45Findings 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).

(c) the person has not engaged in unprofessional conduct.

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;

(c) reprimand 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—