, in the absence of evidence to the contrary, be taken to have been instituted by the Board.

S. 80A inserted by No. 40/2019 s. 92.

80A

Appointment of persons

80A Appointment of persons

The Board may appoint the following persons—

(a) a person to apply for and execute search warrants for the purposes of this Act;

(b) a person to serve infringement notices under section 86A.

Identification

81 Identification

S. 81(1) substituted by No. 40/2019 s. 93.

(1) The Board must issue an identification card to each person appointed by the Board under section 80A.

(2) A person appointed by the Board must, in the course of performing his or her functions under this Act, produce his or her identification card to any person who requests its production.

Powers of entry with warrant

82 Powers of entry with warrant

(1) A person appointed for that purpose by the Board may apply to a magistrate for the issue of a search warrant in relation to particular premises if that person believes, on reasonable grounds—

(a) that there is or has been a contravention of this Act or the regulations on the premises; or

(b) that entry into or onto the premises is necessary for the purpose of investigating a complaint made under this Act which, if substantiated, may provide grounds for the suspension or cancellation of registration of a registered veterinary practitioner.

S. 82(2) amended by No. 6/2018 s. 68(Sch. 2 item 131.2).

(2) If a magistrate is satisfied by evidence on oath or by affirmation or by affidavit, that there are reasonable grounds for suspecting that there is on the premises a particular thing that may be evidence of the commission of an offence against this Act or the regulations or of grounds for the suspension or cancellation of the registration of a veterinary practitioner, the magistrate may issue a search warrant authorising any person named in the warrant—

(a) to enter the premises, or the part of the premises, named or described in the warrant; and

(b) to search for and seize a thing named or described in the warrant; and

(3) In addition to any other requirement, a search warrant issued for the purposes of this section must state—

(a) the offence or grounds of suspension or cancellation suspected; and

(b) the premises to be searched; and

(d) any conditions to which the warrant is subject; and

(e) whether entry is authorised to be made at any time or during stated hours; and

(f) a day, not later than 7 days after the issue of the warrant, on which the warrant ceases to have effect.

(4) A search warrant must be issued in accordance with the Magistrates' Court Act 1989 and in a form prescribed under that Act.

(5) The rules to be observed with respect to search warrants mentioned in the Magistrates' Court Act 1989 extend and apply to warrants under this section.

Announcement before entry

83 Announcement before entry

(1) Immediately before executing a search warrant, a person named in the warrant must announce that he or she is authorised by the warrant to enter the premises.

(2) The person need not comply with subsection (1) if he or she believes on reasonable grounds that immediate entry to the premises is required to ensure the safety of any person or that the effective execution of the search warrant is not frustrated.

Copy of warrant to be given to occupier

84 Copy of warrant to be given to occupier

If the occupier or another person who apparently represents the occupier is present at the premises when a search warrant is being executed, the person or persons named in the warrant must—

(a) identify themselves to that person by producing their identification card for inspection by that person; and

(b) give to that person a copy of the execution copy of the warrant.

Copies or receipts to be given

85 Copies or receipts to be given

(1) If a person seizes—

(a) a document, disk or tape or other thing that can be readily copied; or

(b) a storage device the information in which can be readily copied—

under a warrant the person, on request by the occupier, must give a copy of the thing or information to the occupier as soon as practicable after the seizure.

(2) If a person seizes a thing under a warrant and has not provided a copy of the thing under subsection (1) the person must provide a receipt for that thing as soon as practicable after the seizure.

Powers of Board in relation to fees

86 Powers of Board in relation to fees

(1) In the case of any fee which the Board is empowered to fix under this Act—

S. 86(1)(a) amended by No. 22/2022 s. 192(1).

(a) subject to paragraph (ab), the Board must fix the fee for a period of 12 months and may amend or vary the fee at the end of that period; and

S. 86(1)(ab) inserted by No. 22/2022 s. 192(2).

(ab) in the case of a fee determined by the Board for granting specific registration as a veterinary practitioner, the Board must fix the fee for a period that is no less than 12 months and no more than 36 months and may amend or vary the fee at the end of that period; and

(b) the Board may fix a different fee for a different case and may allow for the reduction, waiver or refund, in whole or in part, of any fee; and

S. 86(1)(c) amended by No. 71/2014 s. 36.

(2) In fixing fees under this Act the Board is entitled to ensure that the amount of money collected in fees under this Act is sufficient to cover the cost to the Board of administering this Act.

S. 86A inserted by No. 40/2019 s. 94.

86A

Infringement notices

86A Infringement notices

(1) An authorised person may serve an infringement notice on any person that the authorised person has reason to believe has committed an offence against this Act or the regulations that is prescribed to be an infringement offence.

(2) An offence referred to in subsection (1) for which an infringement notice may be served is an infringement offence within the meaning of the Infringements Act 2006.

(3) The infringement penalty for an infringement offence is the prescribed infringement penalty.

(4) In this section—

authorised person means a person appointed under section 80A(b).

Part 9

General

Part 9—General

Supreme Court—limitation of jurisdiction

87 Supreme Court—limitation of jurisdiction

It is the intention of section 52(3) to alter or vary section 85 of the Constitution Act 1975.

Regulations

88 Regulations

(1) The Governor in Council may make regulations for or with respect to—

(a) registration, renewal of registration, endorsement of registration and applications for registration, renewal of registration and endorsement of registration;

(b) the register, including particulars to be noted on the register and the manner of keeping the register;

(d) time limits for the purposes of this Act;

S. 88(1)(da) inserted by No. 40/2019 s. 95.

(da) prescribing, for the purposes of section 86A, infringement offences and infringement penalties for infringement offences;

(e) penalties, not exceeding 10 penalty units, for breaches of the regulations;

(f) generally any matter or thing required or permitted to be prescribed or necessary to be prescribed to give effect to this Act.

(2) The regulations—

(a) may be of general or limited application; and

(b) may differ according to differences in time, place or circumstance; and

(c) may apply, adopt or incorporate any matter contained in any document, code, standard, rule, specification, or method, formulated, issued, prescribed or published by any person whether—

(i) wholly or partially or as amended by the regulations; or

(ii) as formulated, issued, prescribed or published at the time the regulations are made or at any time before then; or

(iii) as formulated, issued, prescribed or published from time to time; and

(d) may leave anything for the approval or satisfaction of a specified person.

Part 10—Savings, transitional and amendments

Division 1—Savings and transitional

89 Definitions

In this Part—

new Board means the Veterinary Practitioners Registration Board of Victoria established under this Act;

old Act means the Veterinary Surgeons Act 1958 as in force immediately before its repeal;

old Board means the Veterinary Board of Victoria established under the old Act.

Repeal

90 Repeal

No. 6410.

The Veterinary Surgeons Act 1958 is repealed.

Board succeeds old Board

91 Board succeeds old Board

(1) On the commencement of this section—

(a) the old Board is abolished and its members go out of office; and

(b) any rights, assets, liabilities and obligations of the old Board, immediately before its abolition, become rights, assets, liabilities and obligations of the new Board; and

(c) the new Board is substituted for the old Board as a party in any proceeding, contract, agreement or arrangement commenced or made by, against or in relation to the old Board; and

(d) the new Board may continue and complete any other continuing matter or thing commenced by, against or in relation to the old Board.

(2) On and from the commencement of this section, the assets that become assets of the new Board under subsection (1)—

(a) if they are moneys or amounts standing to the credit of any fund or account of the old Board, must be taken to form part of the Veterinary Practitioners Registration Board Fund; and

(b) if they are assets in which the funds of the old Board have been invested, must be taken to be investments of the Veterinary Practitioners Registration Board Fund.

(3) A reference in any Act (other than this Act) or in any subordinate instrument within the meaning of the Interpretation of Legislation Act 1984 to the old Board must, on and after the commencement of this section, be construed as a reference to the new Board established under this Act unless the context otherwise requires.

Proceedings before the old Board

92 Proceedings before the old Board

(1) If an investigation or inquiry into the activities or physical or mental health of a registered veterinary surgeon under the old Act has commenced but not been completed before the commencement of Part 3 of this Act—

(a) that investigation or inquiry may be completed on and after that date; and

(b) any appeal or other further proceedings which might have been taken in relation to that investigation or inquiry under the old Act might be taken on and after that date—

by the old Board as if this Act had not been enacted.

(2) The new Board must give effect to a decision made on an inquiry, investigation or appeal completed by the old Board as if it were a decision under this Act.

Application of this Act to conduct occurring before commencement of this Act

93 Application of this Act to conduct occurring before commencement of this Act

(1) In the case of activities of a person who is deemed by section 94 to be a registered veterinary practitioner under this Act which occurred before the commencement of Part 3 and in respect of which no proceedings have been commenced under the old Act, this Act applies to the extent that there was power to conduct an inquiry under the old Act into those activities.

(2) Any determination or outcome of a hearing into those activities must be one which would have been available as a finding or decision in an inquiry by the Board under the old Act.

(3) This section does not apply to activities which are the subject of proceedings to which section 92 applies.

Existing registrations

94 Existing registrations

(1) A person who was registered as a veterinary surgeon under the old Act immediately before the commencement of Part 2 of this Act is deemed to have general registration under this Act.

(2) A person who was, immediately before the commencement of this section, registered as a specialist veterinary surgeon under section 24F of the old Act with respect to a special branch of veterinary sciences is deemed to have general registration under this Act with an endorsement of that practitioner's registration under section 8 of this Act to practise as a specialist practitioner in that branch.

(3) If a person is deemed to be registered under this section, and the registration of that person under the old Act, immediately before the commencement of this Act, was suspended, the registration of that person under this Act is deemed to be suspended for the remainder of the period for which that person's registration would have been suspended under the old Act.

(4) If a person is deemed to be registered under this section, and the registration of that person under the old Act, immediately before the commencement of this Act, was subject to conditions, limitations or restrictions, the registration of that person under this Act is deemed to be subject to the same conditions, limitations or restrictions as those to which the registration under the old Act was subject.

(5) The registration of a person who is deemed to be registered under this section expires (unless sooner cancelled) at the end of the period for which the person was registered under the old Act.

(6) A reference in any Act (other than this Act) or a subordinate instrument within the meaning of the Interpretation of Legislation Act 1984 to a veterinary surgeon registered under the old Act who is deemed by subsection (1) to be registered under this Act must, on and after the commencement of this section, be construed as a reference to a veterinary practitioner registered under this Act unless the context otherwise requires.

Preparation of annual report

95 Preparation of annual report

The new Board shall prepare the annual reports that the old Board would have been required to prepare under the Financial Management Act 1994 in respect of any part of the financial year during which the old Board operated.

Pt 10 Div. 2 (Heading) repealed by No. 21/2015 s. 3(Sch. 1 item 59).

S. 96 repealed by No. 29/2011 s. 3(Sch. 1 item 102).

Pt 11 (Heading and s. 96) inserted by No. 71/2014 s. 37.

Part 11

Savings and transitional provisions arising from amending Acts

Part 11—Savings and transitional provisions arising from amending Acts

S. 96 inserted by No. 71/2014 s. 37.

Transitional provision—Primary Industries Legislation Amendment Act 2014

96 Transitional provision—Primary Industries Legislation Amendment Act 2014

(1) Despite section 11(1), in the case of the registration of a veterinary practitioner which is not specific which, immediately before the commencement of section 27(1) of the Primary Industries Legislation Amendment Act 2014, was due to continue in force until 31 December 2015, the Board may renew the registration for a period of up to 18 months but ending no later than midnight on 30 June 2017.

(2) Despite section 86(1)(a), in the case of a fee for renewal of registration for the period of 18 months ending at midnight on 30 June 2017, the Board may fix a fee for a period of greater than 12 months.

S. 97 inserted by No. 48/2016 s. 19.

Primary Industries Legislation Amendment Act 2016—Transitional provision

97 Primary Industries Legislation Amendment Act 2016—Transitional provision

Section 26A as inserted by section 16 of the Primary Industries Legislation Amendment Act 2016 applies in relation to a matter concerning a veterinary practitioner whether or not a preliminary investigation into the matter commenced before, on or after the commencement of section 16 of that Act.

S. 98 inserted by No. 22/2022 s. 193.

Transitional provisions—Agriculture Legislation Amendment Act 2022

98 Transitional provisions—Agriculture Legislation Amendment Act 2022

(1) A person approved by the Governor in Council under section 35(4) immediately before the commencement of section 180(2) of the amending Act is taken to be an approved person until the term of the approval expires.

(2) A person approved by the Governor in Council under section 42(4) immediately before the commencement of section 182 of the amending Act is taken to be an approved person until the term of the approval expires.

(3) The amendments made to this Act by section 184 of the amending Act apply only to offences alleged to have been committed on or after the commencement of that section.

(4) For the purposes of subsection (3), if an offence is alleged to have been committed between 2 dates, one before and one on or after the commencement of section 184 of the amending Act, the offence is alleged to have been committed before that commencement.

(5) The amendments made to this Act by section 186 of the amending Act apply only to offences alleged to have been committed on or after the commencement of that section.

(6) For the purposes of subsection (5), if an offence is alleged to have been committed between 2 dates, one before and one on or after the commencement of section 186 of the amending Act, the offence is alleged to have been committed before that commencement.

(7) The amendments made to this Act by section 187 of the amending Act apply only to offences alleged to have been committed on or after the commencement of that section.

(8) For the purposes of subsection (7), if an offence is alleged to have been committed between 2 dates, one before and one on or after the commencement of section 187 of the amending Act, the offence is alleged to have been committed before that commencement.

(9) The Board continues in operation despite the changes to its constitution made by section 188 of the Amending Act.

(10) In this section—

amending Act means the Agriculture Legislation Amendment Act 2022.

Sch. repealed by No. 29/2011 s. 3(Sch. 1 item 102).

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Endnotes

1 General information

See www.legislation.vic.gov.au for Victorian Bills, Acts and current Versions of legislation and up-to-date legislative information.

Minister's second reading speech—

Legislative Assembly: 22 May 1997

Legislative Council: 8 October 1997

The long title for the Bill for this Act was "A Bill to make further provision for the registration of veterinary practitioners, the investigation into the professional conduct or fitness to practise of registered veterinary practitioners, to establish the Veterinary Practitioners Registration Board of Victoria and the Veterinary Practitioners Registration Board Fund, to repeal the Veterinary Surgeons Act 1958 and to make consequential amendments to other Acts and for other purposes."

Constitution Act 1975:

Section 85(5) statement:

Legislative Assembly: 22 May 1997

Legislative Council: 8 October 1997

Absolute majorities:

Legislative Assembly: 18 September 1997

Legislative Council: 14 October 1997

The Veterinary Practice Act 1997 was assented to on 28 October 1997 and came into operation as follows:

Part 1 (sections 1–3) on 28 October 1997: section 2(1); rest of Act on 17 March 1998: Government Gazette 12 March 1998 page 520.

INTERPRETATION OF LEGISLATION ACT 1984 (ILA)

Style changes

Section 54A of the ILA authorises the making of the style changes set out in Schedule 1 to that Act.

References to ILA s. 39B

Sidenotes which cite ILA s. 39B refer to section 39B of the ILA which provides that where an undivided section or clause of a Schedule is amended by the insertion of one or more subsections or subclauses, the original section

or clause becomes subsection or subclause (1) and is amended by the insertion of the expression "(1)" at the beginning of the original section or clause.

Interpretation

As from 1 January 2001, amendments to section 36 of the ILA have the following effects:

• Headings

All headings included in an Act which is passed on or after 1 January 2001 form part of that Act. Any heading inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act. This includes headings to Parts, Divisions or Subdivisions in a Schedule; sections; clauses; items; tables; columns; examples; diagrams; notes or forms. See section 36(1A)(2A).

• Examples, diagrams or notes

All examples, diagrams or notes included in an Act which is passed on or after 1 January 2001 form part of that Act. Any examples, diagrams or notes inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, form part of that Act. See section 36(3A).

• Punctuation

All punctuation included in an Act which is passed on or after 1 January 2001 forms part of that Act. Any punctuation inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act. See section 36(3B).

• Provision numbers

All provision numbers included in an Act form part of that Act, whether inserted in the Act before, on or after 1 January 2001. Provision numbers include section numbers, subsection numbers, paragraphs and subparagraphs. See section 36(3C).

• Location of "legislative items"

A "legislative item" is a penalty, an example or a note. As from 13 October 2004, a legislative item relating to a provision of an Act is taken to be at the foot of that provision even if it is preceded or followed by another legislative item that relates to that provision. For example, if a penalty at the foot of a provision is followed by a note, both of these legislative items will be regarded as being at the foot of that provision. See section 36B.

• Other material

Any explanatory memorandum, table of provisions, endnotes, index and other material printed after the Endnotes does not form part of an Act.
See section 36(3)(3D)(3E).

2 Table of Amendments

This publication incorporates amendments made to the Veterinary Practice Act 1997 by Acts and subordinate instrument.

–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

Public Sector Reform (Miscellaneous Amendments) Act 1998, No. 46/1998

Tribunals and Licensing Authorities (Miscellaneous Amendments) Act 1998, No. 52/1998

Licensing and Tribunal (Amendment) Act 1998, No. 101/1998

Statute Law (Further Revision) Act 2002, No. 11/2002

Animals Legislation (Animal Welfare) Act 2003, No. 103/2003

Public Administration Act 2004, No. 108/2004

Legal Profession (Consequential Amendments) Act 2005, No. 18/2005

Health Legislation (Miscellaneous Amendments) Act 2005, No. 42/2005

Health Professions Registration Act 2005, No. 97/2005

Public Sector Acts (Further Workplace Protection and Other Matters) Act 2006, No. 80/2006

Primary Industries Legislation Amendment Act 2009, No. 35/2009 (as amended by Nos 36/2009, 48/2010)

Statute Law Amendment (Evidence Consequential Provisions) Act 2009, No. 69/2009

Statute Law Amendment (National Health Practitioner Regulation) Act 2010, No. 13/2010

Severe Substance Dependence Treatment Act 2010, No. 43/2010 (as amended by No. 29/2011)

Primary Industries Legislation Amendment Act 2010, No. 48/2010

Statute Law Revision Act 2011, No. 29/2011

Statute Law Revision Act 2013, No. 70/2013

Legal Profession Uniform Law Application Act 2014, No. 17/2014

Inquiries Act 2014, No. 67/2014

Primary Industries Legislation Amendment Act 2014, No. 71/2014

Statute Law Revision Act 2015, No. 21/2015

Primary Industries Legislation Amendment Act 2016, No. 48/2016

Oaths and Affirmations Act 2018, No. 6/2018

Primary Industries Legislation Amendment Act 2019, No. 40/2019

Agriculture Legislation Amendment Act 2022, No. 22/2022

Statute Law Revision Act 2025, No. 41/2025

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3 Explanatory details

No entries at date of publication.

Source text: opening excerpt

Sourced from Victorian Legislation (legislation.vic.gov.au), CC BY 4.0.

1 Veterinary Practice Act 1997

Version No. 045

Veterinary Practice Act 1997

No. 58 of 1997

Version incorporating amendments as at
22 October 2025

table of provisions

Section Page

Part 1—Preliminary 1

1 Purposes 1

2 Commencement 1

3 Definitions 2

3A Deemed general registration 6

3B Deemed specialist endorsement 7

3C Governor in Council may approve an approved person 7

Part 2—Registration 8

Division 1—Procedure for obtaining registration 8

4 Application for registration 8

5 Qualifications for general registration 9

6 General registration 10

7 Specific registration 14

7AA Cancellation of specific registration if practitioner unable to comply with condition 15

7A Non-practising registration 16

8 Endorsement of registration as a specialist practitioner 17

9 Entitlement of applicant to make submissions 19

10 Notification of outcome of application 19

11 Duration and renewal of registration 20

12 Application for renewal of and refusal to renew registration 20

13 Restoration of name to the register 21

14 Effect of suspension of registration 22

14A Registration may be surrendered 22

15 Registration obtained by fraud 22

Division 2—The Register 23

16 The Register 23

16A Board may remove particulars of persons no longer registered or holding a specialist endorsement 24

17 Certificates 25

18 Use of certificate as evidence 25

19 Requirement to notify the Board of change of address 26

Part 3—Investigations into registered veterinary practitioners 27

Division 1—Preliminary investigations into professional conduct 27

20 Complaints about the conduct of registered veterinary practitioners 27

21 When complaints about professional conduct are to be investigated by the Board 27

22 Outcome of preliminary investigation 28

23 Power of Board to institute a hearing into professional conduct 29

24 Suspension of, or imposition of conditions on, registration on decision to conduct investigation or hearing into conduct of veterinary practitioner 29