38Findings 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;

(c) that the veterinary practitioner be reprimanded.

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;

(c) that the person be reprimanded.