Veterinary Practice Act 2003

Part 2—Veterinary Surgeons Board of South Australia Division 1—Continuation of Board 5—Continuation of Board (1) The Veterinary Surgeons Board continues in existence as the Veterinary Surgeons Board of South Australia. (2) The Board— (a) is a body corporate; and (b) has perpetual succession and a common seal; and (c) is capable of suing and being sued in its corporate name; and (d) has all the powers of a natural person that are capable of being exercised by a body corporate; and (e) has the functions and powers assigned or conferred by or under this Act. (3) If a document appears to bear the common seal of the Board, it will be presumed, in the absence of proof to the contrary, that the common seal of the Board was duly affixed to the document. Division 2—Membership 6—Composition of Board (1) The Board consists of 8 members appointed by the Governor of whom— (a) 1 must be a veterinary surgeon nominated by the South Australian Division of The Australian Veterinary Association; and (b) 6 must be persons nominated by the Minister and of these— (i) 1 (the presiding member) must be a legal practitioner; and (ii) 3 must be veterinary surgeons of whom at least— (A) 1 must have experience or knowledge relating to animals used for primary production or horses; and (B) 1 must have experience or knowledge relating to other animals; and (iii) 2 must be persons (not being veterinary surgeons) of whom at least 1 must have experience or knowledge relating to animal health, safety and welfare; and (c) 1 must be a veterinary surgeon engaged in teaching veterinary science nominated by the Council of The University of Adelaide. (2) At least 1 of the members of the Board nominated by the Minister must be a woman and at least 1 must be a man. (3) The Governor may appoint a person to be a deputy of a member and a person so appointed may act as a member of the Board in the absence of the member. (4) The requirements of qualification and nomination made by this section in relation to the appointment of a member extend to the appointment of a deputy of that member. (5) If a body fails to make a nomination within a period specified by the Minister, the Governor may appoint a person nominated by the Minister and the person so appointed will be taken to have been appointed after due nomination under this section. 7—Terms and conditions of membership (1) A member of the Board will be appointed on conditions determined by the Governor and for a term, not exceeding 3 years, specified in the instrument of appointment and, at the expiration of a term of appointment, is eligible for reappointment. (2) The Governor may remove a member of the Board from office— (a) for breach of, or non-compliance with, a condition of appointment; or (b) for misconduct; or (c) for failure or incapacity to carry out official duties satisfactorily. (3) The office of a member of the Board becomes vacant if the member— (a) dies; or (b) completes a term of office and is not reappointed; or (c) resigns by written notice to the Minister; or (d) ceases to satisfy the qualification by virtue of which the member was eligible for appointment to the Board; or (e) is removed from office under subsection (2). (4) If a member of the Board is a member constituting the Board for the purposes of any proceedings under Part 5 Division 3 and the member's term of office expires before those proceedings are completed, the member may, for the purpose of continuing and completing those proceedings, continue to act as a member of the Board. 8—Vacancies or defects in appointment of members An act or proceeding of the Board is not invalid by reason only of a vacancy in its membership or a defect in the appointment of a member. 9—Remuneration A member of the Board is entitled to remuneration, allowances and expenses determined by the Governor. Division 3—Registrar and staff 10—Registrar (1) There will be a Registrar of the Board. (2) The Registrar will be appointed by the Board on terms and conditions determined by the Board. 11—Staff (1) There will be such staff of the Board as the Board thinks necessary for the proper performance of its functions. (2) A member of the staff of the Board is not, as such, a member of the Public Service, but the Board may employ a person who is on leave from employment in the Public Service or with an instrumentality or agency of the Crown. (3) The Board may, with the approval of the Minister administering an administrative unit of the Public Service, make use of the services, facilities or officers of that unit. Division 4—General functions and powers 12—Objects The Board must exercise its functions under this Act with the object of protecting animal health, safety and welfare and the public interest by achieving and maintaining high professional standards both of competence and conduct in the provision of veterinary treatment in this State. 13—Functions (1) The functions of the Board are as follows: (a) to recognise courses of education or training that provide qualifications for registration on the general register or the specialist register; (b) to determine the requirements necessary for registration on the general register or the specialist register; (c) to determine the specialties in which a person may be registered on the specialist register; (d) to establish and maintain the registers contemplated by this Act; (e) to prepare or endorse codes of conduct and professional standards for veterinary surgeons; (f) to prepare or endorse guidelines on continuing education for veterinary surgeons; (g) to establish administrative processes for handling complaints received against veterinary surgeons or veterinary services providers (which may include processes under which the veterinary surgeon or veterinary services provider voluntarily enters into an undertaking); (h) to provide advice to the Minister as may be appropriate; (i) to carry out other functions assigned to the Board by or under this Act, or by the Minister. (1a) In recognising a course of education or training, the Board may act on the recommendation of the Australasian Veterinary Boards Council Incorporated relating to the course. (2) If the Board prepares or endorses a code of conduct, professional standard or guidelines under subsection (1), the Board must— (a) cause a copy of the code, standard or guidelines to be published in the Gazette and on the Internet; and (c) ensure that a copy of the code, standard or guidelines is kept available for public inspection, without charge and during ordinary office hours, at the office of the Board, (although proof of compliance with paragraphs (a) and (c) is not necessary for the purposes of any proceedings that involve an alleged contravention of or failure to comply with a code of conduct or professional standard). 15—Committees (1) The Board may establish committees— (a) to advise the Board on any matter; or (b) to carry out functions on behalf of the Board. (2) The membership of a committee will be determined by the Board and may, but need not, consist of, or include, members of the Board. (3) The Board will determine who will be the presiding member of a committee. (4) The procedures to be observed in relation to the conduct of the business of a committee will be— (a) as determined by the Board; (b) insofar as a procedure is not determined under paragraph (a)—as determined by the committee. 16—Delegations (1) The Board may delegate any of its functions or powers under this Act other than— (a) this power of delegation; and (b) the power of the Board to hear and determine proceedings regarding medical fitness under Part 5 Division 3. (2) A delegation— (a) may be made— (i) to a member of the Board, the Registrar or an employee of the Board; or (ii) to a committee established by the Board; and (b) may be made subject to conditions and limitations specified in the instrument of delegation; and (c) is revocable at will and does not derogate from the power of the Board to act in a matter. Division 5—Procedures 17—Procedures (1) Subject to this Act, 5 members constitute a quorum of the Board. (2) One of the members constituting a quorum must be a person who is not a veterinary surgeon. (3) A meeting of the Board (other than for the purposes of hearing and determining proceedings regarding medical fitness under Part 5 Division 3) will be chaired by the presiding member or, in his or her absence, by the deputy presiding member, and, in the absence of both the presiding member and the deputy presiding member, the members present at a meeting of the Board must choose one of their number to preside at the meeting. (4) A decision carried by a majority of the votes cast by members of the Board at a meeting is a decision of the Board. (5) Each member present at a meeting of the Board has one vote on any question arising for decision and, except in hearing and determining proceedings regarding medical fitness under Part 5 Division 3, the member presiding at the meeting may exercise a casting vote if the votes are equal. (6) A conference by telephone or other electronic means between the members of the Board will, for the purposes of this section, be taken to be a meeting of the Board at which the participating members are present if— (a) notice of the conference is given to all members in the manner determined by the Board for the purpose; and (b) each participating member is capable of communicating with every other participating member during the conference. (7) A proposed resolution of the Board becomes a valid decision of the Board despite the fact that it is not voted on at a meeting of the Board if— (a) notice of the proposed resolution is given to all members of the Board in accordance with procedures determined by the Board; and (b) a majority of the members express concurrence in the proposed resolution by letter, telegram, telex, facsimile transmission, electronic mail or other written communication setting out the terms of the resolution. (8) However, subsections (6) and (7) do not apply in relation to the hearing and determination of proceedings regarding medical fitness under Part 5 Division 3 by the Board as constituted for the purposes of proceedings under that Division. (9) The Board must have accurate minutes kept of its meetings. (10) Subject to this Act, the Board may determine its own procedures. 18—Application of Public Sector (Honesty and Accountability) Act (1) The Public Sector (Honesty and Accountability) Act 1995 applies to a member of a committee of the Board as if the committee were an advisory body and the Minister responsible for the administration of this Act were the relevant Minister. (2) A member of the Board or a committee of the Board will not be taken to have a direct or indirect interest in a matter for the purposes of the Public Sector (Honesty and Accountability) Act 1995 by reason only of the fact that the member has an interest in a matter that is shared in common with veterinary surgeons generally, or a substantial section of veterinary surgeons. 19—Powers in relation to witnesses etc (1) For the purposes of proceedings before the Board regarding medical fitness under Part 5 Division 3, the Board may— (a) by summons signed on behalf of the Board by a member of the Board or the Registrar, require the attendance before the Board of any person whom the Board thinks fit to call before it; or (b) by summons signed on behalf of the Board by a member of the Board or the Registrar— (i) require the production of any relevant records, documents or equipment (including written records that reproduce in a readily understandable form information kept by computer, microfilm or other process); and (ii) in the case of a document or record that is not in the English language—require the production of a written statement in the English language of the contents of the document or record; or (c) inspect any documents, records or equipment produced before it, and retain them for such reasonable period as it thinks fit, and make copies of the documents or records or their contents; or (d) require any person to make an oath or affirmation (which may be administered by the Registrar or any member of the Board) to answer truthfully questions put by any member of the Board or any person appearing before the Board; or (e) require any person appearing before the Board (whether summoned to appear or not) to answer any questions put by any member of the Board or by any person appearing before the Board. (2) On receipt of an application for the issue of a summons under this section, a member or the Registrar may, without referring the matter to the Board, issue a summons on behalf of the Board. (3) A person who— (a) fails without reasonable excuse to comply with a summons issued to attend, or to produce documents, records or equipment, before the Board; or (b) having been served with a summons to produce a written statement of the contents of a document or record in the English language fails, without reasonable excuse, to comply with the summons or produces a statement that he or she knows, or ought to know, is false or misleading in a material particular; or (c) misbehaves before the Board, wilfully insults the Board or one or more of the members in the exercise of the member's official duties, or interrupts the proceedings of the Board; or (d) refuses to be sworn or to affirm, or refuses or fails to answer truthfully a relevant question when required to do so by the Board, Maximum penalty: $10 000 or imprisonment for 6 months. (4) A person who appears as a witness before the Board has the same protection as a witness in proceedings before the Supreme Court. 20—Power to require medical examination or report (1) The Board may, for any purpose associated with the administration or operation of this Act, require a veterinary surgeon or a person who is applying for registration or reinstatement of registration as a veterinary surgeon to— (a) submit to an examination by a health professional, or by a health professional of a class, specified by the Board; or (b) provide a medical report from a health professional, or from a health professional of a class, specified by the Board, (including an examination or report that will require the person to undergo some form of medically invasive procedure). (2) If a veterinary surgeon fails to comply with a requirement made under subsection (1), the Board may suspend the person's registration until further order of the Board. 21—Principles governing proceedings In any proceedings before the Board under this Act, the Board— (a) is not bound by the rules of evidence and may inform itself on any matter as it thinks fit; and (b) must act according to equity, good conscience and the substantial merits of the case without regard to technicalities and legal forms. 22—Representation at proceedings A party to proceedings before the Board is entitled to be represented at the hearing of those proceedings. 23—Costs (1) The Board may award such costs against a party to proceedings as the Board considers just and reasonable. (2) A party who is dissatisfied with the amount of the costs fixed by the Board may request a Master of the Supreme Court to tax the costs and, after taxing the costs, the Master may confirm or vary the amount of the costs fixed by the Board. (3) Subject to this section, costs awarded by the Board under this section may be recovered as a debt.

Division 6—Accounts, audit and annual report 24—Accounts and audit (1) The Board must keep proper accounting records in relation to its financial affairs, and must have annual statements of account prepared in respect of each financial year. (2) The accounts must be audited at least once in every year by an auditor approved by the Auditor-General and appointed by the Board. (3) The Auditor-General may at any time audit the accounts of the Board. 25—Annual report (1) The Board must, on or before 30 September in each year, deliver to the Minister a report on the administration of this Act and the work of the Board during the financial year ending on the preceding 30 June. (2) The report must incorporate the audited accounts of the Board for the relevant financial year. (3) The Minister must, within 12 sitting days after receiving a report under this section, have copies of the report laid before both Houses of Parliament.

Part 3—Registration of veterinary surgeons Division 1—Registers 26—Registers (1) The Registrar must keep the following registers: (a) a general register; (b) a specialist register; (c) a register of persons who have been removed from the general register or specialist register or a particular specialty under this Act or any other Act or law or former Act or law; (d) a register of persons whose deemed registration under this Act has been affected by a decision of the Board or who have been disqualified by the Board from deemed registration under this Act. (2) The registers may be kept in conjunction with 1 or more registers kept under corresponding laws. 28—General and specialist registers (1) A person cannot be on the specialist register unless the person is also on the general register. (2) The general and specialist registers must include, in relation to each person with primary registration under this Act— (a) the person's full name and business address; and (b) the qualifications for registration held by the person; and (c) in the case of a person registered on the specialist register, the specialty in which the person is registered; and (d) particulars of any limitation or condition of the person's registration; and (da) particulars of any decision of the Board— (i) waiving or modifying restrictions, limitations or conditions imposed on the person's registration under a corresponding law; or (ii) waiving any suspension, cancellation or disqualification imposed on the person's registration or the person under a corresponding law, (being a registration that is deemed registration under this Act); and (e) information prescribed by the regulations, and may include other information as the Board thinks fit. 29—Register of persons removed from general or specialist register The register of persons who have been removed under this Act or any other Act or law or former Act or law from the general register or specialist register or a particular specialty— (a) must not include any person who is dead; (b) must include, in relation to each person on the register, a statement of— (i) the register or specialty from which the person was removed; and (ii) the reason for removal of the person; and (iii) the date of removal; and (iv) in the case of removal consequent on suspension or disqualification—the duration of the suspension or disqualification; (c) must have deleted from it all information relating to any person who has been reinstated on each register or specialty from which the person was removed. 29A—Register of decisions relating to deemed registration The register of persons whose deemed registration under this Act has been affected by a decision of the Board or who have been disqualified by the Board from deemed registration under this Act— (a) must include, in relation to each person on the register— (i) the person's full name and business address; and (ii) the registration or specialty affected by the decision; and (iii) the date of the decision; and (iv) the reasons for and the terms of the decision, including— (A) any conditions imposed by the Board; and (B) any waiver or modification by the Board of restrictions, limitations and conditions imposed under a corresponding law; and (C) any suspension, cancellation or disqualification imposed by the Board; and (D) any waiver by the Board of a suspension, cancellation or disqualification under a corresponding law; and (b) must have deleted from it all information relating to a person if the Board's decision has ceased to be operative. 30—Provisions of general application to registers (1) The Registrar is responsible to the Board for the form and maintenance of the registers. (2) The Registrar must correct an entry in a register that is not, or has ceased to be, correct. (3) The registers must be kept available for inspection, on payment of the prescribed fee, by any person during ordinary office hours at the office of the Board and may be made available to the public by electronic means. (4) A person may, on payment of the prescribed fee, obtain a copy of any part of a register kept under this Act. (5) A certificate stating that a person was, or was not, registered on the general register or specialist register or in a particular specialty under this Act at a particular date or during a particular period and purporting to be signed by the Registrar will, in the absence of proof to the contrary, be accepted in legal proceedings (including proceedings before the Tribunal) as proof of the registration, or of the fact that the person was not so registered, on the date or during the period stated in the certificate. 31—Requirement to inform Board of changes A veterinary surgeon must, within 3 months after changing his or her name or personal or business address, inform the Board in writing of the change. Maximum penalty: $250. Division 2—Primary registration 32—Registration of natural persons on general or specialist register (1) Subject to this Act, a natural person is eligible for registration on the general register, and a person registered on the general register is eligible for registration on the specialist register in a particular specialty, if the person, on application to the Board, satisfies the Board that— (a) he or she— (i) has qualifications recognised by the Board for the purposes of registration on the register or in the specialty to which the application relates; and (ii) has met the requirements determined by the Board to be necessary for the purposes of registration on that register or in that specialty; and (iii) is medically fit to provide veterinary treatment as a veterinary surgeon; and (iv) is a fit and proper person to be registered on that register or in that specialty; and (b) he or she is, unless exempted by the Board, insured in a manner and to an extent approved by the Board against civil liabilities that might be incurred by the person in the course of providing veterinary treatment as a veterinary surgeon; and (c) he or she has, or proposes to have, his or her principal place of residence in this State. (2) If a person who applies for registration, or reinstatement of registration, on a particular register or in a particular specialty— (a) does not, in the opinion of the Board, have the necessary qualifications or experience required for registration on that register or in that specialty; or (b) is not, in the opinion of the Board, medically fit to provide veterinary treatment as a veterinary surgeon; or (c) is not, in the opinion of the Board, a fit and proper person to be registered on that register or in that specialty; or (ca) does not, and does not propose to, have his or her principal place of residence in a participating jurisdiction but is visiting, or proposes to visit, this State, the Board may register the person on that register or in that specialty in pursuance of this subsection (limited registration)— (d) in order to enable the person— (i) to do whatever is necessary to become eligible for full registration under this Act; or (ii) to teach or to undertake research or study in this State; or (iii) to provide veterinary treatment or engage in other conduct as a veterinary surgeon while visiting this State; or (e) if, in its opinion, it would otherwise be in the public interest to do so. (3) In registering a person under subsection (2), the Board may impose one or more of the following conditions on the registration: (a) a condition restricting the places or times at which the person may provide veterinary treatment as a veterinary surgeon; (b) a condition limiting the kind of veterinary treatment that the person may provide as a veterinary surgeon; (c) a condition limiting the period during which the registration will have effect; (d) a condition requiring that the person be supervised in the provision of veterinary treatment as a veterinary surgeon by a particular person or by a person of a particular class; (e) such other conditions as the Board thinks fit. (4) If it appears likely to the Registrar that the Board will grant an application for registration, the Registrar may provisionally register the applicant (provisional registration). (5) Provisional registration remains in force until the Board determines the application. (6) The registration by the Board under this Act of a person who was provisionally registered has effect from the commencement of the provisional registration. 33—Application for registration (1) An application for registration must— (b) be accompanied by the registration fee fixed under this Act. (2) An applicant for registration must, if the Board so requires— (b) verify, by statutory declaration, information furnished for the purposes of the application. (3) The Board may require an applicant for registration— (a) to submit a medical report or other evidence acceptable to the Board as to the applicant's medical fitness to provide veterinary treatment as a veterinary surgeon; or (b) to obtain additional qualifications or experience specified by the Board before the Board determines the application. (4) The Board may refuse to determine an application for registration until any complaint made against the applicant under a corresponding law has been finally determined. 34—Removal from register or specialty (1) The Registrar must, on application by a veterinary surgeon with registration under this Division, remove the person from the appropriate register or specialty to which the application relates. (2) The Registrar must remove from the appropriate register or specialty a person— (a) who dies; or (b) who ceases to hold a qualification required for registration on that register or in that specialty; or (c) who ceases for any other reason to be entitled to be registered on that register or in that specialty; or (d) whose registration on that register or in that specialty has been suspended or cancelled under this Act (including under section 38E). (3) If a person who is on the specialist register is removed from the general register, the person must also be removed from the specialist register. (4) The Registrar may act under subsection (2) or (3) without giving prior notice to the relevant person. (5) Without limiting subsection (2), the Registrar must suspend the registration of a person if the Tribunal has determined that the registration should be suspended pending the outcome of any disciplinary proceedings under Part 5. (6) If the Board is of the opinion that a person with registration under this Division should instead have registration under a corresponding law because the person's principal place of residence is in another participating jurisdiction, the Board may direct the Registrar to remove the person from the appropriate register. (7) However, before the Board gives a direction under subsection (6), the person must be given at least 28 days notice in writing of the proposed removal and the Board must consider any submissions made in response to the notice. 35—Reinstatement on register or in specialty (1) A person who has been removed from a register or specialty under this Act— (a) on his or her application; or (b) on account of failure to pay the annual practice fee or to furnish the return required under section 36; or (c) on account of the person ceasing to hold a qualification required for registration on that register or in that specialty or otherwise ceasing to be entitled to be registered on that register or in that specialty; or (d) on account of failure to pay a fine imposed on the person by the Tribunal under this Act, may apply to the Board at any time for reinstatement on that register or in that specialty. (2) A person whose registration or registration in a specialty under this Division has been suspended may apply to the Board for reinstatement on the register or in the specialty (but not, in the case of an order for suspension for a specified period made in disciplinary proceedings under Part 5, until after the expiry of that period). (3) A person who has been disqualified from registration or registration in a specialty under this Division may, subject to the terms of the order for disqualification, apply to the Board for reinstatement on the register or in the specialty. (4) An application for reinstatement must— (b) be accompanied by the reinstatement fee fixed under this Act. (5) An applicant for reinstatement must, if the Board so requires— (b) verify, by statutory declaration, information furnished for the purposes of the application. (6) The Board may require an applicant for reinstatement— (a) to submit a medical report or other evidence acceptable to the Board as to the applicant's medical fitness to provide veterinary treatment as a veterinary surgeon; or (b) to obtain additional qualifications or experience specified by the Board before the Board determines the application. (7) Subject to this section, the Board must reinstate on the appropriate register or in a specialty an applicant under this section if satisfied that the applicant is eligible for registration on that register or in that specialty. (8) The Board may refuse to reinstate the applicant on the appropriate register or in a specialty until all complaints (if any) laid against the applicant under this Act have been finally disposed of. 36—Fees and returns (1) Subject to this Act, a person will not be granted registration under this Division, nor will registration under this Division be reinstated, until the registration or reinstatement fee, and the annual practice fee, fixed under this Act have been paid. (2) A person with registration under this Division must, in each calendar year before the date fixed for that purpose by the Board— (a) pay to the Board the annual practice fee fixed under this Act; and (b) furnish the Board with a return, in a form approved by the Board, containing all information specified in the return relating to the provision of veterinary treatment, or the undertaking of any course of continuing veterinary practice education, by the person (in or outside this State) during the preceding year or to any other matter relevant to the person's registration under this Act or a corresponding law. (3) The Board may, without further notice, remove a person who fails to pay the annual practice fee or furnish the required return by the due date from the appropriate registers on which the person is registered. 37—Variation or revocation of conditions of registration (1) The Board may, at any time, on application by a person with registration under this Division, vary or revoke a condition imposed by the Board on the person's registration under this Act. (2) The Registrar and the Minister are entitled to appear and be heard on an application under this section. 38—Contravention of conditions of registration A person who contravenes, or fails to comply with, a condition imposed by the Board under this Act on the person's registration under this Division is guilty of an offence. Division 3—Deemed registration 38A—Recognition of veterinary surgeons registered in other jurisdictions (1) Subject to this Act, a natural person will, in relation to providing veterinary treatment or engaging in other conduct as a veterinary surgeon in this State, be taken to be registered under this Act (referred to in this Act as deemed registration) if— (a) the person's principal place of residence is another jurisdiction; and (b) the other jurisdiction is a participating jurisdiction; and (c) the person is registered under the corresponding law of that other jurisdiction (being registration that corresponds to primary registration under this Act); and (d) the person does not hold primary registration under this Act. (2) For the purposes of subsection (1), a person's principal place of residence includes any jurisdiction which was, in the last 3 months, the person's principal place of residence. (3) A natural person with registration under a corresponding law of a kind recognised by the regulations as corresponding to registration on the specialist register under this Act will be taken to be registered on the specialist register under this Act in each specialty that is a corresponding specialty and in which the person has registration under the corresponding law (insofar as registration under the corresponding law corresponds to primary registration under this Act). 38B—Variation or revocation of conditions of registration (1) The Board may, at any time, on application by a person with deemed registration, vary or revoke a condition imposed by the Board on the person's registration. (2) The Registrar and the Minister are entitled to appear and be heard on an application under this section. 38C—Contravention of conditions of deemed registration A person who contravenes, or fails to comply with, a condition of the person's deemed registration under this Act is guilty of an offence. Maximum penalty: $20 000 or imprisonment for 6 months. Division 4—Relationship between registration in participating jurisdictions 38D—Conditions of registration (1) If, under a corresponding law, a person's registration is or is made subject to a restriction, limitation or condition, the person's registration under this Act is subject to a condition to the same effect. (2) The Board may— (a) on application by the person, waive or modify any such restriction, limitation or condition if it thinks it appropriate in the circumstances; or (b) on its own initiative by written notice to the person, modify any such restriction, limitation or condition if it thinks it necessary to do so for the application of the restriction, limitation or condition in this State. (3) The Board may, on its own initiative by written notice to a person with deemed registration under this Act, impose conditions on the registration if it thinks it appropriate in the circumstances. (4) The Board may stipulate that a waiver or modification is only to apply on the fulfilment of specified conditions. (5) The Registrar and the Minister are entitled to appear and be heard in proceedings under this section. 38E—Suspension or cancellation of registration or disqualification (1) If, under a corresponding law, a person's general or specialist registration or registration in a particular specialty is suspended or cancelled, the registration of the person under this Act is suspended or cancelled on the same terms as apply under the corresponding law. (2) If, under a corresponding law of another participating jurisdiction, a person is disqualified from general registration, specialist registration or registration in a corresponding specialty, the person is disqualified from registration under this Act on the same terms as apply to the disqualification under the corresponding law. (3) The Board may, on application by a person whose registration has been suspended or cancelled under a corresponding law or who has, under a corresponding law, been disqualified from registration, waive the suspension, cancellation or disqualification if it thinks it appropriate in the circumstances. (4) The Board may stipulate that a waiver is only to apply on the fulfilment of specified conditions. (5) The Registrar and the Minister are entitled to appear and be heard in proceedings under this section. (6) The effect of a waiver is as follows: (a) if suspension of registration under a corresponding law is waived by the Board— (i) in the case of a person with primary registration under this Act—the person is taken to be reinstated on the relevant register or in the relevant specialty; (ii) in the case of a person with deemed registration under this Act—Division 3 applies to the registration as if the person's registration under the corresponding law had not been suspended; (b) if cancellation of registration under a corresponding law is waived by the Board— (i) in the case of a person with primary registration under this Act—the person is taken to be reinstated on the relevant register or in the relevant specialty; (ii) in the case of a person with deemed registration under this Act—Division 3 applies to the registration as if the person's registration under the corresponding law had not been cancelled; (c) if disqualification from registration under a corresponding law is waived by the Board— (i) in the case of a person who had primary registration under this Act—the person is taken not to be disqualified; (ii) in the case of a person who had deemed registration under this Act—Division 3 applies to the registration as if the person's registration under the corresponding law had been reinstated and the person were not disqualified. (7) If, as a consequence of a waiver under this section, a person has deemed registration under this Act but does not have registration under a corresponding law, the person must pay to the Board an annual practice fee and furnish the Board with a return as if the person had primary registration under this Act and, if the person fails to do so by the due date, the Board may, by written notice to the person, suspend the person's deemed registration under this Act until the fee is paid or the return furnished (as the case requires).

Division 5—Authority conferred by primary or deemed registration 38F—Authority conferred by primary or deemed registration Subject to any restrictions, limitations or conditions imposed under this Act— (a) general registration under this Act authorises the person to provide veterinary treatment; and (b) specialist registration under this Act authorises the person to provide veterinary treatment in the specialty in which he or she is registered or taken to be registered.

Part 4—Veterinary practice Division 1—General offences 39—Prohibition on provision of veterinary treatment for fee or reward by unqualified persons (1) A person must not provide veterinary treatment for fee or reward unless, at the time the treatment was provided— (a) the person was a qualified person; or (b) the person provided the treatment through the instrumentality of a qualified person. (2) Subsection (1) does not apply in relation to— (a) veterinary treatment provided by an employee of the owner of the animal in the course of that employment; or (b) veterinary treatment provided by an unqualified person in prescribed circumstances; or (c) veterinary treatment provided pursuant to an exemption under subsection (3). (3) The Governor may, by proclamation, exempt a person from subsection (1) if of the opinion that good reason exists for doing so in the particular circumstances of the case. (4) An exemption under subsection (3) may be subject to such conditions as the Governor thinks fit. (5) A person who contravenes, or fails to comply with, a condition of an exemption under this section is guilty of an offence. (6) The Governor may, by proclamation, vary or revoke a proclamation under this section. (7) In this section— qualified person, in relation to veterinary treatment, means a person authorised by or under this Act or any other Act to provide that treatment. 40—Illegal holding out as veterinary surgeon or specialist (1) A person must not hold himself or herself out as a veterinary surgeon, specialist or particular class of specialist, or permit another person to do so, unless the person has, respectively, general registration, specialist registration, or registration in the relevant specialty, under this Act. (2) A person must not hold out another as a veterinary surgeon, specialist or particular class of specialist unless the other person has, respectively, general registration, specialist registration, or registration in the relevant specialty, under this Act. 41—Illegal holding out concerning limitations or conditions (1) A person whose registration under this Act is limited or subject to a condition must not hold himself or herself out as having or being taken to have a registration that is not limited or not subject to a condition or permit another person to do so. (2) A person must not hold out another whose registration under this Act is limited or subject to a condition as having or being taken to have a registration that is not limited or not subject to a condition. 42—Use of certain titles or descriptions prohibited (1) A person who does not have general registration, specialist registration or registration in a particular specialty under this Act (as the case requires) must not use a prescribed word, or its derivatives, to describe himself or herself or a service that he or she provides. (2) A person must not, in the course of advertising or promoting a service that he or she provides, use a prescribed word, or its derivatives, to describe a person who is engaged in the provision of the service but who does not have general registration, specialist registration or registration in a particular specialty under this Act (as the case requires). (3) In this section— prescribed word means— (a) in relation to general or specialist registration under this Act— (i) veterinary surgeon; or (ii) veterinary practitioner; or (b) in relation to registration in a particular specialty under this Act— (i) the words comprising the name of the specialty; or (ii) the words comprising the name under a corresponding law of a corresponding specialty; or (c) any other word or expression prescribed by the regulations. 43—Board's approval required where veterinary surgeon has not practised for 3 years (1) A veterinary surgeon who has not provided veterinary treatment (whether in or outside the State) for a period of 3 years or more must not provide veterinary treatment for fee or reward without first obtaining the approval of the Board. (2) The Board— (a) may, before granting its approval under subsection (1), require the applicant to obtain qualifications or experience specified by the Board and for that purpose may require the applicant to undertake a specified course of instruction or training in veterinary treatment; and (b) may impose one or more of the following conditions on the applicant's registration under this Act: (i) a condition restricting the places and times at which the applicant may provide veterinary treatment; (ii) a condition limiting the kind of veterinary treatment that the applicant may provide; (iii) a condition requiring that the applicant be supervised in the provision of veterinary treatment by a particular person or by a person of a particular class; (iv) such other conditions as the Board thinks fit. 44—Veterinary surgeon to be indemnified against loss (1) A veterinary surgeon must not, unless exempted by the Board, provide veterinary treatment for fee or reward unless insured in a manner and to an extent approved by the Board against civil liabilities that might be incurred by him or her in the course of providing veterinary treatment. (2) The Board may, subject to such conditions as it thinks fit, exempt a person, or a class of persons, from the requirements of this section and may, whenever it thinks fit, revoke an exemption or revoke or vary the conditions under which an exemption operates. 45—Information relating to claim against veterinary surgeon to be provided If a person has claimed damages or other compensation from a veterinary surgeon or other person for alleged negligence committed by the veterinary surgeon in the course of providing veterinary treatment, the veterinary surgeon must— (a) within 30 days after the claim is made; and (b) within 30 days after any order is made by a court to pay damages or other compensation in respect of that claim or any agreement has been entered into for payment of a sum of money in settlement of that claim (whether with or without a denial of liability), provide the Board with prescribed information relating to the claim. Division 2—Provisions for avoidance of conflicts of interest 46—Interpretation (1) In this Division— benefit means money or any property that has a monetary value; domestic partner means a person who is a domestic partner within the meaning of the Family Relationships Act 1975, whether declared as such under that Act or not; prescribed business means a business consisting of or involving— (a) the provision of a veterinary service; or (b) the manufacture, sale or supply of a veterinary product; prescribed relative, in relation to a veterinary surgeon, means a parent, spouse, domestic partner, child, grandchild, brother or sister of the veterinary surgeon; spouse—a person is the spouse of another if they are legally married; veterinary product means— (a) a veterinary pharmaceutical product; or (b) any other product declared by the regulations to be a veterinary product for the purposes of this Division; veterinary service means— (a) veterinary treatment, veterinary pathology or veterinary pharmaceutical services; or (b) veterinary hospital services; or (c) any other service declared by the regulations to be a veterinary service for the purposes of this Division. (2) Subject to subsection (3), a person has an interest in a prescribed business for the purposes of this Division if the person is likely to derive a financial benefit, whether directly or indirectly, from the profitable conduct of the business. (3) For the purposes of subsection (2)— (a) a financial benefit is not derived by a veterinary surgeon if the benefit consists solely of reasonable fees payable to the veterinary surgeon for treatment provided to animals by the veterinary surgeon; and (b) a person does not have an interest in a prescribed business that is carried on by a public company if the interest consists only of a shareholding in the company of less than 5 per cent of the issued share capital of the company. 47—Veterinary surgeon or prescribed relative to inform Board of interests in prescribed businesses (1) A veterinary surgeon or prescribed relative of a veterinary surgeon who has an interest in a prescribed business must— (a) in the case of an interest that came into existence before the commencement of this section—within 1 month after the commencement of this section; or (b) in any other case—within 1 month after the interest comes into existence, give to the Board prescribed information relating to the interest and the manner in which it arose. (2) A veterinary surgeon or prescribed relative of a veterinary surgeon who has an interest in a prescribed business must, within 1 month after a change in the nature or extent of the interest, give to the Board prescribed information relating to the change. (3) The Board must keep a record of information provided to the Board under this section available for inspection, on payment of the prescribed fee, by any person during ordinary office hours at the office of the Board and may make the record available to the public by electronic means. 48—Veterinary surgeon to inform client of interests in prescribed businesses (1) If a veterinary surgeon or prescribed relative of a veterinary surgeon has an interest in a prescribed business, the veterinary surgeon must not— (a) recommend that a veterinary service provided by that business be used in relation to an animal being treated by the veterinary surgeon; or (b) prescribe, or recommend that a veterinary product manufactured, sold or supplied by that business be used in relation to an animal being treated by the veterinary surgeon, unless the veterinary surgeon has informed the person apparently responsible for the animal, in writing, of the interest of the veterinary surgeon or prescribed relative of the veterinary surgeon in that business. (2) It is a defence to proceedings for an offence against subsection (1) and to a charge of unprofessional conduct for failure to comply with that subsection for the defendant to prove that he or she did not know and could not reasonably have been expected to know that a prescribed relative had an interest in the prescribed business to which the recommendation or prescription that is the subject of the proceedings relates. 49—Offence to give, offer or accept benefit for recommendation or prescription (1) A person must not give, or offer to give, a veterinary surgeon or a prescribed relative of a veterinary surgeon a benefit as an inducement, consideration or reward for the veterinary surgeon— (a) recommending that a veterinary service provided by the person be used in relation to an animal being treated by the veterinary surgeon; or (b) prescribing, or recommending that a veterinary product manufactured, sold or supplied by the person be used in relation to an animal being treated by the veterinary surgeon. (2) A veterinary surgeon or a prescribed relative of a veterinary surgeon must not accept from any person a benefit offered or given as an inducement, consideration or reward for the veterinary surgeon— (a) recommending that a veterinary service provided by the person be used in relation to an animal being treated by the veterinary surgeon; or (b) prescribing, or recommending that a veterinary product manufactured, sold or supplied by the person be used in relation to an animal being treated by the veterinary surgeon. Division 3—Veterinary services providers 50—Information to be given to Board by veterinary services provider (1) A veterinary services provider must— (a) in the case of a person who was a veterinary services provider immediately before the commencement of this section—within 60 days of that commencement; and (b) in any other case—within 60 days of becoming a veterinary services provider, give to the Board, in writing— (c) the provider's full name and business or (in the case of a corporation) registered address; (d) the address of the premises at which the provider provides veterinary treatment; (e) the full names and business addresses of the veterinary surgeons through the instrumentality of whom the provider is providing veterinary treatment; (f) if the provider is a trust or corporate entity that has not been exempted by the regulations from the requirements of this paragraph—the full names and addresses of all persons who occupy a position of authority in the trust or corporate entity. (2) A veterinary services provider must, within 30 days of any change occurring in the particulars required to be given under subsection (1), inform the Board in writing of the change. (3) The Board must keep a record of information provided to the Board under this section available for inspection, on payment of the prescribed fee, by any person during ordinary office hours at the office of the Board and may make the record available to the public by electronic means. 51—Improper directions etc to veterinary surgeon by veterinary services provider (1) If a person who provides veterinary treatment through the instrumentality of a veterinary surgeon directs or pressures the veterinary surgeon to act unlawfully, improperly, negligently or unfairly in relation to the provision of veterinary treatment, the person is guilty of an offence. (2) If a person who occupies a position of authority in a trust or corporate entity that provides veterinary treatment through the instrumentality of a veterinary surgeon directs or pressures the veterinary surgeon to act unlawfully, improperly, negligently or unfairly in relation to the provision of veterinary treatment, the person and the entity are each guilty of an offence. Division 4—Veterinary hospitals 52—Illegal holding out of facility as veterinary hospital A person must not hold out a facility as a veterinary hospital or animal hospital or permit another person to do so unless the facility is accredited as a veterinary hospital by the Board. 53—Accreditation by Board of facility as veterinary hospital (1) Subject to this Act, a facility is eligible for accreditation by the Board as a veterinary hospital if the person applying for accreditation satisfies the Board that the requirements determined by the Board to be necessary for accreditation are met in relation to the facility. (2) Subject to this Act, accreditation by the Board of a facility as a veterinary hospital remains in force for a period of 3 years and may be renewed for successive 3 year periods. (3) An application for accreditation or renewal of accreditation must— (b) be accompanied by the fee fixed under this Act. (4) An applicant for accreditation or renewal of accreditation must, if the Board so requires— (b) verify, by statutory declaration, information furnished for the purposes of the application; and (c) facilitate inspection of the facility by a person authorised by the Board. (5) If the Board is satisfied that the requirements determined by the Board to be necessary for accreditation of a facility as a veterinary hospital are not met in relation to a facility so accredited, the Board may, by order— (a) suspend the accreditation of the facility until stipulated conditions are complied with or until further order of the Board; or (b) cancel the accreditation of the facility. (6) The Board must keep a record of facilities accredited by the Board as veterinary hospitals available for inspection, on payment of the prescribed fee, by any person during ordinary office hours at the office of the Board and may make the record available to the public by electronic means. 54—Requirement to inform Board on becoming owner or occupier of facility accredited as veterinary hospital A person must, within 3 months after becoming the owner or occupier of a facility that is accredited by the Board as a veterinary hospital, inform the Board in writing of that fact and the person's full name and business or (in the case of a corporation) registered address. Maximum penalty: $250.

Part 5—Investigations and proceedings

Division 1—Preliminary 55—Interpretation In this Part— (a) a reference to occupier of a position of authority includes a reference to a person who is not but who was, at the relevant time, the occupier of a position of authority; (b) a reference to veterinary services provider includes a reference to a person who is not but who was, at the relevant time, a veterinary services provider; (c) a reference to veterinary surgeon includes a reference to a person who is not but who was, at the relevant time, a veterinary surgeon under this Act or a veterinary surgeon or veterinary practitioner under the repealed Act.

Division 2—Investigations 56—Powers of inspectors (1) If there are reasonable grounds for suspecting— (a) that there is proper cause for disciplinary action against a person (see Division 4); or (b) that a veterinary surgeon is medically unfit to provide veterinary treatment; or (c) that any other person is guilty of an offence against this Act, an inspector may investigate the matter. (2) An inspector may investigate whether the requirements determined by the Board to be necessary for accreditation of a facility as a veterinary hospital are met in relation to a facility so accredited by the Board. (3) For the purposes of an investigation, an inspector may— (a) at any reasonable time, enter and inspect premises of a veterinary surgeon, premises of a facility accredited as a veterinary hospital by the Board or premises on which the inspector reasonably suspects an offence against this Act has been or is being committed; or (b) with the authority of a warrant issued by a magistrate or in circumstances in which the inspector reasonably believes that immediate action is required, use reasonable force to break into or open any part of, or anything in or on any premises referred to in paragraph (a); or (c) while on premises entered under paragraph (a) or (b), seize and retain anything found on the premises that the inspector reasonably believes may afford evidence relevant to the matters under investigation; or (d) require any person who has possession of records or documents relevant to the matters under investigation to produce those records or documents for inspection, including written records that reproduce in a readily understandable form information kept by computer, microfilm or other process; or (e) inspect any records or documents produced to the inspector and retain them for such reasonable period as the inspector thinks fit, and make copies of the records or documents; or (f) require any person who is in a position to provide information relevant to the matters under investigation to answer any question put by the inspector in relation to those matters; or (g) take photographs, films or video or audio recordings; or (h) if the inspector reasonably suspects that an offence against this Act has been or is being committed, require the suspected offender to state his or her full name and address. (4) An inspector must not exercise the power conferred by subsection (3)(a) in relation to any residential premises except with the permission of the occupier of the premises or on the authority of a warrant issued by a magistrate. (5) A magistrate must not issue a warrant under this section unless satisfied, by information given on oath, that the warrant is reasonably required in the circumstances. (6) The person in charge of premises at the relevant time must give an inspector such assistance and provide such facilities as are necessary to enable the powers conferred by this section to be exercised. Maximum penalty: $5 000. 57—Offence to hinder etc inspector A person who— (a) hinders or obstructs an inspector in the exercise of powers conferred by this Act; or (b) uses abusive, threatening or insulting language to an inspector; or (c) refuses or fails to comply with a requirement of an inspector under this Act; or (d) when required under this Act by an inspector to answer a question, refuses or fails to answer the question to the best of the person's knowledge, information and belief; or (e) falsely represents, by words or conduct, that he or she is an inspector, 58—Offences by inspectors An inspector who, in the course of exercising powers under this Act— (a) addresses offensive language to another person; or (b) without lawful authority, hinders or obstructs or uses or threatens to use force in relation to another person,

Division 3—Medical fitness 59—Obligation to report medical unfitness of veterinary surgeon (1) If— (a) a health professional who has treated, or is treating, a patient who is a veterinary surgeon; or (b) a person who provides veterinary treatment through the instrumentality of a veterinary surgeon, is of the opinion that the veterinary surgeon is or may be medically unfit to provide veterinary treatment, the person must submit a written report to the Board setting out his or her reasons for that opinion and any other information required by the regulations. (2) The Board must cause a report made under this section to be investigated. 60—Medical fitness of veterinary surgeon If— (a) on the application of— (i) the Registrar; or (ii) the Minister; or (b) after an investigation under section 59 has been conducted, the Board is satisfied, after due inquiry, that a veterinary surgeon is medically unfit to provide veterinary treatment and that it is desirable in the public interest that an order be made under this section, the Board may, by order— (c) suspend the person's registration under this Act until further order of the Board or for a specified period determined by the Board; or (d) impose conditions on the person's registration under this Act restricting the person's right to provide veterinary treatment; or (e) impose conditions on the person's registration under this Act requiring the person to undergo counselling or treatment or to enter into any other undertaking.

Division 4—Disciplinary action 61—Cause for disciplinary action (1) There is proper cause for disciplinary action against a veterinary surgeon if— (a) the person's primary registration under this Act was improperly obtained; or (ab) a waiver or modification under this Act relating to the person or person's registration was improperly obtained; or (b) the person is for any reason no longer a fit and proper person to have primary or deemed registration or registration in a particular specialty under this Act; or (c) the person is guilty of unprofessional conduct. (2) There is proper cause for disciplinary action against a veterinary services provider if— (a) the provider has contravened or failed to comply with a provision of this Act; or (b) in the case of a veterinary services provider that is a trust or corporate entity—the occupier of a position of authority in the trust or corporate entity has contravened or failed to comply with a provision of this Act. (3) There is proper cause for disciplinary action against the occupier of a position of authority in a trust or corporate entity that is a veterinary services provider if— (a) the person has contravened or failed to comply with a provision of this Act; or (b) the trust or corporate entity has contravened or failed to comply with a provision of this Act (unless it is proved that the person could not, by the exercise of reasonable care, have prevented the commission of the offence by the entity). 62—Hearing by Tribunal as to matters constituting grounds for disciplinary action (1) A complaint setting out matters that are alleged to constitute grounds for disciplinary action against a person may be laid before the Tribunal by— (a) the Registrar; or (b) the Minister; or (c) a person who is aggrieved by conduct of the person or, if the person aggrieved is a child or is suffering from a mental or physical incapacity, by a person acting on his or her behalf. (4) On the hearing of a complaint, the Tribunal may, if it is satisfied that there is proper cause for taking disciplinary action against the person to whom the complaint relates, by order do 1 or more of the following: (a) reprimand the person; (b) impose a fine not exceeding $10 000 on the person; (c) if the person is a veterinary surgeon—impose conditions on the person's registration under this Act restricting the person's right to provide veterinary treatment or revoke or vary a waiver or modification that applies in respect of the person's registration under this Act; (d) if the person has general registration under this Act but not specialist registration— (i) suspend the person's general registration under this Act for a period not exceeding 1 year; (ii) cancel the person's general registration under this Act; (e) if the person has specialist registration under this Act— (i) suspend the person's specialist registration or registration in a particular specialty, or the person's general and specialist registration, under this Act for a period not exceeding 1 year; (ii) cancel the person's specialist registration or registration in a particular specialty, or the person's general and specialist registration, under this Act; (f) disqualify the person from general registration, specialist registration or registration in a particular specialty, or both general and specialist registration, under this Act; (g) prohibit the person from carrying on business as a veterinary services provider; (h) prohibit the person from occupying a position of authority in a trust or corporate entity that is a veterinary services provider. (5) The Tribunal may— (a) stipulate that a disqualification or prohibition under subsection (4) is to apply— (i) permanently; or (ii) for a specified period; or (iii) until the fulfilment of specified conditions; or (iv) until further order; (b) stipulate that an order relating to a person is to have effect at a specified future time and impose conditions as to the conduct of the person or the person's business until that time. (5a) The Tribunal may, on application by a party to the proceedings, vary or revoke a condition imposed by the Tribunal under this section in relation to the person's registration under this Act. (5b) An application under subsection (5a) may not be made— (i) within 1 month of the imposition of the condition to which the application relates by the Tribunal; or (ii) within 12 months of any previous application under subsection (5a) by the party to vary or revoke a condition, unless leave is granted by the Tribunal. (5c) The Board and the Minister are entitled to appear and be heard on an application under subsection (5a). (5d) A fine imposed by the Tribunal under subsection (4) is payable to the Board (and is recoverable by the Board as a debt). (6) If— (a) a person has been found guilty of an offence; and (b) the circumstances of the offence form, in whole or in part, the subject matter of the complaint, the person is not liable to a fine under this section in respect of conduct giving rise to the offence. (9) If a person fails to pay a fine imposed under this section, the Board may— (a) in the case of a person with primary registration under this Act—without further notice, remove the person from the registers on which the person is registered; or (b) in the case of a person with deemed registration under this Act—by written notice to the person, disqualify the person from registration under this Act until the fine is paid. (10) The Board must keep a record of prohibition orders made by the Tribunal under subsection (4) available for inspection, on payment of the prescribed fee, by any person during ordinary office hours at the office of the Registrar and may make the record available to the public by electronic means. (11) The Tribunal may order that the registration of a person be suspended pending the outcome of disciplinary proceedings against the person under this Part. (12) However— (a) the Tribunal may only act under subsection (11) if it thinks 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; and (b) if the Tribunal acts under subsection (11), it must immediately notify the person of the suspension and the reasons for the suspension. 63—Constitution of Tribunal (1) For the purposes of section 22 of the South Australian Civil and Administrative Tribunal Act 2013, there will be— (a) a panel of assessors consisting of veterinary surgeons with experience or knowledge relating to animals used for primary production or horses; and (b) a panel of assessors consisting of veterinary surgeons with experience or knowledge relating to other animals; and (c) a panel of assessors consisting of persons (not being veterinary surgeons) with experience or knowledge relating to animal health, safety and welfare. (2) In exercising its powers for the purposes of this Act, the Tribunal will, subject to subsection (3), and unless the President determines that the Tribunal is to be constituted by fewer than 3 members, be constituted by 3 members of whom— (a) 1 will be selected from the panel of assessors referred to in subsection (1)(a) or (b); and (b) 1 will be selected from the panel of assessors referred to in subsection (1)(c). (3) The Tribunal constituted of the presiding member sitting alone may, for the purposes of proceedings under this Act— (a) deal with— (i) preliminary, interlocutory or procedural matters; or (ii) questions of costs; or (iii) questions of law; or (b) enter consent orders; or (c) perform any other function or exercise any other power of a prescribed kind, and may, for that purpose or as a consequence, make any determination or order (including a final order) that the presiding member considers appropriate. (4) In this section— President means the President of the Tribunal appointed under the South Australian Civil and Administrative Tribunal Act 2013.

Part 6—Reviews 66—Review by Tribunal (1) A person may apply to the Tribunal under section 34 of the South Australian Civil and Administrative Tribunal Act 2013 for review of the following decisions or directions of the Board: (a) a refusal by the Board to register, or reinstate the registration of, a person under this Act; (b) the imposition by the Board of conditions on a person's registration under this Act; (ba) a refusal by the Board to vary or revoke a condition imposed by the Board on a person's registration under this Act; (bb) a refusal by the Board to grant a waiver or modification under this Act in relation to a person or person's registration; (bc) a direction by the Board to remove a person from a register under section 34(6); (c) a decision made by the Board in proceedings regarding medical fitness under Part 5 Division 3; (d) a refusal by the Board to accredit a facility as a veterinary hospital or a decision of the Board to suspend or cancel the accreditation of such a facility. (3) Subject to subsection (5), an application for review must be made within 1 month of the date of the making of the relevant decision or direction. (4) The Board must, on application by a person seeking review of a decision of the Board, state in writing the reasons for the decision. (5) If the reasons of the Board are not given in writing at the time of making a decision and the person affected by the decision, within one month of the making of the decision, requires the Board to state the reasons in writing, the time for making an application for review runs from the time when the person receives the written statement of those reasons. 67—Variation or revocation of conditions imposed by Tribunal (1) The Tribunal may, at any time, on application by a veterinary surgeon, vary or revoke a condition imposed by the Tribunal in relation to the person's registration under this Act. (2) The Board and the Minister are entitled to appear and be heard on an application under this section.

Part 7—Miscellaneous 68—False or misleading statement A person must not make a statement that is false or misleading in a material particular (whether by reason of the inclusion or omission of any particular) in any information provided under this Act. 69—Procurement of registration by fraud A person who, by fraud or any other dishonest means, procures registration or reinstatement of registration under this Act (whether for himself or herself or for another person) is guilty of an offence. 70—Victimisation (1) A person commits an act of victimisation against another person (the victim ) if he or she causes detriment to the victim on the ground, or substantially on the ground, that the victim— (a) has disclosed or intends to disclose information; or (b) has made or intends to make an allegation, that has given rise, or could give rise, to proceedings against the person under this Act. (2) An act of victimisation under this Act may be dealt with— (a) as a tort; or (b) as if it were an act of victimisation under the Equal Opportunity Act 1984, but, if the victim commences proceedings in a court seeking a remedy in tort, he or she cannot subsequently lodge a complaint under the Equal Opportunity Act 1984 and, conversely, if the victim lodges a complaint under that Act, he or she cannot subsequently commence proceedings in a court seeking a remedy in tort. (3) Where a complaint alleging an act of victimisation under this Act has been lodged with the Commissioner for Equal Opportunity and the Commissioner is of the opinion that the subject matter of the complaint has already been adequately dealt with by a competent authority, the Commissioner may decline to act on the complaint or to proceed further with action on the complaint. (4) In this section— detriment includes— (a) injury, damage or loss; or (b) intimidation or harassment; or (c) discrimination, disadvantage or adverse treatment in relation to the victim's employment or business; or (d) threats of reprisal. 71—Self-incrimination and legal professional privilege (1) It is not an excuse for a person to refuse or fail to answer a question or to produce a document as required under this Act on the ground that to do so might tend to incriminate the person, or make the person liable to a penalty, or on the ground of legal professional privilege. (2) If a person objects to answering a question or to producing a document on the ground that the answer or document might tend to incriminate the person or make the person liable to a penalty, then— (a) in the case of a person who is required to produce a document—the fact of production of the document (as distinct from the contents of the document); or (b) in any other case—the information furnished in compliance with the requirement, is not admissible in evidence against the person in proceedings (other than proceedings in respect of the making of a false or misleading statement or perjury) in which the person might be found guilty of an offence or liable to a penalty. (3) If a person objects to answering a question or to producing a document on the ground of legal professional privilege, the answer or document will not be admissible in civil or criminal proceedings against the person who would, but for this section, have the benefit of the legal professional privilege. 72—Punishment of conduct that constitutes offence If conduct constitutes an offence and is also a ground for disciplinary action under this Act, the taking of disciplinary action under this Act is not a bar to conviction and punishment for the offence, nor is conviction and punishment for the offence a bar to disciplinary action under this Act. 74—Confidentiality (1) A person engaged or formerly engaged in the administration of this Act or the repealed Act must not divulge or communicate personal information obtained (whether by that person or otherwise) in the course of official duties except— (a) as required or authorised by or under this Act or any other Act or law; or (b) with the consent of the person to whom the information relates; or (c) in connection with the administration of this Act or the repealed Act; or (d) to an authority with responsibility for administering a corresponding law in connection with the administration of that law; or (e) to an authority or other body in connection with the establishment or administration of a national database envisaged by section 75. (2) Subsection (1) does not prevent disclosure of statistical or other data that could not reasonably be expected to lead to the identification of any person to whom it relates. (3) Information that has been disclosed under subsection (1) for a particular purpose must not be used for any other purpose by— (a) the person to whom the information was disclosed; or (b) any other person who gains access to the information (whether properly or improperly and whether directly or indirectly) as a result of that disclosure. 75—Arrangements between the Board and interstate registration authorities (1) The Board may enter into an arrangement with interstate registration authorities for the purposes of establishing a national database of veterinary surgeons, practitioners or service providers (however described) and for other purposes related to the recognition of people engaged in veterinary practice or treatment in other jurisdictions. (2) Such an arrangement may, without limitation, involve the establishment of a national database by the Australasian Veterinary Boards Council Inc. 75A—Notification of disciplinary action to interstate registration authorities (1) The Board must notify each interstate registration authority of— (a) any disciplinary action taken against a veterinary surgeon under this Act; or (b) any other action of a kind prescribed by the regulations for the purposes of this subsection. (2) The Board is authorised to act under this section despite any law relating to confidentiality. (3) This section does not affect any obligation or power to provide information under the Mutual Recognition Act 1992 of the Commonwealth or the Trans-Tasman Mutual Recognition Act 1997 of the Commonwealth. 76—Evidentiary provision (1) In proceedings for an offence against this Act or in disciplinary proceedings under Part 5, an allegation in the complaint— (a) that a person named in the complaint is or is not, or was or was not on a specified date, a qualified person; (b) that a person named in the complaint has or does not have, or had or did not have on a specified date, general or specialist registration, or registration in a specified specialty, under this Act; (ba) that the registration under this Act of a person at a specified date was primary registration or deemed registration; (c) that the registration under this Act of a person named in the complaint is, or was on a specified date, subject to specified conditions; (d) that a person named in the complaint is, or was on a specified date, a veterinary services provider; (e) that a person named in the complaint is, or was on a specified date, occupying a position of authority in a trust or corporate entity; (f) that a facility specified in the complaint is or is not, or was or was not on a specified date, accredited by the Board as a veterinary hospital; (g) that a person named in the complaint is, or was on a specified date, an inspector, must be accepted as proved in the absence of proof to the contrary. (2) In legal proceedings (including proceedings before the Tribunal), a document apparently certified by the Registrar to be a copy of a register under this Act, or a copy of a code of conduct or professional standards prepared or endorsed by the Board under this Act, must be accepted as such in the absence of proof to the contrary. 77—Service (1) A notice or document required or authorised to be given or sent to, or served on, a person for the purposes of this Act may— (a) be given to the person personally; or (b) be posted in an envelope addressed to the person at the person's last known residential, business or (in the case of a corporation) registered address; or (c) be left for the person at the person's last known residential, business or (in the case of a corporation) registered address with someone apparently over the age of 16 years; or (d) be transmitted by facsimile transmission or electronic mail to a facsimile number or electronic mail address provided by the person (in which case the notice or document will be taken to have been given or served at the time of transmission). (2) Without limiting the effect of subsection (1), a notice or other document required or authorised to be given or sent to, or served on, a person for the purposes of this Act may, if the person is a company or registered body within the meaning of the Corporations Act 2001 of the Commonwealth, be served on the person in accordance with that Act. 78—Variation or revocation of notices The Board may, by subsequent notice in the Gazette, vary or revoke a notice in the Gazette published by the Board under this Act. 79—Regulations (1) The Governor may make such regulations as are contemplated by, or necessary or expedient for the purposes of, this Act. (2) Without limiting the generality of subsection (1), the regulations may— (a) prescribe, or empower the Board to fix— (i) fees or charges for the purposes of this Act; (ii) fees or charges for services provided by the Board in the exercise of its functions under this Act, and may provide for the waiver, reduction or recovery of such fee or charge; (ab) require the keeping of records or other information by veterinary surgeons or any other person or body prescribed by the regulations; (ac) require the furnishing of receipts, returns or other information to the Board or any other person or body prescribed by the regulations; (b) prescribe penalties, not exceeding $5 000, for breach of, or non-compliance, with a regulation. (3) The regulations may— (a) refer to or incorporate, wholly or partially and with or without modification, a code, standard or other document prepared or published by a prescribed body, either as in force at the time the regulations are made or as in force from time to time; and (b) be of general or limited application; and (c) make different provision according to the persons, things or circumstances to which they are expressed to apply; and (d) provide that a specified provision of this Act does not apply, or applies with prescribed variations, to any person, circumstance or situation (or person, circumstance or situation of a prescribed class) specified by the regulations, subject to any condition to which the regulations are expressed to be subject; and (e) provide that any matter or thing is to be determined, dispensed with, regulated or prohibited according to the discretion of the Minister, the Board, the Registrar or another prescribed person or authority. (4) If a code, standard or other document is referred to or incorporated in the regulations— (a) a copy of the code, standard or other document must be kept available for public inspection, without charge and during ordinary office hours, at an office or offices specified in the regulations; and (b) evidence of the contents of the code, standard or other document may be given in any legal proceedings by production of a document apparently certified by the Minister to be a true copy of the code, standard or other document. Schedule—Transitional provisions 2—Transitional provisions relating to Board A member of the Board in office on the commencement of this clause continues in office, subject to this Act, for the remainder of the term for which he or she was appointed. 3—Transitional provisions relating to registration (1) The register of veterinary surgeons maintained under the repealed Act continues in existence as the general register under this Act. (2) The register of specialists maintained under the repealed Act continues in existence as the specialist register under this Act. (3) On the commencement of this clause— (a) the name of any company that was registered as a veterinary surgeon under the repealed Act will be taken to be removed from the general register; and (b) the name of each person who, immediately before the commencement of this clause, was the holder of a permit that was in force under the repealed Act will be taken to be added to the general register (as if the person had been granted limited registration), and the Registrar will modify the registers accordingly. (4) A person whose name is on the general register or the specialist register immediately following the commencement of this clause will be taken to be registered under this Act on the relevant register and any restrictions, limitations or conditions that applied to the registration of the person, or the permit held by the person, under the repealed Act immediately before that commencement will be taken to continue to apply to the registration of the person under this Act as if they had been imposed by the Board under this Act. (5) If a person whose name was removed from a register under the repealed Act for any reason and whose name had not, before the commencement of this Act, been reinstated on that register, applies for registration under this Act, the Board may deal with the application as though it were an application for reinstatement on the appropriate register under this Act. 4—Regulations The regulations may make other provisions of a savings or transitional nature consequent on the enactment of this Act. Legislative history Notes • Please note—References in the legislation to other legislation or instruments or to titles of bodies or offices are not automatically updated as part of the program for the revision and publication of legislation and therefore may be obsolete. • Earlier versions of this Act (historical versions) are listed at the end of the legislative history. • For further information relating to the Act and subordinate legislation made under the Act see the Index of South Australian Statutes or www.legislation.sa.gov.au. Repeal of Act The Veterinary Practice Act 2003 will be repealed by Sch 1 cl 33 of the Veterinary Services Act 2023 on 1.7.2026. Legislation repealed by principal Act The Veterinary Practice Act 2003 repealed the following: Veterinary Surgeons Act 1985 Principal Act and amendments New entries appear in bold. Year No Title Assent Commencement Veterinary Practice Act 2003 23.10.2003 15.9.2005 (Gazette 15.9.2005 p3344) Statutes Amendment (Domestic Partners) Act 2006 14.12.2006 Pt 91 (s 217)—1.6.2007 (Gazette 26.4.2007 p1352) Statutes Amendment (Public Sector Consequential Amendments) Act 2009 10.12.2009 Pt 160 (ss 362 & 363)—1.2.2010 (Gazette 28.1.2010 p320) Statutes Amendment (Directors' Liability) Act 2011 22.9.2011 Pt 26 (s 35)—1.1.2012 (Gazette 15.12.2011 p4988) Veterinary Practice (Miscellaneous) Amendment Act 2013 5.12.2013 1.1.2015 (Gazette 25.9.2014 p5988) Statutes Amendment (SACAT) Act 2019 11.7.2019 Pt 31 (ss 187 to 203)—4.5.2020 (Gazette 27.2.2020 p442) Provisions amended New entries appear in bold. Entries that relate to provisions that have been deleted appear in italics. Provision How varied Commencement Long title amended under Legislation Revision and Publication Act 2002

amended by 76/2013 s 4 Pt 1

s 2 omitted under Legislation Revision and Publication Act 2002 s 3

s 3(1)

corresponding law corresponding specialty deemed registration interstate registration authority inserted by 76/2013 s 5(2) District Court deleted by 14/2019 s 187(1) jurisdiction inserted by 76/2013 s 5(2) participating jurisdiction inserted by 76/2013 s 5(3) primary registration inserted by 76/2013 s 5(3) registration inserted by 76/2013 s 5(4) Tribunal inserted by 14/2019 s 187(2) veterinary surgeon substituted by 76/2013 s 5(5) s 3(3) amended by 76/2013 s 5(6) s 3(8) inserted by 76/2013 s 5(7) Pt 2

s 6

s 6(1) amended by 76/2013 s 6(1), (2) s 6(5) inserted by 76/2013 s 6(3) s 7

s 7(4) amended by 14/2019 s 188 s 13

s 13(1) amended by 76/2013 s 7(1) s 13(1a) inserted by 76/2013 s 7(2) s 13(2) amended by 76/2013 s 7(3), (5)

(b) deleted by 76/2013 s 7(4) s 14 deleted by 76/2013 s 8 s 16

s 16(1) amended by 14/2019 s 189 s 17

s 17(1) amended by 76/2013 s 9 s 17(3) amended by 14/2019 s 190(1) s 17(5) amended by 14/2019 s 190(2) s 17(8) amended by 14/2019 s 190(3), (4) s 18 substituted by 84/2009 s 362 s 19

s 19(1) amended by 14/2019 s 191 Pt 3

Pt 3 Div 1

s 26 substituted by 76/2013 s 10 s 27 deleted by 76/2013 s 10 s 28

s 28(2) amended by 76/2013 s 11(1), (2) s 29 amended by 76/2013 s 12 s 29A inserted by 76/2013 s 13 s 30

s 30(5) amended by 14/2019 s 192 Pt 3 Div 2

heading substituted by 76/2013 s 14 s 32

s 32(1) substituted by 76/2013 s 15(1) s 32(2) amended by 76/2013 s 15(2), (3) s 33

s 33(4) inserted by 76/2013 s 16 s 34

s 34(1) amended by 76/2013 s 17(1) s 34(2) amended by 76/2013 s 17(2) s 34(5) inserted by 76/2013 s 17(3)

amended by 14/2019 s 193 s 34(6) and (7) inserted by 76/2013 s 17(3) s 35

s 35(1) amended by 14/2019 s 194 s 35(2) amended by 76/2013 s 18(1) s 35(3) amended by 76/2013 s 18(2) s 36

s 36(1) amended by 76/2013 s 19(1) s 36(2) amended by 76/2013 s 19(2), (3) s 37

s 37(1) amended by 76/2013 s 20 s 38 amended by 76/2013 s 21

amended by 14/2019 s 195 Pt 3 Divs 3—5 inserted by 76/2013 s 22 Pt 4

s 40

s 40(1) amended by 76/2013 s 23(1) s 40(2) amended by 76/2013 s 23(2) s 41

s 41(1) amended by 76/2013 s 24(1) s 41(2) amended by 76/2013 s 24(2) s 42

s 42(1) amended by 76/2013 s 25(1) s 42(2) amended by 76/2013 s 25(2) s 42(3)

prescribed word substituted by 76/2013 s 25(3) s 43

s 43(1) amended by 76/2013 s 26(1) s 43(2) amended by 76/2013 s 26(2) s 46

s 46(1)

domestic partner inserted by 43/2006 s 217(1) prescribed relative amended by 43/2006 s 217(2) putative spouse deleted by 43/2006 s 217(3) spouse substituted by 43/2006 s 217(3) Pt 5

s 60 amended by 76/2013 s 27 s 61

s 61(1) amended by 76/2013 s 28 s 62

s 62(1) amended by 14/2019 s 196(1) s 62(2) and (3) deleted by 14/2019 s 196(2) s 62(4) amended by 76/2013 s 29(1)

substituted by 14/2019 s 196(3) s 62(5) amended by 14/2019 s 196(4) s 62(5a)—(5d) inserted by 14/2019 s 196(5) s 62(7) and (8) deleted by 14/2019 s 196(6) s 62(9) substituted by 76/2013 s 29(2) s 62(10) amended by 14/2019 s 196(7) s 62(11) inserted by 76/2013 s 29(3)

amended by 14/2019 s 196(8), (9) s 62(12) inserted by 76/2013 s 29(3)

amended by 14/2019 s 196(10), (11) s 63 substituted by 14/2019 s 197 Pt 5

Pt 5 Div 5 deleted by 14/2019 s 198 Pt 6

heading substituted by 14/2019 s 199 s 66

s 66(1) amended by 76/2013 s 30

amended by 14/2019 s 200(1)—(3) s 66(2) deleted by 14/2019 s 200(4) s 66(3) substituted by 14/2019 s 200(5) s 66(4) amended by 14/2019 s 200(6) s 66(5) amended by 14/2019 s 200(7) s 67

s 67(1) amended by 14/2019 s 201(1), (2) Pt 7

s 73 deleted by 36/2011 s 35 1.1.2012 s 74

s 74(1) amended by 76/2013 s 31 s 75 deleted by 84/2009 s 363

inserted by 76/2013 s 32 s 75A inserted by 76/2013 s 32 s 76

s 76(1) amended by 76/2013 s 33 s 76(2) amended by 14/2019 s 202 s 79

s 79(2) amended by 76/2013 s 34 Sch

cl 1 omitted under Legislation Revision and Publication Act 2002 Transitional etc provisions associated with Act or amendments Statutes Amendment (SACAT) Act 2019, Part 31 203—Transitional provisions (1) A right to lay a complaint under section 62 of the principal Act with respect to a matter in existence before the relevant day, with the effect that the relevant proceedings would have been commenced before the Board, will be exercised as if this Part had been in operation before the right arose, so that the complaint may be laid instead before the Tribunal. (2) A decision or order of the Board under Part 5 Division 4 of the principal Act in force immediately before the relevant day will, on and from the relevant day, be taken to be a decision or order of the Tribunal. (3) Any proceedings before the Board under Part 5 Division 4 of the principal Act immediately before the relevant day that have proceeded to a listing will, unless the President of the Tribunal and the presiding member of the Board otherwise agree, continue and be determined by the Board under the principal Act as if it had not been amended by this Part. (4) Any decisions or orders arising out of any proceedings before the Board referred to in subsection (3) will take effect as if they were a decision or order of the Tribunal (including for the purposes of exercising any rights of review or appeal under the South Australian Civil and Administrative Tribunal Act 2013). (5) Any proceedings before the Board under Part 5 Division 4 of the principal Act immediately before the relevant day that have not proceeded to a listing will, subject to such directions as the President of the Tribunal thinks fit, be transferred to the Tribunal where they may proceed as if they had been commenced before the Tribunal. (6) The Tribunal may take such steps as the Tribunal thinks fit to promote or ensure the smoothest possible transition from 1 jurisdiction to another in connection with the operation of subsection (5). (7) A right of appeal under section 66 of the principal Act, other than under section 66(1)(c) in respect of a decision of the Board that relates to proceedings under Part 5 Division 4, in existence before the relevant day (but not exercised before that day) will be exercised as if this Part had been in operation before that right arose, so that the relevant proceedings may be commenced before the Tribunal rather than the Administrative and Disciplinary Division of the District Court. (8) Nothing in this section affects a right of appeal to the Administrative and Disciplinary Division of the District Court against a decision of the Board in proceedings under Part 5 Division 4 made or given before the relevant day (as the right existed under section 66(1)(c) of the principal Act before its amendment by this Act). (9) Nothing in this section affects any proceedings before the Administrative and Disciplinary Division of the District Court commenced before the relevant day. (10) For the purposes of this section, proceedings of the Board, in respect of a matter, have proceeded to a listing if a hearing (including a directions hearing, interlocutory hearing or other preliminary hearing) has been held by the Board. (11) In this section— Board means the Veterinary Surgeons Board of South Australia within the meaning of the principal Act; principal Act means the Veterinary Practice Act 2003; relevant day means the day on which this Part comes into operation; Tribunal means the South Australian Civil and Administrative Tribunal established under the South Australian Civil and Administrative Tribunal Act 2013. Historical versions

1.1.2012