Western Australian Bills Western Australian Bills[Index] [Search] [Download] [Related Items] [Help]
This is a Bill, not an Act. For current law, see the Acts databases.
Western Australia
Veterinary Practice Bill 2020
Contents
Part 1 -- Preliminary
1. Short title 2
2. Commencement 2
3. Terms used 2
4. Act binds Crown 8
Part 2 -- Registration of
veterinarians and
veterinary nurses
Division 1 -- Applications for registration
5. Application for registration 9
6. Application for renewal of registration 9
7. Board's powers in relation to application 10
8. Refusal of application 11
9. Non-standard application 11
Division 2 -- Requirements for registration
10. General registration as WA veterinarian 12
11. Specialist registration as WA veterinarian 12
12. Honorary registration as WA veterinarian 13
13. Limited registration as WA veterinarian 13
14. Registration as veterinary nurse 14
Division 3 -- Grant or renewal of registration
15. Grant of registration 15
16. Interim registration 15
17. Renewal of registration 16
18. Fit and proper person 16
19. Duration of registration 17
20. Registration of WA veterinarians affected by
decisions of interstate regulatory authorities 17
214--1 page i
Veterinary Practice Bill 2020
Contents
Division 4 -- Recognition of veterinarians
registered in other jurisdictions
21. Terms used 18
22. Recognition of veterinarians registered in other
jurisdictions 19
23. Registration of interstate veterinarians affected by
decisions of interstate regulatory authorities 20
Division 5 -- Conditions on registration
24. Conditions generally 20
25. Conditions imposed by Board 21
26. Modification or removal of conditions by Board 22
27. Condition of limited registration 23
Division 6 -- Cancellation or suspension of
registration
28. Cancellation of registration generally 23
29. Cancellation of registration by Board 23
30. Suspension of registration 24
Division 7 -- Show cause process and notice of
decisions
31. Show cause process for proposed decision 25
32. Notice of decision on registration or renewal of
registration 26
33. Notice of decision to impose, modify or remove
condition 26
34. Notice of decision to cancel registration 27
Part 3 -- Registration of veterinary
premises
Division 1 -- Applications for registration
35. Application for registration 28
36. Application for renewal of registration 28
37. Board's powers in relation to application 29
38. Refusal of application 29
Division 2 -- Requirements for registration
39. Requirements for registration of premises 30
Division 3 -- Grant or renewal of registration
40. Grant of registration 31
41. Interim registration 31
page ii
Veterinary Practice Bill 2020
Contents
42. Renewal of registration 32
43. Duration of registration 33
Division 4 -- Conditions on registration
44. Conditions generally 33
45. Conditions imposed by Board 34
46. Modification or removal of conditions by Board 34
Division 5 -- Cancellation of registration
47. Cancellation of registration by Board 35
Division 6 -- Show cause process and notice of
decisions
48. Show cause process for proposed decision 36
49. Notice of decision on registration or renewal of
registration 37
50. Notice of decision to impose, modify or remove
condition 38
51. Notice of decision to cancel registration 38
Part 4 -- The register
52. Register to be kept 39
53. Information to be recorded in register 39
54. Information about interstate veterinarians 41
55. Inspection of, and obtaining information from,
register 41
Part 5 -- Offences
Division 1 -- Practice of veterinary medicine
56. Carrying out acts of veterinary medicine 43
57. Employing or engaging persons to carry out acts of
veterinary medicine 44
58. Undue influence 46
Division 2 -- Conditions of registration or
authorisation
59. Contravention of conditions 47
Division 3 -- Carrying on a veterinary practice
business
60. Veterinary practice businesses to be carried on at
or from veterinary premises 47
page iii
Veterinary Practice Bill 2020
Contents
Division 4 -- False representations and use of
words and abbreviations
61. False representations about being veterinarian 48
62. False representations about being veterinary
specialist 49
63. False representations about being veterinary nurse 50
64. False representations about being authorised
person 51
65. Use of certain words and abbreviations 52
Division 5 -- Notice requirements
66. Notice about events relevant to person's
registration 53
67. Notice about changes of ownership of veterinary
practice business 55
68. Notice about change of veterinary supervisor 55
69. Requirements for notice under this Division 55
Part 6 -- Immediate action orders
70. Board may make immediate action order 56
71. Show cause process for proposed order 56
72. Notice of immediate action order 57
73. Duration of immediate action order 57
74. Board to take other necessary or appropriate action 58
75. Variation or revocation of immediate action order 58
Part 7 -- Complaints and discipline
Division 1 -- When this Part applies
76. Application of Part 59
77. Application to conduct of veterinarians 59
Division 2 -- Key concepts
78. Unprofessional conduct 60
79. Professional misconduct 61
80. Conduct capable of constituting unprofessional
conduct or professional misconduct 61
Division 3 -- Complaints
81. Making complaint 62
82. Time for complaint 63
83. Respondent to be notified about complaint 63
84. Board may deal with matter as complaint 64
page iv
Veterinary Practice Bill 2020
Contents
Division 4 -- Assessment of complaints
85. Board to assess complaint 65
86. Ways in which Board deals with complaint 65
87. Dismissing complaint 66
Division 5 -- Unprofessional conduct
Subdivision 1 -- Inquiries
88. Inquiry into complaint of unprofessional conduct 67
89. Hearings 67
90. Parties to inquiry 68
91. Evidence and witnesses 68
92. Representation at inquiry 68
93. Evidence and findings in other proceedings 68
94. Inquiry powers 69
95. Failure to comply with direction 70
96. Protection for compliance with direction 71
97. Disruption of inquiry 71
98. Immunity for person performing inquiry functions 71
Subdivision 2 -- Dealing with complaint after
inquiry
99. Board to decide how to deal with complaint 72
100. Orders following finding by Board 72
Division 6 -- State Administrative Tribunal
101. Powers of Tribunal to deal with complaint 73
102. Orders following finding by Tribunal 73
103. Interlocutory or interim orders 74
104. Board to give effect to orders of Tribunal 75
Division 7 -- Other matters
105. Examples of conditions 75
106. Records of action taken by Board 76
107. Order to pay costs and expenses of investigation or
inquiry 76
108. Notice of decisions or orders under this Part 77
Part 8 -- Investigation
Division 1 -- Inspectors
109. Designation of inspectors 78
110. Identity card 78
111. Production or display of identity card 78
page v
Veterinary Practice Bill 2020
Contents
Division 2 -- Investigation
112. Direction to conduct investigation 79
113. Entry powers 79
114. Powers after entering premises 80
115. Powers to obtain information 81
116. Failure to comply with direction 83
117. Obstruction 83
118. Assistance to person entering premises 84
Division 3 -- Entry warrants
119. Application for entry warrant 84
120. Issue of entry warrant 85
121. Duration of entry warrant 85
122. Effect of entry warrant 85
123. Execution of entry warrant 86
Part 9 -- Notification of impairment
124. Notification 87
125. Board to give notice of notification 87
126. Board to assess notification 88
127. Ways in which Board deals with notification 89
Part 10 -- Health assessments
128. Terms used 91
129. Health assessments 91
130. Show cause process for proposed requirement 92
131. Appointment of assessor 92
132. Report on health assessment 92
133. Copy of report and additional information to be
given to veterinary practitioner 93
134. Decision by Board 94
135. Fees of assessor 94
Part 11 -- Recording, disclosure or
use of information
136. Term used: disclose 96
137. Confidentiality 96
138. Authorised recording, disclosure or use of
information 96
139. Disclosure of information by Board to interstate
regulatory authority 97
page vi
Veterinary Practice Bill 2020
Contents
Part 12 -- Legal proceedings
Division 1 -- General provisions about legal
proceedings
140. Commencing legal proceedings 99
141. Time limit for commencing prosecutions 99
142. Liability of officers for offence by body corporate 100
143. Further provisions relating to liability of officers of
body corporate 101
144. Act does not affect legal professional privilege 101
145. Recovery of amounts due 101
Division 2 -- Evidence in legal proceedings
146. Certain matters taken to be proved 102
147. Evidence of certain matters may be stated in
certificate 103
148. Evidence Act 1906 not affected 104
Division 3 -- Additional orders
149. Court may make additional orders 104
Division 4 -- Review by State Administrative
Tribunal
150. Review of certain decisions 105
Part 13 -- Veterinary Practice Board
of Western Australia
Division 1 -- Establishment of Board
151. Board established 106
152. Membership of Board 106
153. Chairperson of Board 107
154. Deputy members 107
155. Remuneration and allowances of Board members 108
156. Leave of absence 108
157. Execution of documents by Board 108
Division 2 -- Functions, powers and delegation
158. Functions of Board 109
159. Powers of Board 110
160. Delegation by Board 110
Division 3 -- Staff
161. Registrar and other staff 111
page vii
Veterinary Practice Bill 2020
Contents
Division 4 -- Accountability provisions
162. Minister may give directions to Board 112
163. Minister to have access to information 112
Division 5 -- Constitution and procedures of
the Board
Subdivision 1 -- General provisions
164. Term of office 113
165. Vacancy in office 114
166. Holding meetings 115
167. Meetings generally closed to public 115
168. Quorum 115
169. Presiding at meetings 115
170. Procedure at meetings 116
171. Voting 116
172. Inviting consultant to participate in meeting 116
173. Holding meetings remotely 116
174. Resolution without meeting 116
175. Minutes 117
Subdivision 2 -- Committees
176. Establishment of committees 117
177. Membership of committee 117
178. Board may give directions to committee 117
179. Procedures and minutes 118
180. Remuneration and allowances of committee
members 118
Subdivision 3 -- Disclosure of material personal
interests
181. Term used: member 118
182. Disclosure of interests 118
183. Voting by interested member 119
184. Section 183 may be declared inapplicable 119
185. Quorum where s. 183 applies 120
186. Minister may declare s. 183 and 185 inapplicable 120
Division 6 -- Financial and reporting provisions
187. Funds of Board 120
188. Borrowing powers 121
189. Accounts and records 121
190. Audit 122
191. Annual report of Board 122
page viii
Veterinary Practice Bill 2020
Contents
Part 14 -- Miscellaneous
192. Arrangements between Board and interstate
regulatory authorities 124
193. False or misleading information 124
194. Protection from liability for persons performing
functions 125
195. Protection from liability for complainants, notifiers
and other persons 125
196. Regulations 126
197. Codes of practice 128
198. Breach of code of practice 129
199. Review of Act 130
Part 15 -- Repeals
200. Written laws repealed 131
Part 16 -- Transitional and
validation provisions
Division 1 -- Preliminary
201. Terms used 132
Division 2 -- Transitional matters
Subdivision 1 -- Registration, approvals and
authorisations
202. Registration of veterinary surgeons and specialists 132
203. Provisional registration of veterinary surgeons 133
204. Registration of bodies corporate ceases 134
205. Veterinary clinics and veterinary hospitals 134
206. Approved veterinary nurses 134
207. Authorised persons 135
208. Applications for registration or approval 135
209. Certificates of registration and approval 135
Subdivision 2 -- Investigations, inquiries and
proceedings
210. Investigation and inquiries under repealed Act 136
211. Current proceedings before Tribunal 137
Subdivision 3 -- The Board
212. Board a continuation of former Board 137
213. Members of former Board go out of office 137
214. First appointments to new Board 137
page ix
Veterinary Practice Bill 2020
Contents
215. Staff of former Board 137
216. Current proceedings involving former Board 138
217. Completion of things commenced 138
218. Continuing effect of things done 138
219. First annual report of Board 139
Subdivision 4 -- Miscellaneous matters
220. Register 139
221. Certain references to this Act include repealed Act 139
222. Interpretation Act 1984 not affected 139
223. Transitional regulations 140
Division 3 -- Validation
224. Validation provision 141
Part 17 -- Other Acts amended
225. Animal Welfare Act 2002 amended 142
226. Biosecurity and Agriculture Management Act 2007
amended 143
227. Cat Act 2011 amended 144
228. Constitution Acts Amendment Act 1899 amended 144
229. Dog Act 1976 amended 145
230. Exotic Diseases of Animals Act 1993 amended 146
231. Medicines and Poisons Act 2014 amended 147
232. Oaths, Affidavits and Statutory Declarations
Act 2005 amended 148
233. Retail Trading Hours Act 1987 amended 148
234. Sentencing Act 1995 amended 148
235. State Administrative Tribunal Act 2004 amended 149
236. Veterinary Chemical Control and Animal Feeding
Stuffs Act 1976 amended 149
Defined terms
page x
Western Australia
LEGISLATIVE COUNCIL
Veterinary Practice Bill 2020
A Bill for
An Act --
● to provide for the regulation of the practice of veterinary
medicine in Western Australia; and
● to facilitate the regulation of the practice of veterinary medicine
on a national basis; and
● to repeal the Veterinary Surgeons Act 1960 and the Veterinary
Surgeons Regulations 1979; and
● to make consequential amendments to various Acts; and
● for related purposes.
The Parliament of Western Australia enacts as follows:
page 1
Veterinary Practice Bill 2020
Part 1 Preliminary
s. 1
1 Part 1 -- Preliminary
2 1. Short title
3 This is the Veterinary Practice Act 2020.
4 2. Commencement
5 This Act comes into operation as follows --
6 (a) Part 1 -- on the day on which this Act receives the
7 Royal Assent;
8 (b) the rest of the Act -- on a day fixed by proclamation.
9 3. Terms used
10 In this Act --
11 animal means a vertebrate other than a human;
12 another jurisdiction means another State or a Territory;
13 approved means approved in writing;
14 authorised person means --
15 (a) a person who is authorised by the Board, in accordance
16 with the regulations, to carry out --
17 (i) an act of veterinary medicine; or
18 (ii) an act of veterinary medicine of a prescribed
19 class;
20 or
21 (b) a person of a prescribed class who is authorised by the
22 regulations to carry out --
23 (i) an act of veterinary medicine; or
24 (ii) an act of veterinary medicine of a prescribed
25 class;
26 Board means the Veterinary Practice Board of Western
27 Australia established by section 151(1);
28 Board member means a member of the Board;
page 2
Veterinary Practice Bill 2020
Preliminary Part 1
s. 3
1 category, in relation to registration, means a category listed in
2 section 5(1);
3 certificate of registration means --
4 (a) in relation to registration by the Board -- a certificate of
5 registration issued by the Board; or
6 (b) in relation to interstate registration -- a written form of
7 evidence of interstate registration issued under a
8 corresponding law;
9 chairperson means the chairperson of the Board;
10 committee means a committee established by the Board under
11 section 176(a);
12 complainant has the meaning given in section 81(4)(a);
13 complaint means a complaint made under section 81(1);
14 condition includes a restriction;
15 corresponding law means a law of another jurisdiction that --
16 (a) provides for the registration of veterinarians (however
17 described); and
18 (b) is prescribed to be a corresponding law for the purposes
19 of this Act;
20 director has the meaning given in the Corporations Act 2001
21 (Commonwealth) section 9;
22 disciplinary action means --
23 (a) an order made under Part 7; or
24 (b) an order made in professional disciplinary proceedings
25 by an interstate regulatory authority;
26 document --
27 (a) means any record of information, irrespective of how
28 the information is recorded or stored or able to be
29 recovered; and
page 3
Veterinary Practice Bill 2020
Part 1 Preliminary
s. 3
1 (b) includes --
2 (i) any thing from which images, sounds or writings
3 can be reproduced, with or without the aid of
4 anything else; and
5 (ii) any thing on which information is recorded or
6 stored, whether electronically, magnetically,
7 mechanically or by some other means;
8 entry warrant means an entry warrant issued under
9 section 120(1);
10 health assessment --
11 (a) means an assessment of a person to determine whether
12 the person has an impairment; and
13 (b) includes a medical, physical, psychiatric or
14 psychological examination or test of the person;
15 immediate action order means an immediate action order made
16 under section 70(1);
17 impairment, in relation to a person, means a physical or mental
18 impairment, disability, condition or disorder (including
19 substance abuse or dependence) that detrimentally affects or is
20 likely to detrimentally affect --
21 (a) if the person is a veterinarian or an applicant for
22 registration as a WA veterinarian -- the person's
23 capacity to practise veterinary medicine; or
24 (b) if the person is a veterinary nurse or an applicant for
25 registration as a veterinary nurse -- the person's
26 capacity to practise as a veterinary nurse;
27 inquiry means an inquiry into a complaint under section 88(1);
28 inspector means a person who is designated an inspector under
29 section 109(1);
30 interstate registration has the meaning given in section 21;
31 interstate regulatory authority means a regulatory authority of
32 another participating jurisdiction;
page 4
Veterinary Practice Bill 2020
Preliminary Part 1
s. 3
1 interstate veterinarian means --
2 (a) a person who, under section 22(1), is taken to hold
3 general registration as a WA veterinarian; or
4 (b) a person who, under section 22(2), is taken to hold
5 specialist registration as a WA veterinarian;
6 investigation means an investigation under Part 8 Division 2;
7 investigative purposes has the meaning given in section 112;
8 legal practitioner means an Australian legal practitioner as
9 defined in the Legal Profession Act 2008 section 3;
10 medical practitioner means a person registered under the
11 Health Practitioner Regulation National Law (Western
12 Australia) in the medical profession;
13 notification means a notification made under section 124(1);
14 notifier has the meaning given in section 124(3)(a);
15 officer, of a body corporate --
16 (a) means an individual who is an officer, as defined in the
17 Corporations Act 2001 (Commonwealth) section 9, of
18 the body corporate; but
19 (b) does not include an employee of the body corporate
20 unless the employee is concerned in the management of
21 the body corporate;
22 Part 2 application means an application made under Part 2
23 Division 1 for registration or renewal of registration;
24 Part 3 application means an application made under Part 3
25 Division 1 for registration or renewal of registration;
26 participating jurisdiction means this State or another
27 jurisdiction in which a corresponding law is in force;
28 personal information has the meaning given in the Freedom of
29 Information Act 1992 in the Glossary clause 1;
page 5
Veterinary Practice Bill 2020
Part 1 Preliminary
s. 3
1 practice owner --
2 (a) means --
3 (i) in relation to a veterinary practice business -- a
4 person who carries on the business; or
5 (ii) in relation to premises -- a person who carries
6 on a veterinary practice business at or from the
7 premises;
8 and
9 (b) includes a person who is --
10 (i) a partner in a partnership that carries on a
11 veterinary practice business; or
12 (ii) a director of a body corporate that carries on a
13 veterinary practice business;
14 premises includes the following --
15 (a) land;
16 (b) the whole or part of a building or structure (whether of a
17 permanent or temporary nature);
18 (c) a vehicle;
19 prescribed means prescribed by the regulations;
20 professional misconduct has the meaning given in section 79;
21 psychologist means a person registered under the Health
22 Practitioner Regulation National Law (Western Australia) in
23 the psychology profession;
24 register means the register kept under section 52(1);
25 registered practice owner, for veterinary premises, means the
26 person in whose name the veterinary premises are registered;
27 registrar means the person employed or engaged under
28 section 161(1)(a);
page 6
Veterinary Practice Bill 2020
Preliminary Part 1
s. 3
1 registration --
2 (a) in relation to a person --
3 (i) means registration under Part 2 as a
4 WA veterinarian in 1 or more categories of
5 registration or as a veterinary nurse; and
6 (ii) if the person is an interstate veterinarian -- has a
7 meaning affected by section 22;
8 or
9 (b) in relation to premises -- means registration under
10 Part 3 as veterinary premises;
11 regulatory authority means --
12 (a) in relation to this State -- the Board or the Tribunal; or
13 (b) in relation to another participating jurisdiction -- a
14 person or body whose functions under a law of that
15 jurisdiction correspond closely to the functions of the
16 Board or the Tribunal under this Act;
17 respondent means a person who is the subject of a complaint;
18 specialty means a branch of veterinary medicine that is
19 accredited as a specialty under, or in the manner prescribed by,
20 the regulations;
21 Tribunal means the State Administrative Tribunal;
22 unprofessional conduct has the meaning given in section 78;
23 veterinarian means --
24 (a) a WA veterinarian; or
25 (b) an interstate veterinarian;
26 veterinary medicine --
27 (a) includes, but is not limited to, the following --
28 (i) diagnosing diseases or physiological conditions
29 in, and injuries to, animals;
30 (ii) medical treatment of animals;
31 (iii) performing surgical procedures on animals;
page 7
Veterinary Practice Bill 2020
Part 1 Preliminary
s. 4
1 (iv) administering anaesthetics to animals;
2 (v) an act of a kind prescribed as being an act of
3 veterinary medicine;
4 but
5 (b) does not include an act of a kind prescribed as not being
6 an act of veterinary medicine;
7 veterinary nurse means a person registered under Part 2 as a
8 veterinary nurse;
9 veterinary practice business means a business that --
10 (a) involves the practice of veterinary medicine by 1 or
11 more veterinarians; and
12 (b) may supply goods and services relating to the practice of
13 veterinary medicine;
14 veterinary premises means premises registered under Part 3;
15 veterinary specialist means --
16 (a) a person who holds specialist registration as a
17 WA veterinarian; or
18 (b) a person who, under section 22(2), is taken to hold
19 specialist registration as a WA veterinarian;
20 veterinary supervisor means a WA veterinarian appointed to be
21 the veterinary supervisor for veterinary premises;
22 WA veterinarian means a person registered under Part 2 as a
23 WA veterinarian.
24 4. Act binds Crown
25 This Act binds the Crown in right of Western Australia and, so
26 far as the legislative power of the Parliament permits, the Crown
27 in all its other capacities.
page 8
Veterinary Practice Bill 2020
Registration of veterinarians and veterinary nurses Part 2
Applications for registration Division 1
s. 5
1 Part 2 -- Registration of veterinarians and
2 veterinary nurses
3 Division 1 -- Applications for registration
4 5. Application for registration
5 (1) A person may apply to the Board for registration in 1 of the
6 following categories --
7 (a) general registration as a WA veterinarian;
8 (b) specialist registration as a WA veterinarian in a
9 particular speciality;
10 (c) honorary registration as a WA veterinarian;
11 (d) limited registration as a WA veterinarian;
12 (e) registration as a veterinary nurse.
13 (2) The application must --
14 (a) be made in writing in the form approved by the Board;
15 and
16 (b) specify the category of registration that is being applied
17 for; and
18 (c) be accompanied by evidence that the applicant meets the
19 requirements for registration described in Division 2 for
20 the category of registration that is being applied for; and
21 (d) be accompanied by --
22 (i) the prescribed application fee; and
23 (ii) the prescribed registration fee;
24 and
25 (e) comply with the prescribed requirements (if any).
26 6. Application for renewal of registration
27 (1) A person may apply to the Board for the renewal of registration.
page 9
Veterinary Practice Bill 2020
Part 2 Registration of veterinarians and veterinary nurses
Division 1 Applications for registration
s. 7
1 (2) The application must --
2 (a) be made in writing in the form approved by the Board;
3 and
4 (b) be made not later than 1 month after the day on which
5 the registration to which it relates expires; and
6 (c) specify the registration to which it relates; and
7 (d) be accompanied by --
8 (i) the prescribed application fee; and
9 (ii) if it is made after the day referred to in
10 paragraph (b) -- the prescribed additional fee
11 (which cannot be more than 50% of the
12 prescribed application fee); and
13 (iii) the prescribed registration fee;
14 and
15 (e) comply with the prescribed requirements (if any).
16 7. Board's powers in relation to application
17 (1) The Board may, by written notice given to an applicant under
18 this Division, require the applicant to do 1 or more of the
19 following --
20 (a) give the Board, within a period specified in the notice,
21 any further information relevant to the application that
22 the Board requires;
23 (b) verify by statutory declaration any information given to
24 the Board;
25 (c) give the Board, within a period specified in the notice,
26 the applicant's written consent to seek, from another
27 person or body specified by the Board, information
28 relevant to the application;
29 (d) attend before the Board, at a place and time specified in
30 the notice, for the purpose of satisfying the Board as to
31 any matter relevant to the application.
page 10
Veterinary Practice Bill 2020
Registration of veterinarians and veterinary nurses Part 2
Applications for registration Division 1
s. 8
1 (2) In addition, the Board may, under section 129(1), require the
2 applicant to undergo a health assessment.
3 8. Refusal of application
4 (1) The Board may refuse a Part 2 application if --
5 (a) the application is not made in accordance with the
6 requirements of this Division; or
7 (b) the applicant does not comply with a requirement under
8 section 7(1) or 129(1).
9 (2) Subsection (1) does not limit the grounds on which the Board
10 can refuse a Part 2 application.
11 (3) If the Board refuses a Part 2 application, the Board must refund
12 the registration fee that accompanied it.
13 9. Non-standard application
14 (1) The Board may determine that a Part 2 application is a
15 non-standard application if it is satisfied that consideration of
16 the application will require substantially more time and
17 resources than would usually be required for the consideration
18 of a Part 2 application.
19 (2) If the Board makes a determination under subsection (1), it
20 must --
21 (a) give the applicant written notice of the determination;
22 and
23 (b) not give the application further consideration without
24 the written agreement of the applicant.
25 (3) The notice under subsection (2)(a) must --
26 (a) be given as soon as practicable after the making of the
27 determination; and
28 (b) contain short particulars of the reasons for the
29 determination; and
page 11
Veterinary Practice Bill 2020
Part 2 Registration of veterinarians and veterinary nurses
Division 2 Requirements for registration
s. 10
1 (c) give details of any additional fee payable in respect of a
2 non-standard application; and
3 (d) inform the applicant of the effect of subsection (2)(b)
4 and specify the period within which the applicant's
5 written agreement must be provided to the Board.
6 (4) The regulations may prescribe additional fees payable in respect
7 of non-standard applications.
8 Division 2 -- Requirements for registration
9 10. General registration as WA veterinarian
10 The requirements for general registration as a WA veterinarian
11 are as follows --
12 (a) the person holds a veterinary qualification recognised by
13 the Board for general registration;
14 (b) the person's principal place of residence is, or is
15 proposed to be, in this State;
16 (c) the person has sufficient physical and mental capacity to
17 practise veterinary medicine competently and safely;
18 (d) the person is sufficiently proficient in the English
19 language, both written and oral, to practise veterinary
20 medicine competently and safely;
21 (e) the person is a fit and proper person to hold registration
22 as a WA veterinarian;
23 (f) the person meets the prescribed requirements (if any) for
24 general registration.
25 11. Specialist registration as WA veterinarian
26 The requirements for specialist registration as a
27 WA veterinarian in a particular specialty are as follows --
28 (a) the person holds general registration or honorary
29 registration as a WA veterinarian;
page 12
Veterinary Practice Bill 2020
Registration of veterinarians and veterinary nurses Part 2
Requirements for registration Division 2
s. 12
1 (b) the person holds a veterinary qualification recognised by
2 the Board for registration in the specialty;
3 (c) the person has sufficient practical experience in the
4 specialty;
5 (d) the person meets the prescribed requirements (if any) for
6 registration in the specialty.
7 12. Honorary registration as WA veterinarian
8 (1) The requirements for honorary registration as a WA veterinarian
9 are as follows --
10 (a) the person meets the requirements for general
11 registration as a WA veterinarian described in
12 section 10;
13 (b) the person --
14 (i) has standing in the profession of veterinary
15 science that justifies the honorary registration of
16 the person; and
17 (ii) has held registration as a veterinarian for at least
18 40 years.
19 (2) The reference in subsection (1)(b)(ii) to registration includes
20 registration or authorisation (however described) under --
21 (a) a corresponding law; or
22 (b) a law of another country that deals with the regulation of
23 veterinary medicine (however described).
24 13. Limited registration as WA veterinarian
25 (1) The requirements for limited registration as a WA veterinarian
26 are as follows --
27 (a) the person seeks registration for a purpose described in
28 subsection (2);
29 (b) the person holds --
30 (i) a veterinary qualification recognised by the
31 Board for limited registration; or
page 13
Veterinary Practice Bill 2020
Part 2 Registration of veterinarians and veterinary nurses
Division 2 Requirements for registration
s. 14
1 (ii) a veterinary qualification that the Board
2 considers equivalent to a qualification recognised
3 under subparagraph (i) or that is otherwise
4 acceptable to the Board;
5 (c) the person has sufficient physical and mental capacity to
6 practise veterinary medicine competently and safely;
7 (d) the person is sufficiently proficient in the English
8 language, both written and oral, to practise veterinary
9 medicine competently and safely;
10 (e) the person is a fit and proper person to hold registration
11 as a WA veterinarian;
12 (f) the person meets the prescribed requirements (if any) for
13 limited registration.
14 (2) A person may be eligible for limited registration as a WA
15 veterinarian for any of the following purposes --
16 (a) to undertake a postgraduate course, or other training, in
17 veterinary medicine in this State;
18 (b) to teach, or demonstrate methods and techniques of,
19 veterinary medicine in this State;
20 (c) to perform in this State a particular veterinary
21 procedure, or procedures of a particular kind, for a
22 limited period;
23 (d) to assist in controlling or managing a veterinary
24 emergency, such as the outbreak of a disease in this
25 State;
26 (e) any other purpose approved by the Board.
27 14. Registration as veterinary nurse
28 The requirements for registration as a veterinary nurse are as
29 follows --
30 (a) the person holds a qualification in veterinary nursing
31 recognised by the Board;
page 14
Veterinary Practice Bill 2020
Registration of veterinarians and veterinary nurses Part 2
Grant or renewal of registration Division 3
s. 15
1 (b) the person has sufficient physical and mental capacity to
2 practise as a veterinary nurse competently and safely;
3 (c) the person is sufficiently proficient in the English
4 language, both written and oral, to practise as a
5 veterinary nurse competently and safely;
6 (d) the person is a fit and proper person to hold registration
7 as a veterinary nurse;
8 (e) the person meets the prescribed requirements (if any) for
9 registration as a veterinary nurse.
10 Division 3 -- Grant or renewal of registration
11 15. Grant of registration
12 The Board, on an application under section 5(1), must grant
13 registration in a particular category if the Board is satisfied that
14 the applicant meets the requirements for registration described
15 in Division 2 for registration in that category.
16 16. Interim registration
17 (1) The Board, on an application under section 5(1), may grant
18 interim registration in a particular category while assessing
19 whether the applicant meets the requirements described in
20 Division 2 for registration in that category.
21 (2) The Board may only grant interim registration under
22 subsection (1) if satisfied that it is highly likely that the
23 applicant will meet the requirements described in Division 2 for
24 registration in that category.
25 (3) Interim registration granted under subsection (1) has effect until
26 whichever of the following occurs first --
27 (a) the person's application for registration is granted or
28 refused by the Board;
29 (b) the period, not exceeding 3 months, specified in the
30 person's certificate of interim registration expires.
page 15
Veterinary Practice Bill 2020
Part 2 Registration of veterinarians and veterinary nurses
Division 3 Grant or renewal of registration
s. 17
1 17. Renewal of registration
2 (1) The Board, on an application under section 6(1), must renew the
3 registration of a person in a particular category if the Board is
4 satisfied that the person --
5 (a) continues to meet the requirements described in
6 Division 2 for registration in that category; and
7 (b) is complying with the conditions (if any) to which the
8 person's registration is subject; and
9 (c) has met any requirements for the renewal of registration
10 prescribed in respect of that category of registration.
11 (2) If a person applies under section 6(1) before the day on which
12 the person's registration expires but the Board does not give the
13 person notice of its decision on the application on or before that
14 day, the person's registration is taken to continue in force from
15 that day until the day on which the Board gives the person
16 notice of its decision.
17 (3) If a person does not apply under section 6(1) before the day on
18 which the person's registration expires, the person's registration
19 is taken to continue in force until --
20 (a) the end of the period of 1 month after that day; or
21 (b) if the person applies under section 6(1) within the period
22 referred to in paragraph (a), the day on which the Board
23 gives the person notice of its decision on the application.
24 18. Fit and proper person
25 In determining whether a person is a fit and proper person to
26 hold registration, the Board must have regard to the
27 following --
28 (a) the person's history of compliance with the following --
29 (i) this Act and the Acts referred to in section 80(c);
30 (ii) a corresponding law;
page 16
Veterinary Practice Bill 2020
Registration of veterinarians and veterinary nurses Part 2
Grant or renewal of registration Division 3
s. 19
1 (iii) a law of another country that deals with the
2 regulation of veterinary medicine (however
3 described);
4 (b) any decision under this Act or another Act or law
5 referred to in paragraph (a) to refuse, refuse to renew,
6 suspend or cancel a licence, approval, registration,
7 certification or other authorisation (however described)
8 granted to the person under the Act or law;
9 (c) the person's criminal history to the extent that it is
10 relevant to the person's suitability to practise as a
11 veterinarian or veterinary nurse;
12 (d) any behaviour of the person that shows that the person is
13 not of good fame and character;
14 (e) whether the person has contravened an order of a
15 regulatory authority;
16 (f) whether the person has engaged in conduct that is
17 unprofessional conduct or professional misconduct;
18 (g) whether the person has failed to pay any fines, fees,
19 costs or expenses for which the person is liable under
20 this Act.
21 19. Duration of registration
22 Subject to this Act, registration of a person (other than interim
23 registration) has effect for the shorter of the following --
24 (a) the prescribed period;
25 (b) the period (if any) specified in the person's certificate of
26 registration.
27 20. Registration of WA veterinarians affected by decisions of
28 interstate regulatory authorities
29 (1) If, under a corresponding law, the registration (however
30 described) of a WA veterinarian is affected by a decision
31 (however described) of an interstate regulatory authority,
32 whether as a result of disciplinary action or otherwise, the
page 17
Veterinary Practice Bill 2020
Part 2 Registration of veterinarians and veterinary nurses
Division 4 Recognition of veterinarians registered in other jurisdictions
s. 21
1 registration of the WA veterinarian under this Act is taken to be
2 affected in the same way.
3 (2) Without limiting subsection (1), a decision affects the
4 registration of a WA veterinarian if it has any of the following
5 effects --
6 (a) imposes a condition on registration;
7 (b) modifies or otherwise affects a condition on registration;
8 (c) cancels, suspends or amends registration;
9 (d) reinstates, modifies or otherwise affects registration that
10 is, or was, cancelled or suspended;
11 (e) disqualifies the veterinarian from practising, or applying
12 for registration, as a veterinarian.
13 Division 4 -- Recognition of veterinarians registered in
14 other jurisdictions
15 21. Terms used
16 In this Division --
17 corresponding specialty, in relation to a particular specialty
18 (the WA specialty), means a branch of veterinary medicine
19 that --
20 (a) is a specialty (however described) under a
21 corresponding law; and
22 (b) is approved by the Board as corresponding to the
23 WA specialty;
24 interstate registration means registration, or another form of
25 authorisation, as a veterinarian (however described) under a
26 corresponding law of a participating jurisdiction to practise
27 veterinary medicine (however described) in that jurisdiction.
page 18
Veterinary Practice Bill 2020
Registration of veterinarians and veterinary nurses Part 2
Recognition of veterinarians registered in other jurisdictions Division 4
s. 22
1 22. Recognition of veterinarians registered in other jurisdictions
2 (1) A person is taken to hold general registration as a
3 WA veterinarian under this Act if --
4 (a) the person has interstate registration of a type that is
5 recognised by the Board, in accordance with the
6 regulations, as substantially the same as general
7 registration granted under this Act; and
8 (b) the person practises veterinary medicine in this State;
9 and
10 (c) subsection (3) applies in respect of the person or the
11 person's principal place of residence is not in this State.
12 (2) A person is taken to hold specialist registration as a
13 WA veterinarian in a particular specialty under this Act if --
14 (a) the person has interstate registration of a type that is
15 recognised by the Board, in accordance with the
16 regulations, as substantially the same as specialist
17 registration granted under this Act; and
18 (b) the person holds that interstate registration in a
19 corresponding specialty; and
20 (c) the person practises veterinary medicine in this State;
21 and
22 (d) subsection (3) applies in respect of the person or the
23 person's principal place of residence is not in this State.
24 (3) This subsection applies in respect of a person if --
25 (a) the person's principal place of residence has been in this
26 State for a period not exceeding 3 months; and
27 (b) the person's interstate registration has not been renewed
28 while the person's principal place of residence has been
29 in this State.
page 19
Veterinary Practice Bill 2020
Part 2 Registration of veterinarians and veterinary nurses
Division 5 Conditions on registration
s. 23
1 23. Registration of interstate veterinarians affected by decisions
2 of interstate regulatory authorities
3 (1) If an interstate veterinarian's interstate registration is affected
4 by a decision (however described) of an interstate regulatory
5 authority, whether as a result of disciplinary action or otherwise,
6 the registration of the interstate veterinarian under section 22 is
7 taken to be affected in the same way.
8 (2) Without limiting subsection (1), a decision affects the
9 registration of an interstate veterinarian if it has any of the
10 following effects --
11 (a) imposes a condition on registration;
12 (b) modifies or otherwise affects a condition on registration;
13 (c) cancels, suspends or amends registration;
14 (d) reinstates, modifies or otherwise affects registration that
15 is, or was, cancelled or suspended;
16 (e) disqualifies the veterinarian from practising, or applying
17 for registration, as a veterinarian.
18 (3) This Act applies in respect of the registration of an interstate
19 veterinarian affected by a decision of an interstate regulatory
20 authority under subsection (1) as if the decision had been made
21 by a regulatory authority of this State.
22 Division 5 -- Conditions on registration
23 24. Conditions generally
24 (1) The registration of a person is subject to any condition that --
25 (a) under section 20(1) or 23(1) is taken to affect the
26 registration; or
27 (b) is imposed by the Board under section 25(1); or
28 (c) is provided for in section 27 or in regulations referred to
29 in subsection (2); or
30 (d) is imposed by an order made under Part 7; or
page 20
Veterinary Practice Bill 2020
Registration of veterinarians and veterinary nurses Part 2
Conditions on registration Division 5
s. 25
1 (e) is imposed by an immediate action order.
2 (2) The regulations may provide for --
3 (a) conditions on the registration of a person as a
4 veterinarian or veterinary nurse; and
5 (b) different conditions in relation to registration in different
6 categories.
7 25. Conditions imposed by Board
8 (1) The Board may, if it considers there are reasonable grounds for
9 doing so, impose conditions on the registration of a person --
10 (a) when granting or renewing the registration; or
11 (b) during the currency of the registration.
12 (2) Without limiting subsection (1), the following are examples of
13 conditions that can be imposed on a person's registration --
14 (a) a condition requiring the person to complete a specified
15 course of further veterinary education;
16 (b) a condition requiring the person to undertake a specified
17 period of practice or work under specified supervision;
18 (c) a condition requiring the person to do or refrain from
19 doing something in connection with veterinary
20 medicine;
21 (d) a condition requiring the person to undergo specified
22 counselling or medical treatment or to act in accordance
23 with specified medical advice concerning the person;
24 (e) if the person is a veterinarian, a condition requiring that
25 the practice by the person of veterinary medicine, or the
26 person's veterinary practice business --
27 (i) be conducted for a specified period in a specified
28 way or subject to specified conditions; or
29 (ii) be subject to periodic inspection for a specified
30 period.
page 21
Veterinary Practice Bill 2020
Part 2 Registration of veterinarians and veterinary nurses
Division 5 Conditions on registration
s. 26
1 (3) A decision under subsection (1) to impose a condition on a
2 person's registration during the currency of the registration
3 takes effect on the later of the following --
4 (a) the day on which notice of the decision is given to the
5 person under section 33(1);
6 (b) the day (if any) specified in the notice.
7 (4) A condition imposed on the registration of an interstate
8 veterinarian must be --
9 (a) no more onerous than would be imposed on a
10 WA veterinarian under this Act in the same or similar
11 circumstances; and
12 (b) relevant to the practice of veterinary medicine by the
13 interstate veterinarian in this State.
14 26. Modification or removal of conditions by Board
15 (1) The Board may, if it considers there are reasonable grounds for
16 doing so, modify or remove a condition imposed on the
17 registration of a person.
18 (2) The Board may exercise the power in subsection (1) --
19 (a) on the application of the person who holds the
20 registration; or
21 (b) on its own initiative.
22 (3) The Board must not exercise the power in subsection (1) in
23 relation to a condition imposed or modified by an interstate
24 regulatory authority without the consent of that authority.
25 (4) A decision under subsection (1) to modify or remove a
26 condition on a person's registration takes effect on the later of
27 the following --
28 (a) the day on which notice of the decision is given to the
29 person under section 33(1);
30 (b) the day (if any) specified in the notice.
page 22
Veterinary Practice Bill 2020
Registration of veterinarians and veterinary nurses Part 2
Cancellation or suspension of registration Division 6
s. 27
1 27. Condition of limited registration
2 It is a condition of limited registration as a WA veterinarian that
3 the person --
4 (a) must not practise veterinary medicine other than for the
5 purpose described in section 13(2) for which the
6 registration is granted; and
7 (b) must practise veterinary medicine in this State only.
8 Division 6 -- Cancellation or suspension of registration
9 28. Cancellation of registration generally
10 (1) The registration of a veterinarian may be cancelled in any of the
11 following ways --
12 (a) by a decision of an interstate regulatory authority that
13 under section 20(1) or 23(1) is taken to affect the
14 veterinarian's registration by cancelling it;
15 (b) by a decision of the Board under section 29(1) or (3);
16 (c) by an order made by the Tribunal under Part 7
17 Division 6.
18 (2) The registration of a veterinary nurse may be cancelled in either
19 of the following ways --
20 (a) by a decision of the Board under section 29(1) or (3);
21 (b) by an order made by the Tribunal under Part 7
22 Division 6.
23 29. Cancellation of registration by Board
24 (1) The Board must cancel the registration of a person as soon as
25 possible after the Board becomes aware that the person is not
26 entitled to be registered.
page 23
Veterinary Practice Bill 2020
Part 2 Registration of veterinarians and veterinary nurses
Division 6 Cancellation or suspension of registration
s. 30
1 (2) A person is not entitled to be registered if --
2 (a) a qualification that enabled the person to gain
3 registration has been withdrawn or cancelled by the
4 body that conferred the qualification; or
5 (b) a qualification that enabled the person to gain
6 registration was forged or fraudulently obtained; or
7 (c) the person is in arrears in respect of fees due and
8 payable under this Act.
9 (3) The Board must cancel the registration of a person at the written
10 request of the person.
11 (4) A decision under subsection (1) or (3) to cancel a person's
12 registration takes effect on the later of the following --
13 (a) the day on which notice of the decision is given to the
14 person under section 34(1);
15 (b) the day (if any) specified in the notice.
16 30. Suspension of registration
17 (1) The registration of a veterinarian may be suspended in any of
18 the following ways --
19 (a) by a decision of an interstate regulatory authority that
20 under section 20(1) or 23(1) is taken to affect the
21 veterinarian's registration by suspending it;
22 (b) by an order made by the Tribunal under Part 7
23 Division 6;
24 (c) by an immediate action order.
25 (2) The registration of a veterinary nurse may be suspended in
26 either of the following ways --
27 (a) by an order made by the Tribunal under Part 7
28 Division 6;
29 (b) by an immediate action order.
page 24
Veterinary Practice Bill 2020
Registration of veterinarians and veterinary nurses Part 2
Show cause process and notice of decisions Division 7
s. 31
1 (3) If a person's registration is suspended, the person is taken not to
2 be registered under this Act, other than for the purposes of
3 Part 5 Division 5 and Part 7, for the period of the suspension.
4 Division 7 -- Show cause process and notice of decisions
5 31. Show cause process for proposed decision
6 (1) This section applies to the following decisions --
7 (a) a decision on a Part 2 application --
8 (i) to refuse to grant or renew registration; or
9 (ii) to grant or renew registration in respect of a
10 category of registration other than the category
11 applied for;
12 (b) a decision under section 25(1) to impose a condition on
13 a person's registration during the currency of the
14 registration;
15 (c) a decision under section 26(1), on the Board's own
16 initiative, to modify a condition on a person's
17 registration.
18 (2) If the Board proposes to make a decision to which this section
19 applies, the Board must give the applicant or person who holds
20 the registration, as the case requires, written notice of the
21 proposed decision.
22 (3) The notice must invite the person to whom it is given to make a
23 written submission to the Board about the proposed decision
24 within a reasonable period specified in the notice.
25 (4) The Board must have regard to any submission made in
26 accordance with the notice in deciding whether to make the
27 proposed decision.
page 25
Veterinary Practice Bill 2020
Part 2 Registration of veterinarians and veterinary nurses
Division 7 Show cause process and notice of decisions
s. 32
1 32. Notice of decision on registration or renewal of registration
2 (1) The Board must give the applicant written notice of its decision
3 on a Part 2 application as soon as practicable after making the
4 decision.
5 (2) If the decision is to grant or renew registration, the notice must
6 contain the following --
7 (a) the category of registration granted or renewed;
8 (b) the period for which registration is granted or renewed;
9 (c) the registration number;
10 (d) any conditions imposed by the Board on the registration;
11 (e) if a condition is imposed --
12 (i) the reasons for the imposition of the condition;
13 and
14 (ii) a statement that the applicant may apply under
15 section 150(2) for a review of the decision to
16 impose the condition.
17 (3) If the decision is to refuse to grant or renew registration, the
18 notice must contain the following --
19 (a) the reasons for the decision;
20 (b) a statement that the applicant may apply under
21 section 150(2) for a review of the decision.
22 33. Notice of decision to impose, modify or remove condition
23 (1) The Board must give a person written notice of any of the
24 following decisions as soon as practicable after making the
25 decision --
26 (a) a decision under section 25(1) to impose a condition on
27 the person's registration during the currency of the
28 registration;
29 (b) a decision under section 26(1) to modify or remove a
30 condition on the person's registration.
page 26
Veterinary Practice Bill 2020
Registration of veterinarians and veterinary nurses Part 2
Show cause process and notice of decisions Division 7
s. 34
1 (2) The notice must contain the following --
2 (a) the reasons for the decision;
3 (b) if the decision is to impose or modify a condition, a
4 statement that the person may apply under
5 section 150(2) for a review of the decision.
6 34. Notice of decision to cancel registration
7 (1) The Board must give a person written notice of a decision to
8 cancel the person's registration under section 29(1) or (3) as
9 soon as practicable after making the decision.
10 (2) In the case of a decision under section 29(1), the notice must
11 contain the following --
12 (a) the reasons for the decision, with reference to the
13 relevant paragraph of section 29(2);
14 (b) a statement that the person may apply under
15 section 150(2) for a review of the decision.
page 27
Veterinary Practice Bill 2020
Part 3 Registration of veterinary premises
Division 1 Applications for registration
s. 35
1 Part 3 -- Registration of veterinary premises
2 Division 1 -- Applications for registration
3 35. Application for registration
4 (1) A person who is, or proposes to be, a practice owner in relation
5 to premises may apply to the Board for registration of the
6 premises as veterinary premises.
7 (2) The application must --
8 (a) be made in writing in the form approved by the Board;
9 and
10 (b) specify the premises to which the application relates;
11 and
12 (c) be accompanied by evidence that the applicant and the
13 premises meet the requirements for registration
14 described in Division 2; and
15 (d) be accompanied by --
16 (i) the prescribed application fee; and
17 (ii) the prescribed registration fee;
18 and
19 (e) comply with the prescribed requirements (if any).
20 36. Application for renewal of registration
21 (1) A person who is the registered practice owner for veterinary
22 premises may apply to the Board for the renewal of registration
23 of the premises.
24 (2) The application must --
25 (a) be made in writing in the form approved by the Board;
26 and
27 (b) be made not later than 1 month after the day on which
28 the registration to which it relates expires; and
29 (c) specify the registration to which it relates; and
page 28
Veterinary Practice Bill 2020
Registration of veterinary premises Part 3
Applications for registration Division 1
s. 37
1 (d) be accompanied by --
2 (i) the prescribed application fee; and
3 (ii) if it is made after the day referred to in
4 paragraph (b) -- the prescribed additional fee
5 (which cannot be more than 50% of the
6 prescribed application fee); and
7 (iii) the prescribed registration fee;
8 and
9 (e) comply with the prescribed requirements (if any).
10 37. Board's powers in relation to application
11 The Board may, by written notice given to an applicant under
12 this Division, require the applicant to do 1 or more of the
13 following --
14 (a) give the Board, within a period specified in the notice,
15 any further information relevant to the application that
16 the Board requires;
17 (b) verify by statutory declaration any information provided
18 to the Board;
19 (c) agree with the Board as to a mutually convenient time
20 for the inspection of the proposed veterinary premises;
21 (d) give the Board, within a period specified in the notice,
22 the applicant's written consent to seek, from another
23 person or body specified by the Board, information
24 relevant to the application;
25 (e) attend before the Board, at a place and time specified in
26 the notice, for the purpose of satisfying the Board as to
27 any matter relevant to the application.
28 38. Refusal of application
29 (1) The Board may refuse a Part 3 application if --
30 (a) the application is not made in accordance with the
31 requirements of this Division; or
page 29
Veterinary Practice Bill 2020
Part 3 Registration of veterinary premises
Division 2 Requirements for registration
s. 39
1 (b) the applicant does not comply with a requirement under
2 section 37.
3 (2) Subsection (1) does not limit the grounds on which the Board
4 can refuse a Part 3 application.
5 (3) If the Board refuses a Part 3 application, the Board must refund
6 the registration fee that accompanied it.
7 Division 2 -- Requirements for registration
8 39. Requirements for registration of premises
9 The requirements for the registration of premises as veterinary
10 premises are as follows --
11 (a) the premises are in a satisfactory condition to be used
12 for carrying on a veterinary practice business;
13 (b) the premises are designed, constructed and equipped in
14 accordance with the prescribed requirements (if any);
15 (c) arrangements for the management, control and operation
16 of the premises, in relation to the practice of veterinary
17 medicine at or from the premises, are in accordance with
18 the prescribed requirements (if any);
19 (d) there is a veterinary supervisor for the premises;
20 (e) the person in whose name the premises will be
21 registered --
22 (i) is, or proposes to be, a practice owner in relation
23 to the premises; and
24 (ii) is not a person who is, according to the
25 Interpretation Act 1984 section 13D, a bankrupt
26 or a person whose affairs are under insolvency
27 laws.
page 30
Veterinary Practice Bill 2020
Registration of veterinary premises Part 3
Grant or renewal of registration Division 3
s. 40
1 Division 3 -- Grant or renewal of registration
2 40. Grant of registration
3 (1) The Board, on an application under section 35(1), must grant
4 registration of premises as veterinary premises if the Board is
5 satisfied --
6 (a) that the requirements for registration described in
7 section 39 are met; or
8 (b) in circumstances where the requirements for registration
9 described in section 39(a), (b) or (c) are not met, that the
10 premises, or the arrangements for the management,
11 control and operation of the premises, can be altered so
12 as to comply with those requirements and that the
13 applicant will make those alterations; or
14 (c) that it is otherwise appropriate for the premises to be
15 registered.
16 (2) Veterinary premises must be registered in the name of the
17 applicant for registration of the premises.
18 41. Interim registration
19 (1) The Board, on an application under section 35(1), may grant
20 interim registration of premises as veterinary premises while
21 assessing whether the requirements for registration described in
22 section 39 are met.
23 (2) The Board may only grant interim registration under
24 subsection (1) if satisfied that it is highly likely that the
25 requirements for registration described in section 39 will be
26 met.
27 (3) Interim registration granted under subsection (1) has effect until
28 whichever of the following occurs first --
29 (a) the application under section 35(1) is granted or refused
30 by the Board;
page 31
Veterinary Practice Bill 2020
Part 3 Registration of veterinary premises
Division 3 Grant or renewal of registration
s. 42
1 (b) the period, not exceeding 3 months, specified in the
2 certificate of interim registration for the premises
3 expires.
4 42. Renewal of registration
5 (1) The Board, on an application under section 36(1), must renew
6 the registration of veterinary premises if --
7 (a) the Board --
8 (i) is satisfied that the requirements for registration
9 described in section 39 are met in respect of the
10 premises; or
11 (ii) is satisfied in terms of section 40(1)(b) or (c) in
12 respect of the premises;
13 and
14 (b) the Board is satisfied that any conditions to which the
15 registration of the premises is subject are being
16 complied with; and
17 (c) the Board is satisfied that the prescribed requirements (if
18 any) are met.
19 (2) The regulations may prescribe different requirements for the
20 purposes of subsection (1)(c) in relation to different kinds of
21 veterinary premises.
22 (3) If a registered practice owner for veterinary premises applies
23 under section 36(1) for the renewal of the registration of the
24 premises before the day on which the registration expires but
25 the Board does not give the registered practice owner notice of
26 its decision on the application on or before that day, the
27 registration is taken to continue in force from that day until the
28 day on which the Board gives the registered practice owner
29 notice of its decision.
30 (4) If a registered practice owner for veterinary premises does not
31 apply under section 36(1) for the renewal of the registration of
page 32
Veterinary Practice Bill 2020
Registration of veterinary premises Part 3
Conditions on registration Division 4
s. 43
1 the premises before the day on which the registration expires,
2 the registration is taken to continue in force until --
3 (a) the end of the period of 1 month after that day; or
4 (b) if the registered practice owner applies under
5 section 36(1) within the period referred to in
6 paragraph (a), the day on which the Board gives the
7 registered practice owner notice of its decision on the
8 application.
9 43. Duration of registration
10 Subject to this Act, registration of veterinary premises (other
11 than interim registration) has effect for the shorter of the
12 following --
13 (a) the prescribed period;
14 (b) the period (if any) specified in the certificate of
15 registration for the premises.
16 Division 4 -- Conditions on registration
17 44. Conditions generally
18 (1) The registration of veterinary premises is subject to any
19 condition that is --
20 (a) imposed by the Board under section 45(1); or
21 (b) provided for in regulations referred to in subsection (2).
22 (2) The regulations may provide for --
23 (a) conditions on the registration of veterinary premises;
24 and
25 (b) different conditions in relation to different kinds of
26 veterinary premises.
page 33
Veterinary Practice Bill 2020
Part 3 Registration of veterinary premises
Division 4 Conditions on registration
s. 45
1 45. Conditions imposed by Board
2 (1) The Board may, if it considers there are reasonable grounds for
3 doing so, impose conditions on the registration of veterinary
4 premises --
5 (a) when granting or renewing the registration; or
6 (b) during the currency of the registration.
7 (2) Without limiting subsection (1), the following are examples of
8 conditions that can be imposed on the registration of veterinary
9 premises --
10 (a) a condition requiring the premises to be used or
11 equipped in a specified way or manner;
12 (b) a condition requiring the premises to be redesigned,
13 reconstructed or altered in a specified way or manner;
14 (c) a condition requiring the premises to be managed,
15 controlled or operated in a specified way or manner;
16 (d) a condition requiring the registered practice owner to do
17 or refrain from doing something in connection with the
18 premises.
19 (3) A decision under subsection (1) to impose a condition on the
20 registration of veterinary premises during the currency of the
21 registration takes effect on the later of the following --
22 (a) the day on which notice of the decision is given to the
23 registered practice owner for the premises under
24 section 50(1);
25 (b) the day (if any) specified in the notice.
26 46. Modification or removal of conditions by Board
27 (1) The Board may, if it considers there are reasonable grounds for
28 doing so, modify or remove a condition on the registration of
29 veterinary premises.
page 34
Veterinary Practice Bill 2020
Registration of veterinary premises Part 3
Cancellation of registration Division 5
s. 47
1 (2) The Board may exercise the power in subsection (1) --
2 (a) on the application of the registered practice owner for
3 the premises; or
4 (b) on its own initiative.
5 (3) A decision under subsection (1) to modify or remove a
6 condition on the registration of veterinary premises takes effect
7 on the later of the following --
8 (a) the day on which notice of the decision is given to the
9 registered practice owner for the premises under
10 section 50(1);
11 (b) the day (if any) specified in the notice.
12 Division 5 -- Cancellation of registration
13 47. Cancellation of registration by Board
14 (1) The Board must cancel the registration of veterinary premises as
15 soon as possible after the Board becomes aware that the
16 premises are not entitled to be registered.
17 (2) Premises are not entitled to be registered if --
18 (a) a veterinary practice business is no longer carried on at
19 or from the premises; or
20 (b) there is no veterinary supervisor for the premises; or
21 (c) the registration of the premises was obtained because of
22 incorrect or misleading information; or
23 (d) fees due and payable under this Act in relation to the
24 premises are in arrears.
25 (3) The Board must cancel the registration of veterinary premises at
26 the written request of the registered practice owner for the
27 premises.
page 35
Veterinary Practice Bill 2020
Part 3 Registration of veterinary premises
Division 6 Show cause process and notice of decisions
s. 48
1 (4) The Board may cancel the registration of veterinary premises if
2 satisfied that --
3 (a) the requirements described in section 39 are not
4 substantially met in respect of the premises; or
5 (b) a condition to which the registration is subject has been
6 contravened.
7 (5) A decision under subsection (1), (3) or (4) to cancel the
8 registration of veterinary premises takes effect on the later of
9 the following --
10 (a) the day on which notice of the decision is given to the
11 registered practice owner for the premises under
12 section 51(1);
13 (b) the day (if any) specified in the notice.
14 Division 6 -- Show cause process and notice of decisions
15 48. Show cause process for proposed decision
16 (1) This section applies to the following decisions --
17 (a) a decision on a Part 3 application --
18 (i) to refuse to grant or renew registration; or
19 (ii) to impose a condition on registration;
20 (b) a decision under section 45(1) to impose a condition on
21 the registration of the premises during the currency of
22 the registration;
23 (c) a decision under section 46(1), on the Board's own
24 initiative, to modify a condition on the registration of the
25 premises;
26 (d) a decision under section 47(4) to cancel the registration
27 of the premises.
28 (2) If the Board proposes to make a decision to which this section
29 applies, the Board must give the applicant or person who holds
30 the registration, as the case requires, written notice of the
31 proposed decision.
page 36
Veterinary Practice Bill 2020
Registration of veterinary premises Part 3
Show cause process and notice of decisions Division 6
s. 49
1 (3) The notice must invite the person to whom it is given to make a
2 written submission to the Board about the proposed decision
3 within a reasonable period specified in the notice.
4 (4) The Board must have regard to any submission made in
5 accordance with the notice in deciding whether to make the
6 proposed decision.
7 49. Notice of decision on registration or renewal of registration
8 (1) The Board must give the applicant written notice of its decision
9 on a Part 3 application as soon as practicable after making the
10 decision.
11 (2) If a Part 3 application is granted, the notice must contain the
12 following --
13 (a) a description of the premises registered as veterinary
14 premises;
15 (b) the period for which registration is granted or renewed;
16 (c) any conditions imposed by the Board on the registration;
17 (d) if a condition is imposed --
18 (i) the reasons for the imposition of the condition;
19 and
20 (ii) a statement that the applicant may apply under
21 section 150(2) for a review of the decision to
22 impose the condition.
23 (3) If a Part 3 application is refused, the notice must contain --
24 (a) the reasons for the refusal; and
25 (b) a statement that the applicant may apply under
26 section 150(2) for a review of the decision to refuse the
27 application.
page 37
Veterinary Practice Bill 2020
Part 3 Registration of veterinary premises
Division 6 Show cause process and notice of decisions
s. 50
1 50. Notice of decision to impose, modify or remove condition
2 (1) The Board must give the registered practice owner for
3 veterinary premises written notice of any of the following
4 decisions as soon as practicable after making the decision --
5 (a) a decision under section 45(1) to impose a condition on
6 the registration of the veterinary premises during the
7 currency of the registration;
8 (b) a decision under section 46(1) to modify or remove a
9 condition on the registration of the veterinary premises.
10 (2) The notice must contain the following --
11 (a) the reasons for the decision;
12 (b) if the decision is to impose or modify a condition, a
13 statement that the registered practice owner may apply
14 under section 150(2) for a review of the decision.
15 51. Notice of decision to cancel registration
16 (1) The Board must give the registered practice owner for
17 veterinary premises written notice of a decision to cancel the
18 registration of the veterinary premises under section 47(1), (3)
19 or (4) as soon as practicable after making the decision.
20 (2) In the case of a decision under section 47(1) or (4), the notice
21 must contain the following --
22 (a) the reasons for the decision, with reference to the
23 relevant paragraph of section 47(2) or (4);
24 (b) a statement that the registered practice owner may apply
25 under section 150(2) for a review of the decision.
page 38
Veterinary Practice Bill 2020
The register Part 4
s. 52
1 Part 4 -- The register
2 52. Register to be kept
3 (1) The Board must keep an accurate and up-to-date register that
4 records --
5 (a) information referred to in section 53 in respect of the
6 following --
7 (i) WA veterinarians;
8 (ii) veterinary nurses;
9 (iii) veterinary premises;
10 and
11 (b) any other information the Board considers appropriate.
12 (2) The register may be kept in any way the Board considers
13 appropriate, including by electronic means, and may form part
14 of registers of veterinarians kept under corresponding laws.
15 53. Information to be recorded in register
16 (1) The following information must be recorded in the register in
17 respect of each WA veterinarian --
18 (a) the person's name;
19 (b) the town or suburb in which the person's principal place
20 of practice is located and the postcode of that town or
21 suburb;
22 (c) the category of registration that the person holds;
23 (d) the person's registration number;
24 (e) the date of the commencement of the person's
25 registration;
26 (f) any conditions to which the person's registration is
27 subject under section 25(1) or Part 7;
28 (g) if the person holds specialist registration as a
29 WA veterinarian in a particular specialty -- that
30 specialty;
page 39
Veterinary Practice Bill 2020
Part 4 The register
s. 53
1 (h) if the person holds limited registration as a
2 WA veterinarian -- the purpose or purposes described
3 in section 13(2) for which the person holds the
4 registration;
5 (i) the title, name, words or letters indicating the person's
6 qualifications in veterinary science or as a veterinarian
7 or a veterinary specialist in a particular specialty;
8 (j) any prescribed information.
9 (2) The following information must be recorded in the register in
10 respect of each veterinary nurse --
11 (a) the town or suburb in which the person's principal place
12 of practice is located and the postcode of that town or
13 suburb;
14 (b) the category of registration that the person holds;
15 (c) the person's registration number;
16 (d) the date of the commencement of the person's
17 registration;
18 (e) any conditions to which the person's registration is
19 subject under section 25(1) or Part 7;
20 (f) the title, name, words or letters indicating the person's
21 qualifications as a veterinary nurse;
22 (g) any prescribed information.
23 (3) If a condition is imposed on the registration of a veterinarian or
24 veterinary nurse because the veterinarian or veterinary nurse has
25 an impairment, the Board must omit from the register any part
26 of the condition that includes the reason for the imposition of
27 the condition or other information in relation to the impairment.
28 (4) The following information must be recorded in the register in
29 respect of veterinary premises --
30 (a) the address of the premises;
31 (b) the name of the practice owner in whose name the
32 premises are registered;
page 40
Veterinary Practice Bill 2020
The register Part 4
s. 54
1 (c) the date of the commencement of the registration of the
2 premises;
3 (d) the name of the veterinary supervisor for the premises;
4 (e) any conditions to which the registration of the veterinary
5 premises is subject under section 45(1);
6 (f) any prescribed information.
7 54. Information about interstate veterinarians
8 Without limiting section 52(1)(b), the following information
9 may be recorded in the register in respect of an interstate
10 veterinarian --
11 (a) the person's name;
12 (b) if the person is taken under section 22(2) to hold
13 specialist registration as a WA veterinarian in a
14 particular specialty -- that specialty;
15 (c) the corresponding law under which the person is
16 registered (however described);
17 (d) any conditions to which the person's registration is
18 subject;
19 (e) any prescribed information.
20 55. Inspection of, and obtaining information from, register
21 (1) The Board --
22 (a) must ensure that the register is available for inspection,
23 free of charge, by members of the public --
24 (i) at the office of the Board or another place
25 approved by the Board; and
26 (ii) if the Board considers it appropriate, on a
27 website maintained by the Board;
28 and
29 (b) must give a person an extract from the register on
30 payment of the prescribed fee (if any); and
page 41
Veterinary Practice Bill 2020
Part 4 The register
s. 55
1 (c) may, if satisfied it is in the public interest to do so, give
2 a person a copy of the register on payment of the
3 prescribed fee (if any).
4 (2) A person's right to inspect the register, or to be given an extract
5 from the register, does not extend to the inspection or provision
6 of information prescribed under section 53(1)(j), (2)(g) or (4)(f)
7 or 54(e).
page 42
Veterinary Practice Bill 2020
Offences Part 5
Practice of veterinary medicine Division 1
s. 56
1 Part 5 -- Offences
2 Division 1 -- Practice of veterinary medicine
3 56. Carrying out acts of veterinary medicine
4 (1) A person must not carry out an act of veterinary medicine unless
5 the person is --
6 (a) a veterinarian; or
7 (b) a veterinary nurse; or
8 (c) an authorised person.
9 Penalty for this subsection:
10 (a) for a first offence, a fine of $10 000;
11 (b) for a second or subsequent offence, a fine of $20 000.
12 (2) A veterinary nurse must not carry out an act of veterinary
13 medicine other than an act that the veterinary nurse, or a
14 veterinary nurse of a class to which the veterinary nurse
15 belongs, is authorised under the regulations to carry out.
16 Penalty for this subsection:
17 (a) for a first offence, a fine of $10 000;
18 (b) for a second or subsequent offence, a fine of $20 000.
19 (3) An authorised person must not carry out an act of veterinary
20 medicine other than an act that the person, or a person of a class
21 to which the person belongs, is authorised under the regulations
22 to carry out.
23 Penalty for this subsection:
24 (a) for a first offence, a fine of $10 000;
25 (b) for a second or subsequent offence, a fine of $20 000.
26 (4) It is a defence to a charge of an offence under subsection (1), (2)
27 or (3) to prove that the act was carried out by the accused in an
28 emergency situation for the purpose of administering first aid to
29 save the life of an animal or relieve pain suffered by an animal.
page 43
Veterinary Practice Bill 2020
Part 5 Offences
Division 1 Practice of veterinary medicine
s. 57
1 57. Employing or engaging persons to carry out acts of
2 veterinary medicine
3 (1) A person must not employ or engage another person to carry out
4 an act of veterinary medicine unless the person employed or
5 engaged is --
6 (a) a veterinarian; or
7 (b) a veterinary nurse; or
8 (c) an authorised person.
9 Penalty for this subsection:
10 (a) for a first offence, a fine of $10 000;
11 (b) for a second or subsequent offence, a fine of $20 000.
12 (2) A person must not employ or engage a veterinarian to carry out
13 an act of veterinary medicine that would be in contravention of
14 a condition to which the veterinarian's registration is subject.
15 Penalty for this subsection:
16 (a) for a first offence, a fine of $10 000;
17 (b) for a second or subsequent offence, a fine of $20 000.
18 (3) A person must not employ or engage a veterinary nurse to carry
19 out an act of veterinary medicine --
20 (a) other than an act that the veterinary nurse, or a
21 veterinary nurse of a class to which the veterinary nurse
22 belongs, is authorised under the regulations to carry out;
23 or
24 (b) that would be in contravention of a condition to which
25 the veterinary nurse's registration is subject.
26 Penalty for this subsection:
27 (a) for a first offence, a fine of $10 000;
28 (b) for a second or subsequent offence, a fine of $20 000.
page 44
Veterinary Practice Bill 2020
Offences Part 5
Practice of veterinary medicine Division 1
s. 57
1 (4) A person must not employ or engage an authorised person to
2 carry out an act of veterinary medicine --
3 (a) other than an act that the person, or a person of a class to
4 which the person belongs, is authorised under the
5 regulations to carry out; or
6 (b) that would be in contravention of a condition to which
7 the person's authorisation is subject.
8 Penalty for this subsection:
9 (a) for a first offence, a fine of $10 000;
10 (b) for a second or subsequent offence, a fine of $20 000.
11 (5) It is a defence to a charge of an offence under subsection (1) to
12 prove that the accused did not know, and could not reasonably
13 be expected to have known, that the person employed or
14 engaged was not --
15 (a) a veterinarian; or
16 (b) a veterinary nurse; or
17 (c) an authorised person.
18 (6) It is a defence to a charge of an offence under
19 subsection (2), (3)(b) or (4)(b) to prove that the accused did not
20 know, and could not reasonably be expected to have known, of
21 the condition to which the person's registration or authorisation
22 was subject.
23 (7) It is a defence to a charge of an offence under subsection (3)(a)
24 or (4)(a) to prove that the accused did not know, and could not
25 reasonably be expected to have known, that the veterinary nurse
26 or authorised person was not authorised under the regulations to
27 carry out the act of veterinary medicine.
page 45
Veterinary Practice Bill 2020
Part 5 Offences
Division 1 Practice of veterinary medicine
s. 58
1 58. Undue influence
2 (1) In this section --
3 circumstances of aggravation, in relation to an offence, means
4 the offence was committed by any of the following persons --
5 (a) a practice owner;
6 (b) a person who manages, controls or operates a veterinary
7 practice business on behalf of the practice owner;
8 (c) a person who employed or engaged the offending
9 person;
10 (d) a veterinary supervisor;
11 (e) a veterinarian who was responsible at the time that the
12 offence was committed for the supervision of the
13 veterinarian, veterinary nurse or authorised person to
14 whom the offence relates.
15 (2) A person must not direct, cause, induce or knowingly permit a
16 veterinarian, veterinary nurse or authorised person to contravene
17 this Act.
18 Penalty for this subsection:
19 (a) for a first offence, a fine of $10 000;
20 (b) for a second or subsequent offence, a fine of $30 000;
21 (c) if the offence is committed in circumstances of
22 aggravation, a fine of $30 000.
23 (3) A person must not direct, cause, induce or knowingly permit a
24 veterinarian or veterinary nurse to do anything that would
25 constitute unprofessional conduct or professional misconduct.
26 Penalty for this subsection:
27 (a) for a first offence, a fine of $10 000;
28 (b) for a second or subsequent offence, a fine of $30 000;
29 (c) if the offence is committed in circumstances of
30 aggravation, a fine of $30 000.
page 46
Veterinary Practice Bill 2020
Offences Part 5
Conditions of registration or authorisation Division 2
s. 59
1 Division 2 -- Conditions of registration or authorisation
2 59. Contravention of conditions
3 (1) A person who is a veterinarian or veterinary nurse must not
4 contravene a condition to which the person's registration is
5 subject.
6 Penalty for this subsection:
7 (a) for a first offence, a fine of $10 000;
8 (b) for a second or subsequent offence, a fine of $20 000.
9 (2) An authorised person must not contravene a condition to which
10 the person's authorisation is subject.
11 Penalty for this subsection:
12 (a) for a first offence, a fine of $10 000;
13 (b) for a second or subsequent offence, a fine of $20 000.
14 (3) A registered practice owner for veterinary premises must ensure
15 that a condition to which the registration of the veterinary
16 premises is subject is not contravened.
17 Penalty for this subsection:
18 (a) for a first offence, a fine of $10 000;
19 (b) for a second or subsequent offence, a fine of $20 000.
20 Division 3 -- Carrying on a veterinary practice business
21 60. Veterinary practice businesses to be carried on at or from
22 veterinary premises
23 (1) A person must not carry on a veterinary practice business at or
24 from any premises other than veterinary premises.
25 Penalty for this subsection:
26 (a) for a first offence, a fine of $10 000;
27 (b) for a second or subsequent offence, a fine of $20 000.
page 47
Veterinary Practice Bill 2020
Part 5 Offences
Division 4 False representations and use of words and abbreviations
s. 61
1 (2) The regulations may exclude a veterinary practice business of a
2 prescribed kind, or carried on in prescribed circumstances, from
3 the application of subsection (1).
4 (3) A person must not carry on a veterinary practice business of a
5 prescribed kind at or from veterinary premises unless the
6 premises are prescribed for that kind of veterinary practice
7 business.
8 Penalty for this subsection:
9 (a) for a first offence, a fine of $10 000;
10 (b) for a second or subsequent offence, a fine of $20 000.
11 Division 4 -- False representations and use of words and
12 abbreviations
13 61. False representations about being veterinarian
14 (1) A person who is not a veterinarian must not --
15 (a) claim to be a veterinarian or to hold a qualification or
16 authorisation that entitles the person to practise as a
17 veterinarian; or
18 (b) claim to be entitled to practise as a veterinarian; or
19 (c) do anything that could reasonably be expected to cause
20 another person to believe that the person is a
21 veterinarian or is entitled to practise as a veterinarian.
22 Penalty for this subsection:
23 (a) for a first offence, a fine of $10 000;
24 (b) for a second or subsequent offence, a fine of $20 000.
25 (2) Without limiting subsection (1), a person who is not a
26 veterinarian must not use a title --
27 (a) that is prescribed for the purposes of this paragraph; or
page 48
Veterinary Practice Bill 2020
Offences Part 5
False representations and use of words and abbreviations Division 4
s. 62
1 (b) that otherwise indicates, or could reasonably be
2 understood to indicate, that the person is a veterinarian
3 or is entitled to practise as a veterinarian.
4 Penalty for this subsection:
5 (a) for a first offence, a fine of $10 000;
6 (b) for a second or subsequent offence, a fine of $20 000.
7 62. False representations about being veterinary specialist
8 (1) A person who is not a veterinary specialist must not --
9 (a) claim to be a veterinary specialist or to be registered as a
10 veterinary specialist; or
11 (b) claim to be entitled to practise as a veterinary specialist;
12 or
13 (c) do anything that could reasonably be expected to cause
14 another person to believe that the person is a veterinary
15 specialist, is registered as a veterinary specialist or is
16 entitled to practise as a veterinary specialist.
17 Penalty for this subsection:
18 (a) for a first offence, a fine of $10 000;
19 (b) for a second or subsequent offence, a fine of $20 000.
20 (2) A person who is not a veterinary specialist in a particular
21 specialty must not --
22 (a) claim to be a veterinary specialist in that specialty or to
23 be registered as a veterinary specialist in that specialty;
24 or
25 (b) claim to be entitled to practise as a veterinarian in that
26 specialty; or
27 (c) do anything that could reasonably be expected to cause
28 another person to believe that the person is a veterinary
29 specialist in that specialty, is registered as a veterinary
30 specialist in that specialty or is entitled to practise as a
31 veterinarian in that specialty.
page 49
Veterinary Practice Bill 2020
Part 5 Offences
Division 4 False representations and use of words and abbreviations
s. 63
1 Penalty for this subsection:
2 (a) for a first offence, a fine of $10 000;
3 (b) for a second or subsequent offence, a fine of $20 000.
4 (3) Without limiting subsection (1) or (2), a person who is not a
5 veterinary specialist, or a veterinary specialist in a particular
6 specialty, must not use a title --
7 (a) that is prescribed for the purposes of this paragraph; or
8 (b) that otherwise indicates, or could reasonably be
9 understood to indicate, that the person is, or is registered
10 as, a veterinary specialist or a veterinary specialist in a
11 particular specialty.
12 Penalty for this subsection:
13 (a) for a first offence, a fine of $10 000;
14 (b) for a second or subsequent offence, a fine of $20 000.
15 63. False representations about being veterinary nurse
16 (1) A person who is not a veterinary nurse must not --
17 (a) claim to be a veterinary nurse or to be registered as a
18 veterinary nurse; or
19 (b) claim to be entitled to practise as a veterinary nurse; or
20 (c) do anything that could reasonably be expected to cause
21 another person to believe that the person is a veterinary
22 nurse, is registered as a veterinary nurse or is entitled to
23 practise as a veterinary nurse.
24 Penalty for this subsection:
25 (a) for a first offence, a fine of $2 500;
26 (b) for a second or subsequent offence, a fine of $5 000.
27 (2) Without limiting subsection (1), a person who is not a veterinary
28 nurse must not use a title --
29 (a) that is prescribed for the purposes of this paragraph; or
page 50
Veterinary Practice Bill 2020
Offences Part 5
False representations and use of words and abbreviations Division 4
s. 64
1 (b) that otherwise indicates, or could reasonably be
2 understood to indicate, that the person is a veterinary
3 nurse, is registered as a veterinary nurse or is entitled to
4 practise as a veterinary nurse.
5 Penalty for this subsection:
6 (a) for a first offence, a fine of $2 500;
7 (b) for a second or subsequent offence, a fine of $5 000.
8 64. False representations about being authorised person
9 (1) A person who is not an authorised person must not --
10 (a) claim to be an authorised person; or
11 (b) claim to be entitled to work as an authorised person; or
12 (c) do anything that could reasonably be expected to cause
13 another person to believe that the person is an authorised
14 person or is entitled to work as an authorised person.
15 Penalty for this subsection:
16 (a) for a first offence, a fine of $2 500;
17 (b) for a second or subsequent offence, a fine of $5 000.
18 (2) A person who is not an authorised person of a particular
19 prescribed class must not --
20 (a) claim to be an authorised person of that class; or
21 (b) claim to be entitled to work as an authorised person of
22 that class; or
23 (c) do anything that could reasonably be expected to cause
24 another person to believe that the person is an authorised
25 person of that class or is entitled to work as an
26 authorised person of that class.
27 Penalty for this subsection:
28 (a) for a first offence, a fine of $2 500;
29 (b) for a second or subsequent offence, a fine of $5 000.
page 51
Veterinary Practice Bill 2020
Part 5 Offences
Division 4 False representations and use of words and abbreviations
s. 65
1 (3) Without limiting subsection (1) or (2), a person who is not an
2 authorised person, or an authorised person of a particular
3 prescribed class, must not use a title that indicates, or could
4 reasonably be understood to indicate, that the person is an
5 authorised person or an authorised person of that class, as the
6 case requires.
7 Penalty for this subsection:
8 (a) for a first offence, a fine of $2 500;
9 (b) for a second or subsequent offence, a fine of $5 000.
10 65. Use of certain words and abbreviations
11 (1) In this section --
12 veterinary qualifications means qualifications as a veterinarian,
13 a veterinary specialist in a particular specialty or a veterinary
14 nurse.
15 (2) A person must not, in connection with any business carried on
16 by the person, use the term "veterinary" or any other
17 grammatical form or abbreviation of that term unless the person
18 is --
19 (a) a veterinarian; or
20 (b) a veterinary nurse; or
21 (c) a practice owner; or
22 (d) carrying on a business as a supplier of veterinary
23 supplies or materials; or
24 (e) providing veterinary education under a written law; or
25 (f) a professional organisation of veterinarians or veterinary
26 nurses; or
27 (g) a person of a prescribed class.
28 Penalty for this subsection:
29 (a) for a first offence, a fine of $10 000;
30 (b) for a second or subsequent offence, a fine of $20 000.
page 52
Veterinary Practice Bill 2020
Offences Part 5
Notice requirements Division 5
s. 66
1 (3) A person must not, in connection with the practice of veterinary
2 medicine, use a title, name, words or letters capable of being
3 understood to indicate veterinary qualifications unless the title,
4 name, words or letters used --
5 (a) are entered in the register in respect of the person; or
6 (b) are an abbreviation or derivative of an entry referred to
7 in paragraph (a); or
8 (c) are approved by the Board.
9 Penalty for this subsection:
10 (a) for a first offence, a fine of $10 000;
11 (b) for a second or subsequent offence, a fine of $20 000.
12 (4) A practice owner must not use a title, name, words or letters
13 capable of being understood to indicate veterinary qualifications
14 to describe a person employed or engaged in the veterinary
15 practice business carried on by the practice owner unless the
16 title, name, words or letters used --
17 (a) are entered in the register in respect of the person; or
18 (b) are an abbreviation or derivative of an entry referred to
19 in paragraph (a); or
20 (c) are approved by the Board.
21 Penalty for this subsection:
22 (a) for a first offence, a fine of $10 000;
23 (b) for a second or subsequent offence, a fine of $20 000.
24 Division 5 -- Notice requirements
25 66. Notice about events relevant to person's registration
26 (1) In this section --
27 relevant offence means --
28 (a) an offence under this Act; or
29 (b) an offence under a corresponding law; or
page 53
Veterinary Practice Bill 2020
Part 5 Offences
Division 5 Notice requirements
s. 66
1 (c) an offence under a law of another country that deals
2 with the regulation of veterinary medicine (however
3 described); or
4 (d) an offence under an Act referred to in section 80(c); or
5 (e) an indictable offence (whether or not the offence is or
6 may be dealt with summarily) for which the penalty
7 with which the offence is punishable on indictment is --
8 (i) imprisonment for life; or
9 (ii) imprisonment for more than 1 year;
10 or
11 (f) an offence arising out of the practice by a person of
12 veterinary medicine or practice by a person as a
13 veterinary nurse.
14 (2) A person who is a veterinarian or veterinary nurse must, within
15 14 days after becoming aware that any of the following events
16 has occurred in relation to the person, give notice of the event to
17 the Board in accordance with section 69 --
18 (a) a qualification that enabled the person to gain
19 registration is withdrawn or cancelled by the body that
20 conferred the qualification;
21 (b) criminal proceedings are commenced against the person
22 for a relevant offence;
23 (c) any proceedings referred to in paragraph (b) are
24 withdrawn, dismissed or determined by the court in
25 which they were brought;
26 (d) a finding that is the same as, or similar to, a finding of
27 unprofessional conduct or professional misconduct is
28 made against the person under a corresponding law or
29 the law of another country that deals with the regulation
30 of veterinary medicine (however described).
31 Penalty for this subsection: a fine of $5 000.
32 (3) A veterinarian whose registration is affected by a decision of an
33 interstate regulatory authority under section 20(1) or 23(1) must,
page 54
Veterinary Practice Bill 2020
Offences Part 5
Notice requirements Division 5
s. 67
1 within 14 days after becoming aware of the decision of the
2 interstate regulatory authority, give notice of the decision to the
3 Board in accordance with section 69.
4 Penalty for this subsection: a fine of $5 000.
5 67. Notice about changes of ownership of veterinary practice
6 business
7 A person must, within 14 days after the person becomes or
8 ceases to be a practice owner, give notice of the change of
9 ownership to the Board in accordance with section 69.
10 Penalty: a fine of $5 000.
11 68. Notice about change of veterinary supervisor
12 The registered practice owner for veterinary premises must,
13 within 14 days after a person becomes or ceases to be the
14 veterinary supervisor for the premises, give notice of the change
15 of veterinary supervisor to the Board in accordance with
16 section 69.
17 Penalty: a fine of $5 000.
18 69. Requirements for notice under this Division
19 Notice under this Division must --
20 (a) be in writing; and
21 (b) contain the details, or be in the form (if any), approved
22 by the Board.
page 55
Veterinary Practice Bill 2020
Part 6 Immediate action orders
s. 70
1 Part 6 -- Immediate action orders
2 70. Board may make immediate action order
3 (1) The Board may make an immediate action order in relation to a
4 veterinarian or veterinary nurse if the Board is satisfied that
5 there is an imminent risk of substantial injury or harm to a
6 person (including the veterinarian or veterinary nurse) or animal
7 because of --
8 (a) conduct engaged in by the veterinarian or veterinary
9 nurse; or
10 (b) an impairment of the veterinarian or veterinary nurse.
11 (2) The Board may make an immediate action order even if a
12 complaint being dealt with under Part 7 or a notification being
13 dealt with under Part 9 --
14 (a) deals with the same matter; or
15 (b) includes elements of the same matter.
16 (3) An immediate action order may --
17 (a) impose a condition on the registration of the person to
18 whom the order relates; or
19 (b) modify an existing condition on the registration of the
20 person to whom the order relates; or
21 (c) suspend the registration of the person to whom the order
22 relates.
23 71. Show cause process for proposed order
24 (1) If the Board proposes to make an immediate action order in
25 relation to a veterinarian or veterinary nurse, the Board must
26 give the veterinarian or veterinary nurse notice of the proposed
27 order.
28 (2) The notice must invite the person to whom it is given to make a
29 submission to the Board about the proposed order within a
30 reasonable period specified in the notice.
page 56
Veterinary Practice Bill 2020
Immediate action orders Part 6
s. 72
1 (3) The notice, and any submission made in accordance with the
2 notice, can be written or oral.
3 (4) The Board must have regard to any submission made in
4 accordance with the notice in deciding whether to make the
5 proposed order.
6 72. Notice of immediate action order
7 (1) The Board must give notice of an immediate action order to the
8 person to whom the order relates.
9 (2) The notice must --
10 (a) be in writing; and
11 (b) be given as soon as practicable after the making of the
12 order; and
13 (c) contain short particulars of the reasons for the order; and
14 (d) contain a statement that the person to whom the order
15 relates may apply under section 150(2) for a review of
16 the decision to make the order.
17 73. Duration of immediate action order
18 (1) An immediate action order takes effect --
19 (a) on the later of the following --
20 (i) the day on which notice of the order is given to
21 the person to whom the order relates;
22 (ii) the day (if any) specified in the order;
23 and
24 (b) whether or not the person to whom the order relates has
25 had an opportunity to make representations to the Board.
26 (2) An immediate action order has effect for the period, not
27 exceeding 28 days, specified in the order, unless revoked under
28 section 75.
page 57
Veterinary Practice Bill 2020
Part 6 Immediate action orders
s. 74
1 74. Board to take other necessary or appropriate action
2 As soon as practicable after making an immediate action order,
3 the Board must take any other action under this Act that the
4 Board considers necessary or appropriate in relation to the
5 person to whom the order relates.
6 75. Variation or revocation of immediate action order
7 (1) The Board may vary or revoke an immediate action order unless
8 the order was made in relation to a matter that is also the subject
9 of a complaint referred to the Tribunal.
10 (2) The Tribunal may vary or revoke an immediate action order in
11 relation to a matter that is also the subject of a complaint
12 referred to the Tribunal.
page 58
Veterinary Practice Bill 2020
Complaints and discipline Part 7
When this Part applies Division 1
s. 76
1 Part 7 -- Complaints and discipline
2 Division 1 -- When this Part applies
3 76. Application of Part
4 This Part applies in relation to unprofessional conduct or
5 professional misconduct engaged in, or allegedly engaged in, by
6 a person who --
7 (a) is a veterinarian or veterinary nurse; or
8 (b) is no longer a veterinarian or veterinary nurse, but was a
9 veterinarian or veterinary nurse at the time that the
10 conduct occurred or allegedly occurred.
11 77. Application to conduct of veterinarians
12 (1) Except as provided in subsection (3), this Part applies in relation
13 to conduct of a veterinarian occurring in this State.
14 (2) This Part also applies to conduct of a veterinarian occurring
15 outside this State but only if the conduct --
16 (a) is part of a course of conduct that occurred partly in this
17 State and partly in another participating jurisdiction
18 and --
19 (i) a regulatory authority of the other participating
20 jurisdiction in which the conduct occurred
21 consents to it being dealt with under this Act; or
22 (ii) the complainant and the veterinarian consent to it
23 being dealt with under this Act;
24 or
25 (b) occurred wholly in another participating jurisdiction,
26 and the veterinarian is a WA veterinarian, and the Board
27 consents to it being dealt with under this Act, and --
28 (i) a regulatory authority of the other participating
29 jurisdiction in which the conduct occurred
30 consents to it being dealt with under this Act; or
page 59
Veterinary Practice Bill 2020
Part 7 Complaints and discipline
Division 2 Key concepts
s. 78
1 (ii) the complainant and the veterinarian consent to it
2 being dealt with under this Act;
3 or
4 (c) occurred wholly or partly outside all participating
5 jurisdictions and the veterinarian is a WA veterinarian.
6 (3) This Part does not apply to conduct of a veterinarian occurring
7 in this State if --
8 (a) the Board consents to it being dealt with under a
9 corresponding law; or
10 (b) the complainant and the veterinarian consent to it being
11 dealt with under a corresponding law.
12 (4) Subsection (3) does not apply if the conduct is not capable of
13 being dealt with under the corresponding law.
14 (5) The Board may give consent for the purposes of
15 subsection (2)(b) or (3) conditionally or unconditionally.
16 Division 2 -- Key concepts
17 78. Unprofessional conduct
18 For the purposes of this Act, unprofessional conduct
19 includes --
20 (a) doing, or omitting to do, something in connection with
21 the practice of veterinary medicine in a manner, or to an
22 extent, that falls short of the standard of competence,
23 diligence and safety that a member of the public is
24 entitled to expect of a reasonably competent veterinarian
25 or veterinary nurse; and
26 (b) conduct that is prescribed to be unprofessional conduct.
page 60
Veterinary Practice Bill 2020
Complaints and discipline Part 7
Key concepts Division 2
s. 79
1 79. Professional misconduct
2 For the purposes of this Act, professional misconduct
3 includes --
4 (a) unprofessional conduct if the conduct involves a
5 substantial or consistent failure to reach or maintain a
6 reasonable standard of competence, diligence and safety;
7 and
8 (b) conduct, whether occurring in connection with the
9 practice of veterinary medicine or not, that is
10 inconsistent with a person being a fit and proper person
11 to hold registration as a WA veterinarian or veterinary
12 nurse; and
13 (c) conduct that is prescribed to be professional misconduct.
14 80. Conduct capable of constituting unprofessional conduct or
15 professional misconduct
16 Without limiting section 78 or 79, the following conduct is
17 capable of constituting unprofessional conduct or professional
18 misconduct --
19 (a) conduct consisting of a contravention of --
20 (i) this Act; or
21 (ii) a condition to which the person's registration is
22 subject; or
23 (iii) an order made by a regulatory authority;
24 (b) practising veterinary medicine, or as a veterinary nurse,
25 while affected by alcohol or a drug or other substance to
26 such an extent that the person's capacity to exercise
27 reasonable care and skill is impaired;
28 (c) conduct that results in conviction of an offence under
29 any of the following --
30 (i) the Animal Welfare Act 2002;
31 (ii) the Biosecurity and Agriculture Management
32 Act 2007;
page 61
Veterinary Practice Bill 2020
Part 7 Complaints and discipline
Division 3 Complaints
s. 81
1 (iii) the Exotic Diseases of Animals Act 1993;
2 (iv) the Medicines and Poisons Act 2014;
3 (v) the Radiation Safety Act 1975;
4 (vi) the Veterinary Chemical Control and Animal
5 Feeding Stuffs Act 1976;
6 (d) conduct that results in conviction of an indictable
7 offence (whether or not the offence is or may be dealt
8 with summarily) for which the penalty with which the
9 offence is punishable on indictment is --
10 (i) imprisonment for life; or
11 (ii) imprisonment for more than 1 year.
12 Division 3 -- Complaints
13 81. Making complaint
14 (1) A complaint may be made to the Board that a person has
15 engaged in unprofessional conduct or professional misconduct.
16 (2) If a complaint is about the conduct of a veterinarian occurring
17 outside this State, the complaint must not be dealt with under
18 this Part unless this Part is, or becomes, applicable to the
19 conduct, as described in section 77(2).
20 (3) A complaint should be made in writing, but the Board may
21 formulate in writing any oral complaint received.
22 (4) A complaint must --
23 (a) identify the person making the complaint (the
24 complainant); and
25 (b) if possible, identify the person about whom the
26 complaint is made; and
27 (c) describe the alleged conduct the subject of the
28 complaint; and
page 62
Veterinary Practice Bill 2020
Complaints and discipline Part 7
Complaints Division 3
s. 82
1 (d) if the complainant does not want the complainant's
2 identity disclosed to the person about whom the
3 complaint is made, include reasons why the
4 complainant's identity should not be disclosed.
5 (5) A complaint about a person may be made and dealt with even
6 though the person is also the subject of proposed or current
7 criminal or civil proceedings relating to the same subject matter
8 as the complaint.
9 82. Time for complaint
10 (1) A complaint may be made about the conduct of a person
11 irrespective of when the conduct the subject of the complaint
12 occurred or allegedly occurred.
13 (2) However, the Board cannot deal with a complaint if the
14 complaint is made more than 3 years after the conduct that is the
15 basis of the complaint is alleged to have occurred unless the
16 Board determines that --
17 (a) it is just and fair to deal with the complaint having
18 regard to the delay and the reasons for the delay; and
19 (b) it is in the public interest to deal with the complaint.
20 (3) A determination under subsection (2) is final and cannot be
21 challenged in any proceedings by the complainant or the
22 respondent.
23 83. Respondent to be notified about complaint
24 (1) The Board must give written notice to a respondent that a
25 complaint has been made about the respondent as soon as
26 practicable after the complaint is made.
27 (2) The notice must --
28 (a) set out the nature of the complaint; and
29 (b) subject to subsection (3), identify the complainant.
page 63
Veterinary Practice Bill 2020
Part 7 Complaints and discipline
Division 3 Complaints
s. 84
1 (3) The Board may omit the complainant's identity from the notice
2 if the Board considers it appropriate to do so, having regard to
3 any reasons provided by the complainant under section 81(4)(d).
4 (4) The Board is not required to give notice under subsection (1) if
5 the Board considers that giving the notice will or is likely to --
6 (a) prejudice the investigation of the complaint; or
7 (b) prejudice an investigation by the police or another
8 investigatory or law enforcement body of any matter
9 with which the complaint is concerned; or
10 (c) place the complainant or another person at risk of
11 intimidation or harassment; or
12 (d) be prejudicial to the physical or mental health or
13 wellbeing of the respondent; or
14 (e) prejudice proceedings pending or existing before a court
15 or tribunal.
16 (5) In a case to which subsection (4) applies, the Board may --
17 (a) postpone giving the respondent notice of the complaint
18 until the Board considers it appropriate to do so; or
19 (b) give the respondent a notice setting out the general
20 nature of the complaint.
21 (6) Nothing in this section requires the Board to give notice to the
22 respondent until the Board has had a reasonable opportunity to
23 assess the complaint, seek further information about the
24 complaint from the complainant or another person or otherwise
25 undertake preliminary inquiries into the complaint, and properly
26 prepare the notice.
27 84. Board may deal with matter as complaint
28 (1) The Board may determine that a matter is to be dealt with under
29 this Part as if it were the subject of a complaint, despite no
30 complaint having been made to the Board.
page 64
Veterinary Practice Bill 2020
Complaints and discipline Part 7
Assessment of complaints Division 4
s. 85
1 (2) If a determination is made under subsection (1), this Part applies
2 with any necessary modifications for the purposes of dealing
3 with the matter.
4 Division 4 -- Assessment of complaints
5 85. Board to assess complaint
6 (1) The Board must assess each complaint as soon as practicable
7 after it is made.
8 (2) The Board may, for the purposes of assessing a complaint, do 1
9 or more of the following --
10 (a) investigate the complaint in any way it considers
11 appropriate;
12 (b) under section 112 direct an inspector to investigate the
13 complaint;
14 (c) under section 129(1) require the respondent to undergo a
15 health assessment.
16 (3) When assessing a complaint, the Board may take into account
17 the following --
18 (a) any information obtained as a result of an investigation
19 of the complaint;
20 (b) any report on a health assessment, or information
21 provided, under section 132;
22 (c) a summary of any discussions held with the respondent
23 under section 133(4);
24 (d) any other information the Board considers relevant.
25 86. Ways in which Board deals with complaint
26 (1) The Board must make a decision under subsection (2) in respect
27 of a complaint as soon as practicable after it assesses the
28 complaint.
page 65
Veterinary Practice Bill 2020
Part 7 Complaints and discipline
Division 4 Assessment of complaints
s. 87
1 (2) The Board must decide to deal with the complaint in 1 of the
2 following ways --
3 (a) dismiss the complaint under section 87;
4 (b) if the complaint appears to be about unprofessional
5 conduct, deal with the complaint under Division 5;
6 (c) refer the complaint to the Tribunal if --
7 (i) the complaint appears to be about professional
8 misconduct; or
9 (ii) in the opinion of the Board, the Tribunal could
10 more appropriately deal with the complaint;
11 (d) refer the complaint --
12 (i) to an interstate regulatory authority to be dealt
13 with under a corresponding law, if the conduct is
14 conduct that may be dealt with by that body; or
15 (ii) to another person or body that, in the opinion of
16 the Board, could more appropriately deal with
17 the complaint.
18 (3) Notice of a decision under subsection (2) must be given in
19 accordance with section 108.
20 87. Dismissing complaint
21 (1) The Board must dismiss a complaint if the complaint is in
22 respect of a matter that is not within the power of the Board or
23 the Tribunal to deal with under this Act.
24 (2) The Board may dismiss a complaint if the Board considers
25 that --
26 (a) the complaint is in respect of a matter that could more
27 appropriately be dealt with by another person or body;
28 or
29 (b) the conduct that is the basis of the complaint is the basis
30 of a previous complaint that --
31 (i) is currently being dealt with by the Board; or
page 66
Veterinary Practice Bill 2020
Complaints and discipline Part 7
Unprofessional conduct Division 5
s. 88
1 (ii) has been dismissed;
2 or
3 (c) the complaint is vexatious, trivial, unreasonable or
4 lacking in substance; or
5 (d) it is not in the public interest to deal with the complaint.
6 Division 5 -- Unprofessional conduct
7 Subdivision 1 -- Inquiries
8 88. Inquiry into complaint of unprofessional conduct
9 (1) If a complaint appears to be about unprofessional conduct, the
10 Board may conduct an inquiry into the complaint.
11 (2) In conducting an inquiry, the Board --
12 (a) must act with as little formality and technicality and as
13 speedily as the requirements of this Act and proper
14 hearing of the matter permit; and
15 (b) is not bound by the rules of evidence and may inform
16 itself on any matter as it thinks fit; and
17 (c) may receive oral or written submissions; and
18 (d) may, subject to this Act and the rules of procedural
19 fairness, determine its own procedures; and
20 (e) may be assisted by a legal practitioner appointed by the
21 Board for that purpose.
22 89. Hearings
23 (1) The Board may hold hearings for the purposes of an inquiry.
24 (2) Hearings must be held in public.
25 (3) However, the Board may direct that a hearing, or any part of a
26 hearing, be held in private if the Board is satisfied that it is
27 desirable to do so because of the confidential nature of any
28 evidence or matter or for any other reason.
page 67
Veterinary Practice Bill 2020
Part 7 Complaints and discipline
Division 5 Unprofessional conduct
s. 90
1 90. Parties to inquiry
2 The parties to an inquiry are the following --
3 (a) the respondent;
4 (b) the complainant;
5 (c) any other person considered by the Board to have a
6 sufficient interest in the matter to which the complaint
7 relates.
8 91. Evidence and witnesses
9 (1) In conducting an inquiry, the Board must give the respondent an
10 opportunity to --
11 (a) call and give evidence; and
12 (b) examine and cross-examine witnesses; and
13 (c) make submissions.
14 (2) Subsection (1) does not apply if --
15 (a) the Board has adopted any findings, decisions, judgment
16 or reasons for judgment under section 93; and
17 (b) the respondent has been given the opportunity referred
18 to in subsection (1) by a court, tribunal or other body
19 referred to in section 93.
20 92. Representation at inquiry
21 The parties to an inquiry may act in person or be represented by
22 a legal practitioner.
23 93. Evidence and findings in other proceedings
24 (1) For the purposes of an inquiry, the Board may --
25 (a) receive in evidence any transcript of evidence taken in
26 any proceedings of a court, tribunal or other body
27 constituted under the law of this State or any other
28 place; or
page 68
Veterinary Practice Bill 2020
Complaints and discipline Part 7
Unprofessional conduct Division 5
s. 94
1 (b) adopt any findings, decisions, judgment or reasons for
2 judgment of such a court, tribunal or other body.
3 (2) The Board may draw such conclusions of fact from anything
4 that it receives in evidence or adopts under subsection (1) as it
5 considers appropriate.
6 94. Inquiry powers
7 (1) For the purposes of an inquiry, the Board may --
8 (a) by written direction given to a person, require the
9 person --
10 (i) to attend at a place and time specified in the
11 direction; or
12 (ii) to produce at a place and time specified in the
13 direction a document or other thing that is in the
14 person's possession or under the person's
15 control;
16 and
17 (b) direct a person attending in response to a direction under
18 paragraph (a)(i) --
19 (i) to give such information as is requested in
20 relation to any matter; or
21 (ii) to answer a question put to the person.
22 (2) The Board may --
23 (a) inspect a document or other thing produced in response
24 to a direction under subsection (1)(a)(ii) and retain it for
25 any reasonable period that the Board considers
26 appropriate; or
27 (b) make a copy of a document produced in response to a
28 direction under subsection (1)(a)(ii); or
29 (c) direct that any information or answer directed to be
30 given under subsection (1)(b) be given on oath or
31 affirmation or be verified by statutory declaration.
page 69
Veterinary Practice Bill 2020
Part 7 Complaints and discipline
Division 5 Unprofessional conduct
s. 95
1 (3) A Board member may administer an oath or affirmation for the
2 purposes of this section.
3 (4) If the Board gives a direction to a person under
4 subsection (1)(a), the direction must state that --
5 (a) under this Act, the person is required to comply with the
6 direction; and
7 (b) failure to do so may be an offence under section 95(1).
8 (5) If the Board gives a direction to a person under
9 subsection (1)(b), the Board must inform the person that --
10 (a) under this Act, the person is required to comply with the
11 direction; and
12 (b) failure to do so may be an offence under section 95(1).
13 95. Failure to comply with direction
14 (1) A person who fails to comply with a direction given to the
15 person under section 94(1) commits an offence unless --
16 (a) the person was not informed when the direction was
17 given that a failure to comply with the direction may
18 constitute an offence; or
19 (b) the person has a reasonable excuse for failing to comply
20 with the direction.
21 Penalty for this subsection: a fine of $5 000.
22 (2) For the purposes of subsection (1)(b), it is not a reasonable
23 excuse for a person to fail to comply with a direction under
24 section 94(1)(a)(ii) or (b) on the ground that to do so might
25 incriminate the person or render the person liable to a penalty.
26 (3) However, any information or answer given by an individual, or
27 the fact that a document or other thing was produced by an
28 individual, in compliance with a direction given to the
29 individual under section 94(1)(a)(ii) or (b) is not admissible in
30 evidence against the individual in any proceedings other than --
page 70
Veterinary Practice Bill 2020
Complaints and discipline Part 7
Unprofessional conduct Division 5
s. 96
1 (a) disciplinary proceedings taken by a regulatory authority
2 under this Act or a corresponding law; or
3 (b) proceedings for an offence under section 193; or
4 (c) proceedings for perjury.
5 (4) This section is in addition to, and does not affect the operation
6 of, the Evidence Act 1906 section 11.
7 96. Protection for compliance with direction
8 (1) A person must comply with a direction given to the person
9 under section 94(1) despite the provisions of any other written
10 law.
11 (2) However --
12 (a) no civil or criminal liability is incurred as a result of
13 compliance with the direction; and
14 (b) compliance with the direction cannot be regarded as --
15 (i) a breach of any duty of confidentiality or secrecy
16 imposed by law; or
17 (ii) a breach of professional ethics, professional
18 standards or any principles of conduct applicable
19 to the person's employment; or
20 (iii) unprofessional conduct (however described).
21 97. Disruption of inquiry
22 (1) A person must not hinder or obstruct the conduct of an inquiry.
23 Penalty for this subsection: a fine of $5 000.
24 (2) A person must not insult the Board when it is conducting an
25 inquiry.
26 Penalty for this subsection: a fine of $5 000.
27 98. Immunity for person performing inquiry functions
28 A person who performs a function in relation to an inquiry, or is
29 otherwise concerned in an inquiry, has the same protection and
page 71
Veterinary Practice Bill 2020
Part 7 Complaints and discipline
Division 5 Unprofessional conduct
s. 99
1 immunity as a member or officer of the Supreme Court, or a
2 witness or party before the Supreme Court, would have in
3 respect of a similar function or concern related to the
4 jurisdiction of the Supreme Court.
5 Subdivision 2 -- Dealing with complaint after inquiry
6 99. Board to decide how to deal with complaint
7 (1) After an inquiry into a complaint is completed, the Board must
8 decide to deal with the complaint in 1 of the following ways --
9 (a) dismiss the complaint under section 87(2);
10 (b) make a finding of unprofessional conduct against the
11 respondent;
12 (c) refer the complaint to the Tribunal if the Board
13 considers that the respondent may have engaged in
14 professional misconduct.
15 (2) Notice of a decision under subsection (1) must be given in
16 accordance with section 108.
17 100. Orders following finding by Board
18 (1) If a finding is made against a respondent under section 99(1)(b),
19 the Board may do 1 or more of the following --
20 (a) order that the respondent be reprimanded;
21 (b) order that the respondent pay to the Board a fine of a
22 specified amount not exceeding --
23 (i) if the respondent is or was a veterinarian --
24 $2 000; or
25 (ii) if the respondent is or was a veterinary nurse --
26 $1 000;
27 (c) if the respondent is a veterinarian or veterinary nurse,
28 order that --
29 (i) a condition be imposed on the registration of the
30 respondent; or
page 72
Veterinary Practice Bill 2020
Complaints and discipline Part 7
State Administrative Tribunal Division 6
s. 101
1 (ii) an existing condition on the registration of the
2 respondent be modified.
3 (2) Notice of an order under subsection (1) must be given in
4 accordance with section 108.
5 (3) An order under subsection (1) takes effect on the later of the
6 following --
7 (a) the day on which notice of the order is given to the
8 respondent;
9 (b) the day (if any) specified in the order.
10 Division 6 -- State Administrative Tribunal
11 101. Powers of Tribunal to deal with complaint
12 The Tribunal may deal with a complaint referred to it under
13 section 86(2)(c) in 1 of the following ways --
14 (a) dismiss the complaint;
15 (b) make a finding of unprofessional conduct against the
16 respondent;
17 (c) make a finding of professional misconduct against the
18 respondent.
19 102. Orders following finding by Tribunal
20 (1) If a finding is made against a respondent under section 101(b),
21 the Tribunal may make any order that may be made by the
22 Board under section 100(1).
23 (2) If a finding is made against a respondent under section 101(c),
24 the Tribunal may do 1 or more of the following --
25 (a) order that the respondent be reprimanded;
26 (b) order that the respondent pay to the Board a fine of a
27 specified amount not exceeding --
28 (i) if the respondent is or was a veterinarian --
29 $10 000; or
page 73
Veterinary Practice Bill 2020
Part 7 Complaints and discipline
Division 6 State Administrative Tribunal
s. 103
1 (ii) if the respondent is or was a veterinary nurse --
2 $5 000;
3 (c) if the respondent is a veterinarian or veterinary nurse --
4 (i) order that a condition be imposed on the
5 registration of the respondent; or
6 (ii) order that an existing condition on the
7 registration of the respondent be modified; or
8 (iii) order the suspension of the respondent's
9 registration for a period specified in the order; or
10 (iv) order the cancellation of the respondent's
11 registration; or
12 (v) if an order is made under subparagraph (iv),
13 order that the respondent be disqualified from
14 applying for registration indefinitely or for a
15 period specified in the order;
16 (d) if the respondent is not a veterinarian or veterinary
17 nurse, order that the respondent be disqualified from
18 applying for registration indefinitely or for a period
19 specified in the order.
20 103. Interlocutory or interim orders
21 (1) In a proceeding on a complaint referred to it under
22 section 86(2)(c), the Tribunal may make any interlocutory or
23 interim order it considers appropriate before making its final
24 decision in relation to the complaint.
25 (2) Without limiting subsection (1), the Tribunal may make an
26 order --
27 (a) imposing a condition on the registration of the
28 respondent; or
29 (b) modifying an existing condition on the registration of
30 the respondent; or
31 (c) suspending the registration of the respondent for a
32 period specified in the order; or
page 74
Veterinary Practice Bill 2020
Complaints and discipline Part 7
Other matters Division 7
s. 104
1 (d) requiring the respondent to undergo a health assessment.
2 (3) If the Tribunal makes an order under subsection (2)(d), the
3 Tribunal may make an order requiring --
4 (a) the Board to appoint a medical practitioner or
5 psychologist to conduct the health assessment; and
6 (b) the person appointed under paragraph (a) to give a
7 written report about the health assessment to the
8 Tribunal; and
9 (c) the Board to pay the costs and expenses arising from, or
10 incidental to, the health assessment and the provision of
11 the report.
12 104. Board to give effect to orders of Tribunal
13 The Board must give effect to or enforce an order made by the
14 Tribunal under section 102 or 103 to the extent that it is an order
15 that is capable of being given effect to or enforced by the Board.
16 Division 7 -- Other matters
17 105. Examples of conditions
18 (1) In this section --
19 specified means specified in the order imposing the condition.
20 (2) Without limiting sections 100(1)(c)(i), 102(2)(c)(i)
21 and 103(2)(a), the following are examples of conditions that can
22 be imposed under those provisions --
23 (a) a condition requiring the respondent to complete a
24 specified course of relevant education;
25 (b) a condition requiring the respondent to undertake a
26 specified period of practice or work under specified
27 supervision;
28 (c) a condition requiring the respondent to do or refrain
29 from doing something in connection with veterinary
30 medicine;
page 75
Veterinary Practice Bill 2020
Part 7 Complaints and discipline
Division 7 Other matters
s. 106
1 (d) a condition requiring the respondent to undergo
2 specified counselling or medical treatment or act in
3 accordance with specified medical advice concerning
4 the respondent;
5 (e) if the respondent is a veterinarian, a condition requiring
6 that the practice by the respondent of veterinary
7 medicine, or the respondent's veterinary practice
8 business --
9 (i) be conducted for a specified period in a specified
10 way or subject to specified conditions; or
11 (ii) be subject to periodic inspection for a specified
12 period.
13 106. Records of action taken by Board
14 The Board must ensure that accurate records are kept of each
15 decision or order made, or other action taken, by the Board
16 under this Part in relation to a person.
17 107. Order to pay costs and expenses of investigation or inquiry
18 (1) The Board may order that the respondent pay to the Board any
19 costs and expenses of, arising from, or incidental to, the
20 investigation of a complaint or an inquiry into a complaint, that
21 the Board thinks fit.
22 (2) However, the Board cannot make an order under subsection (1)
23 unless a finding or order has been made against the respondent
24 under this Part.
25 (3) Notice of an order under subsection (1) must be given in
26 accordance with section 108.
27 (4) An order under subsection (1) takes effect on the later of the
28 following --
29 (a) the day on which notice of the order is given to the
30 respondent;
31 (b) the day (if any) specified in the order.
page 76
Veterinary Practice Bill 2020
Complaints and discipline Part 7
Other matters Division 7
s. 108
1 108. Notice of decisions or orders under this Part
2 (1) The Board must give notice of a decision or order under
3 section 86(2), 99(1), 100(1) or 107(1) to --
4 (a) the respondent; and
5 (b) if the Board considers it appropriate, the complainant.
6 (2) The notice must --
7 (a) be in writing; and
8 (b) be given as soon as practicable after the making of the
9 decision or order; and
10 (c) contain short particulars of the reasons for the decision
11 or order; and
12 (d) if the decision or order is a reviewable decision under
13 section 150, contain a statement that the respondent may
14 apply for a review of the decision or order under that
15 section.
page 77
Veterinary Practice Bill 2020
Part 8 Investigation
Division 1 Inspectors
s. 109
1 Part 8 -- Investigation
2 Division 1 -- Inspectors
3 109. Designation of inspectors
4 (1) The Board may, in writing, designate as an inspector any person
5 employed or engaged by the Board.
6 (2) A person may be designated as an inspector for a fixed or
7 indefinite period or in relation to a particular matter,
8 investigation or complaint.
9 (3) The Board may, in writing, revoke a designation at any time.
10 110. Identity card
11 (1) The Board must give an identity card to each inspector.
12 (2) An identity card must --
13 (a) identify the person as an inspector under this Act; and
14 (b) contain a recent photograph of the person.
15 (3) A person must, within 14 days after ceasing to be an inspector,
16 return the person's identity card to the Board.
17 Penalty for this subsection: a fine of $2 000.
18 (4) Subsection (3) does not apply if the person has a reasonable
19 excuse.
20 (5) An inspector must carry the inspector's identity card at all times
21 when exercising powers or performing functions as an inspector
22 under this Act.
23 111. Production or display of identity card
24 (1) An inspector may exercise a power in relation to a person only
25 if --
26 (a) the inspector first produces the inspector's identity card
27 for the person's inspection; or
page 78
Veterinary Practice Bill 2020
Investigation Part 8
Investigation Division 2
s. 112
1 (b) the inspector has the identity card displayed so it is
2 clearly visible to the person.
3 (2) However, if for any reason it is not practicable to comply with
4 subsection (1) before exercising the power, the inspector may
5 exercise the power and then produce the identity card for
6 inspection by the person at the first reasonable opportunity.
7 Division 2 -- Investigation
8 112. Direction to conduct investigation
9 The Board may direct an inspector to conduct and report on an
10 investigation for 1 or more of the following purposes
11 (investigative purposes) --
12 (a) to assist in the determination of a Part 2 application or
13 Part 3 application; or
14 (b) to monitor compliance with conditions to which
15 registration granted under Part 2 or 3 is subject;
16 (c) to monitor compliance with this Act;
17 (d) to investigate a suspected contravention of this Act;
18 (e) to investigate a complaint;
19 (f) a prescribed purpose.
20 113. Entry powers
21 (1) An inspector may, for investigative purposes, enter premises --
22 (a) if the premises are veterinary premises and the entry
23 occurs during the premises' usual hours of operation; or
24 (b) if the occupier of the premises gives informed consent to
25 the entry; or
26 (c) if the entry is authorised under an entry warrant.
page 79
Veterinary Practice Bill 2020
Part 8 Investigation
Division 2 Investigation
s. 114
1 (2) For the purposes of subsection (1)(b), an occupier of premises
2 gives informed consent to the entry of the premises if the
3 occupier consents to the entry after being informed by the
4 inspector --
5 (a) of the powers that the inspector wants to exercise in
6 respect of the premises; and
7 (b) of the reason why the inspector wants to exercise those
8 powers; and
9 (c) that the occupier can refuse to consent to the inspector
10 doing so.
11 114. Powers after entering premises
12 (1) An inspector who enters premises under section 113(1) may, for
13 investigative purposes, do 1 or more of the following --
14 (a) inspect the premises and any thing at the premises;
15 (b) search the premises and any thing at the premises;
16 (c) examine, measure, test, photograph or film any part of
17 the premises or any thing at the premises;
18 (d) operate equipment, including (without limitation) a
19 computer, or facilities at the premises or direct a person
20 at the premises to do so;
21 (e) take any thing, or a sample of or from any thing, at the
22 premises for analysis or testing;
23 (f) make a copy of, take an extract from, or download or
24 print out, any document or other thing at the premises;
25 (g) take into or onto premises any person, equipment and
26 materials the inspector reasonably requires;
27 (h) direct the occupier of the premises, or a person at the
28 premises, to give the inspector such assistance as the
29 inspector reasonably requires.
page 80
Veterinary Practice Bill 2020
Investigation Part 8
Investigation Division 2
s. 115
1 (2) If an inspector gives a direction to a person under
2 subsection (1)(h), the inspector must inform the person that --
3 (a) under this Act, the person is required to comply with the
4 direction; and
5 (b) failure to do so may constitute an offence under
6 section 116(1).
7 115. Powers to obtain information
8 (1) In this section --
9 criminal record check means a document issued by the Police
10 Force of Western Australia, the Australian Federal Police or
11 another body or agency approved by the Board that sets out the
12 criminal convictions (if any) of a person for offences under the
13 law of this State, the Commonwealth, another State or a
14 Territory.
15 (2) An inspector may, for investigative purposes, do 1 or more of
16 the following --
17 (a) direct a person to produce a document or other thing that
18 is in the person's possession or under the person's
19 control;
20 (b) direct a person to produce a criminal record check for
21 the person issued not more than 3 months before the
22 date of the direction;
23 (c) direct a person --
24 (i) to give such information as is requested in
25 relation to any matter; or
26 (ii) to answer a question put to the person.
27 (3) An inspector may --
28 (a) inspect a document or other thing produced in response
29 to a direction under subsection (2)(a) or (b) and retain it
30 for any reasonable period that the inspector considers
31 appropriate; and
page 81
Veterinary Practice Bill 2020
Part 8 Investigation
Division 2 Investigation
s. 115
1 (b) make a copy of a document produced in response to a
2 direction under subsection (2)(a) or (b).
3 (4) A direction under subsection (2)(a) or (b) --
4 (a) must specify the time at or within which the document
5 or other thing must be produced; and
6 (b) may require that the document or other thing be
7 produced --
8 (i) at a place specified in the direction; and
9 (ii) by any means specified in the direction.
10 (5) A direction under subsection (2)(c) --
11 (a) must specify the time at or within which the information
12 or answer must be given; and
13 (b) may direct that the information or answer --
14 (i) be given orally or in writing; or
15 (ii) be given at, or sent or delivered to, a place
16 specified in the direction; or
17 (iii) in the case of written information or a written
18 answer, be sent or delivered by the means
19 specified in the direction; or
20 (iv) in the case of written information or a written
21 answer, be verified by statutory declaration.
22 (6) If an inspector gives a written direction to a person under
23 subsection (2), the direction must state that --
24 (a) under this Act, the person is required to comply with the
25 direction; and
26 (b) failure to do so may constitute an offence under
27 section 116(1).
28 (7) If an inspector gives an oral direction to a person under
29 subsection (2), the inspector must inform the person that --
30 (a) under this Act, the person is required to comply with the
31 direction; and
page 82
Veterinary Practice Bill 2020
Investigation Part 8
Investigation Division 2
s. 116
1 (b) failure to do so may constitute an offence under
2 section 116(1).
3 116. Failure to comply with direction
4 (1) A person who fails to comply with a direction given to the
5 person under section 114(1)(h) or 115(2) commits an offence
6 unless --
7 (a) the person was not informed when the direction was
8 given that a failure to comply with the direction may
9 constitute an offence under this subsection; or
10 (b) the person has a reasonable excuse for failing to comply
11 with the direction.
12 Penalty for this subsection: a fine of $5 000.
13 (2) For the purposes of subsection (1)(b), it is not a reasonable
14 excuse for a person to fail to comply with a direction under
15 section 115(2) on the ground that to do so might incriminate the
16 person or render the person liable to a penalty.
17 (3) However, any information or answer given by an individual, or
18 the fact that a document or other thing was produced by an
19 individual, in compliance with a direction given to the
20 individual under section 115(2) is not admissible in evidence
21 against the individual in any proceedings other than --
22 (a) disciplinary proceedings taken by a regulatory authority
23 under this Act, or a corresponding law; or
24 (b) proceedings for an offence under section 193; or
25 (c) proceedings for perjury.
26 (4) This section is in addition to, and does not affect the operation
27 of, the Evidence Act 1906 section 11.
28 117. Obstruction
29 A person must not hinder or obstruct an inspector exercising a
30 power under this Division.
31 Penalty: a fine of $10 000.
page 83
Veterinary Practice Bill 2020
Part 8 Investigation
Division 3 Entry warrants
s. 118
1 118. Assistance to person entering premises
2 The following persons must ensure that all reasonable assistance
3 is provided to a person entering and inspecting veterinary
4 premises under this Division --
5 (a) the registered practice owner for the premises;
6 (b) a veterinarian who practises veterinary medicine at the
7 premises;
8 (c) a veterinary nurse who works at the premises.
9 Penalty: a fine of $10 000.
10 Division 3 -- Entry warrants
11 119. Application for entry warrant
12 (1) An inspector may apply to a magistrate for an entry warrant
13 authorising the entry of premises for investigative purposes.
14 (2) An inspector may apply for an entry warrant for premises even
15 if the inspector has power to enter the premises without a
16 warrant.
17 (3) The Criminal Investigation Act 2006 section 13 applies to and
18 in respect of an application made under this section and
19 section 13(8) of that Act applies in relation to an entry warrant.
20 (4) An application made under this section must --
21 (a) describe with reasonable particularity the premises to be
22 entered; and
23 (b) state that the inspector has reasonable grounds for
24 believing that entry to the premises is necessary for
25 investigative purposes; and
26 (c) state the purposes for which entry to the premises is
27 required; and
28 (d) include any prescribed information.
page 84
Veterinary Practice Bill 2020
Investigation Part 8
Entry warrants Division 3
s. 120
1 120. Issue of entry warrant
2 (1) A magistrate to whom an application is made under section 119
3 may issue an entry warrant if satisfied that there are reasonable
4 grounds for believing that entry to the premises is necessary for
5 investigative purposes.
6 (2) An entry warrant must contain the following information --
7 (a) a reasonably particular description of the premises to be
8 entered;
9 (b) a reasonably particular description of the purposes for
10 which entry to the premises is required;
11 (c) the period, not exceeding 30 days, during which it may
12 be executed;
13 (d) the name of the magistrate who issued it;
14 (e) the date and time when it was issued.
15 121. Duration of entry warrant
16 (1) An entry warrant remains in force for the period specified under
17 section 120(2)(c).
18 (2) Subsection (1) is subject to section 122(3).
19 122. Effect of entry warrant
20 (1) An entry warrant has effect according to its content and this
21 section.
22 (2) An entry warrant comes into force when it is issued by a
23 magistrate.
24 (3) An entry warrant ceases to be in force when it is executed.
25 (4) An entry warrant authorises the inspector executing the warrant,
26 during the period specified under section 120(2)(c), to --
27 (a) enter the premises described in the warrant; and
28 (b) exercise the powers referred to in section 114(1).
page 85
Veterinary Practice Bill 2020
Part 8 Investigation
Division 3 Entry warrants
s. 123
1 123. Execution of entry warrant
2 (1) An entry warrant may be executed by the inspector to whom it
3 is issued or by any other inspector.
4 (2) An inspector executing an entry warrant must, at the reasonable
5 request of a person apparently in charge of the premises,
6 produce the warrant.
page 86
Veterinary Practice Bill 2020
Notification of impairment Part 9
s. 124
1 Part 9 -- Notification of impairment
2 124. Notification
3 (1) A person may notify the Board that a veterinarian or veterinary
4 nurse has, or may have, an impairment that has placed, or may
5 place, a person or animal at risk of substantial injury or harm in
6 the course of the practice by the veterinarian or veterinary nurse
7 of their profession.
8 (2) A notification should be made in writing, but the Board may
9 formulate in writing any oral notification received.
10 (3) A notification must --
11 (a) identify the person making the notification (the
12 notifier); and
13 (b) identify the person about whom the notification is made;
14 and
15 (c) include particulars of the basis on which the notification
16 is made; and
17 (d) if the notifier does not want the notifier's identity
18 disclosed to the person about whom the notification is
19 made, include reasons why the notifier's identity should
20 not be disclosed.
21 125. Board to give notice of notification
22 (1) The Board must give written notice to a veterinarian or
23 veterinary nurse that a notification has been made about the
24 veterinarian or veterinary nurse as soon as practicable after the
25 notification is made.
26 (2) The notice must --
27 (a) set out the nature of the notification; and
28 (b) subject to subsection (3), identify the notifier; and
page 87
Veterinary Practice Bill 2020
Part 9 Notification of impairment
s. 126
1 (c) specify a reasonable period within which the
2 veterinarian or veterinary nurse may give the Board a
3 written response to the notification.
4 (3) The Board may omit the notifier's identity from the notice if the
5 Board considers it appropriate to do so, having regard to any
6 reasons provided by the notifier under section 124(3)(d).
7 (4) Despite subsection (1), the Board is not required to give notice
8 under that subsection if the Board considers that giving the
9 notice will or is likely to --
10 (a) place the notifier or another person at risk of
11 intimidation or harassment; or
12 (b) be prejudicial to the physical or mental health or
13 wellbeing of the veterinarian or veterinary nurse.
14 (5) In a case to which subsection (4) applies, the Board may
15 postpone giving the notice until the Board considers that it is
16 appropriate to do.
17 (6) For the purposes of preparing the notice, the Board --
18 (a) may request the notifier to give further information to
19 the Board; but
20 (b) must not --
21 (i) request any other person to give information to
22 the Board; or
23 (ii) disclose to any other person that the notification
24 has been made.
25 126. Board to assess notification
26 (1) The Board must assess each notification as soon as practicable
27 after it is made.
28 (2) For the purposes of assessing a notification, the Board --
29 (a) may request --
30 (i) the notifier to give further information to the
31 Board; or
page 88
Veterinary Practice Bill 2020
Notification of impairment Part 9
s. 127
1 (ii) the veterinarian or veterinary nurse to give
2 information to the Board;
3 but
4 (b) must not --
5 (i) request any other person to give information to
6 the Board; or
7 (ii) disclose to any other person that the notification
8 has been made.
9 (3) When assessing a notification the Board must, if the
10 veterinarian or veterinary nurse has been given notice of the
11 notification under section 125(1), take into account any written
12 response to the notification given within the period specified in
13 the notice.
14 127. Ways in which Board deals with notification
15 (1) As soon as practicable after assessing a notification, the Board
16 must deal with the notification by --
17 (a) requiring the veterinarian or veterinary nurse to undergo
18 a health assessment; or
19 (b) deciding to take no further action in relation to the
20 notification.
21 (2) Part 10 applies in relation to a requirement under
22 subsection (1)(a) as if it were a requirement under
23 section 129(1).
24 (3) The Board may decide to take no further action in relation to the
25 notification if it considers that --
26 (a) the matter that is the basis of the notification is --
27 (i) the basis of a previous notification that is being,
28 or has been dealt with, under this Part; or
29 (ii) a matter that is being, or has been dealt with,
30 under Part 7 in connection with a complaint;
31 or
page 89
Veterinary Practice Bill 2020
Part 9 Notification of impairment
s. 127
1 (b) the notification is vexatious, trivial, unreasonable or
2 lacking in substance.
page 90
Veterinary Practice Bill 2020
Health assessments Part 10
s. 128
1 Part 10 -- Health assessments
2 128. Terms used
3 In this Part --
4 assessor means an assessor appointed under section 131(1);
5 veterinary practitioner means a person who is --
6 (a) an applicant for registration, or renewal of registration,
7 under Part 2; or
8 (b) a veterinarian or veterinary nurse.
9 129. Health assessments
10 (1) The Board may require a veterinary practitioner to undergo a
11 health assessment if the Board reasonably believes that the
12 veterinary practitioner has, or may have, an impairment.
13 (2) A requirement under subsection (1) must --
14 (a) be in writing given to the veterinary practitioner; and
15 (b) inform the veterinary practitioner that the veterinary
16 practitioner is required to undergo a health assessment;
17 and
18 (c) specify the basis for the Board's belief that the
19 veterinary practitioner has, or may have, an impairment;
20 and
21 (d) specify the nature of the health assessment; and
22 (e) specify the time at or within which the health
23 assessment must be undertaken; and
24 (f) inform the veterinary practitioner that if the veterinary
25 practitioner does not undergo the health assessment, the
26 Board may continue to deal with any application,
27 complaint or other matter relating to the veterinary
28 practitioner.
page 91
Veterinary Practice Bill 2020
Part 10 Health assessments
s. 130
1 130. Show cause process for proposed requirement
2 (1) If the Board proposes to impose a requirement under
3 section 129(1), the Board must give the veterinary practitioner
4 written notice of the proposed requirement.
5 (2) The notice must invite the veterinary practitioner to make a
6 written submission to the Board about the proposed requirement
7 within a reasonable period specified in the notice.
8 (3) The Board must have regard to any submission made in
9 accordance with the notice in deciding whether to impose the
10 proposed requirement.
11 131. Appointment of assessor
12 (1) If the Board requires a veterinary practitioner to undergo a
13 health assessment, the Board must appoint an assessor to
14 conduct the assessment.
15 (2) The assessor must be a medical practitioner or psychologist.
16 (3) The Board must --
17 (a) consult the veterinary practitioner before appointing the
18 assessor; and
19 (b) notify the veterinary practitioner in writing of the
20 appointment of the assessor.
21 132. Report on health assessment
22 (1) As soon as practicable after conducting a health assessment, the
23 assessor must give a written report about the assessment to the
24 Board.
25 (2) The assessor may, on request, give the Board any additional
26 written information in relation to the health assessment that the
27 Board requires for the purposes of determining whether the
28 veterinary practitioner has an impairment.
page 92
Veterinary Practice Bill 2020
Health assessments Part 10
s. 133
1 133. Copy of report and additional information to be given to
2 veterinary practitioner
3 (1) As soon as practicable after receiving the assessor's report and
4 any additional information under section 132 (the assessment
5 material), the Board must give a copy of the assessment
6 material to --
7 (a) the veterinary practitioner; or
8 (b) if the assessment material includes information the
9 assessor considers may, if disclosed to the veterinary
10 practitioner, be prejudicial to the veterinary
11 practitioner's physical or mental health or wellbeing --
12 a medical practitioner or psychologist nominated by the
13 veterinary practitioner.
14 (2) Subsection (3) applies if --
15 (a) a medical practitioner or psychologist nominated by the
16 veterinary practitioner is given a copy of the assessment
17 material under subsection (1)(b); and
18 (b) in the view of the medical practitioner or psychologist,
19 the assessment material is no longer prejudicial to the
20 veterinary practitioner's physical or mental health or
21 wellbeing.
22 (3) The medical practitioner or psychologist must give a copy of the
23 assessment material to the veterinary practitioner as soon as
24 practicable after forming the view mentioned in
25 subsection (2)(b).
26 (4) After the veterinary practitioner has been given a copy of the
27 assessment material under subsection (1)(a) or (3) a person
28 nominated by the Board must discuss the contents of the
29 assessment material with the veterinary practitioner if the
30 assessment material --
31 (a) is critical of the veterinary practitioner's fitness to
32 practise veterinary medicine or as a veterinary nurse; or
page 93
Veterinary Practice Bill 2020
Part 10 Health assessments
s. 134
1 (b) expresses the view that the veterinary practitioner has an
2 impairment.
3 (5) A discussion referred to in subsection (4) may include a
4 discussion about whether the veterinary practitioner is prepared
5 to --
6 (a) cease practising veterinary medicine or as a veterinary
7 nurse; or
8 (b) alter the way that the veterinary practitioner practises
9 veterinary medicine or as a veterinary nurse.
10 134. Decision by Board
11 After considering the assessment material referred to in
12 section 133(1) and any discussion with the veterinary
13 practitioner under section 133(4), the Board may decide to --
14 (a) take any other action the Board considers necessary or
15 appropriate under this Act, including the following --
16 (i) refuse the veterinary practitioner's application
17 for registration, or renewal of registration, under
18 Part 2;
19 (ii) impose conditions on the veterinary
20 practitioner's registration under section 25(1);
21 (iii) make an immediate action order in relation to the
22 veterinary practitioner;
23 (iv) determine under section 84(1) to deal with the
24 matter as if it were the subject of a complaint;
25 or
26 (b) take no further action in relation to the matter.
27 135. Fees of assessor
28 Fees charged by an assessor for any of the following matters are
29 payable by the Board --
30 (a) the conduct of a health assessment;
page 94
Veterinary Practice Bill 2020
Health assessments Part 10
s. 135
1 (b) the provision of a report under section 132(1);
2 (c) the provision of additional information under
3 section 132(2).
page 95
Veterinary Practice Bill 2020
Part 11 Recording, disclosure or use of information
s. 136
1 Part 11 -- Recording, disclosure or use of information
2 136. Term used: disclose
3 In this Part --
4 disclose, in relation to information, includes to divulge or
5 communicate to any person and to publish.
6 137. Confidentiality
7 (1) A person must not (whether directly or indirectly) record,
8 disclose or use any information that was obtained because of --
9 (a) the person's office, position, employment or
10 engagement under or for the purposes of this Act; or
11 (b) any disclosure made to the person under this Act.
12 Penalty for this subsection: a fine of $10 000.
13 (2) Subsection (1) does not apply in relation to the recording,
14 disclosure or use of statistical or other information that is not
15 personal information.
16 (3) A person does not commit an offence under subsection (1) if the
17 recording, disclosure or use of the information is authorised
18 under section 138.
19 138. Authorised recording, disclosure or use of information
20 (1) The recording, disclosure or use of information is authorised if
21 the information is recorded, disclosed or used in good faith in
22 any of these circumstances --
23 (a) for the purposes of, or in connection with the
24 performance of, a function under this Act;
25 (b) under this Act or another written law;
26 (c) under an order of a court or other person or body acting
27 judicially;
page 96
Veterinary Practice Bill 2020
Recording, disclosure or use of information Part 11
s. 139
1 (d) in the case of personal information, with the consent of
2 the person, or each person, to whom the information
3 relates.
4 (2) In addition to subsection (1), the disclosure of information is
5 authorised if the information is disclosed to --
6 (a) a court or other person or body acting judicially in the
7 course of proceedings before the court or other person or
8 body; or
9 (b) an interstate regulatory authority with responsibility for
10 administering a corresponding law in connection with
11 the administration of that law.
12 (3) Subsections (1) and (2) extend to the disclosure of information
13 that was disclosed under a corresponding law to a regulatory
14 authority of this State.
15 (4) If the recording, disclosure or use of information is authorised
16 under this section --
17 (a) no civil or criminal liability is incurred in respect of the
18 recording, disclosure or use; and
19 (b) the recording, disclosure or use cannot be regarded as --
20 (i) a breach of any duty of confidentiality or secrecy
21 imposed by law; or
22 (ii) a breach of professional ethics or standards or
23 any principles of conduct applicable to a
24 person's employment; or
25 (iii) unprofessional conduct (however described).
26 139. Disclosure of information by Board to interstate regulatory
27 authority
28 (1) The Board may, subject to the regulations, disclose information
29 to an interstate regulatory authority about any matter relating to
30 or arising under this Act or a corresponding law.
page 97
Veterinary Practice Bill 2020
Part 11 Recording, disclosure or use of information
s. 139
1 (2) The regulations may regulate the disclosure of information
2 under subsection (1) to --
3 (a) a prescribed interstate regulatory authority; or
4 (b) an interstate regulatory authority of a prescribed class.
5 (3) This section is in addition to, and does not affect the operation
6 of, section 192.
page 98
Veterinary Practice Bill 2020
Legal proceedings Part 12
General provisions about legal proceedings Division 1
s. 140
1 Part 12 -- Legal proceedings
2 Division 1 -- General provisions about legal proceedings
3 140. Commencing legal proceedings
4 (1) Proceedings for an offence under this Act or in respect of any
5 other matter arising under this Act may be commenced in the
6 name of the Board by --
7 (a) the Board; or
8 (b) a person authorised to do so by the Board.
9 (2) Proceedings for an offence under this Act must be heard by a
10 court of summary jurisdiction constituted by a magistrate.
11 (3) In proceedings for an offence under this Act, unless evidence is
12 given to the contrary, proof is not required --
13 (a) of the authority of a person to commence proceedings;
14 or
15 (b) that a signature on a prosecution notice is the signature
16 of a person authorised to commence proceedings.
17 (4) Subsection (1) does not limit the ability of a person to
18 commence or conduct the prosecution of an offence under this
19 Act if the person has authority at law to do so.
20 141. Time limit for commencing prosecutions
21 (1) A prosecution for an offence under this Act must be
22 commenced within 2 years after the day on which the offence
23 was allegedly committed.
24 (2) However, if a prosecution notice alleging an offence specifies
25 the day on which evidence of the alleged offence first came to
26 the attention of the Board --
27 (a) the prosecution may be commenced within 2 years after
28 that day; and
page 99
Veterinary Practice Bill 2020
Part 12 Legal proceedings
Division 1 General provisions about legal proceedings
s. 142
1 (b) the prosecution notice need not contain particulars of the
2 day on which the offence is alleged to have been
3 committed.
4 (3) The day on which evidence of the alleged offence first came to
5 the attention of the Board is, in the absence of evidence to the
6 contrary, the day specified in the prosecution notice.
7 142. Liability of officers for offence by body corporate
8 (1) This section applies to an offence under a provision listed in the
9 Table.
10 Table
s. 57(1), (2), (3) and (4) s. 58(2) and (3)
s. 60(1) and (3) s. 65(2) and (4)
11 (2) If a body corporate is guilty of an offence to which this section
12 applies, an officer of the body corporate is also guilty of the
13 offence if the officer failed to take all reasonable steps to
14 prevent the commission of the offence by the body corporate.
15 (3) In determining whether things done or omitted to be done by the
16 officer constitute reasonable steps, a court must have regard
17 to --
18 (a) what the officer knew, or ought to have known, about
19 the commission of the offence by the body corporate;
20 and
21 (b) whether the officer was in a position to influence the
22 conduct of the body corporate in relation to the
23 commission of the offence; and
24 (c) any other relevant matter.
page 100
Veterinary Practice Bill 2020
Legal proceedings Part 12
General provisions about legal proceedings Division 1
s. 143
1 143. Further provisions relating to liability of officers of body
2 corporate
3 (1) Section 142 does not affect the liability of a body corporate for
4 any offence.
5 (2) Section 142 does not affect the liability of an officer, or any
6 other person, under The Criminal Code Chapters II, LVII, LVIII
7 and LIX.
8 (3) An officer of a body corporate may be charged with, and
9 convicted of, an offence in accordance with section 142 whether
10 or not the body corporate is charged with, or convicted of, the
11 principal offence committed by the body corporate.
12 (4) If an officer of a body corporate who is charged with an offence
13 in accordance with section 142 claims that the body corporate
14 would have a defence if it were charged with the offence --
15 (a) the onus of proving the defence is on the officer; and
16 (b) the standard of proof required is the standard that would
17 apply to the body corporate in relation to the defence.
18 (5) Subsection (4) does not limit any other defence available to the
19 officer.
20 144. Act does not affect legal professional privilege
21 Nothing in this Act prevents a person from refusing to answer a
22 question, give information or produce a document or other thing
23 because the answer or information would relate to, or the
24 document or thing contains, information in respect of which the
25 person claims legal professional privilege.
26 145. Recovery of amounts due
27 The following amounts are recoverable by the Board in a court
28 of competent jurisdiction as debts due to the Board --
29 (a) fees payable under this Act;
page 101
Veterinary Practice Bill 2020
Part 12 Legal proceedings
Division 2 Evidence in legal proceedings
s. 146
1 (b) fines, costs or expenses payable under an order made
2 under Part 7.
3 Division 2 -- Evidence in legal proceedings
4 146. Certain matters taken to be proved
5 (1) In proceedings under this Act, in the absence of evidence to the
6 contrary --
7 (a) an allegation in a prosecution notice of any of the
8 matters described in subsection (2) is taken to be
9 proved; and
10 (b) the following are taken to be proved --
11 (i) that a document purporting to have been given or
12 executed by the Board was given or executed by
13 the Board;
14 (ii) that a document purporting to have been signed
15 or certified by a Board member, the registrar or
16 an inspector was signed or certified by someone
17 who was, at the time, such a person;
18 (iii) that a document purporting to have been signed
19 by a delegate of the Board was signed by a
20 person who was, at the time, a delegate and
21 authorised to sign it;
22 and
23 (c) a document purporting to be a certificate of registration
24 of a veterinarian, a veterinary nurse or veterinary
25 premises is evidence of the matters stated in it.
26 (2) It may be alleged that at a specified time or during a specified
27 period a specified person was --
28 (a) a Board member or the deputy of a Board member; or
29 (b) the chairperson of the Board; or
30 (c) a member of a committee; or
page 102
Veterinary Practice Bill 2020
Legal proceedings Part 12
Evidence in legal proceedings Division 2
s. 147
1 (d) the registrar, an inspector or another person employed or
2 engaged by the Board.
3 147. Evidence of certain matters may be stated in certificate
4 (1) In proceedings under this Act, a certificate under subsection (2)
5 purportedly given by the Board or the registrar is sufficient
6 evidence of the matters stated in it, except so far as the contrary
7 is shown.
8 (2) A certificate may state 1 or more of the following --
9 (a) that a person is or was, or is not or was not --
10 (i) a veterinarian;
11 (ii) a WA veterinarian;
12 (iii) an interstate veterinarian;
13 (iv) a veterinary nurse;
14 (v) an authorised person;
15 (b) that a person does or does not, or did or did not, hold a
16 specified category of registration;
17 (c) that a veterinarian is or was, or is not or was not,
18 registered in a particular specialty as a veterinary
19 specialist;
20 (d) any conditions to which the registration of a person is or
21 was subject;
22 (e) that the registration of a person has or had been
23 suspended or cancelled by a regulatory authority;
24 (f) that a person was disqualified from applying for
25 registration or being registered as a veterinarian by a
26 regulatory authority;
27 (g) that premises are or were, or are not or were not,
28 veterinary premises;
29 (h) details of an entry in the register;
page 103
Veterinary Practice Bill 2020
Part 12 Legal proceedings
Division 3 Additional orders
s. 148
1 (i) the day or days on which, or period during which,
2 anything referred to in any of paragraphs (a) to (h)
3 applied.
4 148. Evidence Act 1906 not affected
5 This Division is in addition to, and does not affect the operation
6 of, the Evidence Act 1906.
7 Division 3 -- Additional orders
8 149. Court may make additional orders
9 (1) A court sentencing a person convicted of an offence under this
10 Act may, in addition to any penalty that may be imposed in
11 respect of the offence, make an order under subsection (2).
12 (2) The court may make an order prohibiting the person convicted
13 and, if that person is a body corporate, an officer of the body
14 corporate from 1 or more of the following --
15 (a) carrying on or managing a veterinary practice business;
16 (b) having a financial interest in a veterinary practice
17 business;
18 (c) entering into commercial arrangements (whether or not
19 on behalf of another person) with a person who carries
20 on or manages a veterinary practice business.
21 (3) An order under subsection (2) must specify --
22 (a) the period of the prohibition, which may be indefinite;
23 and
24 (b) whether the prohibition is absolute or on conditions
25 specified in the order.
26 (4) The court must ensure that a copy of an order under
27 subsection (2) is given to the Board.
28 (5) An order under subsection (2) may be enforced as if it were a
29 judgment of the court.
page 104
Veterinary Practice Bill 2020
Legal proceedings Part 12
Review by State Administrative Tribunal Division 4
s. 150
1 Division 4 -- Review by State Administrative Tribunal
2 150. Review of certain decisions
3 (1) In this section --
4 person aggrieved means a person who makes a Part 2
5 application or Part 3 application or a person whose registration
6 is affected by a reviewable decision.
7 (2) A person aggrieved by a reviewable decision may apply to the
8 Tribunal for a review of the decision.
9 (3) For the purposes of subsection (2), the following decisions and
10 orders of the Board are reviewable decisions --
11 (a) a decision to refuse a Part 2 application or Part 3
12 application;
13 (b) a decision under section 25(1) to impose a condition on
14 a person's registration;
15 (c) a decision under section 26(1) to modify a condition on
16 a person's registration;
17 (d) a decision under section 29(1) to cancel a person's
18 registration;
19 (e) a decision under section 45(1) to impose a condition on
20 the registration of veterinary premises;
21 (f) a decision under section 46(1) to modify a condition on
22 the registration of veterinary premises;
23 (g) a decision under section 47(1) or (4) to cancel the
24 registration of veterinary premises;
25 (h) an immediate action order;
26 (i) a decision under section 99(1)(b) to make a finding of
27 unprofessional conduct against a person;
28 (j) an order made under section 100(1) or 107(1) against a
29 person.
page 105
Veterinary Practice Bill 2020
Part 13 Veterinary Practice Board of Western Australia
Division 1 Establishment of Board
s. 151
1 Part 13 -- Veterinary Practice Board of Western
2 Australia
3 Division 1 -- Establishment of Board
4 151. Board established
5 (1) A body called the Veterinary Practice Board of Western
6 Australia is established.
7 (2) The Board is a body corporate with perpetual succession.
8 (3) Proceedings may be taken by or against the Board in its
9 corporate name.
10 (4) The Board does not represent, and is not an agent of, the Crown.
11 152. Membership of Board
12 (1) The Board consists of 8 members appointed by the Minister.
13 (2) Before making an appointment to the Board, the Minister must
14 consult --
15 (a) the Board; and
16 (b) if the appointment is of a veterinarian --
17 (i) the Western Australian Division of the
18 Australian Veterinary Association Ltd; or
19 (ii) any other body prescribed for the purposes of
20 this paragraph;
21 and
22 (c) if the appointment is of a veterinary nurse --
23 (i) the Western Australian Division of the
24 Veterinary Nurses Council of Australia Inc.; or
25 (ii) any other body prescribed for the purposes of
26 this paragraph.
27 (3) A person is eligible to be appointed to the Board only if the
28 person's principal place of residence is in this State.
page 106
Veterinary Practice Bill 2020
Veterinary Practice Board of Western Australia Part 13
Establishment of Board Division 1
s. 153
1 (4) Of the Board members --
2 (a) 4 must be WA veterinarians who between them have the
3 experience, skills or qualifications the Minister
4 considers appropriate to effectively carry out the
5 functions of the Board under this Act; and
6 (b) 1 must be a veterinary nurse; and
7 (c) 1 must be a person who is both --
8 (i) a WA veterinarian; and
9 (ii) an officer of the department of the Public Service
10 principally assisting in the administration of the
11 Biosecurity and Agriculture Management
12 Act 2007;
13 and
14 (d) 1 must be a person who has knowledge of and
15 experience in representing the interests of consumers;
16 and
17 (e) 1 must be a legal practitioner.
18 153. Chairperson of Board
19 The Board members must elect a Board member to be the
20 chairperson of the Board.
21 154. Deputy members
22 (1) The Minister may appoint a person as the deputy of a Board
23 member.
24 (2) Before making an appointment under subsection (1), the
25 Minister must consult the Board.
26 (3) A person appointed under subsection (1) must be eligible to be
27 appointed as the Board member for whom the person is the
28 deputy.
page 107
Veterinary Practice Bill 2020
Part 13 Veterinary Practice Board of Western Australia
Division 1 Establishment of Board
s. 155
1 (4) The deputy of a Board member is entitled to act in the Board
2 member's place if the Board member is unable to act for any
3 reason, including the following --
4 (a) illness;
5 (b) absence;
6 (c) the operation of section 183(1).
7 (5) While acting in accordance with their appointment, the deputy
8 of a Board member is taken to be, and to have any entitlement
9 of, a Board member.
10 (6) An act or omission of the deputy of a Board member cannot be
11 questioned on the ground that the occasion for their appointment
12 or acting had not arisen or had ceased.
13 155. Remuneration and allowances of Board members
14 A Board member is entitled to be paid any remuneration and
15 allowances that the Minister may determine on the
16 recommendation of the Public Sector Commissioner.
17 156. Leave of absence
18 The Board may grant leave of absence to a Board member on
19 any terms and conditions the Board determines.
20 157. Execution of documents by Board
21 (1) The Board must have a common seal.
22 (2) A document is duly executed by the Board if --
23 (a) the common seal of the Board is affixed to it in
24 accordance with subsections (3) and (4); or
25 (b) it is signed on behalf of the Board by a person or
26 persons authorised to do so under subsection (5).
27 (3) The common seal of the Board must not be affixed to any
28 document except as authorised by the Board.
page 108
Veterinary Practice Bill 2020
Veterinary Practice Board of Western Australia Part 13
Functions, powers and delegation Division 2
s. 158
1 (4) The common seal of the Board must be affixed to a document in
2 the presence of 2 Board members, each of whom must sign the
3 document to attest that the common seal was so affixed.
4 (5) The Board may, by writing under its common seal, authorise
5 1 or more of the following persons to sign documents on behalf
6 of the Board, either generally or subject to the conditions that
7 are specified in the authorisation --
8 (a) a Board member; or
9 (b) a person employed or engaged by the Board.
10 (6) A document purporting to be executed in accordance with this
11 section must be presumed to be duly executed unless the
12 contrary is shown.
13 (7) When a document is produced bearing a seal purporting to be
14 the common seal of the Board, it must be presumed that the seal
15 is the common seal of the Board unless the contrary is shown.
16 Division 2 -- Functions, powers and delegation
17 158. Functions of Board
18 The Board has the following functions --
19 (a) to regulate the practice of veterinary medicine in this
20 State;
21 (b) to cooperate with other participating jurisdictions to
22 further a common and harmonious approach to the
23 administration of legislation relating to veterinarians;
24 (c) to liaise with and, if the Board considers it appropriate,
25 become a member of professional organisations of
26 veterinarians or veterinary nurses, or of associations of
27 veterinary boards (however described);
28 (d) to provide information to veterinarians and veterinary
29 nurses, including information about regulatory
30 requirements, and professional and ethical standards, for
31 veterinarians and veterinary nurses;
page 109
Veterinary Practice Bill 2020
Part 13 Veterinary Practice Board of Western Australia
Division 2 Functions, powers and delegation
s. 159
1 (e) to provide general information to consumers of
2 veterinary services about regulatory requirements, and
3 professional and ethical standards, for veterinarians and
4 veterinary nurses;
5 (f) to provide advice to the Minister on matters to which
6 this Act applies;
7 (g) any other function conferred on the Board under this Act
8 or any other Act.
9 159. Powers of Board
10 (1) In this section --
11 acquire includes to take on lease or licence or in any other way
12 in which real property may be acquired;
13 dispose of includes to dispose of by lease or licence or in any
14 other way in which real property may be disposed of.
15 (2) The Board has all the powers it needs to perform its functions.
16 (3) However, the Board must not acquire, hold, dispose of or
17 otherwise deal in real property other than premises used, to be
18 used, or previously used, by it as office premises.
19 160. Delegation by Board
20 (1) Except as provided in subsection (2), the Board may delegate
21 any power or duty of the Board under another provision of this
22 Act to --
23 (a) a Board member; or
24 (b) a committee; or
25 (c) a member of a committee; or
26 (d) a person employed or engaged by the Board.
27 (2) The Board cannot delegate its powers to make, vary or revoke
28 an immediate action order under Part 6.
29 (3) A delegation must be in writing executed by the Board.
page 110
Veterinary Practice Bill 2020
Veterinary Practice Board of Western Australia Part 13
Staff Division 3
s. 161
1 (4) A person or committee to whom or which a power or duty is
2 delegated under this section cannot delegate that power or duty.
3 (5) A person or committee exercising or performing a power or
4 duty that has been delegated to the person or committee under
5 this section is taken to do so in accordance with the terms of the
6 delegation unless the contrary is shown.
7 (6) Nothing in this section limits the ability of the Board to perform
8 a function through an agent or a person employed or engaged by
9 the Board.
10 (7) This section does not apply to the execution of documents but
11 authority to execute documents on behalf of the Board can be
12 given under section 157(5).
13 Division 3 -- Staff
14 161. Registrar and other staff
15 (1) The Board --
16 (a) must employ or engage a person to be the registrar; and
17 (b) may employ or engage any other persons the Board
18 considers necessary to enable it to perform its functions.
19 (2) The functions conferred by subsection (1) --
20 (a) include powers to --
21 (i) determine remuneration and other terms and
22 conditions of service; and
23 (ii) remove, suspend and discipline staff; and
24 (iii) terminate the employment of staff;
25 and
26 (b) do not preclude the delegation of any matter under
27 section 160.
28 (3) Subject to any relevant award, order or industrial agreement
29 under the Industrial Relations Act 1979, the terms and
30 conditions of employment of persons employed under
page 111
Veterinary Practice Bill 2020
Part 13 Veterinary Practice Board of Western Australia
Division 4 Accountability provisions
s. 162
1 subsection (1) are the terms and conditions the Board
2 determines.
3 Division 4 -- Accountability provisions
4 162. Minister may give directions to Board
5 (1) The Minister may give written directions to the Board with
6 respect to the performance of its functions, either generally or in
7 relation to a particular matter.
8 (2) However, a direction given under subsection (1) cannot be
9 about the performance of the Board's functions in respect of --
10 (a) a particular person; or
11 (b) a particular application, complaint, investigation or
12 proceeding.
13 (3) The Board must give effect to a direction given under
14 subsection (1).
15 (4) The Minister must cause the text of a direction given under
16 subsection (1) to be laid before each House of Parliament within
17 14 sitting days after the direction is given.
18 (5) The text of a direction given under subsection (1) must be
19 included in the annual report of the Board under section 191.
20 163. Minister to have access to information
21 (1) In this section --
22 information means information specified, or of a description
23 specified, by the Minister that relates to the functions of the
24 Board.
25 (2) The Minister is entitled --
26 (a) to have information in the possession of the Board; and
27 (b) if the information is in or on a document, to have, and
28 make and retain copies of, that document.
page 112
Veterinary Practice Bill 2020
Veterinary Practice Board of Western Australia Part 13
Constitution and procedures of the Board Division 5
s. 164
1 (3) For the purposes of subsection (2), the Minister may --
2 (a) request the Board to give information to the Minister;
3 and
4 (b) request the Board to give the Minister access to
5 information; and
6 (c) for the purposes of paragraph (b), make use of the
7 services of any person employed or engaged by the
8 Board and any facilities of the Board.
9 (4) The Board must comply with a request under subsection (3) and
10 make staff and facilities available to the Minister for the
11 purposes of subsection (3)(c).
12 (5) This section does not entitle the Minister to have personal
13 information unless the information is about a person who
14 consents to the Minister having the information.
15 Division 5 -- Constitution and procedures of the Board
16 Subdivision 1 -- General provisions
17 164. Term of office
18 (1) A Board member --
19 (a) holds office for the term, not exceeding 3 years,
20 specified in the Board member's instrument of
21 appointment; and
22 (b) is eligible for reappointment.
23 (2) A Board member whose term of office expires without a person
24 having been appointed to fill the vacancy continues in office
25 until whichever of the following occurs first --
26 (a) a person is appointed to fill the vacancy;
27 (b) a period of 3 months elapses after the expiry of the term
28 of office.
29 (3) Subsection (2) ceases to apply if the Board member resigns or is
30 removed from office.
page 113
Veterinary Practice Bill 2020
Part 13 Veterinary Practice Board of Western Australia
Division 5 Constitution and procedures of the Board
s. 165
1 165. Vacancy in office
2 (1) In this section --
3 misconduct includes conduct that renders a Board member unfit
4 to hold office as a Board member even though the conduct does
5 not relate to a duty of the office.
6 (2) The office of a Board member becomes vacant if the Board
7 member --
8 (a) dies, resigns or is removed from office under this
9 section; or
10 (b) is, according to the Interpretation Act 1984 section 13D,
11 a bankrupt or a person whose affairs are under
12 insolvency laws; or
13 (c) is convicted of an offence punishable by imprisonment
14 for more than 12 months; or
15 (d) is no longer a person who is qualified under
16 section 152(4) to be a Board member; or
17 (e) has their registration cancelled or suspended or has their
18 name removed from the register by a regulatory
19 authority.
20 (3) A Board member may at any time resign from office by written
21 resignation given to the Minister.
22 (4) A Board member's resignation takes effect on the later of the
23 following --
24 (a) the day on which the resignation is received by the
25 Minister;
26 (b) the day specified in the resignation.
27 (5) The Minister may remove a Board member from office on any
28 of the following grounds --
29 (a) neglect of duty;
30 (b) misconduct or incompetence;
page 114
Veterinary Practice Bill 2020
Veterinary Practice Board of Western Australia Part 13
Constitution and procedures of the Board Division 5
s. 166
1 (c) permanent incapacity to perform the Board member's
2 duties;
3 (d) absence, without leave, from 3 consecutive meetings of
4 the Board of which the Board member has had notice.
5 166. Holding meetings
6 (1) Meetings of the Board, unless convened under subsection (2)
7 or (3), must be held at times and places determined by the
8 Board.
9 (2) A special meeting of the Board may at any time be convened
10 by --
11 (a) the chairperson; or
12 (b) a majority of the Board members.
13 (3) The first meeting of the Board must be convened by the
14 registrar.
15 167. Meetings generally closed to public
16 (1) A meeting of the Board must be closed to members of the
17 public.
18 (2) Despite subsection (1), the Board may, on its own initiative or
19 on the application of any person, allow a meeting or part of a
20 meeting of the Board to be open to members of the public.
21 168. Quorum
22 The quorum for a meeting of the Board is 5 Board members, at
23 least 3 of whom are WA veterinarians.
24 169. Presiding at meetings
25 (1) The chairperson, if present, must preside at a meeting of the
26 Board.
page 115
Veterinary Practice Bill 2020
Part 13 Veterinary Practice Board of Western Australia
Division 5 Constitution and procedures of the Board
s. 170
1 (2) If the chairperson is not presiding under subsection (1), the
2 Board members present at the meeting must elect one of their
3 number to preside.
4 170. Procedure at meetings
5 The Board must determine its own meeting procedures to the
6 extent that they are not fixed by this Act.
7 171. Voting
8 (1) At a meeting of the Board, each Board member present has a
9 deliberative vote unless section 183(1) prevents the Board
10 member from voting.
11 (2) In the case of an equality of votes, the Board member presiding
12 has a casting vote in addition to a deliberative vote.
13 (3) A question is resolved according to how a majority of the votes
14 are cast.
15 172. Inviting consultant to participate in meeting
16 The Board may arrange for a person who is not a Board member
17 to participate in a meeting of the Board in a consultative
18 capacity, but that person is not entitled to vote at the meeting.
19 173. Holding meetings remotely
20 The presence of a person at a meeting of the Board need not be
21 by attendance in person but may be by that person and each
22 other person at the meeting being simultaneously in contact by
23 telephone or other means of instantaneous communication.
24 174. Resolution without meeting
25 A resolution in writing signed or otherwise assented to in
26 writing by at least 5 Board members, at least 3 of whom are
27 WA veterinarians, has the same effect as if it had been passed at
28 a meeting of the Board.
page 116
Veterinary Practice Bill 2020
Veterinary Practice Board of Western Australia Part 13
Constitution and procedures of the Board Division 5
s. 175
1 175. Minutes
2 The Board must cause accurate minutes to be kept of the
3 proceedings at each of its meetings.
4 Subdivision 2 -- Committees
5 176. Establishment of committees
6 The Board may --
7 (a) establish committees to assist it to perform its functions;
8 and
9 (b) discharge or alter any committee it has established.
10 177. Membership of committee
11 (1) A committee --
12 (a) must consist of at least 3 persons; and
13 (b) must include at least 1 Board member; and
14 (c) may include persons who are not Board members.
15 (2) The Board must appoint a member of a committee to be the
16 committee's chairperson.
17 178. Board may give directions to committee
18 (1) The Board may give written directions to a committee on the
19 following matters --
20 (a) the functions to be performed by the committee;
21 (b) the procedures of the committee;
22 (c) reporting by the committee on the performance of its
23 functions.
24 (2) A committee must give effect to a direction given to it under
25 subsection (1).
page 117
Veterinary Practice Bill 2020
Part 13 Veterinary Practice Board of Western Australia
Division 5 Constitution and procedures of the Board
s. 179
1 179. Procedures and minutes
2 (1) A committee may determine its own procedures but they must
3 be consistent with any direction given to it under section 178(1)
4 and the terms of any delegation under which it is acting.
5 (2) A committee must --
6 (a) cause accurate minutes to be kept of the proceedings at
7 each of its meetings; and
8 (b) give the Board a copy of the minutes for each of its
9 meetings.
10 180. Remuneration and allowances of committee members
11 A member of a committee is entitled to be paid any
12 remuneration and allowances that the Minister may determine
13 on the recommendation of the Public Sector Commissioner.
14 Subdivision 3 -- Disclosure of material personal interests
15 181. Term used: member
16 In this Subdivision --
17 member means a person who is --
18 (a) a Board member; or
19 (b) a member of a committee.
20 182. Disclosure of interests
21 (1) A member who has a material personal interest in a matter being
22 considered or about to be considered by the Board or a
23 committee must, as soon as possible after the relevant facts have
24 come to the member's knowledge, disclose the nature of the
25 interest at a meeting of the Board or committee.
26 Penalty for this subsection: a fine of $5 000.
27 (2) Subsection (1) applies to a person who is a member of a
28 committee and also a Board member even though the person has
page 118
Veterinary Practice Bill 2020
Veterinary Practice Board of Western Australia Part 13
Constitution and procedures of the Board Division 5
s. 183
1 already disclosed the nature of the interest at a meeting of the
2 Board.
3 (3) A disclosure under this section must be recorded in the minutes
4 of the meeting.
5 183. Voting by interested member
6 (1) A member who has a material personal interest in a matter that
7 is being considered by the Board or a committee --
8 (a) must not vote, whether at a meeting or otherwise, on the
9 matter; and
10 (b) must not be present while the matter is being considered
11 at a meeting or when a vote is taken on the matter.
12 (2) A reference in subsection (1)(a) or (b) to a matter includes a
13 reference to a proposed resolution under section 184 in respect
14 of the matter, whether relating to that member or a different
15 member.
16 184. Section 183 may be declared inapplicable
17 Section 183 does not apply if --
18 (a) a member has disclosed under section 182 an interest in
19 a matter; and
20 (b) the Board or committee, as the case requires, has at any
21 time passed a resolution that --
22 (i) specifies the member, the interest and the matter;
23 and
24 (ii) states that the members voting for the resolution
25 are satisfied that the interest is so trivial or
26 insignificant as to be unlikely to influence the
27 disclosing member's conduct and should not
28 disqualify the member from considering or
29 voting on the matter.
page 119
Veterinary Practice Bill 2020
Part 13 Veterinary Practice Board of Western Australia
Division 6 Financial and reporting provisions
s. 185
1 185. Quorum where s. 183 applies
2 (1) Despite section 168, if a Board member is disqualified under
3 section 183(1) in relation to a matter, a quorum is present during
4 the consideration of the matter if at least 4 members, at least 2
5 of whom are WA veterinarians, who are entitled to vote on any
6 motion that may be moved at the meeting in relation to the
7 matter are present.
8 (2) If a member of a committee is disqualified under section 183(1)
9 in relation to a matter and as a result a quorum is not present
10 during the consideration of the matter, the committee cannot
11 deal with that matter.
12 (3) The Minister may deal with a matter to the extent that the Board
13 cannot deal with the matter because of subsection (1).
14 (4) The Board may deal with a matter to the extent that a committee
15 cannot deal with the matter because of subsection (2).
16 186. Minister may declare s. 183 and 185 inapplicable
17 (1) The Minister may, in writing, declare that section 183 or 185 or
18 both of them do not apply in relation to a specified matter either
19 generally or in voting on particular resolutions.
20 (2) The Minister must cause the text of a declaration made under
21 subsection (1) to be laid before each House of Parliament within
22 14 sitting days after the declaration is made.
23 Division 6 -- Financial and reporting provisions
24 187. Funds of Board
25 (1) The funds available to the Board to enable it to perform its
26 functions consist of the following --
27 (a) fees, fines, costs and other money received or recovered
28 by the Board under this Act;
page 120
Veterinary Practice Bill 2020
Veterinary Practice Board of Western Australia Part 13
Financial and reporting provisions Division 6
s. 188
1 (b) other money lawfully received by, made available to, or
2 payable to, the Board in connection with the
3 performance of its functions;
4 (c) any other money lawfully received by the Board.
5 (2) Those funds must be applied in payment of the following --
6 (a) the remuneration and allowances of Board members and
7 members of a committee;
8 (b) the remuneration of the registrar, inspectors and other
9 persons employed or engaged by the Board;
10 (c) all other expenditure lawfully incurred by the Board in
11 the performance of its functions.
12 188. Borrowing powers
13 (1) In this section --
14 acquire has the meaning given in section 159(1).
15 (2) The Board may borrow money to enable it --
16 (a) to perform its functions; or
17 (b) to acquire, or improve, premises used, or to be used, by
18 it as office premises.
19 (3) Without limiting subsection (2), the Board may borrow from the
20 Treasurer any amounts the Treasurer approves on the conditions
21 relating to repayment and the payment of interest imposed by
22 the Treasurer.
23 189. Accounts and records
24 (1) The Board must --
25 (a) cause to be kept proper accounts of the financial
26 transactions and affairs of the Board; and
27 (b) cause to be kept proper records of the business of the
28 Board; and
29 (c) prepare financial statements in accordance with
30 Australian Accounting Standards.
page 121
Veterinary Practice Bill 2020
Part 13 Veterinary Practice Board of Western Australia
Division 6 Financial and reporting provisions
s. 190
1 (2) The financial statements must be prepared on an accrual basis
2 unless the Board determines otherwise.
3 190. Audit
4 The accounts and financial statements of the Board must be
5 audited at least once a year, at the expense of the Board, by a
6 registered company auditor as defined in the Corporations
7 Act 2001 (Commonwealth) section 9.
8 191. Annual report of Board
9 (1) The Board must prepare and submit to the Minister, not later
10 than 30 September in each year, a report for the financial year
11 ending on the preceding 30 June together with a copy of the
12 financial statements and the auditor's report.
13 (2) The report must include the following --
14 (a) a report on the operations of the Board during the
15 financial year;
16 (b) information about --
17 (i) how complaints made to the Board, and
18 prosecutions for offences under this Act, have
19 been dealt with during the financial year; and
20 (ii) any trends or special problems that may have
21 emerged during the financial year; and
22 (iii) forecasts of the workload of the Board for the
23 next financial year; and
24 (iv) any proposals for improving the operation of the
25 Board;
26 (c) any other matters arising out of the performance of the
27 Board's functions that are, in the opinion of the Board,
28 of such significance as to require reporting.
29 (3) The Minister must cause a copy of the report to be laid before
30 each House of Parliament within 14 sitting days after the report
31 is received by the Minister.
page 122
Veterinary Practice Bill 2020
Veterinary Practice Board of Western Australia Part 13
Financial and reporting provisions Division 6
s. 191
1 (4) As soon as practicable after subsection (3) has been complied
2 with, the Board must --
3 (a) publish a copy of the report on a website maintained by
4 the Board; and
5 (b) ensure that the report is available for inspection on
6 request at the office of the Board.
page 123
Veterinary Practice Bill 2020
Part 14 Miscellaneous
s. 192
1 Part 14 -- Miscellaneous
2 192. Arrangements between Board and interstate regulatory
3 authorities
4 (1) The Board may enter into arrangements with an interstate
5 regulatory authority having a function under a corresponding
6 law of registering persons as veterinarians (however described)
7 for the purpose of establishing a national register of
8 veterinarians and for other purposes related to the recognition of
9 veterinarians with interstate registration.
10 (2) The arrangements may, without limitation, involve the
11 establishment of a national register of veterinarians (however
12 described) by a body prescribed for the purposes of this
13 subsection.
14 193. False or misleading information
15 A person commits an offence if the person --
16 (a) in, or in connection with, a Part 2 application or Part 3
17 application, provides information that the person knows
18 is false or misleading in a material particular; or
19 (b) in purporting to comply with a direction under
20 section 94(1)(b) or 115(2)(c), gives an answer or
21 provides information that the person knows is false or
22 misleading in a material particular; or
23 (c) in purporting to comply with a direction under
24 section 94(1)(a)(ii) or 115(2)(a), produces a document
25 that the person knows is false or misleading in a material
26 particular --
27 (i) without indicating that the document is false or
28 misleading and, to the extent the person can, how
29 the document is false or misleading; and
30 (ii) if the person has or can reasonably obtain the
31 correct information, without providing the
32 correct information;
page 124
Veterinary Practice Bill 2020
Miscellaneous Part 14
s. 194
1 or
2 (d) in purporting to give notice under Part 5 Division 5,
3 provides information that the person knows is false or
4 misleading in a material particular.
5 Penalty:
6 (a) for a first offence, a fine of $10 000;
7 (b) for a second or subsequent offence, a fine of $20 000.
8 194. Protection from liability for persons performing functions
9 (1) An action in tort does not lie against a person for anything that
10 the person has done, in good faith, in the performance or
11 purported performance of a function under this Act.
12 (2) The State is also relieved of any liability that it might otherwise
13 have had for a person having done anything as described in
14 subsection (1).
15 (3) The protection given by this section applies even though the
16 thing done as described in subsection (1) may have been
17 capable of being done whether or not this Act had been enacted.
18 (4) In this section, a reference to the doing of anything includes a
19 reference to an omission to do anything.
20 195. Protection from liability for complainants, notifiers and
21 other persons
22 (1) This section applies to a person (the protected person) who, in
23 good faith --
24 (a) makes a complaint or notification; or
25 (b) gives information to the Board, an inspector or any other
26 person under or for the purposes of this Act.
27 (2) The protected person does not incur any civil or criminal
28 liability for making the complaint or notification or giving the
29 information.
page 125
Veterinary Practice Bill 2020
Part 14 Miscellaneous
s. 196
1 (3) The making of the complaint or notification, or the giving of
2 information, by the protected person cannot be regarded as --
3 (a) a breach of any duty of confidentiality or secrecy
4 imposed by law; or
5 (b) a breach of professional ethics, professional standards or
6 any principles of conduct applicable to the protected
7 person's employment; or
8 (c) unprofessional conduct (however described).
9 (4) The protection given by this section extends to a person who, in
10 good faith --
11 (a) gives the protected person any information on the basis
12 of which the complaint or notification is made or the
13 information is given; or
14 (b) is otherwise concerned in the making of the complaint
15 or notification or the giving of the information.
16 196. Regulations
17 (1) The Governor may make regulations prescribing matters that
18 are --
19 (a) required or permitted by this Act to be prescribed; or
20 (b) necessary or convenient to be prescribed for giving
21 effect to this Act.
22 (2) Without limiting subsection (1), regulations may be made about
23 any of the following matters --
24 (a) veterinary medicine;
25 (b) the practice of veterinary medicine, including
26 restrictions on that practice and the supervision of that
27 practice;
28 (c) veterinarians and veterinary nurses;
29 (d) authorised persons, including --
30 (i) applications for, and the grant of, authorisations;
31 and
page 126
Veterinary Practice Bill 2020
Miscellaneous Part 14
s. 196
1 (ii) conditions of authorisations; and
2 (iii) the renewal, suspension or cancellation of
3 authorisations;
4 (e) registered practice owners for veterinary premises;
5 (f) the branches of veterinary medicine accredited as
6 specialties or the manner in which branches of
7 veterinary medicine must be accredited as specialities;
8 (g) records to be kept by veterinarians, veterinary nurses,
9 practice owners and authorised persons;
10 (h) the possession, use, supply or sale by a veterinarian of
11 any medicine or poison as those terms are defined in the
12 Medicines and Poisons Act 2014 section 3;
13 (i) requirements for veterinary premises, including
14 requirements relating to their design, construction,
15 management, control and operation;
16 (j) the appointment and functions of veterinary supervisors;
17 (k) acts of veterinary medicine that may be carried out, and
18 the circumstances or conditions under which they may
19 be carried out, by veterinary nurses and authorised
20 persons;
21 (l) professional standards for veterinarians and veterinary
22 nurses, including in relation to advertising;
23 (m) arrangements for the continuing professional
24 development of veterinarians and veterinary nurses;
25 (n) procedures in relation to the making of complaints;
26 (o) the conduct of investigations;
27 (p) maintaining the register, including the provision of
28 information to the Board to assist in maintaining the
29 accuracy of the register;
30 (q) the issue, display and use of certificates of registration;
page 127
Veterinary Practice Bill 2020
Part 14 Miscellaneous
s. 197
1 (r) notices and other information to be given to the Board
2 by veterinarians, veterinary nurses, practice owners or
3 authorised persons, and the manner in which the notices
4 or information must be given;
5 (s) a requirement for information supplied to the Board or a
6 committee to be verified by statutory declaration;
7 (t) fees for the purposes of this Act.
8 (3) The regulations may provide that contravention of a regulation
9 is an offence, and prescribe, for an offence under the
10 regulations, a penalty not exceeding a fine of $10 000 and a
11 daily penalty not exceeding a fine of $5 000.
12 197. Codes of practice
13 (1) The Board may issue codes of practice for the purpose of
14 providing guidance about any of the following matters --
15 (a) the practice of veterinary medicine by veterinarians;
16 (b) work carried out by veterinary nurses involving
17 veterinary medicine;
18 (c) work carried out by authorised persons involving
19 veterinary medicine;
20 (d) the conduct of veterinarians, veterinary nurses and
21 authorised persons in the practice of their profession or
22 the carrying out of their work;
23 (e) the management, control and operation of veterinary
24 premises.
25 (2) The Board may amend or revoke a code of practice issued under
26 this section.
27 (3) A code of practice issued under this section must be made
28 publicly available in any manner the Board considers
29 appropriate, including (without limitation) by means of a
30 website maintained by the Board.
page 128
Veterinary Practice Bill 2020
Miscellaneous Part 14
s. 198
1 (4) A code of practice issued under this section may apply, adopt or
2 incorporate any matter contained in a document issued or
3 published by a person or body --
4 (a) with or without modification; and
5 (b) whether in force at a particular time or from time to
6 time.
7 (5) The Board must publish a notice in the Gazette giving details
8 of --
9 (a) the issue, amendment or revocation of a code of practice
10 under this section; and
11 (b) where copies of the code, including any revision of the
12 code and any document incorporated in it by reference,
13 have been made available under subsection (3).
14 (6) A code of practice issued under this section is not subsidiary
15 legislation for the purposes of the Interpretation Act 1984.
16 (7) If there is a conflict or inconsistency between a provision of the
17 regulations and a provision of a code of practice issued under
18 this section, the provision of the regulations prevails.
19 198. Breach of code of practice
20 (1) A breach of a code of practice issued under section 197 does not
21 of itself constitute unprofessional conduct or professional
22 misconduct but in any proceedings under Part 7 such a breach
23 may be asserted and may be taken into account in dealing with
24 the complaint.
25 (2) However, no civil or criminal liability attaches to a person by
26 reason only that the person has committed a breach of a code of
27 practice issued under section 197.
page 129
Veterinary Practice Bill 2020
Part 14 Miscellaneous
s. 199
1 199. Review of Act
2 (1) The Minister must review the operation and effectiveness of this
3 Act, and prepare a report based on the review --
4 (a) as soon as practicable after the 5th anniversary of the day
5 on which this section comes into operation; and
6 (b) after that, at intervals of not more than 5 years.
7 (2) The Minister must cause the report to be laid before each House
8 of Parliament as soon as practicable after it is prepared, but not
9 later than 12 months after the 5th anniversary or the expiry of the
10 period of 5 years, as the case may be.
11 (3) If, in the Minister's opinion, a House of Parliament will not sit
12 during the period of 21 days after finalisation of the report, the
13 Minister must send the report to the Clerk of the House.
14 (4) When the report is sent to the Clerk of a House it is taken to
15 have been laid before the House.
16 (5) The laying of the report that is taken to have occurred under
17 subsection (4) must be recorded in the Minutes, or Votes and
18 Proceedings, of the House on the first sitting day of the House
19 after the Clerk receives the report.
page 130
Veterinary Practice Bill 2020
Repeals Part 15
s. 200
1 Part 15 -- Repeals
2 200. Written laws repealed
3 (1) The Veterinary Surgeons Act 1960 is repealed.
4 (2) The Veterinary Surgeons Regulations 1979 are repealed.
page 131
Veterinary Practice Bill 2020
Part 16 Transitional and validation provisions
Division 1 Preliminary
s. 201
1 Part 16 -- Transitional and validation provisions
2 Division 1 -- Preliminary
3 201. Terms used
4 In this Part --
5 assets --
6 (a) means legal or equitable estates or interests (whether
7 present or future, whether vested or contingent and
8 whether personal or assignable) in property; and
9 (b) includes money, securities, choses in action and
10 documents;
11 former Board means the Veterinary Surgeons' Board
12 constituted under the repealed Act;
13 liabilities means liabilities, duties or obligations, whether actual,
14 contingent or prospective, liquidated or unliquidated or whether
15 owed alone or jointly or jointly and severally with other
16 persons;
17 new Board means the Veterinary Practice Board of Western
18 Australia established by section 151(1);
19 repealed Act means the Veterinary Surgeons Act 1960;
20 rights means rights, powers, privileges or immunities, whether
21 actual, contingent or prospective;
22 transition day means the day fixed under section 2(b).
23 Division 2 -- Transitional matters
24 Subdivision 1 -- Registration, approvals and authorisations
25 202. Registration of veterinary surgeons and specialists
26 (1) A person who, immediately before transition day, was
27 registered under section 17(2)(a) of the repealed Act as a
28 veterinary surgeon is taken to hold general registration as a
29 WA veterinarian under and subject to this Act.
page 132
Veterinary Practice Bill 2020
Transitional and validation provisions Part 16
Transitional matters Division 2
s. 203
1 (2) A person who, immediately before transition day, was
2 registered under section 17(2)(a) of the repealed Act as an
3 honorary veterinary surgeon is taken to hold honorary
4 registration as a WA veterinarian under and subject to this Act.
5 (3) A person who, immediately before transition day, was
6 registered under section 17(2)(a) of the repealed Act as a
7 specialist in a particular specialty is taken to hold specialist
8 registration as a WA veterinarian under and subject to this Act
9 in the corresponding specialty.
10 (4) A person to whom subsection (1), (2) or (3) applies is taken to
11 hold registration --
12 (a) until 30 June immediately following transition day; and
13 (b) otherwise on the same terms and conditions as applied
14 immediately before transition day to the person's
15 registration under the repealed Act.
16 203. Provisional registration of veterinary surgeons
17 (1) A person who, immediately before transition day, held a
18 certificate of provisional registration as a veterinary surgeon
19 granted under section 20B(1) of the repealed Act is taken to
20 hold interim registration as a WA veterinarian under and subject
21 to this Act.
22 (2) A person to whom subsection (1) applies is taken to hold
23 interim registration --
24 (a) until the date stated or fixed in relation to the person
25 under section 20B(2) of the repealed Act; and
26 (b) otherwise on the same terms and conditions as applied
27 immediately before transition day to the person's
28 provisional registration under the repealed Act.
page 133
Veterinary Practice Bill 2020
Part 16 Transitional and validation provisions
Division 2 Transitional matters
s. 204
1 204. Registration of bodies corporate ceases
2 If a body corporate was, immediately before transition day,
3 registered under section 17(2)(b) of the repealed Act as a
4 veterinary surgeon --
5 (a) the body corporate's registration ceases on transition
6 day; and
7 (b) the body corporate is entitled, on application to the
8 Board, to a pro rata refund of any fees paid by the body
9 corporate in respect of a period after transition day to a
10 maximum of 50% of the fee.
11 205. Veterinary clinics and veterinary hospitals
12 (1) Premises that, immediately before transition day, were
13 registered under section 24A of the repealed Act as a veterinary
14 clinic or veterinary hospital are taken to be registered as
15 veterinary premises under and subject to this Act.
16 (2) A registered veterinary surgeon (as defined in section 2 of the
17 repealed Act) who, immediately before transition day, had the
18 management of premises referred to in subsection (1) is taken to
19 be the veterinary supervisor for those premises under and
20 subject to this Act.
21 206. Approved veterinary nurses
22 (1) A person who, immediately before transition day, was approved
23 under section 26E of the repealed Act to carry out the duties of a
24 veterinary nurse is taken to hold registration as a veterinary
25 nurse under and subject to this Act.
26 (2) A person to whom subsection (1) applies is taken to hold
27 registration --
28 (a) until 30 June immediately following transition day; and
29 (b) otherwise on the same terms and conditions as applied
30 immediately before transition day to the person's
31 approval under section 26E of the repealed Act.
page 134
Veterinary Practice Bill 2020
Transitional and validation provisions Part 16
Transitional matters Division 2
s. 207
1 207. Authorised persons
2 A person who, immediately before transition day, was
3 authorised under section 26(4)(b) of the repealed Act is taken to
4 be an authorised person under and subject to this Act on the
5 same terms and conditions as applied immediately before
6 transition day to the person's authorisation under the repealed
7 Act.
8 208. Applications for registration or approval
9 (1) An application for registration, or renewal of registration, as a
10 veterinary surgeon under section 20, 20AA or 20AB of the
11 repealed Act that was made but not decided before transition
12 day is taken to be an application for registration as a WA
13 veterinarian under section 5(1) of this Act, or renewal of
14 registration as a WA veterinarian under section 6(1) of this Act,
15 as the case requires, in the appropriate category of registration.
16 (2) An application for approval, or renewal of approval, as a
17 veterinary nurse for the purposes of section 26E of the repealed
18 Act that was made but not decided before transition day is taken
19 to be an application for registration as a veterinary nurse under
20 section 5(1) of this Act, or renewal of registration as a
21 veterinary nurse under section 6(1) of this Act, as the case
22 requires.
23 (3) An application for registration, or renewal of registration, of
24 premises as a veterinary clinic or veterinary hospital under
25 section 24A of the repealed Act that was made but not decided
26 before transition day is taken to be an application for
27 registration of premises under section 35(1) of this Act, or
28 renewal of registration of premises under section 36(1) of this
29 Act, as the case requires.
30 209. Certificates of registration and approval
31 (1) A certificate of registration issued under the repealed Act and in
32 effect immediately before transition day is taken to be a
page 135
Veterinary Practice Bill 2020
Part 16 Transitional and validation provisions
Division 2 Transitional matters
s. 210
1 certificate of registration as a WA veterinarian under this Act in
2 the category of general registration.
3 (2) A certificate of honorary registration issued under the repealed
4 Act and in effect immediately before transition day is taken to
5 be a certificate of registration as a WA veterinarian under this
6 Act in the category of honorary registration.
7 (3) A certificate of registration as a specialist issued under the
8 repealed Act and in effect immediately before transition day is
9 taken to be a certificate of registration as a WA veterinarian
10 under this Act in the category of specialist registration in the
11 particular specialty.
12 (4) A certificate of provisional registration issued under the
13 repealed Act and in effect immediately before transition day is
14 taken to be a certificate of interim registration as a
15 WA veterinarian under this Act.
16 (5) A certificate of approval as a veterinary nurse issued under the
17 repealed Act and in effect immediately before transition day is
18 taken to be a certificate of registration as a veterinary nurse
19 under this Act.
20 (6) A certificate of registration of a veterinary clinic or veterinary
21 hospital issued under the repealed Act and in effect immediately
22 before transition day is taken to be a certificate of registration in
23 respect of veterinary premises under this Act.
24 Subdivision 2 -- Investigations, inquiries and proceedings
25 210. Investigation and inquiries under repealed Act
26 An investigation or inquiry under the repealed Act that was
27 commenced but not completed before transition day must be
28 continued and dealt with as if it were an investigation of, or
29 inquiry into, a complaint under this Act.
page 136
Veterinary Practice Bill 2020
Transitional and validation provisions Part 16
Transitional matters Division 2
s. 211
1 211. Current proceedings before Tribunal
2 Proceedings that were commenced by allegation made to the
3 Tribunal under the repealed Act but not finally determined
4 before transition day --
5 (a) are taken to have been commenced under this Act; and
6 (b) must be dealt with under this Act.
7 Subdivision 3 -- The Board
8 212. Board a continuation of former Board
9 (1) The new Board is a continuation of, and the same legal entity
10 as, the former Board, and the assets, rights and liabilities of or in
11 relation to the former Board continue as assets, rights and
12 liabilities of the new Board.
13 (2) A reference to the former Board in a written law or other
14 document or instrument is, where the context so requires, to be
15 read as if it had been amended to be a reference to the new
16 Board.
17 213. Members of former Board go out of office
18 On transition day the members of the former Board go out of
19 office.
20 214. First appointments to new Board
21 The requirement for consultation under section 152(2)(a) does
22 not apply in relation to the first appointments to the new Board.
23 215. Staff of former Board
24 (1) The person who, immediately before transition day, held office
25 as registrar of the former Board continues in office, under and
26 subject to this Act, as registrar of the new Board.
page 137
Veterinary Practice Bill 2020
Part 16 Transitional and validation provisions
Division 2 Transitional matters
s. 216
1 (2) Other persons who, immediately before transition day, held
2 office as officers of the former Board continue in office, under
3 and subject to this Act, as staff of the new Board.
4 (3) A person mentioned in subsection (1) or (2) is taken to have
5 been employed or engaged, according to the terms of the
6 person's appointment, under this Act.
7 (4) Except as otherwise agreed by a person mentioned in
8 subsection (1) or (2), the operation of this section does not --
9 (a) affect the person's remuneration, existing or accruing
10 rights under a superannuation scheme or in respect of
11 annual leave, long service leave, sick leave or parental
12 leave; or
13 (b) interrupt the continuity of the person's service.
14 216. Current proceedings involving former Board
15 Proceedings that were commenced by or against the former
16 Board but not finally determined before transition day must be
17 dealt with and determined as if the proceedings had been
18 commenced by or against the new Board.
19 217. Completion of things commenced
20 Anything commenced to be done by the former Board before
21 transition day may be continued by the new Board after
22 transition day so far as the doing of that thing is a function of
23 the new Board.
24 218. Continuing effect of things done
25 Any act, matter or thing done or omitted to be done before
26 transition day by, to or in respect of the former Board is taken to
27 have been done or omitted by, to or in respect of the new
28 Board --
29 (a) to the extent that the act, matter or thing is relevant to
30 the new Board; and
page 138
Veterinary Practice Bill 2020
Transitional and validation provisions Part 16
Transitional matters Division 2
s. 219
1 (b) so far as the act, matter or thing --
2 (i) has any force or significance; and
3 (ii) is not governed by another provision of this
4 Division.
5 219. First annual report of Board
6 In its first annual report under section 191(1) the new Board
7 must also report on the proceedings of the former Board for the
8 period beginning on 1 July in the preceding year and ending
9 immediately before transition day.
10 Subdivision 4 -- Miscellaneous matters
11 220. Register
12 The register referred to in section 17(1) of the repealed Act
13 continues, under and subject to this Act, as the register under
14 this Act.
15 221. Certain references to this Act include repealed Act
16 The references to this Act in the provisions listed in the Table
17 include the repealed Act.
18 Table
s. 18(a)(i), (b) and (g) s. 29(2)(c)
s. 47(2)(d) s. 80(a)(i)
19 222. Interpretation Act 1984 not affected
20 Except to the extent that this Division or regulations made under
21 section 223(2) expressly provide differently, the Interpretation
22 Act 1984 applies in relation to the repeal of the written laws
23 referred to in section 200.
page 139
Veterinary Practice Bill 2020
Part 16 Transitional and validation provisions
Division 2 Transitional matters
s. 223
1 223. Transitional regulations
2 (1) In this section --
3 publication day, for transitional regulations, means the day on
4 which those regulations are published in the Gazette;
5 specified means specified or described in transitional
6 regulations;
7 transitional matter --
8 (a) means a matter that needs to be dealt with for the
9 purpose of effecting the transition from the provisions of
10 the written laws repealed by section 200 to the
11 provisions of this Act; and
12 (b) includes a saving or application matter;
13 transitional regulations means regulations made under
14 subsection (2).
15 (2) If there is no sufficient provision in this Division for dealing
16 with a transitional matter, the Governor may make regulations
17 prescribing matters --
18 (a) required to be prescribed for the purpose of dealing with
19 the transitional matter; or
20 (b) necessary or convenient to be prescribed for the purpose
21 of dealing with the transitional matter.
22 (3) Transitional regulations may provide that specified provisions
23 of this Act --
24 (a) do not apply to or in relation to a specified matter; or
25 (b) apply with specified modifications to or in relation to a
26 specified matter.
27 (4) If transitional regulations provide that a specified state of affairs
28 is taken to have existed, or not to have existed, on and from a
29 day that is earlier than publication day for the transitional
30 regulations but not earlier than transition day, the transitional
31 regulations have effect according to their terms.
page 140
Veterinary Practice Bill 2020
Transitional and validation provisions Part 16
Validation Division 3
s. 224
1 (5) If transitional regulations contain a provision referred to in
2 subsection (4), the provision does not operate so as to --
3 (a) affect in a manner prejudicial to a person (other than the
4 State or an authority of the State) the rights of that
5 person existing before publication day for the
6 transitional regulations; or
7 (b) impose liabilities on a person (other than the State or an
8 authority of the State) in respect of an act done or
9 omission made before publication day for the
10 transitional regulations.
11 Division 3 -- Validation
12 224. Validation provision
13 (1) Regulations made, or purported to be made, under the repealed
14 Act imposing a fee payable to the former Board in respect of the
15 registration, or renewal of registration, of premises as a
16 veterinary clinic or veterinary hospital were, and are taken
17 always to have been, valid and effective even if they were
18 inconsistent with or repugnant to a provision of the repealed
19 Act.
20 (2) A fee imposed under regulations referred to in subsection (1)
21 was, and is taken always to have been, validly imposed under
22 the repealed Act.
page 141
Veterinary Practice Bill 2020
Part 17 Other Acts amended
s. 225
1 Part 17 -- Other Acts amended
2 225. Animal Welfare Act 2002 amended
3 (1) This section amends the Animal Welfare Act 2002.
4 (2) In section 5(1) delete the definition of veterinary surgeon.
5 (3) In section 5(1) insert in alphabetical order:
6
7 veterinarian has the meaning given in the Veterinary
8 Practice Act 2020 section 3.
9
10 (4) In section 21 delete "veterinary surgeon," (each occurrence) and
11 insert:
12
13 veterinarian,
14
15 (5) Delete section 48(4) and insert:
16
17 (4) Subject to subsection (5), if an inspector is permitted
18 under this Act to do an act in relation to an animal that
19 is an act of veterinary medicine, the inspector must
20 ensure that the act is done by a veterinarian.
21 (4A) In subsection (4) --
22 veterinary medicine has the meaning given in the
23 Veterinary Practice Act 2020 section 3.
24
25 (6) In section 48(5) delete "veterinary surgeon" and insert:
26
27 veterinarian
28
page 142
Veterinary Practice Bill 2020
Other Acts amended Part 17
s. 226
1 (7) In section 54(1) delete "veterinary surgeon" and insert:
2
3 veterinarian
4
5 226. Biosecurity and Agriculture Management Act 2007 amended
6 (1) This section amends the Biosecurity and Agriculture
7 Management Act 2007.
8 (2) In section 6 delete the definition of veterinary surgeon.
9 (3) In section 6 insert in alphabetical order:
10
11 veterinarian has the meaning given in the Veterinary
12 Practice Act 2020 section 3;
13
14 (4) In section 6 in the definition of veterinary chemical product:
15 (a) in paragraph (a)(i) delete "veterinary surgeon" and
16 insert:
17
18 veterinarian
19
20 (b) delete paragraph (a)(ii) and insert:
21
22 (ii) prepared by a veterinarian in the course
23 of practising veterinary medicine as
24 defined in the Veterinary Practice
25 Act 2020 section 3;
26
27 (5) In section 26(3) delete "veterinary surgeon," and insert:
28
29 veterinarian,
30
page 143
Veterinary Practice Bill 2020
Part 17 Other Acts amended
s. 227
1 (6) In section 118(1)(m) delete "veterinary surgeon" and insert:
2
3 veterinarian
4
5 (7) In Schedule 1 item 26 delete "veterinary surgeons" and insert:
6
7 veterinarians
8
9 227. Cat Act 2011 amended
10 (1) This section amends the Cat Act 2011.
11 (2) In section 3(1) delete the definition of veterinarian and insert:
12
13 veterinarian has the meaning given in the Veterinary
14 Practice Act 2020 section 3.
15
16 228. Constitution Acts Amendment Act 1899 amended
17 (1) This section amends the Constitution Acts Amendment Act 1899.
18 (2) In Schedule V Part 3 delete the item for The Veterinary Surgeons'
19 Board.
20 (3) In Schedule V Part 3 after the item for The Urban Lands Council
21 insert:
22
23 The Veterinary Practice Board of Western Australia established by the
24 Veterinary Practice Act 2020.
25
page 144
Veterinary Practice Bill 2020
Other Acts amended Part 17
s. 229
1 229. Dog Act 1976 amended
2 (1) This section amends the Dog Act 1976.
3 (2) In section 3(1) delete the definitions of:
4 registered veterinary surgeon
5 veterinarian
6 (3) In section 3(1) insert in alphabetical order:
7
8 veterinarian has the meaning given in the Veterinary
9 Practice Act 2020 section 3;
10
11 (4) In section 3(1) in the definition of person liable for the control
12 of the dog delete paragraph (e) and insert:
13
14 (e) a veterinarian, or a person acting on a
15 veterinarian's behalf, in the course of the
16 veterinarian's professional practice; or
17
18 (5) Delete section 7(3)(c)(i) and insert:
19
20 (i) a veterinarian, or a person acting on a
21 veterinarian's behalf, in the course of
22 the veterinarian's professional practice;
23 or
24
25 (6) In section 10A(1):
26 (a) in paragraph (a) delete "registered veterinary surgeons"
27 and insert:
28
29 veterinarians
30
page 145
Veterinary Practice Bill 2020
Part 17 Other Acts amended
s. 230
1 (b) in paragraph (b) delete "veterinary surgeons" and insert:
2
3 veterinarians
4
5 (7) In section 10A(2) delete "veterinary surgeon" (each occurrence)
6 and insert:
7
8 veterinarian
9
10 (8) In section 29(12) delete "registered veterinary surgeon," and
11 insert:
12
13 veterinarian
14
15 (9) In section 33A(2)(a) delete "premises used for the practice of a
16 registered veterinary surgeon; or" and insert:
17
18 veterinary premises as defined in the Veterinary Practice
19 Act 2020 section 3; or
20
21 Note: The heading to amended section 10A is to read:
22 Payments to veterinarians towards cost of sterilisation
23 230. Exotic Diseases of Animals Act 1993 amended
24 (1) This section amends the Exotic Diseases of Animals Act 1993.
25 (2) In section 8(a)(iii) delete "veterinary surgeon," and insert:
26
27 veterinarian,
28
page 146
Veterinary Practice Bill 2020
Other Acts amended Part 17
s. 231
1 231. Medicines and Poisons Act 2014 amended
2 (1) This section amends the Medicines and Poisons Act 2014.
3 (2) In section 3 delete the definition of veterinary surgeon.
4 (3) In section 3 insert in alphabetical order:
5
6 veterinarian has the meaning given in the Veterinary
7 Practice Act 2020 section 3.
8
9 (4) In section 3 in the definition of health professional delete
10 paragraph (b) and insert:
11
12 (b) a veterinarian; or
13
14 (5) In section 31(1) in the definition of relevant regulatory
15 authority delete paragraph (b) and insert:
16
17 (b) in the case of a veterinarian, the Veterinary
18 Practice Board of Western Australia established
19 by the Veterinary Practice Act 2020.
20
21 (6) In section 77(1) in the definition of client paragraph (b):
22 (a) delete "veterinary surgeon --" and insert:
23
24 veterinarian --
25
26 (b) delete "veterinary surgeon" and insert:
27
28 veterinarian
29
page 147
Veterinary Practice Bill 2020
Part 17 Other Acts amended
s. 232
1 (7) Delete section 126(f)(ii) and insert:
2
3 (ii) a veterinarian;
4
5 232. Oaths, Affidavits and Statutory Declarations Act 2005
6 amended
7 (1) This section amends the Oaths, Affidavits and Statutory
8 Declarations Act 2005.
9 (2) Delete Schedule 2 item 44 and insert:
10
44. A veterinarian as defined in the Veterinarian
Veterinary Practice Act 2020
section 3.
11
12 233. Retail Trading Hours Act 1987 amended
13 (1) This section amends the Retail Trading Hours Act 1987.
14 (2) Delete section 4(3)(c) and insert:
15
16 (c) veterinary premises as defined in the Veterinary
17 Practice Act 2020 section 3; or
18
19 234. Sentencing Act 1995 amended
20 (1) This section amends the Sentencing Act 1995.
21 (2) In Schedule 1 insert in alphabetical order:
22
Veterinary Practice Veterinary Practice Board of Western
Act 2020 Australia
23
page 148
Veterinary Practice Bill 2020
Other Acts amended Part 17
s. 235
1 235. State Administrative Tribunal Act 2004 amended
2 (1) This section amends the State Administrative Tribunal Act 2004.
3 (2) In Schedule 1 delete "Veterinary Surgeons Act 1960" and insert:
4
5 Veterinary Practice Act 2020
6
7 236. Veterinary Chemical Control and Animal Feeding Stuffs
8 Act 1976 amended
9 (1) This section amends the Veterinary Chemical Control and
10 Animal Feeding Stuffs Act 1976.
11 (2) In section 5(1) delete the definition of veterinary surgeon.
12 (3) In section 5(1) insert in alphabetical order:
13
14 veterinarian has the meaning given in the Veterinary
15 Practice Act 2020 section 3;
16
17 (4) In section 5(1) in the definition of veterinary chemical product:
18 (a) in paragraph (a)(i) delete "veterinary surgeon" and
19 insert:
20
21 veterinarian
22
23 (b) in paragraph (a)(ii) delete "veterinary surgeon," and
24 insert:
25
26 veterinarian,
27
page 149
Veterinary Practice Bill 2020
Part 17 Other Acts amended
s. 236
1 (5) In section 15(2)(c) delete "veterinary surgeons" and insert:
2
3 veterinarians
4
5 (6) In section 16(2)(a)(ii):
6 (a) delete "veterinary surgeon" and insert:
7
8 veterinarian
9
10 (b) delete "veterinary surgeon's" and insert:
11
12 veterinarian's
13
14 (7) In section 65:
15 (a) in paragraph (c) delete "veterinary surgeon" and insert:
16
17 veterinarian
18
19 (b) delete paragraph (c)(ii) and insert:
20
21 (ii) in the case of a veterinarian, by the
22 registrar as defined in the Veterinary
23 Practice Act 2020 section 3; and
24
25
page 150
Veterinary Practice Bill 2020
Defined terms
Defined terms
[This is a list of terms defined and the provisions where they are defined.
The list is not part of the law.]
Defined term Provision(s)
acquire............................................................................................. 159(1), 188(1)
animal ................................................................................................................... 3
another jurisdiction ............................................................................................... 3
approved ............................................................................................................... 3
assessment material ...................................................................................... 133(1)
assessor ............................................................................................................. 128
assets ................................................................................................................. 201
authorised person ..................................................................................................3
Board..................................................................................................................... 3
Board member.......................................................................................................3
category................................................................................................................. 3
certificate of registration ....................................................................................... 3
chairperson ............................................................................................................3
circumstances of aggravation ......................................................................... 58(1)
committee .............................................................................................................3
complainant ................................................................................................ 3, 81(4)
complaint .............................................................................................................. 3
condition ............................................................................................................... 3
corresponding law .................................................................................................3
corresponding specialty ...................................................................................... 21
criminal record check ................................................................................... 115(1)
director .................................................................................................................. 3
disciplinary action .................................................................................................3
disclose ............................................................................................................. 136
dispose of ..................................................................................................... 159(1)
document............................................................................................................... 3
entry warrant .........................................................................................................3
former Board ..................................................................................................... 201
health assessment ..................................................................................................3
immediate action order ......................................................................................... 3
impairment ............................................................................................................3
information................................................................................................... 163(1)
inquiry ................................................................................................................... 3
inspector ................................................................................................................ 3
interstate registration ....................................................................................... 3, 21
interstate regulatory authority ............................................................................... 3
interstate veterinarian ............................................................................................ 3
investigation ..........................................................................................................3
investigative purposes ................................................................................... 3, 112
legal practitioner ...................................................................................................3
page 151
Veterinary Practice Bill 2020
Defined terms
liabilities ........................................................................................................... 201
medical practitioner .............................................................................................. 3
member ............................................................................................................. 181
misconduct ................................................................................................... 165(1)
new Board ......................................................................................................... 201
notification ............................................................................................................3
notifier...................................................................................................... 3, 124(3)
officer .................................................................................................................... 3
Part 2 application ..................................................................................................3
Part 3 application ..................................................................................................3
participating jurisdiction ....................................................................................... 3
person aggrieved .......................................................................................... 150(1)
personal information ............................................................................................. 3
practice owner .......................................................................................................3
premises ................................................................................................................ 3
prescribed .............................................................................................................. 3
professional misconduct .................................................................................. 3, 79
protected person ........................................................................................... 195(1)
psychologist ..........................................................................................................3
publication day ............................................................................................. 221(1)
register .................................................................................................................. 3
registered practice owner ...................................................................................... 3
registrar ................................................................................................................. 3
registration ............................................................................................................3
regulatory authority ............................................................................................... 3
relevant offence .............................................................................................. 66(1)
repealed Act ...................................................................................................... 201
respondent .............................................................................................................3
rights ................................................................................................................. 201
specialty ................................................................................................................ 3
specified .......................................................................................... 105(1), 221(1)
transition day..................................................................................................... 201
transitional matter ........................................................................................ 221(1)
transitional regulations ................................................................................. 221(1)
Tribunal................................................................................................................. 3
unprofessional conduct ................................................................................... 3, 78
veterinarian ...........................................................................................................3
veterinary medicine ............................................................................................... 3
veterinary nurse .....................................................................................................3
veterinary practice business .................................................................................. 3
veterinary practitioner ....................................................................................... 128
veterinary premises ............................................................................................... 3
veterinary qualifications ................................................................................. 65(1)
veterinary specialist .............................................................................................. 3
veterinary supervisor ............................................................................................. 3
page 152
Veterinary Practice Bill 2020
Defined terms
WA specialty....................................................................................................... 21
WA veterinarian ....................................................................................................3
[Index] [Search] [Download] [Related Items] [Help]