Part 10Miscellaneous

Part 10—Miscellaneous 89—Exemptions (1) The Minister may, in accordance with this section, exempt a specified person, or a specified class of persons, from the operation of a provision or provisions of this Act. (2) An exemption under this section— (a) if limited in its application to a specified person—must be by notice in writing to that person; or (b) if applying to a specified class of persons— (i) must be by notice in the Gazette; or (ii) must be by notice in writing to each person of that class. (3) An exemption may be conditional or unconditional. (4) The Minister may, by notice in writing or in the Gazette (as the case requires), vary or revoke an exemption for any reason the Minister thinks fit. (5) A person must not contravene a condition of an exemption. (6) If a person contravenes a condition of an exemption, the exemption does not, while the contravention continues, operate in that person's favour. 90—Contact details to be provided to Chief Executive (1) The Board must, every 3 months or at the request of the Chief Executive, provide to the Chief Executive a list of the full names, telephone numbers, email addresses and business addresses of each veterinarian registered under this Act. (2) The Chief Executive may only use the contact details of veterinarians obtained in accordance with this section in the following circumstances: (a) to communicate information in respect of— (i) a notifiable disease (within the meaning of the Livestock Act 1997); or (ii) a bushfire; or (iii) a public health emergency; or (iv) another event, that significantly impacts, or could significantly impact, on animal welfare in the State; (b) to consult on, or obtain or provide advice in respect of, legislation relevant to veterinarians; (c) to advise of vacancies on the Board and provide information about recruitment for Board positions; (d) any other matter prescribed by the regulations. 91—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. 92—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 themselves, for another person or for premises) is guilty of an offence. 93—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. 94—Confidentiality (1) A person engaged or formerly engaged in the administration of this Act or a 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 a 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 96. (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. 95—Victimisation (1) A person who causes detriment to another on the ground, or substantially on the ground, that the other person or a third person— (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 commits an act of victimisation. (2) Causing detriment on the ground that the person— (a) has made a false allegation; or (b) has not acted in good faith, does not constitute an act of victimisation. (3) 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, they cannot subsequently lodge a complaint under the Equal Opportunity Act 1984 and, conversely, if the victim lodges a complaint under that Act, they cannot subsequently commence proceedings in a court seeking a remedy in tort. (4) If 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. (5) In proceedings against a person seeking a remedy in tort for an act of victimisation committed by an employee or agent of the person, it is a defence to prove that the person exercised all reasonable diligence to ensure that the employee or agent would not commit an act of victimisation. (6) A person who personally commits an act of victimisation under this Act is guilty of an offence. (7) Proceedings for an offence against subsection (6) may only be commenced by a police officer or a person approved by either the Commissioner of Police or the Director of Public Prosecutions. (8) 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 a person's employment or business; or (d) threats of reprisal. 96—Arrangements between 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 veterinarians (however described) and for other purposes related to the recognition of people engaged in veterinary services, 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 Incorporated. 97—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 veterinarian 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. 98—Evidentiary provision (1) In any legal proceedings (including proceedings before the Tribunal), an allegation in a complaint— (a) that a specified person 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; or (b) that the registration under this Act of a specified person at a specified date was primary registration or deemed registration; or (c) that the registration under this Act of a specified person is, or was on a specified date, subject to specified conditions; or (d) that specified premises are or are not, or were or were not on a specified date, registered premises under this Act; or (e) that a specified person is, or was on a specified date, an inspector, must be accepted as proved in the absence of proof to the contrary. (2) In any legal proceedings (including proceedings before the Tribunal), a document apparently certified by the Executive Officer and certifying that a specified 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 will, in the absence of proof to the contrary, be proof of the matters certified. (3) In any legal proceedings (including proceedings before the Tribunal), a document apparently certified by the Executive Officer and certifying that specified premises were, or were not, registered premises under this Act at a particular date or during a particular period will, in the absence of proof to the contrary, be proof of the matters certified. (4) In any legal proceedings (including proceedings before the Tribunal), a document apparently certified by the Executive Officer to be a copy of a register under this Act, or a copy of a code of conduct, professional standards or veterinary premises standard prepared or endorsed by the Board under this Act, must be accepted as such in the absence of proof to the contrary. 99—Regulations and fee notices (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) require the keeping of records or other information by veterinarians or any other person or body prescribed by the regulations; or (b) require the furnishing of receipts, returns or other information to the Board or any other person or body prescribed by the regulations; or (c) 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) make provisions of a saving or transitional nature consequent on the enactment or amendment of this Act or the regulations; and (e) exempt a person, or a class of persons, from the operation of a specified provision or provisions of this Act; and (f) 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 Executive Officer 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 published on a website determined by the Minister; 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. (5) The Board may prescribe fees for the purposes of this Act by fee notice under the Legislation (Fees) Act 2019. (6) A fee notice may provide for the waiver, reduction or recovery of fees.