(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
(c) advise the veterinary practitioner of the nature of the matter to be investigated; 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).
Section 26 - Veterinary Practice Act 1997 - Notification to veterinary practitioner | Zoe
(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;
(c) the Board cancels the registration of the veterinary practitioner on the request of the veterinary practitioner;
(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).