Veterinary Practice Regulation 2013

The Regulation builds around three organising concepts: restricted acts, professional regulation (registration, code and discipline), and administrative governance of the veterinary profession.

Restricted acts: Clause 4 comprehensively lists the acts of veterinary science declared to be restricted for the purposes of the Act. Those include diagnosis by examination or attendance on any animal for the purpose of diagnosing physiological or pathological conditions (cl 4(1)(a)), a broad class of treatments and procedures that, by current standards, should not be undertaken without anaesthesia, sedation or tranquillisation (cl 4(1)(b)), and the administration of anaesthetic agents except under the immediate and direct supervision of a veterinary practitioner (cl 4(1)(c)). Clause 4(1)(d) lists particular procedures (laparoscopic surgery, certain castrations, de‑horning above specified ages, insertion of microchips into horses, artificial breeding procedures involving surgery and others). Clause 4(1)(e) and cl 4(1)(f) prohibit insertion of any thing into many body cavities and specifically prohibit insertion into a horse's uterus or into a horse's rectum other than a thermometer, with limited exceptions (cl 4(1)(e)-(f)). The clause also defines anaesthetic agent by reference to Schedules Four and Eight of the Poisons List under the Poisons and Therapeutic Goods Act 1966 (cl 4(3)). Clause 4(2) then sets out narrow exemptions to those restrictions for some dental work on horses and for use of power tools on sedated horses under immediate veterinary supervision.

Professional regulation: Part 3 prescribes the declaration applicants must make (Schedule 1) and identifies the National Veterinary Examination as the examination that may be required for full registration (cl 8). Clause 9 specifies particulars that must be included in the Register, such as date of registration and any conditions on registration. Clause 10 prescribes the categories of continuing professional development (CPD) detail to be included in annual returns, including university courses, conferences, mentoring and private study. Part 4 establishes that the code of professional conduct in Schedule 2 is the code for section 37 of the Act and that all clauses of that code are prescribed for the definition of unsatisfactory professional conduct (cl 12-13). Schedule 2 sets out duties on welfare, pain relief, informed consent, records (retention for at least 3 years), confidentiality, supply of restricted substances, and other professional obligations (Sch 2, cl 1-21).

Administrative governance and enforcement: The Regulation modifies the uniform licensing Act as it applies to veterinary hospital licences to require other registered particulars that include the business name, the name of any veterinary practitioner with a controlling interest, and the nature of services provided (cl 14). Part 6 sets detailed requirements for the calling, notice and content of the Board’s annual general meeting including a minimum 4 weeks’ notice and mandatory distribution of audited financial statements and reports on fees and remuneration (cl 16-18). Clause 22 prescribes penalty notice offences and the amounts payable by individuals and, in certain cases, corporations (Schedule 3). Clause 25 authorises the Board to determine fees and charges, but only with the Minister’s agreement (cl 25(1)-(3)). Clause 23 prescribes narrow exemptions from the requirement that a person be registered under section 9 of the Act where Crown employees act under certain supervision and guidelines during emergencies.

Standards and references: The Regulation references external standards as operative requirements. For example, a microchip is defined to be a device complying with Australian Standard AS 5019,2001 and its unique identification number must meet AS 5018,2001 and the International Committee for Animal Recording manufacturer code allocation (cl 4(3)). Similarly, the definition of anaesthetic agent relies on the Poisons List Schedules (cl 4(3)). These external references import technical standards into the legal regime.

The Regulation affects multiple groups. The primary groups are veterinary practitioners, the Board established under the Act, owners and persons responsible for animal care, veterinary hospitals, and specified Crown employees and Local Land Services rangers. Each group faces specific regulatory obligations or exemptions.

Veterinary practitioners: The Regulation places conduct obligations on all practising veterinary practitioners. It requires applicants for registration to make the Schedule 1 declaration (cl 7; Sch 1). Once registered, practitioners are subject to the code of conduct in Schedule 2 which specifies duties such as promoting animal welfare, providing pain relief where an animal in their presence is suffering, maintaining current standards of practice, record keeping (minimum 3 year retention), confidentiality obligations and restrictions on supply of restricted substances (Sch 2, cl 1-3, 4, 15, 12, 20). Practitioners also face potential penalty notices for contraventions of specified sections of the Act as listed in Schedule 3 (cl 22; Sch 3).

The Board: The Board uses the Regulation’s prescriptions to administer registration, CPD returns and the Register (cl 9-10). It is authorised to require or set examinations (cl 8), determine fees for examinations and other services on a cost‑recovery basis (cl 25), and must run the annual general meeting in the manner prescribed (cl 16-21). The Board has a role in accreditation where persons may be accredited to perform restricted acts under cl 5(a). The Board is also the entity whose audited financial statements are to be presented at the annual general meeting (cl 16-18).

Owners and carers of animals: Persons responsible for the care of animals are affected by the Regulation’s informed consent and fee disclosure requirements (Sch 2, cl 7; cl 16) and by limits on who may lawfully perform restricted acts on their animals (cl 4 and cl 5). Where restricted substances are supplied, the Regulation limits supply to persons responsible for the animal and only in specified circumstances (Sch 2, cl 20).

Veterinary hospitals and owners of practices: Licensing particulars for veterinary hospitals must include the business name, the name of any veterinary practitioner with a controlling interest in the corporate owner or firm, and the nature of services provided (cl 14). Inspections may be charged by the Board as a fee for services (cl 25(2)).

Crown employees and Local Land Services rangers: Clause 23 provides an exemption from section 9 of the Act for certain Crown employees who, during animal disease emergencies or mass treatment or destruction events, work under direct supervision and in accordance with guidelines and standard operating procedures issued by the Director‑General or Local Land Services. It also exempts rangers employed by the Crown in the Local Land Services Division where they act in accordance with Local Land Services guidelines or instruments (cl 23(1)-(2)).

Suppliers and manufacturers: Microchip manufacturers and suppliers are indirectly affected because cl 4(3) makes compliance with Australian Standards AS 5019,2001 and AS 5018,2001 part of the legal definition of an acceptable microchip device for implantation into animals.

Corporations: Schedule 3 specifies higher penalty notice amounts for certain offences if the alleged offender is a corporation (cl 22; Sch 3, Column 3 entries for certain sections). Clause 25(2) authorises fees and charges that may be imposed on corporations for inspections or Board services.

Researchers and accredited non‑veterinary persons: Clause 5 permits persons accredited by the Board to carry out specified restricted acts, and persons holding animal research authority under the Animal Research Act 1985 who are acting within that authority, to perform restricted acts in certain circumstances. This creates a pathway for non‑registered persons to lawfully perform some restricted acts if accreditation or statutory research authority applies.

This Regulation imposes a number of specific duties on veterinary practitioners and sets rights and administrative duties for the Board. The duties are operational and often detailed; rights are mainly administrative (for example, rights to notice and to information at the annual general meeting).

Duties on veterinary practitioners (Schedule 2 and other clauses)

• Promote animal welfare, and at all times consider animal welfare when practising (Sch 2, cl 1 and cl 2).
• Provide relief of pain or suffering to an animal in their presence, which includes first aid, timely referral or euthanasia as appropriate (Sch 2, cl 3).
• Maintain and practise to current standards of veterinary science in relevant areas; base decisions on evidence‑based science or well recognised current knowledge and practice (Sch 2, cl 4).
• Utilise the skills of colleagues by consultation or referral when appropriate (Sch 2, cl 5).
• Not mislead or behave in a way that adversely affects the standing of another veterinary practitioner or the profession (Sch 2, cl 6).
• Obtain informed consent of the person responsible for the animal where practicable (Sch 2, cl 7).
• Ensure availability for ongoing care or arrange for another practitioner to continue care when accepting an animal (Sch 2, cl 8).
• Comply with requests for referrals and not refuse second opinion requests (Sch 2, cl 9).
• Provide relevant case history records with consent when requested by another veterinary practitioner who has taken over treatment (Sch 2, cl 10), and return records provided by a referring practitioner as soon as practicable (Sch 2, cl 11).
• Maintain confidentiality of information obtained in professional practice, except where authorised or required by law or other specified reporting obligations (Sch 2, cl 12).
• Ensure assistants have the requisite skills, knowledge and equipment to perform their duties to current standards (Sch 2, cl 13).
• Obey codes or rules of animal sporting organisations when attending them unless those codes conflict with the Act or Regulation (Sch 2, cl 14).
• Keep a detailed, legible record of consultations, procedures and treatments as soon as practicable, including diagnostic results and treatments, retain records for at least three years and clearly identify any alterations to records (Sch 2, cl 15).
• Inform the person responsible for the animal, where practicable and before providing services, of the likely extent and outcome and the estimated cost (Sch 2, cl 16).
• Not certify a fact within professional expertise unless the practitioner has personal knowledge or personally provided or supervised the service, and ensure certification is sufficiently detailed (Sch 2, cl 17).
• Not perform surgical correction of inheritable defects or medical treatment for inheritable disease unless the primary purpose is to relieve or prevent pain or discomfort (Sch 2, cl 18).
• Ensure competence before practising in a special interest area (Sch 2, cl 19).
• Supply restricted substances only to the carer of an animal whom the practitioner has examined or is directly caring for or, with written authority from another practitioner who has examined the animal, only in respect of that animal; not obtain restricted substances for personal use (Sch 2, cl 20).
• Not provide referrals or recommendations solicited with inducements (Sch 2, cl 21).

Board and administrative duties, and related rights

• The Board must include particular information in the Register entries such as date of registration, registration number and any conditions (cl 9).
• The Board may require the National Veterinary Examination for registration applicants (cl 8).
• The Board must call the annual general meeting as soon as practicable after audited financial reports are returned post‑audit and must give at least 4 weeks’ notice of the meeting, publish notice on its website and provide other notice methods it considers appropriate (cl 16-17).
• At the annual general meeting the Board must provide attendees with the agenda, audited financial statements and President’s reports including details of fees payable, consultation undertaken before fee approval, remuneration of Board members and any fee increases presented to the Minister (cl 18).
• The Board is authorised to determine examination fees and to set and impose fees and charges for services to operate on a cost‑recovery basis, but cannot impose a fee unless the Minister has agreed (cl 25(1)-(3)). Inspections, including hospital or Register inspections, are included within “inspection” for charging purposes (cl 25(4)).
• The Board may accredit persons to carry out specified restricted acts and prescribe those classes of persons for the Act’s section 9(2)(e) purposes (cl 5).

Rights and protections for some non‑veterinary persons

• Clause 5 provides an express pathway for accredited persons and authorised animal researchers to lawfully perform restricted acts to the extent of their accreditation or research authority.
• Clause 23 provides narrow statutory exemptions from section 9 for certain Crown employees and Local Land Services rangers acting under specified supervision and written instruments during emergencies or in accordance with Local Land Services instruments.

Constraints and external references

• Microchip devices must comply with Australian Standards AS 5019,2001 and the unique identification number must comply with AS 5018,2001 and have the first three digits equal to the manufacturer’s code allocated by the International Committee for Animal Recording (cl 4(3)).
• The definition of anaesthetic agent is expressly tied to the Poisons List schedules of the Poisons and Therapeutic Goods Act 1966 (cl 4(3)).

These duties can give rise to enforcement outcomes. The Regulation also prescribes penalty notice offences and amounts (cl 22; Sch 3), which impose immediate monetary civil penalties as an enforcement mechanism for specific offences under the Act.

The Regulation implements monetary penalty notices as an enforcement mechanism for a range of offences under the Act. Clause 22 prescribes penalty notice offences for the purposes of section 101 of the Act, and sets the prescribed penalty amounts in Schedule 3. Schedule 3 maps specific Act section numbers to fixed penalty amounts for individuals and, in selected cases, higher amounts for corporations (Schedule 3, Columns 1-3).

The offences listed and their penalty notice amounts include (Schedule 3):

• Section 9(1): $500 for an individual.
• Section 11(2): $500 for an individual; $1,100 for a corporation.
• Section 12: $500 for an individual.
• Section 13(1): $500 for an individual.
• Section 14(1): $500 for an individual; Section 14(2): $500 for an individual and $1,100 for a corporation.
• Section 16: $500 for an individual.
• Section 31: $200 for an individual.
• Sections 44(4) and 44(5): $500 for an individual and $1,100 for a corporation.
• Section 65: $1,100 for an individual.
• Section 66: $500 for an individual and $1,100 for a corporation.

The Regulation does not itself set out the procedural mechanics of issuing or contesting a penalty notice; those procedures are governed by the Act’s section 101 and relevant procedural provisions of the Act. The Regulation’s role is to (a) designate specific offences as penalty notice offences and (b) fix the monetary amount payable under a penalty notice for each offence (cl 22; Sch 3).

Enforcement beyond penalty notices: The Regulation also interacts with the Act’s disciplinary framework. Part 4 of the Regulation prescribes the code of conduct (cl 13, Sch 2) and states that all clauses of the code are prescribed for the definition of unsatisfactory professional conduct under the Act (cl 12). This provides a direct route for complaints and disciplinary proceedings under the Act to be measured against the Regulation’s code. The Regulation itself does not set out sanctioning procedures for disciplinary matters; those are a function of the Act. The Regulation supplies substantive standards that will be relied on in any disciplinary or fitness‑to‑practise processes under the Act.

Fees and inspection charges: Clause 25 authorises the Board to determine and impose fees and charges for services, including inspection fees, to enable operation on a cost‑recovery basis, but it places a constraint on the Board: the Board may not impose a fee unless the Minister has agreed (cl 25(3)). This places a political/administrative check on the Board’s ability to self‑fund by regulation. The Board’s power to charge for inspections may be relevant where inspections function as a compliance or enforcement tool, but the Regulation does not itself describe enforcement actions following non‑compliance detected in inspections.

Emergency exemptions and operational enforcement: Clause 23 creates exemptions from section 9 for Crown employees and certain Local Land Services rangers when they act under direct supervision and in accordance with specified guidelines during declared animal disease or mass treatment or destruction emergencies. That provision is an operational enforcement/authorisation mechanism: it enables Crown agents to act without individual registration in tightly circumscribed circumstances. The clause requires those persons to act consistent with guidelines or standard operating procedures issued by the Director‑General or by Local Land Services; the clause therefore conditions the immunity on compliance with higher level operational rules.

Limitations: The Regulation defines many substantive duties and prescribes penalty notice amounts, but the Act supplies the broader enforcement architecture, procedures for prosecutions, disciplinary processes and the content of the outlined Act sections referenced in Schedule 3. The Regulation does not expand on evidentiary standards, appeal rights, or process timelines for penalty notices; those must be found in the Act and other procedural legislation.

The Regulation is expressly subsidiary to and operates in the context of the Veterinary Practice Act 2003. It repeatedly cross‑references the Act and specific sections of the Act, for example, to prescribe matters for registration, unsatisfactory professional conduct and the Board’s obligations (cl 3(1) for definition of the Act; cl 4 for restricted acts declared for the purposes of the Act; cl 7 for the declaration required by section 18(e) of the Act; cl 8 for section 21(1)(b)(ii); cl 9 for section 28(3)(f); cl 10 for section 33(1)(e1) and (f); cl 12 for section 35; cl 13 for section 37; cl 14 modifies the Licensing and Registration (Uniform Procedures) Act 2002 in its application to veterinary hospital licences).

References to other primary legislation and standards:

• Poisons and Therapeutic Goods Act 1966: Clause 4(3) defines “anaesthetic agent” by reference to Schedules Four and Eight of the Poisons List proclaimed under that Act. Clause 20 also uses the term “restricted substance” and defines it by reference to those same Poisons List schedules (Sch 2, cl 20). This binds the Regulation to the technical classifications of substances under that Act.
• Licensing and Registration (Uniform Procedures) Act 2002: Clause 14 modifies Part 2 of that Act for veterinary hospital licences so that “other registered particulars” include business name, name of any controlling veterinary practitioner and the nature of services. That is an example of how the Regulation adjusts a general licensing framework for the specific sectoral needs of veterinary hospitals.
• Animal Research Act 1985: Clause 5(b) permits persons who hold an authority to carry out animal research under section 25 of the Animal Research Act to carry out restricted acts of veterinary science if acting as permitted by that authority. This creates an overlap between research licensing and veterinary practice regulation.
• State Emergency and Rescue Management Act 1989 and Prevention of Cruelty to Animals Act 1979: Clause 23 refers to “emergency” within the meaning of the State Emergency and Rescue Management Act 1989 and creates reporting and confidentiality exceptions linked to animal cruelty and enforcement bodies under Prevention of Cruelty to Animals Act 1979 (Sch 2, cl 12(b) references officers under that Act). The Regulation therefore integrates with emergency management and animal welfare reporting regimes.
• Local Land Services Act 2013: Clause 23(3) prescribes that guidelines or instruments of the abolished State Management Council of Livestock Health and Pest Authorities are to be taken as instruments of Local Land Services for the purpose of exemptions, thereby preserving continuity between prior administrative instruments and the new institutional structure.

Standards and external technical instruments:

• Australian Standards AS 5019,2001 and AS 5018,2001 are imported into the Regulation as the required standards for microchip devices and their coding (cl 4(3)). The Regulation therefore makes compliance with technical standards a legal requirement.
• The National Veterinary Examination set by the Australasian Veterinary Boards Council Inc is prescribed as the qualifying examination that a Board may require under the Act (cl 8). This links the Regulation to an external professional examination mechanism.

Interplay with the Act’s disciplinary and registration provisions:

• The Regulation’s code of conduct is established under section 37 of the Act (cl 13; Sch 2). Clause 12 prescribes all clauses of the code as relevant to the Act’s definition of unsatisfactory professional conduct under section 35. Therefore, the disciplinary apparatus of the Act will be triggered by breaches of the Regulation’s Schedule 2 provisions.

In short, the Regulation does not operate in isolation. It imports technical classifications and standards from other statute and standard‑setting instruments and deliberately modifies a uniform licensing Act for veterinary hospital licensing. It also creates points of overlap with emergency management, animal research licensing and animal welfare reporting regimes.

The Regulation’s text includes amendment annotations that identify several legislative changes since its inception. The document records amendments to particular clauses and the insertion or repeal of provisions on specific dates. The following items are recorded in the Regulation itself:

• Clause 2 (Commencement) notes that the Regulation commences on 1 September 2013 and replaces the Veterinary Practice Regulation 2006 by virtue of the Subordinate Legislation Act 1989 (cl 2, note).
• Clause 4 was amended by the 2015 Act No 24, Schedule 8.40 (annotated as cl 4: Am 2015 No 24, Sch 8.40). This indicates that the list or content of restricted acts was altered in 2015. The schedule reference suggests the amendment took place via a later amending instrument.
• Clause 6 was amended in 2014 (annotated: cl 6: Am 2014 No 88, Sch 2.72 [1] [2]). This amendment affected the prescription of bodies exempt from the offence of representing firms to be veterinary practices.
• Clause 10 was amended in 2020 (annotated: cl 10: Am 2020 (130), Sch 1[1]-[4]). Clause 11 was repealed in 2020 (cl 11: Rep 2020 (130), Sch 1[5]). Clause 12 was also amended in 2020 (cl 12: Am 2020 (130), Sch 1[6] [7]). Schedule 2 carries an amendment note: (sch 2: Am 2020 (130), Sch 1[8]). These 2020 annotations reflect consolidated amendments made in that year affecting annual return particulars, matters previously contained in cl 11, the definition of unsatisfactory professional conduct, and the code of conduct.
• Clause 16 was amended in 2018 (annotated cl 16: Am 2018 No 70, Sch 4.115). That amendment adjusted the timing requirement for the annual general meeting to follow audited financial statements returned after audit by the Auditor‑General.
• Clause 23 contains an annotation noting amendment in 2013 (cl 23: Am 2013 (729), Sch 1 [1] [2]). That amendment relates to the exemptions for Crown employees and rangers acting under Local Land Services.
• Schedule 2 carries an adopting amendment annotation (sch 2: Am 2020 (130), Sch 1[8]) reflecting the 2020 amendments to the code of professional conduct.

The Regulation also contains a saving clause (cl 26) preserving the effect of acts, matters and things that had effect under the repealed 2006 Regulation so they continue under this Regulation.

The amendment annotations in the Regulation provide a high‑level map of legislative change. The instrument does not supply the textual detail of the prior versions or the amending Acts beyond the references above. To trace the precise textual history, a practitioner would consult the amending instruments cited (for example, the 2015 No 24 schedule, the 2018 No 70 schedule, and the 2020 (130) schedule) and the consolidated version of the Regulation held by the NSW legislation site.

The Regulation’s text does not supply any case law, reported decisions or litigation history. No judicial or tribunal decisions are referenced in the instrument itself. The Regulation contains no in‑text citations to litigation and does not include footnotes identifying disputes about its interpretation.

What the instrument does record that is litigation‑relevant are the substantive duties and penalty notice amounts that will be relevant in prosecutorial and disciplinary proceedings under the Act. For example:

• The code of conduct in Schedule 2 is expressly prescribed for the purposes of defining unsatisfactory professional conduct for the Act (cl 12; cl 13), which supplies the standard by which disciplinary cases will be assessed under the Act’s processes.
• The Regulation prescribes penalty notice offences and fixed penalties (cl 22; Sch 3), which are civil monetary enforcement tools that may be the subject of appeal or review under the Act’s procedural architecture or general administrative law.

Because the Regulation cross‑references numerous provisions of the Act (for example sections 9, 11, 12, 13, 14, 16, 31, 44, 65, 66 as listed in Schedule 3), litigation over the scope and meaning of those Act provisions would also necessarily engage the Regulation where it defines operational standards or exceptions, or prescribes penalties.

Practitioners researching litigation must therefore consult:

• the Veterinary Practice Act 2003 and any cases interpreting the Act’s registration, offence and discipline provisions;
• decisions in which the Act and the Regulation interact (for example, disciplinary tribunal decisions referring to the Schedule 2 code);
• judicial review decisions that might address the Board’s exercise of powers under the Act and the Regulation, including fee imposts where Ministerial agreement is required (cl 25(3)); and
• any administrative law challenges to penalty notices issued under section 101 of the Act as implemented by cl 22 and Schedule 3.

The Regulation itself contains no account of such litigation and supplies no precedent references. A search of reported decisions and tribunal determinations would be required to assemble a litigation history relevant to the Regulation and its enforcement.

The Regulation contains several provisions that may produce unintended compliance failures if not read carefully. These are concrete drafting and operational features you should watch for.

Microchip and device standards: Clause 4(3) defines “microchip” in terms of compliance with Australian Standards AS 5019,2001 and AS 5018,2001 and requires the first three digits of the unique identification number to be the manufacturer’s code allocated by the International Committee for Animal Recording. The effect is that an implanted device that does not comply with these standards will not meet the Regulation’s definition of a lawful microchip. Practitioners and clinics that implant devices must confirm device compliance with those standards and the coding rules before implanting.

Narrow age thresholds and species specificity in restricted acts: Clause 4(1)(d) lists procedures by species and exact age thresholds for when those acts become restricted. For example, tailing of sheep that are 6 months or older is a restricted act, castrating pigs that are 2 months or older is restricted, while other animals’ castration at any age is restricted (cl 4(1)(d)(iii),(viii),(ix),(x)). The Regulation also treats pregnancy diagnosis for horses as a restricted diagnostic act (cl 4(1)(a)), but excludes pregnancy diagnosis for other animals from that restriction. These fine distinctions create potential for accidental non‑compliance if practitioners or lay persons misremember species or age cut‑offs.

Insertion prohibitions with limited exceptions: Clause 4(1)(e) and (f) broadly prohibit insertion of “any thing” into numerous body cavities, with limited exceptions such as insertion into an animal’s mouth or oesophagus, insertion into the rectum of animals other than horses, and a narrow rumen puncture exception for acute bloat in cattle or sheep only if examined by a veterinary practitioner as soon as practicable afterwards (cl 4(1)(e)(i)-(iii), (f)). Note the special rule for horses: insertion into a horse’s uterus or into the rectum (other than a thermometer) is a restricted act (cl 4(1)(f)). Practitioners and non‑veterinary livestock carers should be alert to the strictness of “any thing” and to the horse‑specific restrictions.

Strict supply rules for restricted substances: Schedule 2, cl 20 restricts supply of substances listed in the Poisons List Schedules Four and Eight. A veterinary practitioner may supply a restricted substance only (a) to a person responsible for an animal the practitioner has physically examined or has under direct care and only in respect of that animal, or (b) with written authority of another veterinary practitioner who has physically examined the animal, and only in respect of that animal. Practitioners must not obtain restricted substances for personal use (Sch 2, cl 20(2)). These rules constrain off‑label delegation or bulk supply.

Fees require Ministerial agreement: Clause 25 authorises the Board to determine fees for examinations and to determine and impose fees and charges for services on a cost‑recovery basis, including inspection fees, but cl 25(3) states the Board may not impose a fee unless the Minister has agreed. This is a significant operational constraint: Boards cannot unilaterally introduce fees and must secure Ministerial agreement before imposing them.

Annual general meeting procedural detail: The Board must give at least four weeks’ notice of the annual general meeting, publish notice on its website and provide further notice as it considers appropriate (cl 17). Attendees must be provided with audited financial statements and detailed reports including consultation undertaken before approving fees and any remuneration increases presented to the Minister (cl 18). The Board’s obligation to use best endeavours to ensure the venue accommodates all reasonably expected attendees where the AGM coincides with a Board meeting may impose practical logistical burdens (cl 21).

Penalty notice amounts and corporate differentials: Schedule 3 fixes relatively modest penalty notice amounts (for example $500 for multiple offences) with higher corporate penalties for some offences (e.g. $1,100 in specified cases). Clinics operating as corporations should note the higher corporate penalty amounts. The Regulation treats some offences differently for corporations, and those details matter when deciding whether contraventions will be prosecuted by penalty notice.

Accreditation and research authority exceptions are limited: Clause 5 allows accredited persons or animal research authority holders to carry out restricted acts only as permitted by, and in accordance with, their accreditation or authority. The scope of permitted acts is therefore narrower than a mere endorsement that non‑veterinarians can perform restricted acts. Practitioners and operators commissioning non‑veterinary persons to undertake restricted acts must ensure valid accreditation or research authority and compliance with its conditions.

Record retention and alterations: Schedule 2, cl 15 obliges practitioners to retain records for at least 3 years and to clearly identify any alterations. Failure to comply with recordkeeping requirements may be used in disciplinary or enforcement proceedings.

Cross‑referenced definitions and external standards: The Regulation imports external technical categories and references by cross‑reference, for example definitions tied to the Poisons List and Australian Standards. Users must consult those external instruments to understand fully what the Regulation requires in practice.

Clause 24 ambiguity: Clause 24 prescribes “all animals, other than horses and the animals referred to in clause 1(g), are prescribed” for the purposes of clause 1(g) of Schedule 1 to the Act. The phrase is circular on its face when read in isolation from the Act’s Schedule 1. Practitioners should check the Act’s Schedule 1 clause 1(g) to understand precisely which animals are excluded from the prescription because the Regulation refers the reader back to the Act’s text.

The following is a practical compliance checklist tied to the Regulation’s clauses. Use it to map tasks for registration, practice, hospital licensing, meetings, recordkeeping and emergency operations.

Registration and declarations

• Ensure applicants for registration make the Schedule 1 declaration verbatim as required by cl 7 and Sch 1. Keep an executed copy of the declaration on file.
• If the Board requires the National Veterinary Examination for full registration, ensure candidates prepare to meet that requirement (cl 8).

Annual returns and CPD

• When completing annual returns, include the CPD particulars prescribed in cl 10(1): university courses, postgraduate courses, conferences/seminars attended, papers presented, online training, written assessments, journal publications, private study details, observations of surgery or clinical rounds, acts done with other practitioners for learning, NSW Government website papers, and mentoring provided or received. For specialists, include details of the extent of practice in the specialist branch (cl 10(2)).

Practice and clinical compliance

• Review the detailed list of restricted acts in cl 4. Ensure that procedures listed as restricted are only undertaken by or under the direct supervision of an appropriately registered veterinary practitioner, unless a permitted exception (cl 4(2), cl 5) applies.
• For procedures that involve anaesthesia or sedatives, check the substance classification against Schedules Four and Eight of the Poisons List, because “anaesthetic agent” is defined by reference to those Schedules (cl 4(3)).
• Ensure that microchips implanted into horses comply with AS 5019,2001 and that the unique identification number complies with AS 5018,2001 and the manufacturer code rule (cl 4(3)).
• For dental and oral work, note the delineation between permissible procedures on horses and other animals (cl 4(1)(g)-(h) and cl 4(2) exceptions).

Supply of restricted substances

• Strictly comply with the supply rules in Sch 2, cl 20: supply restricted substances only to a carer of an animal physically examined by the practitioner or under the practitioner’s direct care and only in respect of that animal; or supply with written authority from another veterinary practitioner who has examined the animal and only in respect of that animal. Do not obtain restricted substances for personal use.

Records and confidentiality

• Maintain detailed, legible records for all consultations, procedures and treatments as soon as practicable. Record test results and treatments and retain all records for at least 3 years (Sch 2, cl 15).
• When altering records, mark alterations clearly (Sch 2, cl 15(3)).
• Provide case history records to another veterinary practitioner when requested and with consent (Sch 2, cl 10). Return records provided by a referring practitioner as soon as practicable (Sch 2, cl 11).
• Adhere to confidentiality obligations and be aware of the statutory exceptions enumerated in Sch 2, cl 12.

Client communications and costs

• Before providing veterinary services, inform the person responsible for the animal, where practicable, of likely outcomes and estimated costs (Sch 2, cl 16). Keep records of disclosures where relevant for complaints or disciplinary proceedings.

Hospital licensing and business structures

• If applying for or holding a veterinary hospital licence, ensure the “other registered particulars” required by the Licensing and Registration (Uniform Procedures) Act 2002, as modified by cl 14, include the business name, the name of any veterinary practitioner with a controlling interest in any corporate owner/part‑owner, and the nature of veterinary services provided. Update licensing particulars when changes occur.

Fees and inspections

• If the Board proposes to set or increase fees it should follow the Act’s consultation requirements and secure Ministerial agreement before imposing a fee, because cl 25(3) requires Ministerial agreement. Maintain documentation of consultations and Ministerial approvals for audit and AGM reporting purposes (cl 18(b)(ii)).
• Be prepared that inspections can be charged as fees; review any inspection terms and fee notices carefully and confirm the Minister has agreed if the Board purports to impose a new fee (cl 25(2)-(3)).

Annual general meeting obligations

• For Board members and profession stakeholders: the Board must give at least four weeks’ notice of the annual general meeting and publish notice on its website (cl 17). Ensure that the Board has provided the agenda, audited financial statements and President’s reports including fee consultation and remuneration details to attendees (cl 18).
• Where the AGM coincides with a Board meeting, the Board must use best endeavours to ensure the venue can accommodate reasonably expected attendees (cl 21).

Emergency operations and exemptions

• Crown employees and Local Land Services rangers who may rely on the exemption in cl 23 must ensure they are acting under the direct supervision specified and strictly in accordance with the Director‑General’s or Local Land Services’ guidelines or other written instruments. Keep records demonstrating adherence to those guidelines to rely on the exemption during animal disease emergencies or mass treatment or destruction events.

Disciplinary risk management

• Familiarise yourself with the Schedule 2 code because cl 12 prescribes every clause as relevant to the Act’s unsatisfactory professional conduct definition. Use the code as a practice compliance checklist: welfare obligations, duty to relieve pain, competence, supervision of assistants, recordkeeping, confidentiality and restricted substance supply.
• Keep contemporaneous notes that demonstrate adherence to the code in case of complaints or disciplinary proceedings under the Act.

Penalty notices and corporate exposure

• Corporations should note that Schedule 3 specifies higher penalty notice amounts for certain offences. Ensure corporate governance and compliance systems prevent breaches listed in Schedule 3 and document compliance steps to resist penalty notices.

Accreditation and research authority compliance

• If non‑veterinarians will perform restricted acts under accreditation or research authorities, document the accreditation scope and conditions, and ensure the work is carried out strictly in accordance with the accreditation or animal research authority as required by cl 5.

Record retention and audit readiness

• Retain registration and CPD records, declarations, client consent forms, audit materials, and evidence of compliance with microchip and controlled substance standards for the statutory retention period and beyond where prudent to demonstrate ongoing compliance, particularly because the Board must present audited statements at the AGM and the Regulation preserves prior regulatory acts (cl 16, cl 26).

When in doubt, consult the Act and referenced instruments (Poisons List Schedules, Australian Standards, Animal Research Act authority conditions, Local Land Services guidelines) to ensure the Regulation’s cross‑referenced definitions and technical thresholds are properly applied.