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This is a Bill, not an Act. For current law, see the Acts databases.
Western Australia Veterinary Practice Bill 2021 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 15 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 17 19. Duration of registration 17 20. Registration of WA veterinarians affected by decisions of interstate regulatory authorities 18 11--1 page i Veterinary Practice Bill 2021 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 24 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 30 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 2021 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 2021 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 54 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 2021 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 72 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 2021 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 2021 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 2021 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 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 116 170. Procedure at meetings 116 171. Voting 116 172. Inviting consultant to participate in meeting 116 173. Holding meetings remotely 116 174. Resolution without meeting 117 175. 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 121 188. Borrowing powers 121 189. Accounts and records 122 190. Audit 122 191. Annual report of Board 122 page viii Veterinary Practice Bill 2021 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 136 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 2021 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 2021 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 2021 Part 1 Preliminary s. 1 1 Part 1 -- Preliminary 2 1. Short title 3 This is the Veterinary Practice Act 2021. 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 2021 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 2021 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 2021 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 2021 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 2021 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 2021 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 2021 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 2021 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 2021 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 2021 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 2021 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); page 13 Veterinary Practice Bill 2021 Part 2 Registration of veterinarians and veterinary nurses Division 2 Requirements for registration s. 13 1 (b) the person holds -- 2 (i) a veterinary qualification recognised by the 3 Board for limited registration; or 4 (ii) a veterinary qualification that the Board 5 considers equivalent to a qualification recognised 6 under subparagraph (i) or that is otherwise 7 acceptable to the Board; 8 (c) the person has sufficient physical and mental capacity to 9 practise veterinary medicine competently and safely; 10 (d) the person is sufficiently proficient in the English 11 language, both written and oral, to practise veterinary 12 medicine competently and safely; 13 (e) the person is a fit and proper person to hold registration 14 as a WA veterinarian; 15 (f) the person meets the prescribed requirements (if any) for 16 limited registration. 17 (2) A person may be eligible for limited registration as a WA 18 veterinarian for any of the following purposes -- 19 (a) to undertake a postgraduate course, or other training, in 20 veterinary medicine in this State; 21 (b) to teach, or demonstrate methods and techniques of, 22 veterinary medicine in this State; 23 (c) to perform in this State a particular veterinary 24 procedure, or procedures of a particular kind, for a 25 limited period; 26 (d) to assist in controlling or managing a veterinary 27 emergency, such as the outbreak of a disease in this 28 State; 29 (e) any other purpose approved by the Board. page 14 Veterinary Practice Bill 2021 Registration of veterinarians and veterinary nurses Part 2 Grant or renewal of registration Division 3 s. 14 1 14. Registration as veterinary nurse 2 The requirements for registration as a veterinary nurse are as 3 follows -- 4 (a) the person holds a qualification in veterinary nursing 5 recognised by the Board; 6 (b) the person has sufficient physical and mental capacity to 7 practise as a veterinary nurse competently and safely; 8 (c) the person is sufficiently proficient in the English 9 language, both written and oral, to practise as a 10 veterinary nurse competently and safely; 11 (d) the person is a fit and proper person to hold registration 12 as a veterinary nurse; 13 (e) the person meets the prescribed requirements (if any) for 14 registration as a veterinary nurse. 15 Division 3 -- Grant or renewal of registration 16 15. Grant of registration 17 The Board, on an application under section 5(1), must grant 18 registration in a particular category if the Board is satisfied that 19 the applicant meets the requirements for registration described 20 in Division 2 for registration in that category. 21 16. Interim registration 22 (1) The Board, on an application under section 5(1), may grant 23 interim registration in a particular category while assessing 24 whether the applicant meets the requirements described in 25 Division 2 for registration in that category. 26 (2) The Board may only grant interim registration under 27 subsection (1) if satisfied that it is highly likely that the 28 applicant will meet the requirements described in Division 2 for 29 registration in that category. page 15 Veterinary Practice Bill 2021 Part 2 Registration of veterinarians and veterinary nurses Division 3 Grant or renewal of registration s. 17 1 (3) Interim registration granted under subsection (1) has effect until 2 whichever of the following occurs first -- 3 (a) the person's application for registration is granted or 4 refused by the Board; 5 (b) the period, not exceeding 3 months, specified in the 6 person's certificate of interim registration expires. 7 17. Renewal of registration 8 (1) The Board, on an application under section 6(1), must renew the 9 registration of a person in a particular category if the Board is 10 satisfied that the person -- 11 (a) continues to meet the requirements described in 12 Division 2 for registration in that category; and 13 (b) is complying with the conditions (if any) to which the 14 person's registration is subject; and 15 (c) has met any requirements for the renewal of registration 16 prescribed in respect of that category of registration. 17 (2) If a person applies under section 6(1) before the day on which 18 the person's registration expires but the Board does not give the 19 person notice of its decision on the application on or before that 20 day, the person's registration is taken to continue in force from 21 that day until the day on which the Board gives the person 22 notice of its decision. 23 (3) If a person does not apply under section 6(1) before the day on 24 which the person's registration expires, the person's registration 25 is taken to continue in force until -- 26 (a) the end of the period of 1 month after that day; or 27 (b) if the person applies under section 6(1) within the period 28 referred to in paragraph (a), the day on which the Board 29 gives the person notice of its decision on the application. page 16 Veterinary Practice Bill 2021 Registration of veterinarians and veterinary nurses Part 2 Grant or renewal of registration Division 3 s. 18 1 18. Fit and proper person 2 In determining whether a person is a fit and proper person to 3 hold registration, the Board must have regard to the 4 following -- 5 (a) the person's history of compliance with the following -- 6 (i) this Act and the Acts referred to in section 80(c); 7 (ii) a corresponding law; 8 (iii) a law of another country that deals with the 9 regulation of veterinary medicine (however 10 described); 11 (b) any decision under this Act or another Act or law 12 referred to in paragraph (a) to refuse, refuse to renew, 13 suspend or cancel a licence, approval, registration, 14 certification or other authorisation (however described) 15 granted to the person under the Act or law; 16 (c) the person's criminal history to the extent that it is 17 relevant to the person's suitability to practise as a 18 veterinarian or veterinary nurse; 19 (d) any behaviour of the person that shows that the person is 20 not of good fame and character; 21 (e) whether the person has contravened an order of a 22 regulatory authority; 23 (f) whether the person has engaged in conduct that is 24 unprofessional conduct or professional misconduct; 25 (g) whether the person has failed to pay any fines, fees, 26 costs or expenses for which the person is liable under 27 this Act. 28 19. Duration of registration 29 Subject to this Act, registration of a person (other than interim 30 registration) has effect for the shorter of the following -- 31 (a) the prescribed period; page 17 Veterinary Practice Bill 2021 Part 2 Registration of veterinarians and veterinary nurses Division 4 Recognition of veterinarians registered in other jurisdictions s. 20 1 (b) the period (if any) specified in the person's certificate of 2 registration. 3 20. Registration of WA veterinarians affected by decisions of 4 interstate regulatory authorities 5 (1) If, under a corresponding law, the registration (however 6 described) of a WA veterinarian is affected by a decision 7 (however described) of an interstate regulatory authority, 8 whether as a result of disciplinary action or otherwise, the 9 registration of the WA veterinarian under this Act is taken to be 10 affected in the same way. 11 (2) Without limiting subsection (1), a decision affects the 12 registration of a WA veterinarian if it has any of the following 13 effects -- 14 (a) imposes a condition on registration; 15 (b) modifies or otherwise affects a condition on registration; 16 (c) cancels, suspends or amends registration; 17 (d) reinstates, modifies or otherwise affects registration that 18 is, or was, cancelled or suspended; 19 (e) disqualifies the veterinarian from practising, or applying 20 for registration, as a veterinarian. 21 Division 4 -- Recognition of veterinarians registered in 22 other jurisdictions 23 21. Terms used 24 In this Division -- 25 corresponding specialty, in relation to a particular specialty 26 (the WA specialty), means a branch of veterinary medicine 27 that -- 28 (a) is a specialty (however described) under a 29 corresponding law; and page 18 Veterinary Practice Bill 2021 Registration of veterinarians and veterinary nurses Part 2 Recognition of veterinarians registered in other jurisdictions Division 4 s. 22 1 (b) is approved by the Board as corresponding to the 2 WA specialty; 3 interstate registration means registration, or another form of 4 authorisation, as a veterinarian (however described) under a 5 corresponding law of a participating jurisdiction to practise 6 veterinary medicine (however described) in that jurisdiction. 7 22. Recognition of veterinarians registered in other jurisdictions 8 (1) A person is taken to hold general registration as a 9 WA veterinarian under this Act if -- 10 (a) the person has interstate registration of a type that is 11 recognised by the Board, in accordance with the 12 regulations, as substantially the same as general 13 registration granted under this Act; and 14 (b) the person practises veterinary medicine in this State; 15 and 16 (c) subsection (3) applies in respect of the person or the 17 person's principal place of residence is not in this State. 18 (2) A person is taken to hold specialist registration as a 19 WA veterinarian in a particular specialty under this Act if -- 20 (a) the person has interstate registration of a type that is 21 recognised by the Board, in accordance with the 22 regulations, as substantially the same as specialist 23 registration granted under this Act; and 24 (b) the person holds that interstate registration in a 25 corresponding specialty; and 26 (c) the person practises veterinary medicine in this State; 27 and 28 (d) subsection (3) applies in respect of the person or the 29 person's principal place of residence is not in this State. 30 (3) This subsection applies in respect of a person if -- 31 (a) the person's principal place of residence has been in this 32 State for a period not exceeding 3 months; and page 19 Veterinary Practice Bill 2021 Part 2 Registration of veterinarians and veterinary nurses Division 5 Conditions on registration s. 23 1 (b) the person's interstate registration has not been renewed 2 while the person's principal place of residence has been 3 in this State. 4 23. Registration of interstate veterinarians affected by decisions 5 of interstate regulatory authorities 6 (1) If an interstate veterinarian's interstate registration is affected 7 by a decision (however described) of an interstate regulatory 8 authority, whether as a result of disciplinary action or otherwise, 9 the registration of the interstate veterinarian under section 22 is 10 taken to be affected in the same way. 11 (2) Without limiting subsection (1), a decision affects the 12 registration of an interstate veterinarian if it has any of the 13 following effects -- 14 (a) imposes a condition on registration; 15 (b) modifies or otherwise affects a condition on registration; 16 (c) cancels, suspends or amends registration; 17 (d) reinstates, modifies or otherwise affects registration that 18 is, or was, cancelled or suspended; 19 (e) disqualifies the veterinarian from practising, or applying 20 for registration, as a veterinarian. 21 (3) This Act applies in respect of the registration of an interstate 22 veterinarian affected by a decision of an interstate regulatory 23 authority under subsection (1) as if the decision had been made 24 by a regulatory authority of this State. 25 Division 5 -- Conditions on registration 26 24. Conditions generally 27 (1) The registration of a person is subject to any condition that -- 28 (a) under section 20(1) or 23(1) is taken to affect the 29 registration; or 30 (b) is imposed by the Board under section 25(1); or page 20 Veterinary Practice Bill 2021 Registration of veterinarians and veterinary nurses Part 2 Conditions on registration Division 5 s. 25 1 (c) is provided for in section 27 or in regulations referred to 2 in subsection (2); or 3 (d) is imposed by an order made under Part 7; or 4 (e) is imposed by an immediate action order. 5 (2) The regulations may provide for -- 6 (a) conditions on the registration of a person as a 7 veterinarian or veterinary nurse; and 8 (b) different conditions in relation to registration in different 9 categories. 10 25. Conditions imposed by Board 11 (1) The Board may, if it considers there are reasonable grounds for 12 doing so, impose conditions on the registration of a person -- 13 (a) when granting or renewing the registration; or 14 (b) during the currency of the registration. 15 (2) Without limiting subsection (1), the following are examples of 16 conditions that can be imposed on a person's registration -- 17 (a) a condition requiring the person to complete a specified 18 course of further veterinary education; 19 (b) a condition requiring the person to undertake a specified 20 period of practice or work under specified supervision; 21 (c) a condition requiring the person to do or refrain from 22 doing something in connection with veterinary 23 medicine; 24 (d) a condition requiring the person to undergo specified 25 counselling or medical treatment or to act in accordance 26 with specified medical advice concerning the person; 27 (e) if the person is a veterinarian, a condition requiring that 28 the practice by the person of veterinary medicine, or the 29 person's veterinary practice business -- 30 (i) be conducted for a specified period in a specified 31 way or subject to specified conditions; or page 21 Veterinary Practice Bill 2021 Part 2 Registration of veterinarians and veterinary nurses Division 5 Conditions on registration s. 26 1 (ii) be subject to periodic inspection for a specified 2 period. 3 (3) A decision under subsection (1) to impose a condition on a 4 person's registration during the currency of the registration 5 takes effect on the later of the following -- 6 (a) the day on which notice of the decision is given to the 7 person under section 33(1); 8 (b) the day (if any) specified in the notice. 9 (4) A condition imposed on the registration of an interstate 10 veterinarian must be -- 11 (a) no more onerous than would be imposed on a 12 WA veterinarian under this Act in the same or similar 13 circumstances; and 14 (b) relevant to the practice of veterinary medicine by the 15 interstate veterinarian in this State. 16 26. Modification or removal of conditions by Board 17 (1) The Board may, if it considers there are reasonable grounds for 18 doing so, modify or remove a condition imposed on the 19 registration of a person. 20 (2) The Board may exercise the power in subsection (1) -- 21 (a) on the application of the person who holds the 22 registration; or 23 (b) on its own initiative. 24 (3) The Board must not exercise the power in subsection (1) in 25 relation to a condition imposed or modified by an interstate 26 regulatory authority without the consent of that authority. page 22 Veterinary Practice Bill 2021 Registration of veterinarians and veterinary nurses Part 2 Cancellation or suspension of registration Division 6 s. 27 1 (4) A decision under subsection (1) to modify or remove a 2 condition on a person's registration takes effect on the later of 3 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 27. Condition of limited registration 8 It is a condition of limited registration as a WA veterinarian that 9 the person -- 10 (a) must not practise veterinary medicine other than for the 11 purpose described in section 13(2) for which the 12 registration is granted; and 13 (b) must practise veterinary medicine in this State only. 14 Division 6 -- Cancellation or suspension of registration 15 28. Cancellation of registration generally 16 (1) The registration of a veterinarian may be cancelled in any of the 17 following ways -- 18 (a) by a decision of an interstate regulatory authority that 19 under section 20(1) or 23(1) is taken to affect the 20 veterinarian's registration by cancelling it; 21 (b) by a decision of the Board under section 29(1) or (3); 22 (c) by an order made by the Tribunal under Part 7 23 Division 6. 24 (2) The registration of a veterinary nurse may be cancelled in either 25 of the following ways -- 26 (a) by a decision of the Board under section 29(1) or (3); 27 (b) by an order made by the Tribunal under Part 7 28 Division 6. page 23 Veterinary Practice Bill 2021 Part 2 Registration of veterinarians and veterinary nurses Division 6 Cancellation or suspension of registration s. 29 1 29. Cancellation of registration by Board 2 (1) The Board must cancel the registration of a person as soon as 3 possible after the Board becomes aware that the person is not 4 entitled to be registered. 5 (2) A person is not entitled to be registered if -- 6 (a) a qualification that enabled the person to gain 7 registration has been withdrawn or cancelled by the 8 body that conferred the qualification; or 9 (b) a qualification that enabled the person to gain 10 registration was forged or fraudulently obtained; or 11 (c) the person is in arrears in respect of fees due and 12 payable under this Act. 13 (3) The Board must cancel the registration of a person at the written 14 request of the person. 15 (4) A decision under subsection (1) or (3) to cancel a person's 16 registration takes effect on the later of the following -- 17 (a) the day on which notice of the decision is given to the 18 person under section 34(1); 19 (b) the day (if any) specified in the notice. 20 30. Suspension of registration 21 (1) The registration of a veterinarian may be suspended in any of 22 the following ways -- 23 (a) by a decision of an interstate regulatory authority that 24 under section 20(1) or 23(1) is taken to affect the 25 veterinarian's registration by suspending it; 26 (b) by an order made by the Tribunal under Part 7 27 Division 6; 28 (c) by an immediate action order. page 24 Veterinary Practice Bill 2021 Registration of veterinarians and veterinary nurses Part 2 Show cause process and notice of decisions Division 7 s. 31 1 (2) The registration of a veterinary nurse may be suspended in 2 either of the following ways -- 3 (a) by an order made by the Tribunal under Part 7 4 Division 6; 5 (b) by an immediate action order. 6 (3) If a person's registration is suspended, the person is taken not to 7 be registered under this Act, other than for the purposes of 8 Part 5 Division 5 and Part 7, for the period of the suspension. 9 Division 7 -- Show cause process and notice of decisions 10 31. Show cause process for proposed decision 11 (1) This section applies to the following decisions -- 12 (a) a decision on a Part 2 application -- 13 (i) to refuse to grant or renew registration; or 14 (ii) to grant or renew registration in respect of a 15 category of registration other than the category 16 applied for; 17 (b) a decision under section 25(1) to impose a condition on 18 a person's registration during the currency of the 19 registration; 20 (c) a decision under section 26(1), on the Board's own 21 initiative, to modify a condition on a person's 22 registration. 23 (2) If the Board proposes to make a decision to which this section 24 applies, the Board must give the applicant or person who holds 25 the registration, as the case requires, written notice of the 26 proposed decision. 27 (3) The notice must invite the person to whom it is given to make a 28 written submission to the Board about the proposed decision 29 within a reasonable period specified in the notice. page 25 Veterinary Practice Bill 2021 Part 2 Registration of veterinarians and veterinary nurses Division 7 Show cause process and notice of decisions s. 32 1 (4) The Board must have regard to any submission made in 2 accordance with the notice in deciding whether to make the 3 proposed decision. 4 32. Notice of decision on registration or renewal of registration 5 (1) The Board must give the applicant written notice of its decision 6 on a Part 2 application as soon as practicable after making the 7 decision. 8 (2) If the decision is to grant or renew registration, the notice must 9 contain the following -- 10 (a) the category of registration granted or renewed; 11 (b) the period for which registration is granted or renewed; 12 (c) the registration number; 13 (d) any conditions imposed by the Board on the registration; 14 (e) if a condition is imposed -- 15 (i) the reasons for the imposition of the condition; 16 and 17 (ii) a statement that the applicant may apply under 18 section 150(2) for a review of the decision to 19 impose the condition. 20 (3) If the decision is to refuse to grant or renew registration, the 21 notice must contain the following -- 22 (a) the reasons for the decision; 23 (b) a statement that the applicant may apply under 24 section 150(2) for a review of the decision. 25 33. Notice of decision to impose, modify or remove condition 26 (1) The Board must give a person written notice of any of the 27 following decisions as soon as practicable after making the 28 decision -- 29 (a) a decision under section 25(1) to impose a condition on 30 the person's registration during the currency of the 31 registration; page 26 Veterinary Practice Bill 2021 Registration of veterinarians and veterinary nurses Part 2 Show cause process and notice of decisions Division 7 s. 34 1 (b) a decision under section 26(1) to modify or remove a 2 condition on the person's registration. 3 (2) The notice must contain the following -- 4 (a) the reasons for the decision; 5 (b) if the decision is to impose or modify a condition, a 6 statement that the person may apply under 7 section 150(2) for a review of the decision. 8 34. Notice of decision to cancel registration 9 (1) The Board must give a person written notice of a decision to 10 cancel the person's registration under section 29(1) or (3) as 11 soon as practicable after making the decision. 12 (2) In the case of a decision under section 29(1), the notice must 13 contain the following -- 14 (a) the reasons for the decision, with reference to the 15 relevant paragraph of section 29(2); 16 (b) a statement that the person may apply under 17 section 150(2) for a review of the decision. page 27 Veterinary Practice Bill 2021 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 page 28 Veterinary Practice Bill 2021 Registration of veterinary premises Part 3 Applications for registration Division 1 s. 37 1 (c) specify the registration to which it relates; and 2 (d) be accompanied by -- 3 (i) the prescribed application fee; and 4 (ii) if it is made after the day referred to in 5 paragraph (b) -- the prescribed additional fee 6 (which cannot be more than 50% of the 7 prescribed application fee); and 8 (iii) the prescribed registration fee; 9 and 10 (e) comply with the prescribed requirements (if any). 11 37. Board's powers in relation to application 12 The Board may, by written notice given to an applicant under 13 this Division, require the applicant to do 1 or more of the 14 following -- 15 (a) give the Board, within a period specified in the notice, 16 any further information relevant to the application that 17 the Board requires; 18 (b) verify by statutory declaration any information provided 19 to the Board; 20 (c) agree with the Board as to a mutually convenient time 21 for the inspection of the proposed veterinary premises; 22 (d) give the Board, within a period specified in the notice, 23 the applicant's written consent to seek, from another 24 person or body specified by the Board, information 25 relevant to the application; 26 (e) attend before the Board, at a place and time specified in 27 the notice, for the purpose of satisfying the Board as to 28 any matter relevant to the application. page 29 Veterinary Practice Bill 2021 Part 3 Registration of veterinary premises Division 2 Requirements for registration s. 38 1 38. Refusal of application 2 (1) The Board may refuse a Part 3 application if -- 3 (a) the application is not made in accordance with the 4 requirements of this Division; or 5 (b) the applicant does not comply with a requirement under 6 section 37. 7 (2) Subsection (1) does not limit the grounds on which the Board 8 can refuse a Part 3 application. 9 (3) If the Board refuses a Part 3 application, the Board must refund 10 the registration fee that accompanied it. 11 Division 2 -- Requirements for registration 12 39. Requirements for registration of premises 13 The requirements for the registration of premises as veterinary 14 premises are as follows -- 15 (a) the premises are in a satisfactory condition to be used 16 for carrying on a veterinary practice business; 17 (b) the premises are designed, constructed and equipped in 18 accordance with the prescribed requirements (if any); 19 (c) arrangements for the management, control and operation 20 of the premises, in relation to the practice of veterinary 21 medicine at or from the premises, are in accordance with 22 the prescribed requirements (if any); 23 (d) there is a veterinary supervisor for the premises; 24 (e) the person in whose name the premises will be 25 registered -- 26 (i) is, or proposes to be, a practice owner in relation 27 to the premises; and page 30 Veterinary Practice Bill 2021 Registration of veterinary premises Part 3 Grant or renewal of registration Division 3 s. 40 1 (ii) is not a person who is, according to the 2 Interpretation Act 1984 section 13D, a bankrupt 3 or a person whose affairs are under insolvency 4 laws. 5 Division 3 -- Grant or renewal of registration 6 40. Grant of registration 7 (1) The Board, on an application under section 35(1), must grant 8 registration of premises as veterinary premises if the Board is 9 satisfied -- 10 (a) that the requirements for registration described in 11 section 39 are met; or 12 (b) in circumstances where the requirements for registration 13 described in section 39(a), (b) or (c) are not met, that the 14 premises, or the arrangements for the management, 15 control and operation of the premises, can be altered so 16 as to comply with those requirements and that the 17 applicant will make those alterations; or 18 (c) that it is otherwise appropriate for the premises to be 19 registered. 20 (2) Veterinary premises must be registered in the name of the 21 applicant for registration of the premises. 22 41. Interim registration 23 (1) The Board, on an application under section 35(1), may grant 24 interim registration of premises as veterinary premises while 25 assessing whether the requirements for registration described in 26 section 39 are met. 27 (2) The Board may only grant interim registration under 28 subsection (1) if satisfied that it is highly likely that the 29 requirements for registration described in section 39 will be 30 met. page 31 Veterinary Practice Bill 2021 Part 3 Registration of veterinary premises Division 3 Grant or renewal of registration s. 42 1 (3) Interim registration granted under subsection (1) has effect until 2 whichever of the following occurs first -- 3 (a) the application under section 35(1) is granted or refused 4 by the Board; 5 (b) the period, not exceeding 3 months, specified in the 6 certificate of interim registration for the premises 7 expires. 8 42. Renewal of registration 9 (1) The Board, on an application under section 36(1), must renew 10 the registration of veterinary premises if -- 11 (a) the Board -- 12 (i) is satisfied that the requirements for registration 13 described in section 39 are met in respect of the 14 premises; or 15 (ii) is satisfied in terms of section 40(1)(b) or (c) in 16 respect of the premises; 17 and 18 (b) the Board is satisfied that any conditions to which the 19 registration of the premises is subject are being 20 complied with; and 21 (c) the Board is satisfied that the prescribed requirements (if 22 any) are met. 23 (2) The regulations may prescribe different requirements for the 24 purposes of subsection (1)(c) in relation to different kinds of 25 veterinary premises. 26 (3) If a registered practice owner for veterinary premises applies 27 under section 36(1) for the renewal of the registration of the 28 premises before the day on which the registration expires but 29 the Board does not give the registered practice owner notice of 30 its decision on the application on or before that day, the 31 registration is taken to continue in force from that day until the page 32 Veterinary Practice Bill 2021 Registration of veterinary premises Part 3 Conditions on registration Division 4 s. 43 1 day on which the Board gives the registered practice owner 2 notice of its decision. 3 (4) If a registered practice owner for veterinary premises does not 4 apply under section 36(1) for the renewal of the registration of 5 the premises before the day on which the registration expires, 6 the registration is taken to continue in force until -- 7 (a) the end of the period of 1 month after that day; or 8 (b) if the registered practice owner applies under 9 section 36(1) within the period referred to in 10 paragraph (a), the day on which the Board gives the 11 registered practice owner notice of its decision on the 12 application. 13 43. Duration of registration 14 Subject to this Act, registration of veterinary premises (other 15 than interim registration) has effect for the shorter of the 16 following -- 17 (a) the prescribed period; 18 (b) the period (if any) specified in the certificate of 19 registration for the premises. 20 Division 4 -- Conditions on registration 21 44. Conditions generally 22 (1) The registration of veterinary premises is subject to any 23 condition that is -- 24 (a) imposed by the Board under section 45(1); or 25 (b) provided for in regulations referred to in subsection (2). 26 (2) The regulations may provide for -- 27 (a) conditions on the registration of veterinary premises; 28 and 29 (b) different conditions in relation to different kinds of 30 veterinary premises. page 33 Veterinary Practice Bill 2021 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 2021 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 2021 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 page 36 Veterinary Practice Bill 2021 Registration of veterinary premises Part 3 Show cause process and notice of decisions Division 6 s. 49 1 the registration, as the case requires, written notice of the 2 proposed decision. 3 (3) The notice must invite the person to whom it is given to make a 4 written submission to the Board about the proposed decision 5 within a reasonable period specified in the notice. 6 (4) The Board must have regard to any submission made in 7 accordance with the notice in deciding whether to make the 8 proposed decision. 9 49. Notice of decision on registration or renewal of registration 10 (1) The Board must give the applicant written notice of its decision 11 on a Part 3 application as soon as practicable after making the 12 decision. 13 (2) If a Part 3 application is granted, the notice must contain the 14 following -- 15 (a) a description of the premises registered as veterinary 16 premises; 17 (b) the period for which registration is granted or renewed; 18 (c) any conditions imposed by the Board on the registration; 19 (d) if a condition is imposed -- 20 (i) the reasons for the imposition of the condition; 21 and 22 (ii) a statement that the applicant may apply under 23 section 150(2) for a review of the decision to 24 impose the condition. 25 (3) If a Part 3 application is refused, the notice must contain -- 26 (a) the reasons for the refusal; and 27 (b) a statement that the applicant may apply under 28 section 150(2) for a review of the decision to refuse the 29 application. page 37 Veterinary Practice Bill 2021 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 2021 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; page 39 Veterinary Practice Bill 2021 Part 4 The register s. 53 1 (g) if the person holds specialist registration as a 2 WA veterinarian in a particular specialty -- that 3 specialty; 4 (h) if the person holds limited registration as a 5 WA veterinarian -- the purpose or purposes described 6 in section 13(2) for which the person holds the 7 registration; 8 (i) the title, name, words or letters indicating the person's 9 qualifications in veterinary science or as a veterinarian 10 or a veterinary specialist in a particular specialty; 11 (j) any prescribed information. 12 (2) The following information must be recorded in the register in 13 respect of each veterinary nurse -- 14 (a) the town or suburb in which the person's principal place 15 of practice is located and the postcode of that town or 16 suburb; 17 (b) the category of registration that the person holds; 18 (c) the person's registration number; 19 (d) the date of the commencement of the person's 20 registration; 21 (e) any conditions to which the person's registration is 22 subject under section 25(1) or Part 7; 23 (f) the title, name, words or letters indicating the person's 24 qualifications as a veterinary nurse; 25 (g) any prescribed information. 26 (3) If a condition is imposed on the registration of a veterinarian or 27 veterinary nurse because the veterinarian or veterinary nurse has 28 an impairment, the Board must omit from the register any part 29 of the condition that includes the reason for the imposition of 30 the condition or other information in relation to the impairment. page 40 Veterinary Practice Bill 2021 The register Part 4 s. 54 1 (4) The following information must be recorded in the register in 2 respect of veterinary premises -- 3 (a) the address of the premises; 4 (b) the name of the practice owner in whose name the 5 premises are registered; 6 (c) the date of the commencement of the registration of the 7 premises; 8 (d) the name of the veterinary supervisor for the premises; 9 (e) any conditions to which the registration of the veterinary 10 premises is subject under section 45(1); 11 (f) any prescribed information. 12 54. Information about interstate veterinarians 13 Without limiting section 52(1)(b), the following information 14 may be recorded in the register in respect of an interstate 15 veterinarian -- 16 (a) the person's name; 17 (b) if the person is taken under section 22(2) to hold 18 specialist registration as a WA veterinarian in a 19 particular specialty -- that specialty; 20 (c) the corresponding law under which the person is 21 registered (however described); 22 (d) any conditions to which the person's registration is 23 subject; 24 (e) any prescribed information. 25 55. Inspection of, and obtaining information from, register 26 (1) The Board -- 27 (a) must ensure that the register is available for inspection, 28 free of charge, by members of the public -- 29 (i) at the office of the Board or another place 30 approved by the Board; and page 41 Veterinary Practice Bill 2021 Part 4 The register s. 55 1 (ii) if the Board considers it appropriate, on a 2 website maintained by the Board; 3 and 4 (b) must give a person an extract from the register on 5 payment of the prescribed fee (if any); and 6 (c) may, if satisfied it is in the public interest to do so, give 7 a person a copy of the register on payment of the 8 prescribed fee (if any). 9 (2) A person's right to inspect the register, or to be given an extract 10 from the register, does not extend to the inspection or provision 11 of information prescribed under section 53(1)(j), (2)(g) or (4)(f) 12 or 54(e). page 42 Veterinary Practice Bill 2021 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 2021 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 2021 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 2021 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 2021 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 2021 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 2021 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 page 49 Veterinary Practice Bill 2021 Part 5 Offences Division 4 False representations and use of words and abbreviations s. 63 1 specialist in that specialty or is entitled to practise as a 2 veterinarian in that specialty. 3 Penalty for this subsection: 4 (a) for a first offence, a fine of $10 000; 5 (b) for a second or subsequent offence, a fine of $20 000. 6 (3) Without limiting subsection (1) or (2), a person who is not a 7 veterinary specialist, or a veterinary specialist in a particular 8 specialty, must not use a title -- 9 (a) that is prescribed for the purposes of this paragraph; or 10 (b) that otherwise indicates, or could reasonably be 11 understood to indicate, that the person is, or is registered 12 as, a veterinary specialist or a veterinary specialist in a 13 particular specialty. 14 Penalty for this subsection: 15 (a) for a first offence, a fine of $10 000; 16 (b) for a second or subsequent offence, a fine of $20 000. 17 63. False representations about being veterinary nurse 18 (1) A person who is not a veterinary nurse must not -- 19 (a) claim to be a veterinary nurse or to be registered as a 20 veterinary nurse; or 21 (b) claim to be entitled to practise as a veterinary nurse; or 22 (c) do anything that could reasonably be expected to cause 23 another person to believe that the person is a veterinary 24 nurse, is registered as a veterinary nurse or is entitled to 25 practise as a veterinary nurse. 26 Penalty for this subsection: 27 (a) for a first offence, a fine of $2 500; 28 (b) for a second or subsequent offence, a fine of $5 000. page 50 Veterinary Practice Bill 2021 Offences Part 5 False representations and use of words and abbreviations Division 4 s. 64 1 (2) Without limiting subsection (1), a person who is not a veterinary 2 nurse must not use a title -- 3 (a) that is prescribed for the purposes of this paragraph; or 4 (b) that otherwise indicates, or could reasonably be 5 understood to indicate, that the person is a veterinary 6 nurse, is registered as a veterinary nurse or is entitled to 7 practise as a veterinary nurse. 8 Penalty for this subsection: 9 (a) for a first offence, a fine of $2 500; 10 (b) for a second or subsequent offence, a fine of $5 000. 11 64. False representations about being authorised person 12 (1) A person who is not an authorised person must not -- 13 (a) claim to be an authorised person; or 14 (b) claim to be entitled to work as an authorised person; or 15 (c) do anything that could reasonably be expected to cause 16 another person to believe that the person is an authorised 17 person or is entitled to work as an authorised person. 18 Penalty for this subsection: 19 (a) for a first offence, a fine of $2 500; 20 (b) for a second or subsequent offence, a fine of $5 000. 21 (2) A person who is not an authorised person of a particular 22 prescribed class must not -- 23 (a) claim to be an authorised person of that class; or 24 (b) claim to be entitled to work as an authorised person of 25 that class; or 26 (c) do anything that could reasonably be expected to cause 27 another person to believe that the person is an authorised page 51 Veterinary Practice Bill 2021 Part 5 Offences Division 4 False representations and use of words and abbreviations s. 65 1 person of that class or is entitled to work as an 2 authorised person of that class. 3 Penalty for this subsection: 4 (a) for a first offence, a fine of $2 500; 5 (b) for a second or subsequent offence, a fine of $5 000. 6 (3) Without limiting subsection (1) or (2), a person who is not an 7 authorised person, or an authorised person of a particular 8 prescribed class, must not use a title that indicates, or could 9 reasonably be understood to indicate, that the person is an 10 authorised person or an authorised person of that class, as the 11 case requires. 12 Penalty for this subsection: 13 (a) for a first offence, a fine of $2 500; 14 (b) for a second or subsequent offence, a fine of $5 000. 15 65. Use of certain words and abbreviations 16 (1) In this section -- 17 veterinary qualifications means qualifications as a veterinarian, 18 a veterinary specialist in a particular specialty or a veterinary 19 nurse. 20 (2) A person must not, in connection with any business carried on 21 by the person, use the term "veterinary" or any other 22 grammatical form or abbreviation of that term unless the person 23 is -- 24 (a) a veterinarian; or 25 (b) a veterinary nurse; or 26 (c) a practice owner; or 27 (d) carrying on a business as a supplier of veterinary 28 supplies or materials; or 29 (e) providing veterinary education under a written law; or page 52 Veterinary Practice Bill 2021 Offences Part 5 False representations and use of words and abbreviations Division 4 s. 65 1 (f) a professional organisation of veterinarians or veterinary 2 nurses; or 3 (g) a person of a prescribed class. 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 (3) A person must not, in connection with the practice of veterinary 8 medicine, use a title, name, words or letters capable of being 9 understood to indicate veterinary qualifications unless the title, 10 name, words or letters used -- 11 (a) are entered in the register in respect of the person; or 12 (b) are an abbreviation or derivative of an entry referred to 13 in paragraph (a); or 14 (c) are approved by the Board. 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 (4) A practice owner must not use a title, name, words or letters 19 capable of being understood to indicate veterinary qualifications 20 to describe a person employed or engaged in the veterinary 21 practice business carried on by the practice owner unless the 22 title, name, words or letters used -- 23 (a) are entered in the register in respect of the person; or 24 (b) are an abbreviation or derivative of an entry referred to 25 in paragraph (a); or 26 (c) are approved by the Board. 27 Penalty for this subsection: 28 (a) for a first offence, a fine of $10 000; 29 (b) for a second or subsequent offence, a fine of $20 000. page 53 Veterinary Practice Bill 2021 Part 5 Offences Division 5 Notice requirements s. 66 1 Division 5 -- Notice requirements 2 66. Notice about events relevant to person's registration 3 (1) In this section -- 4 relevant offence means -- 5 (a) an offence under this Act; or 6 (b) an offence under a corresponding law; or 7 (c) an offence under a law of another country that deals 8 with the regulation of veterinary medicine (however 9 described); or 10 (d) an offence under an Act referred to in section 80(c); or 11 (e) an indictable offence (whether or not the offence is or 12 may be dealt with summarily) for which the penalty 13 with which the offence is punishable on indictment is -- 14 (i) imprisonment for life; or 15 (ii) imprisonment for more than 1 year; 16 or 17 (f) an offence arising out of the practice by a person of 18 veterinary medicine or practice by a person as a 19 veterinary nurse. 20 (2) A person who is a veterinarian or veterinary nurse must, within 21 14 days after becoming aware that any of the following events 22 has occurred in relation to the person, give notice of the event to 23 the Board in accordance with section 69 -- 24 (a) a qualification that enabled the person to gain 25 registration is withdrawn or cancelled by the body that 26 conferred the qualification; 27 (b) criminal proceedings are commenced against the person 28 for a relevant offence; 29 (c) any proceedings referred to in paragraph (b) are 30 withdrawn, dismissed or determined by the court in 31 which they were brought; page 54 Veterinary Practice Bill 2021 Offences Part 5 Notice requirements Division 5 s. 67 1 (d) a finding that is the same as, or similar to, a finding of 2 unprofessional conduct or professional misconduct is 3 made against the person under a corresponding law or 4 the law of another country that deals with the regulation 5 of veterinary medicine (however described). 6 Penalty for this subsection: a fine of $5 000. 7 (3) A veterinarian whose registration is affected by a decision of an 8 interstate regulatory authority under section 20(1) or 23(1) must, 9 within 14 days after becoming aware of the decision of the 10 interstate regulatory authority, give notice of the decision to the 11 Board in accordance with section 69. 12 Penalty for this subsection: a fine of $5 000. 13 67. Notice about changes of ownership of veterinary practice 14 business 15 A person must, within 14 days after the person becomes or 16 ceases to be a practice owner, give notice of the change of 17 ownership to the Board in accordance with section 69. 18 Penalty: a fine of $5 000. 19 68. Notice about change of veterinary supervisor 20 The registered practice owner for veterinary premises must, 21 within 14 days after a person becomes or ceases to be the 22 veterinary supervisor for the premises, give notice of the change 23 of veterinary supervisor to the Board in accordance with 24 section 69. 25 Penalty: a fine of $5 000. 26 69. Requirements for notice under this Division 27 Notice under this Division must -- 28 (a) be in writing; and 29 (b) contain the details, or be in the form (if any), approved 30 by the Board. page 55 Veterinary Practice Bill 2021 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 2021 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 2021 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 2021 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 2021 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 2021 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 2021 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 2021 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 2021 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 2021 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) any discussion with the respondent under 23 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 2021 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 2021 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 2021 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 2021 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 page 69 Veterinary Practice Bill 2021 Part 7 Complaints and discipline Division 5 Unprofessional conduct s. 95 1 (c) direct that any information or answer directed to be 2 given under subsection (1)(b) be given on oath or 3 affirmation or be verified by statutory declaration. 4 (3) A Board member may administer an oath or affirmation for the 5 purposes of this section. 6 (4) If the Board gives a direction to a person under 7 subsection (1)(a), the direction must state that -- 8 (a) under this Act, the person is required to comply with the 9 direction; and 10 (b) failure to do so may be an offence under section 95(1). 11 (5) If the Board gives a direction to a person under 12 subsection (1)(b), the Board must inform the person that -- 13 (a) under this Act, the person is required to comply with the 14 direction; and 15 (b) failure to do so may be an offence under section 95(1). 16 95. Failure to comply with direction 17 (1) A person who fails to comply with a direction given to the 18 person under section 94(1) commits an offence unless -- 19 (a) the person was not informed when the direction was 20 given that a failure to comply with the direction may 21 constitute an offence; or 22 (b) the person has a reasonable excuse for failing to comply 23 with the direction. 24 Penalty for this subsection: a fine of $5 000. 25 (2) For the purposes of subsection (1)(b), it is not a reasonable 26 excuse for a person to fail to comply with a direction under 27 section 94(1)(a)(ii) or (b) on the ground that to do so might 28 incriminate the person or render the person liable to a penalty. 29 (3) However, any information or answer given by an individual, or 30 the fact that a document or other thing was produced by an page 70 Veterinary Practice Bill 2021 Complaints and discipline Part 7 Unprofessional conduct Division 5 s. 96 1 individual, in compliance with a direction given to the 2 individual under section 94(1)(a)(ii) or (b) is not admissible in 3 evidence against the individual in any proceedings other than -- 4 (a) disciplinary proceedings taken by a regulatory authority 5 under this Act or a corresponding law; or 6 (b) proceedings for an offence under section 193; or 7 (c) proceedings for perjury. 8 (4) This section is in addition to, and does not affect the operation 9 of, the Evidence Act 1906 section 11. 10 96. Protection for compliance with direction 11 (1) A person must comply with a direction given to the person 12 under section 94(1) despite the provisions of any other written 13 law. 14 (2) However -- 15 (a) no civil or criminal liability is incurred as a result of 16 compliance with the direction; and 17 (b) compliance with the direction cannot be regarded as -- 18 (i) a breach of any duty of confidentiality or secrecy 19 imposed by law; or 20 (ii) a breach of professional ethics, professional 21 standards or any principles of conduct applicable 22 to the person's employment; or 23 (iii) unprofessional conduct (however described). 24 97. Disruption of inquiry 25 (1) A person must not hinder or obstruct the conduct of an inquiry. 26 Penalty for this subsection: a fine of $5 000. 27 (2) A person must not insult the Board when it is conducting an 28 inquiry. 29 Penalty for this subsection: a fine of $5 000. page 71 Veterinary Practice Bill 2021 Part 7 Complaints and discipline Division 5 Unprofessional conduct s. 98 1 98. Immunity for person performing inquiry functions 2 A person who performs a function in relation to an inquiry, or is 3 otherwise concerned in an inquiry, has the same protection and 4 immunity as a member or officer of the Supreme Court, or a 5 witness or party before the Supreme Court, would have in 6 respect of a similar function or concern related to the 7 jurisdiction of the Supreme Court. 8 Subdivision 2 -- Dealing with complaint after inquiry 9 99. Board to decide how to deal with complaint 10 (1) After an inquiry into a complaint is completed, the Board must 11 decide to deal with the complaint in 1 of the following ways -- 12 (a) dismiss the complaint under section 87(2); 13 (b) make a finding of unprofessional conduct against the 14 respondent; 15 (c) refer the complaint to the Tribunal if the Board 16 considers that the respondent may have engaged in 17 professional misconduct. 18 (2) Notice of a decision under subsection (1) must be given in 19 accordance with section 108. 20 100. Orders following finding by Board 21 (1) If a finding is made against a respondent under section 99(1)(b), 22 the Board may do 1 or more of the following -- 23 (a) order that the respondent be reprimanded; 24 (b) order that the respondent pay to the Board a fine of a 25 specified amount not exceeding -- 26 (i) if the respondent is or was a veterinarian -- 27 $2 000; or 28 (ii) if the respondent is or was a veterinary nurse -- 29 $1 000; page 72 Veterinary Practice Bill 2021 Complaints and discipline Part 7 State Administrative Tribunal Division 6 s. 101 1 (c) if the respondent is a veterinarian or veterinary nurse, 2 order that -- 3 (i) a condition be imposed on the registration of the 4 respondent; or 5 (ii) an existing condition on the registration of the 6 respondent be modified. 7 (2) Notice of an order under subsection (1) must be given in 8 accordance with section 108. 9 (3) An order under subsection (1) takes effect on the later of the 10 following -- 11 (a) the day on which notice of the order is given to the 12 respondent; 13 (b) the day (if any) specified in the order. 14 Division 6 -- State Administrative Tribunal 15 101. Powers of Tribunal to deal with complaint 16 The Tribunal may deal with a complaint referred to it under 17 section 86(2)(c) in 1 of the following ways -- 18 (a) dismiss the complaint; 19 (b) make a finding of unprofessional conduct against the 20 respondent; 21 (c) make a finding of professional misconduct against the 22 respondent. 23 102. Orders following finding by Tribunal 24 (1) If a finding is made against a respondent under section 101(b), 25 the Tribunal may make any order that may be made by the 26 Board under section 100(1). 27 (2) If a finding is made against a respondent under section 101(c), 28 the Tribunal may do 1 or more of the following -- 29 (a) order that the respondent be reprimanded; page 73 Veterinary Practice Bill 2021 Part 7 Complaints and discipline Division 6 State Administrative Tribunal s. 103 1 (b) order that the respondent pay to the Board a fine of a 2 specified amount not exceeding -- 3 (i) if the respondent is or was a veterinarian -- 4 $10 000; or 5 (ii) if the respondent is or was a veterinary nurse -- 6 $5 000; 7 (c) if the respondent is a veterinarian or veterinary nurse -- 8 (i) order that a condition be imposed on the 9 registration of the respondent; or 10 (ii) order that an existing condition on the 11 registration of the respondent be modified; or 12 (iii) order the suspension of the respondent's 13 registration for a period specified in the order; or 14 (iv) order the cancellation of the respondent's 15 registration; or 16 (v) if an order is made under subparagraph (iv), 17 order that the respondent be disqualified from 18 applying for registration indefinitely or for a 19 period specified in the order; 20 (d) if the respondent is not a veterinarian or veterinary 21 nurse, order that the respondent be disqualified from 22 applying for registration indefinitely or for a period 23 specified in the order. 24 103. Interlocutory or interim orders 25 (1) In a proceeding on a complaint referred to it under 26 section 86(2)(c), the Tribunal may make any interlocutory or 27 interim order it considers appropriate before making its final 28 decision in relation to the complaint. 29 (2) Without limiting subsection (1), the Tribunal may make an 30 order -- 31 (a) imposing a condition on the registration of the 32 respondent; or page 74 Veterinary Practice Bill 2021 Complaints and discipline Part 7 Other matters Division 7 s. 104 1 (b) modifying an existing condition on the registration of 2 the respondent; or 3 (c) suspending the registration of the respondent for a 4 period specified in the order; or 5 (d) requiring the respondent to undergo a health assessment. 6 (3) If the Tribunal makes an order under subsection (2)(d), the 7 Tribunal may make an order requiring -- 8 (a) the Board to appoint a medical practitioner or 9 psychologist to conduct the health assessment; and 10 (b) the person appointed under paragraph (a) to give a 11 written report about the health assessment to the 12 Tribunal; and 13 (c) the Board to pay the costs and expenses arising from, or 14 incidental to, the health assessment and the provision of 15 the report. 16 104. Board to give effect to orders of Tribunal 17 The Board must give effect to or enforce an order made by the 18 Tribunal under section 102 or 103 to the extent that it is an order 19 that is capable of being given effect to or enforced by the Board. 20 Division 7 -- Other matters 21 105. Examples of conditions 22 (1) In this section -- 23 specified means specified in the order imposing the condition. 24 (2) Without limiting sections 100(1)(c)(i), 102(2)(c)(i) 25 and 103(2)(a), the following are examples of conditions that can 26 be imposed under those provisions -- 27 (a) a condition requiring the respondent to complete a 28 specified course of relevant education; page 75 Veterinary Practice Bill 2021 Part 7 Complaints and discipline Division 7 Other matters s. 106 1 (b) a condition requiring the respondent to undertake a 2 specified period of practice or work under specified 3 supervision; 4 (c) a condition requiring the respondent to do or refrain 5 from doing something in connection with veterinary 6 medicine; 7 (d) a condition requiring the respondent to undergo 8 specified counselling or medical treatment or act in 9 accordance with specified medical advice concerning 10 the respondent; 11 (e) if the respondent is a veterinarian, a condition requiring 12 that the practice by the respondent of veterinary 13 medicine, or the respondent's veterinary practice 14 business -- 15 (i) be conducted for a specified period in a specified 16 way or subject to specified conditions; or 17 (ii) be subject to periodic inspection for a specified 18 period. 19 106. Records of action taken by Board 20 The Board must ensure that accurate records are kept of each 21 decision or order made, or other action taken, by the Board 22 under this Part in relation to a person. 23 107. Order to pay costs and expenses of investigation or inquiry 24 (1) The Board may order that the respondent pay to the Board any 25 costs and expenses of, arising from, or incidental to, the 26 investigation of a complaint or an inquiry into a complaint, that 27 the Board thinks fit. 28 (2) However, the Board cannot make an order under subsection (1) 29 unless a finding or order has been made against the respondent 30 under this Part. page 76 Veterinary Practice Bill 2021 Complaints and discipline Part 7 Other matters Division 7 s. 108 1 (3) Notice of an order under subsection (1) must be given in 2 accordance with section 108. 3 (4) An order under subsection (1) takes effect on the later of the 4 following -- 5 (a) the day on which notice of the order is given to the 6 respondent; 7 (b) the day (if any) specified in the order. 8 108. Notice of decisions or orders under this Part 9 (1) The Board must give notice of a decision or order under 10 section 86(2), 99(1), 100(1) or 107(1) to -- 11 (a) the respondent; and 12 (b) if the Board considers it appropriate, the complainant. 13 (2) The notice must -- 14 (a) be in writing; and 15 (b) be given as soon as practicable after the making of the 16 decision or order; and 17 (c) contain short particulars of the reasons for the decision 18 or order; and 19 (d) if the decision or order is a reviewable decision under 20 section 150, contain a statement that the respondent may 21 apply for a review of the decision or order under that 22 section. page 77 Veterinary Practice Bill 2021 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 2021 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. 27 (2) For the purposes of subsection (1)(b), an occupier of premises 28 gives informed consent to the entry of the premises if the page 79 Veterinary Practice Bill 2021 Part 8 Investigation Division 2 Investigation s. 114 1 occupier consents to the entry after being informed by the 2 inspector -- 3 (a) of the powers that the inspector wants to exercise in 4 respect of the premises; and 5 (b) of the reason why the inspector wants to exercise those 6 powers; and 7 (c) that the occupier can refuse to consent to the inspector 8 doing so. 9 114. Powers after entering premises 10 (1) An inspector who enters premises under section 113(1) may, for 11 investigative purposes, do 1 or more of the following -- 12 (a) inspect the premises and any thing at the premises; 13 (b) search the premises and any thing at the premises; 14 (c) examine, measure, test, photograph or film any part of 15 the premises or any thing at the premises; 16 (d) operate equipment, including (without limitation) a 17 computer, or facilities at the premises or direct a person 18 at the premises to do so; 19 (e) take any thing, or a sample of or from any thing, at the 20 premises for analysis or testing; 21 (f) make a copy of, take an extract from, or download or 22 print out, any document or other thing at the premises; 23 (g) take into or onto premises any person, equipment and 24 materials the inspector reasonably requires; 25 (h) direct the occupier of the premises, or a person at the 26 premises, to give the inspector such assistance as the 27 inspector reasonably requires. 28 (2) If an inspector gives a direction to a person under 29 subsection (1)(h), the inspector must inform the person that -- 30 (a) under this Act, the person is required to comply with the 31 direction; and page 80 Veterinary Practice Bill 2021 Investigation Part 8 Investigation Division 2 s. 115 1 (b) failure to do so may constitute an offence under 2 section 116(1). 3 115. Powers to obtain information 4 (1) In this section -- 5 criminal record check means a document issued by the Police 6 Force of Western Australia, the Australian Federal Police or 7 another body or agency approved by the Board that sets out the 8 criminal convictions (if any) of a person for offences under the 9 law of this State, the Commonwealth, another State or a 10 Territory. 11 (2) An inspector may, for investigative purposes, do 1 or more of 12 the following -- 13 (a) direct a person to produce a document or other thing that 14 is in the person's possession or under the person's 15 control; 16 (b) direct a person to produce a criminal record check for 17 the person issued not more than 3 months before the 18 date of the direction; 19 (c) direct a person -- 20 (i) to give such information as is requested in 21 relation to any matter; or 22 (ii) to answer a question put to the person. 23 (3) An inspector may -- 24 (a) inspect a document or other thing produced in response 25 to a direction under subsection (2)(a) or (b) and retain it 26 for any reasonable period that the inspector considers 27 appropriate; and 28 (b) make a copy of a document produced in response to a 29 direction under subsection (2)(a) or (b). page 81 Veterinary Practice Bill 2021 Part 8 Investigation Division 2 Investigation s. 115 1 (4) A direction under subsection (2)(a) or (b) -- 2 (a) must specify the time at or within which the document 3 or other thing must be produced; and 4 (b) may require that the document or other thing be 5 produced -- 6 (i) at a place specified in the direction; and 7 (ii) by any means specified in the direction. 8 (5) A direction under subsection (2)(c) -- 9 (a) must specify the time at or within which the information 10 or answer must be given; and 11 (b) may direct that the information or answer -- 12 (i) be given orally or in writing; or 13 (ii) be given at, or sent or delivered to, a place 14 specified in the direction; or 15 (iii) in the case of written information or a written 16 answer, be sent or delivered by the means 17 specified in the direction; or 18 (iv) in the case of written information or a written 19 answer, be verified by statutory declaration. 20 (6) If an inspector gives a written direction to a person under 21 subsection (2), the direction must state that -- 22 (a) under this Act, the person is required to comply with the 23 direction; and 24 (b) failure to do so may constitute an offence under 25 section 116(1). 26 (7) If an inspector gives an oral direction to a person under 27 subsection (2), the inspector must inform the person that -- 28 (a) under this Act, the person is required to comply with the 29 direction; and 30 (b) failure to do so may constitute an offence under 31 section 116(1). page 82 Veterinary Practice Bill 2021 Investigation Part 8 Investigation Division 2 s. 116 1 116. Failure to comply with direction 2 (1) A person who fails to comply with a direction given to the 3 person under section 114(1)(h) or 115(2) commits an offence 4 unless -- 5 (a) the person was not informed when the direction was 6 given that a failure to comply with the direction may 7 constitute an offence under this subsection; or 8 (b) the person has a reasonable excuse for failing to comply 9 with the direction. 10 Penalty for this subsection: a fine of $5 000. 11 (2) For the purposes of subsection (1)(b), it is not a reasonable 12 excuse for a person to fail to comply with a direction under 13 section 115(2) on the ground that to do so might incriminate the 14 person or render the person liable to a penalty. 15 (3) However, any information or answer given by an individual, or 16 the fact that a document or other thing was produced by an 17 individual, in compliance with a direction given to the 18 individual under section 115(2) is not admissible in evidence 19 against the individual in any proceedings other than -- 20 (a) disciplinary proceedings taken by a regulatory authority 21 under this Act, or a corresponding law; or 22 (b) proceedings for an offence under section 193; or 23 (c) proceedings for perjury. 24 (4) This section is in addition to, and does not affect the operation 25 of, the Evidence Act 1906 section 11. 26 117. Obstruction 27 A person must not hinder or obstruct an inspector exercising a 28 power under this Division. 29 Penalty: a fine of $10 000. page 83 Veterinary Practice Bill 2021 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 2021 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 2021 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 2021 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 2021 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. page 88 Veterinary Practice Bill 2021 Notification of impairment Part 9 s. 127 1 (2) For the purposes of assessing a notification, the Board -- 2 (a) may request -- 3 (i) the notifier to give further information to the 4 Board; or 5 (ii) the veterinarian or veterinary nurse to give 6 information to the Board; 7 but 8 (b) must not -- 9 (i) request any other person to give information to 10 the Board; or 11 (ii) disclose to any other person that the notification 12 has been made. 13 (3) When assessing a notification the Board must, if the 14 veterinarian or veterinary nurse has been given notice of the 15 notification under section 125(1), take into account any written 16 response to the notification given within the period specified in 17 the notice. 18 127. Ways in which Board deals with notification 19 (1) As soon as practicable after assessing a notification, the Board 20 must deal with the notification by -- 21 (a) requiring the veterinarian or veterinary nurse to undergo 22 a health assessment; or 23 (b) deciding to take no further action in relation to the 24 notification. 25 (2) Part 10 applies in relation to a requirement under 26 subsection (1)(a) as if it were a requirement under 27 section 129(1). page 89 Veterinary Practice Bill 2021 Part 9 Notification of impairment s. 127 1 (3) The Board may decide to take no further action in relation to the 2 notification if it considers that -- 3 (a) the matter that is the basis of the notification is -- 4 (i) the basis of a previous notification that is being, 5 or has been dealt with, under this Part; or 6 (ii) a matter that is being, or has been dealt with, 7 under Part 7 in connection with a complaint; 8 or 9 (b) the notification is vexatious, trivial, unreasonable or 10 lacking in substance. page 90 Veterinary Practice Bill 2021 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 2021 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 2021 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 2021 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 2021 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 2021 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 2021 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 2021 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 2021 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 2021 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 2021 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 2021 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 2021 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 2021 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 2021 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 2021 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. page 106 Veterinary Practice Bill 2021 Veterinary Practice Board of Western Australia Part 13 Establishment of Board Division 1 s. 153 1 (3) A person is eligible to be appointed to the Board only if the 2 person's principal place of residence is in this State. 3 (4) Of the Board members -- 4 (a) 4 must be WA veterinarians who between them have the 5 experience, skills or qualifications the Minister 6 considers appropriate to effectively carry out the 7 functions of the Board under this Act; and 8 (b) 1 must be a veterinary nurse; and 9 (c) 1 must be a person who is both -- 10 (i) a WA veterinarian; and 11 (ii) an officer of the department of the Public Service 12 principally assisting in the administration of the 13 Biosecurity and Agriculture Management 14 Act 2007; 15 and 16 (d) 1 must be a person who has knowledge of and 17 experience in representing the interests of consumers; 18 and 19 (e) 1 must be a legal practitioner. 20 153. Chairperson of Board 21 The Board members must elect a Board member to be the 22 chairperson of the Board. 23 154. Deputy members 24 (1) The Minister may appoint a person as the deputy of a Board 25 member. 26 (2) Before making an appointment under subsection (1), the 27 Minister must consult the Board. 28 (3) A person appointed under subsection (1) must be eligible to be 29 appointed as the Board member for whom the person is the 30 deputy. page 107 Veterinary Practice Bill 2021 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 2021 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 2021 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 2021 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 page 111 Veterinary Practice Bill 2021 Part 13 Veterinary Practice Board of Western Australia Division 4 Accountability provisions s. 162 1 conditions of employment of persons employed under 2 subsection (1) are the terms and conditions the Board 3 determines. 4 Division 4 -- Accountability provisions 5 162. Minister may give directions to Board 6 (1) The Minister may give written directions to the Board with 7 respect to the performance of its functions, either generally or in 8 relation to a particular matter. 9 (2) However, a direction given under subsection (1) cannot be 10 about the performance of the Board's functions in respect of -- 11 (a) a particular person; or 12 (b) a particular application, complaint, investigation or 13 proceeding. 14 (3) The Board must give effect to a direction given under 15 subsection (1). 16 (4) The Minister must cause the text of a direction given under 17 subsection (1) to be laid before each House of Parliament within 18 14 sitting days after the direction is given. 19 (5) The text of a direction given under subsection (1) must be 20 included in the annual report of the Board under section 191. 21 163. Minister to have access to information 22 (1) In this section -- 23 information means information specified, or of a description 24 specified, by the Minister that relates to the functions of the 25 Board. 26 (2) The Minister is entitled -- 27 (a) to have information in the possession of the Board; and 28 (b) if the information is in or on a document, to have, and 29 make and retain copies of, that document. page 112 Veterinary Practice Bill 2021 Veterinary Practice Board of Western Australia Part 13 Constitution and procedures of 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 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. page 113 Veterinary Practice Bill 2021 Part 13 Veterinary Practice Board of Western Australia Division 5 Constitution and procedures of Board s. 165 1 (3) Subsection (2) ceases to apply if the Board member resigns or is 2 removed from office. 3 165. Vacancy in office 4 (1) In this section -- 5 misconduct includes conduct that renders a Board member unfit 6 to hold office as a Board member even though the conduct does 7 not relate to a duty of the office. 8 (2) The office of a Board member becomes vacant if the Board 9 member -- 10 (a) dies, resigns or is removed from office under this 11 section; or 12 (b) is, according to the Interpretation Act 1984 section 13D, 13 a bankrupt or a person whose affairs are under 14 insolvency laws; or 15 (c) is convicted of an offence punishable by imprisonment 16 for more than 12 months; or 17 (d) is no longer a person who is qualified under 18 section 152(4) to be a Board member; or 19 (e) has their registration cancelled or suspended or has their 20 name removed from the register by a regulatory 21 authority. 22 (3) A Board member may at any time resign from office by written 23 resignation given to the Minister. 24 (4) A Board member's resignation takes effect on the later of the 25 following -- 26 (a) the day on which the resignation is received by the 27 Minister; 28 (b) the day specified in the resignation. page 114 Veterinary Practice Bill 2021 Veterinary Practice Board of Western Australia Part 13 Constitution and procedures of Board Division 5 s. 166 1 (5) The Minister may remove a Board member from office on any 2 of the following grounds -- 3 (a) neglect of duty; 4 (b) misconduct or incompetence; 5 (c) permanent incapacity to perform the Board member's 6 duties; 7 (d) absence, without leave, from 3 consecutive meetings of 8 the Board of which the Board member has had notice. 9 166. Holding meetings 10 (1) Meetings of the Board, unless convened under subsection (2) 11 or (3), must be held at times and places determined by the 12 Board. 13 (2) A special meeting of the Board may at any time be convened 14 by -- 15 (a) the chairperson; or 16 (b) a majority of the Board members. 17 (3) The first meeting of the Board must be convened by the 18 registrar. 19 167. Meetings generally closed to public 20 (1) A meeting of the Board must be closed to members of the 21 public. 22 (2) Despite subsection (1), the Board may, on its own initiative or 23 on the application of any person, allow a meeting or part of a 24 meeting of the Board to be open to members of the public. 25 168. Quorum 26 The quorum for a meeting of the Board is 5 Board members, at 27 least 3 of whom are WA veterinarians. page 115 Veterinary Practice Bill 2021 Part 13 Veterinary Practice Board of Western Australia Division 5 Constitution and procedures of Board s. 169 1 169. Presiding at meetings 2 (1) The chairperson, if present, must preside at a meeting of the 3 Board. 4 (2) If the chairperson is not presiding under subsection (1), the 5 Board members present at the meeting must elect one of their 6 number to preside. 7 170. Procedure at meetings 8 The Board must determine its own meeting procedures to the 9 extent that they are not fixed by this Act. 10 171. Voting 11 (1) At a meeting of the Board, each Board member present has a 12 deliberative vote unless section 183(1) prevents the Board 13 member from voting. 14 (2) In the case of an equality of votes, the Board member presiding 15 has a casting vote in addition to a deliberative vote. 16 (3) A question is resolved according to how a majority of the votes 17 are cast. 18 172. Inviting consultant to participate in meeting 19 The Board may arrange for a person who is not a Board member 20 to participate in a meeting of the Board in a consultative 21 capacity, but that person is not entitled to vote at the meeting. 22 173. Holding meetings remotely 23 The presence of a person at a meeting of the Board need not be 24 by attendance in person but may be by that person and each 25 other person at the meeting being simultaneously in contact by 26 telephone or other means of instantaneous communication. page 116 Veterinary Practice Bill 2021 Veterinary Practice Board of Western Australia Part 13 Constitution and procedures of Board Division 5 s. 174 1 174. Resolution without meeting 2 A resolution in writing signed or otherwise assented to in 3 writing by at least 5 Board members, at least 3 of whom are 4 WA veterinarians, has the same effect as if it had been passed at 5 a meeting of the Board. 6 175. Minutes 7 The Board must cause accurate minutes to be kept of the 8 proceedings at each of its meetings. 9 Subdivision 2 -- Committees 10 176. Establishment of committees 11 The Board may -- 12 (a) establish committees to assist it to perform its functions; 13 and 14 (b) discharge or alter any committee it has established. 15 177. Membership of committee 16 (1) A committee -- 17 (a) must consist of at least 3 persons; and 18 (b) must include at least 1 Board member; and 19 (c) may include persons who are not Board members. 20 (2) The Board must appoint a member of a committee to be the 21 committee's chairperson. 22 178. Board may give directions to committee 23 (1) The Board may give written directions to a committee on the 24 following matters -- 25 (a) the functions to be performed by the committee; 26 (b) the procedures of the committee; page 117 Veterinary Practice Bill 2021 Part 13 Veterinary Practice Board of Western Australia Division 5 Constitution and procedures of Board s. 179 1 (c) reporting by the committee on the performance of its 2 functions. 3 (2) A committee must give effect to a direction given to it under 4 subsection (1). 5 179. Procedures and minutes 6 (1) A committee may determine its own procedures but they must 7 be consistent with any direction given to it under section 178(1) 8 and the terms of any delegation under which it is acting. 9 (2) A committee must -- 10 (a) cause accurate minutes to be kept of the proceedings at 11 each of its meetings; and 12 (b) give the Board a copy of the minutes for each of its 13 meetings. 14 180. Remuneration and allowances of committee members 15 A member of a committee is entitled to be paid any 16 remuneration and allowances that the Minister may determine 17 on the recommendation of the Public Sector Commissioner. 18 Subdivision 3 -- Disclosure of material personal interests 19 181. Term used: member 20 In this Subdivision -- 21 member means a person who is -- 22 (a) a Board member; or 23 (b) a member of a committee. 24 182. Disclosure of interests 25 (1) A member who has a material personal interest in a matter being 26 considered or about to be considered by the Board or a 27 committee must, as soon as possible after the relevant facts have page 118 Veterinary Practice Bill 2021 Veterinary Practice Board of Western Australia Part 13 Constitution and procedures of Board Division 5 s. 183 1 come to the member's knowledge, disclose the nature of the 2 interest at a meeting of the Board or committee. 3 Penalty for this subsection: a fine of $5 000. 4 (2) Subsection (1) applies to a person who is a member of a 5 committee and also a Board member even though the person has 6 already disclosed the nature of the interest at a meeting of the 7 Board. 8 (3) A disclosure under this section must be recorded in the minutes 9 of the meeting. 10 183. Voting by interested member 11 (1) A member who has a material personal interest in a matter that 12 is being considered by the Board or a committee -- 13 (a) must not vote, whether at a meeting or otherwise, on the 14 matter; and 15 (b) must not be present while the matter is being considered 16 at a meeting or when a vote is taken on the matter. 17 (2) A reference in subsection (1)(a) or (b) to a matter includes a 18 reference to a proposed resolution under section 184 in respect 19 of the matter, whether relating to that member or a different 20 member. 21 184. Section 183 may be declared inapplicable 22 Section 183 does not apply if -- 23 (a) a member has disclosed under section 182 an interest in 24 a matter; and 25 (b) the Board or committee, as the case requires, has at any 26 time passed a resolution that -- 27 (i) specifies the member, the interest and the matter; 28 and 29 (ii) states that the members voting for the resolution 30 are satisfied that the interest is so trivial or page 119 Veterinary Practice Bill 2021 Part 13 Veterinary Practice Board of Western Australia Division 5 Constitution and procedures of Board s. 185 1 insignificant as to be unlikely to influence the 2 disclosing member's conduct and should not 3 disqualify the member from considering or 4 voting on the matter. 5 185. Quorum where s. 183 applies 6 (1) Despite section 168, if a Board member is disqualified under 7 section 183(1) in relation to a matter, a quorum is present during 8 the consideration of the matter if at least 4 members, at least 2 9 of whom are WA veterinarians, who are entitled to vote on any 10 motion that may be moved at the meeting in relation to the 11 matter are present. 12 (2) If a member of a committee is disqualified under section 183(1) 13 in relation to a matter and as a result a quorum is not present 14 during the consideration of the matter, the committee cannot 15 deal with that matter. 16 (3) The Minister may deal with a matter to the extent that the Board 17 cannot deal with the matter because of subsection (1). 18 (4) The Board may deal with a matter to the extent that a committee 19 cannot deal with the matter because of subsection (2). 20 186. Minister may declare s. 183 and 185 inapplicable 21 (1) The Minister may, in writing, declare that section 183 or 185 or 22 both of them do not apply in relation to a specified matter either 23 generally or in voting on particular resolutions. 24 (2) The Minister must cause the text of a declaration made under 25 subsection (1) to be laid before each House of Parliament within 26 14 sitting days after the declaration is made. page 120 Veterinary Practice Bill 2021 Veterinary Practice Board of Western Australia Part 13 Financial and reporting provisions Division 6 s. 187 1 Division 6 -- Financial and reporting provisions 2 187. Funds of Board 3 (1) The funds available to the Board to enable it to perform its 4 functions consist of the following -- 5 (a) fees, fines, costs and other money received or recovered 6 by the Board under this Act; 7 (b) other money lawfully received by, made available to, or 8 payable to, the Board in connection with the 9 performance of its functions; 10 (c) any other money lawfully received by the Board. 11 (2) Those funds must be applied in payment of the following -- 12 (a) the remuneration and allowances of Board members and 13 members of a committee; 14 (b) the remuneration of the registrar, inspectors and other 15 persons employed or engaged by the Board; 16 (c) all other expenditure lawfully incurred by the Board in 17 the performance of its functions. 18 188. Borrowing powers 19 (1) In this section -- 20 acquire has the meaning given in section 159(1). 21 (2) The Board may borrow money to enable it -- 22 (a) to perform its functions; or 23 (b) to acquire, or improve, premises used, or to be used, by 24 it as office premises. 25 (3) Without limiting subsection (2), the Board may borrow from the 26 Treasurer any amounts the Treasurer approves on the conditions 27 relating to repayment and the payment of interest imposed by 28 the Treasurer. page 121 Veterinary Practice Bill 2021 Part 13 Veterinary Practice Board of Western Australia Division 6 Financial and reporting provisions s. 189 1 189. Accounts and records 2 (1) The Board must -- 3 (a) cause to be kept proper accounts of the financial 4 transactions and affairs of the Board; and 5 (b) cause to be kept proper records of the business of the 6 Board; and 7 (c) prepare financial statements in accordance with 8 Australian Accounting Standards. 9 (2) The financial statements must be prepared on an accrual basis 10 unless the Board determines otherwise. 11 190. Audit 12 The accounts and financial statements of the Board must be 13 audited at least once a year, at the expense of the Board, by a 14 registered company auditor as defined in the Corporations 15 Act 2001 (Commonwealth) section 9. 16 191. Annual report of Board 17 (1) The Board must prepare and submit to the Minister, not later 18 than 30 September in each year, a report for the financial year 19 ending on the preceding 30 June together with a copy of the 20 financial statements and the auditor's report. 21 (2) The report must include the following -- 22 (a) a report on the operations of the Board during the 23 financial year; 24 (b) information about -- 25 (i) how complaints made to the Board, and 26 prosecutions for offences under this Act, have 27 been dealt with during the financial year; and 28 (ii) any trends or special problems that may have 29 emerged during the financial year; and page 122 Veterinary Practice Bill 2021 Veterinary Practice Board of Western Australia Part 13 Financial and reporting provisions Division 6 s. 191 1 (iii) forecasts of the workload of the Board for the 2 next financial year; and 3 (iv) any proposals for improving the operation of the 4 Board; 5 (c) any other matters arising out of the performance of the 6 Board's functions that are, in the opinion of the Board, 7 of such significance as to require reporting. 8 (3) The Minister must cause a copy of the report to be laid before 9 each House of Parliament within 14 sitting days after the report 10 is received by the Minister. 11 (4) As soon as practicable after subsection (3) has been complied 12 with, the Board must -- 13 (a) publish a copy of the report on a website maintained by 14 the Board; and 15 (b) ensure that the report is available for inspection on 16 request at the office of the Board. page 123 Veterinary Practice Bill 2021 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 2021 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 2021 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 2021 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 2021 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 2021 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 2021 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. page 130 Veterinary Practice Bill 2021 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 2021 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 page 132 Veterinary Practice Bill 2021 Transitional and validation provisions Part 16 Transitional matters Division 2 s. 203 1 veterinary surgeon is taken to hold general registration as a 2 WA veterinarian under and subject to this Act. 3 (2) A person who, immediately before transition day, was 4 registered under section 17(2)(a) of the repealed Act as an 5 honorary veterinary surgeon is taken to hold honorary 6 registration as a WA veterinarian under and subject to this Act. 7 (3) A person who, immediately before transition day, was 8 registered under section 17(2)(a) of the repealed Act as a 9 specialist in a particular specialty is taken to hold specialist 10 registration as a WA veterinarian under and subject to this Act 11 in the corresponding specialty. 12 (4) A person to whom subsection (1), (2) or (3) applies is taken to 13 hold registration -- 14 (a) until 30 June immediately following transition day; and 15 (b) otherwise on the same terms and conditions as applied 16 immediately before transition day to the person's 17 registration under the repealed Act. 18 203. Provisional registration of veterinary surgeons 19 (1) A person who, immediately before transition day, held a 20 certificate of provisional registration as a veterinary surgeon 21 granted under section 20B(1) of the repealed Act is taken to 22 hold interim registration as a WA veterinarian under and subject 23 to this Act. 24 (2) A person to whom subsection (1) applies is taken to hold 25 interim registration -- 26 (a) until the date stated or fixed in relation to the person 27 under section 20B(2) of the repealed Act; and 28 (b) otherwise on the same terms and conditions as applied 29 immediately before transition day to the person's 30 provisional registration under the repealed Act. page 133 Veterinary Practice Bill 2021 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 2021 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. page 135 Veterinary Practice Bill 2021 Part 16 Transitional and validation provisions Division 2 Transitional matters s. 209 1 209. Certificates of registration and approval 2 (1) A certificate of registration issued under the repealed Act and in 3 effect immediately before transition day is taken to be a 4 certificate of registration as a WA veterinarian under this Act in 5 the category of general registration. 6 (2) A certificate of honorary registration issued under the repealed 7 Act and in effect immediately before transition day is taken to 8 be a certificate of registration as a WA veterinarian under this 9 Act in the category of honorary registration. 10 (3) A certificate of registration as a specialist issued under the 11 repealed Act and in effect immediately before transition day is 12 taken to be a certificate of registration as a WA veterinarian 13 under this Act in the category of specialist registration in the 14 particular specialty. 15 (4) A certificate of provisional registration issued under the 16 repealed Act and in effect immediately before transition day is 17 taken to be a certificate of interim registration as a 18 WA veterinarian under this Act. 19 (5) A certificate of approval as a veterinary nurse issued under the 20 repealed Act and in effect immediately before transition day is 21 taken to be a certificate of registration as a veterinary nurse 22 under this Act. 23 (6) A certificate of registration of a veterinary clinic or veterinary 24 hospital issued under the repealed Act and in effect immediately 25 before transition day is taken to be a certificate of registration in 26 respect of veterinary premises under this Act. 27 Subdivision 2 -- Investigations, inquiries and proceedings 28 210. Investigation and inquiries under repealed Act 29 An investigation or inquiry under the repealed Act that was 30 commenced but not completed before transition day must be page 136 Veterinary Practice Bill 2021 Transitional and validation provisions Part 16 Transitional matters Division 2 s. 211 1 continued and dealt with as if it were an investigation of, or 2 inquiry into, a complaint under this Act. 3 211. Current proceedings before Tribunal 4 Proceedings that were commenced by allegation made to the 5 Tribunal under the repealed Act but not finally determined 6 before transition day -- 7 (a) are taken to have been commenced under this Act; and 8 (b) must be dealt with under this Act. 9 Subdivision 3 -- The Board 10 212. Board a continuation of former Board 11 (1) The new Board is a continuation of, and the same legal entity 12 as, the former Board, and the assets, rights and liabilities of or in 13 relation to the former Board continue as assets, rights and 14 liabilities of the new Board. 15 (2) A reference to the former Board in a written law or other 16 document or instrument is, where the context so requires, to be 17 read as if it had been amended to be a reference to the new 18 Board. 19 213. Members of former Board go out of office 20 On transition day the members of the former Board go out of 21 office. 22 214. First appointments to new Board 23 The requirement for consultation under section 152(2)(a) does 24 not apply in relation to the first appointments to the new Board. 25 215. Staff of former Board 26 (1) The person who, immediately before transition day, held office 27 as registrar of the former Board continues in office, under and 28 subject to this Act, as registrar of the new Board. page 137 Veterinary Practice Bill 2021 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 2021 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 2021 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 2021 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 2021 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 2021 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 2021 section 3. 24 25 (6) In section 48(5) delete "veterinary surgeon" and insert: 26 27 veterinarian 28 page 142 Veterinary Practice Bill 2021 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 2021 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 2021 section 3; 26 27 (5) In section 26(3) delete "veterinary surgeon," and insert: 28 29 veterinarian, 30 page 143 Veterinary Practice Bill 2021 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 2021 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 2021. 25 page 144 Veterinary Practice Bill 2021 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 2021 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 2021 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 2021 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 2021 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 2021 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 2021. 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 2021 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 2021 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 2021 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 2021 Australia 23 page 148 Veterinary Practice Bill 2021 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 2021 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 2021 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 2021 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 2021 section 3; and 24 page 150 Veterinary Practice Bill 2021 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 2021 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 ....................................................................................... 2 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 ............................................................................................. 223(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), 223(1) transitional matter ........................................................................................ 223(1) transitional regulations ................................................................................. 223(1) transition day..................................................................................................... 201 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 2021 Defined terms WA specialty....................................................................................................... 21 WA veterinarian ....................................................................................................3
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