Part 3Registration of veterinarians

Part 3—Registration of veterinarians Division 1—Registers 27—Registers (1) The Executive Officer must keep and maintain 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(c) a register of persons who have been removed from the general register or specialist register under this Act or a repealed Act; (d) a register of persons whose deemed registration has been affected by a decision of the Board or who have been disqualified by the Board from deemed registration. (2) The general and specialist registers must include, in relation to each person entered on the register— (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 (e) 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); and (f) any other information required by the regulations, and may include other information as the Board thinks fit. (3) The register of persons who have been removed from the general register or specialist register under this Act or a repealed Act— (a) must not include any person who is dead; and (b) must include, in relation to each person on the register, a statement of— (i) the register from which the person was removed; and (ii) the general 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; and (c) must have deleted from it all information relating to any person who has been reinstated on each register from which the person was removed. (4) The register of persons whose deemed registration 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. (5) The Executive Officer is responsible to the Board for the form and maintenance of the registers. (6) The Executive Officer must correct an entry in a register that is not, or has ceased to be, correct. (7) The registers may be kept in conjunction with any other register kept under this Act, or a register kept under a corresponding law. (8) Subject to subsection (9), a copy of the registers must be published on a website determined by the Board. (9) The Executive Officer may, on application, on their own initiative or at the direction of the Board, exempt information from inclusion in the copy of the register published on a website if satisfied that the information consists of information the disclosure of which would be inappropriate for any reason. Division 2—Primary registration 28—Registration on general or specialist register (1) The Board may, on an application made in accordance with this Act, grant primary registration to the applicant if the Board is satisfied that the applicant is eligible for such registration. (2) Subject to this Act— (a) general registration under this Act authorises the person to provide veterinary services; and (b) specialist registration under this Act authorises the person to provide veterinary services in the specialty in which they are registered or taken to be registered. (3) A person cannot be on the specialist register unless the person is also on the general register. (4) Subject to this Act, an individual is eligible for registration on the general register, and an individual registered on the general register is eligible for registration on the specialist register in a particular specialty, if they satisfy the Board that— (a) they— (i) have qualifications recognised by the Board for the purposes of registration on the register to which the application relates; and (ii) have met the requirements determined by the Board to be necessary for the purposes of registration on that register; and (iii) are medically fit to provide veterinary services as a veterinarian; and (iv) are a fit and proper person to be registered on that register; and (b) they are, unless exempted by the Board, insured in accordance with this Act; and (c) they have, or propose to have, their principal place of residence in this State. (5) For the purposes of subsection (4)(a)(i), a person will be taken to have the qualifications recognised by the Board for the purposes of registration on a register to which the application relates if that person is recognised by the educational institution at or through which they are obtaining the qualifications as having completed the academic requirements for those qualifications, but has not yet had the relevant academic award conferred upon them. (6) An application for registration must— (7) An applicant for registration must, if the Board so requires— (b) verify, by statutory declaration, information furnished for the purposes of the application. (8) 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 services as a veterinarian; or (b) to obtain additional qualifications or experience specified by the Board before the Board determines the application. (9) The Board may, by notice in writing, impose conditions on a person's registration. (10) The Board may, at any time, on its own initiative by written notice to a person with primary registration or on application by a person with primary registration, vary or revoke a condition imposed by the Board on the person's registration. (11) 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 services as a veterinarian; or (c) is not, in the opinion of the Board, a fit and proper person to be registered on that register; or (d) does not, and does not propose to, have their 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 under this subsection (limited registration)— (e) 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 services or engage in other conduct as a veterinarian while visiting this State; or (f) if paragraph (a) applies but the person, in the opinion of the Board, has appropriate qualifications or experience in a particular area of veterinary practice obtained in an overseas jurisdiction—in order to enable the person to provide veterinary services or engage in other conduct as a veterinarian in that area of veterinary practice while residing in or visiting this State; or (g) if, in its opinion, it would otherwise be in the public interest to do so. (12) In registering a person under subsection (11), the Board may impose 1 or more of the following conditions on the registration: (a) a condition restricting the places or times at which the person may provide veterinary services as a veterinarian; (b) a condition limiting the kind of veterinary services that the person may provide as a veterinarian; (c) a condition limiting the kind of animal in relation to which the person may provide veterinary services as a veterinarian; (d) a condition limiting the period during which the registration will have effect; (e) a condition requiring that the person be supervised in the provision of veterinary services as a veterinarian by a particular person or by a person of a particular class; (f) such other conditions as the Board thinks fit. (13) If it appears likely to the Executive Officer that the Board will grant an application for registration, the Executive Officer may provisionally register the applicant (provisional registration). (14) Provisional registration remains in force until the Board determines the application. (15) The registration by the Board under this Act of a person who was provisionally registered has effect from the commencement of the provisional registration. (16) In the case of a veterinarian who— (a) is registered but is not practising; and (b) is intending to transition to practising, it will be taken to be a condition of their registration that they must comply with any reasonable requirements of the Board relating to that transition. (17) The Board must publish the requirements referred to in subsection (16) on a website determined by the Board. (18) 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. (19) A person who contravenes a condition imposed by the Board under this Act on the person's registration is guilty of an offence. 29—Veterinarian to inform Board of changes to certain information A veterinarian with primary registration must, within 3 months after changing their name, telephone number, email address or personal or business address, inform the Board in writing of the change. 30—Removal from register (1) The Executive Officer must, on application by a person, remove the person from the register or registers specified in the application. (2) The Executive Officer must remove from a register a person— (a) who dies; or (b) who ceases to hold a qualification required for registration on that register; or (c) who ceases for any other reason to be entitled to be registered on that register; or (d) whose registration on that register has been suspended or cancelled under this Act. (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 Executive Officer may act under subsection (2) or (3) without giving prior notice to the relevant person. (5) Without limiting subsection (2), the Executive Officer 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 7 Division 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 Executive Officer to remove the person from a 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. 31—Reinstatement on register (1) A person who has been removed from a register under this Act— (a) on their application; or (b) on account of failure to pay the prescribed practice fee or to furnish the return required under section 32; or (c) on account of the person ceasing to hold a qualification required for registration on that register or otherwise ceasing to be entitled to be registered on that register; 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 the appropriate register. (2) A person whose registration under this Division has been suspended may apply to the Board for reinstatement on the register. (3) However, subsection (2) does not apply— (a) in the case of an order for suspension for a specified period made in disciplinary proceedings under Part 7 Division 5—until after the expiry of that period; or (b) in relation to a person whose registration is suspended under section 38. (4) A person who has been disqualified from primary registration may, subject to the terms of the order for disqualification, apply to the Board for reinstatement on the appropriate register. (5) An application for reinstatement must— (6) An applicant for reinstatement must, if the Board so requires— (b) verify, by statutory declaration, information furnished for the purposes of the application. (7) 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 services as a veterinarian; or (b) to obtain additional qualifications or experience specified by the Board before the Board determines the application. (8) Subject to this section, the Board must reinstate an applicant on the appropriate register if satisfied that the applicant is eligible for registration on that register. (9) However, the Board may refuse to reinstate the applicant on a register until all complaints (if any) made or lodged in respect of the applicant under this Act have been finally disposed of. 32—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 prescribed fee for registration or reinstatement (as relevant), and the prescribed practice fee, have been paid. (2) A person with registration under this Division must, in each year before the date fixed for that purpose by the Board— (a) pay to the Board the prescribed practice fee; 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 services, or the undertaking of any course of continuing professional development, 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 from a register a person who fails to pay the prescribed practice fee, or furnish a return, required under this section by the due date.