Veterinary Practice Act 2003
New South WalesVeterinary Practice Act 2003 No 87Status informationCurrency of versionHistorical version for 11 January 2013 to 31 December 2013 (generated 15 January 2014 at 13:50).Legislation on the NSW legislation website is usually updated within 3 working days.Provisions in forceAll the provisions displayed in this version of the legislation have commenced. For commencement andother details see the Historical notes.Does not include amendments by:Civil and Administrative Legislation (Repeal and Amendment) Act 2013 No 95 (not commenced — tocommence on 1.1.2014)Statute Law (Miscellaneous Provisions) Act (No 2) 2013 No 111 (not commenced — to commence on3.1.2014)This version of the legislation is compiled and maintained in a database of legislation by the Parliamentary Counsel’s Office and publishedon the NSW legislation website.
New South WalesVeterinary Practice Act 2003 No 87ContentsPagePart 1Preliminary123456Part 2222233Restricted acts of veterinary science78Part 3Name of ActCommencementObject of ActDefinitionsNotesMutual recognition lawsRestricted acts of veterinary scienceEstablishment of advisory committee44Practice of veterinary science910111213Offence for unregistered person to do restricted acts of veterinary science 5Unregistered person may not recover fees or charges for doing restricted actsof veterinary science5Offence relating to representation of unqualified person to be veterinarypractitioner5Offence to falsely represent person as holder of veterinary qualifications 6Offence to practise as specialist unless registered as specialist6Historical version for 11.1.2013 to 31.12.2013 (generated on 15.01.2014 at 13:50)
Veterinary Practice Act 2003 No 87 [NSW]ContentsPage141516Part 4Offence of representing certain corporations and firms to be veterinarypracticesProhibition against directing or inciting misconductSigning certificatesRegistration of veterinary practitionersDivision 1171819202122232425333414Review of registration decisionsTribunal may review certain registration decisions16Recognition of interstate veterinary practitioners34A34B34C34D34E34FPart 51213131414Returns and informationAnnual return to be submittedDivision 61111Register of veterinary practitionersRegister of veterinary practitionersGeneral provisions relating to RegisterAnnual registration feesChange of particulars to be notifiedEvidentiary certificatesDivision 51010101111Cancellation and suspension of registrationCancellation and suspension of registrationRemoval of person’s name from RegisterDivision 42829303132Qualifications for registrationQualifications for full registrationQualifications for honorary registrationQualifications for limited registrationQualifications for provisional registrationQualifications for specialist registrationDivision 32627Registration proceduresApplication to registration of Licensing and Registration (Uniform Procedures)Act 20028Refusal of registration8Conditions of registration9Duration of registration10Division 2Part 4A677DefinitionsRecognition of veterinary practitioners registered in other jurisdictionsApplication of Act to veterinary practitioners with deemed registrationConditions or limitations of deemed registrationSuspension and cancellation of deemed registrationArrangements between the Board and interstate registration authorities171717171818Complaints and disciplinary proceedingsDivision 135InterpretationDefinitionsPage 2Historical version for 11.1.2013 to 31.12.2013 (generated on 15.01.2014 at 13:50)19
Veterinary Practice Act 2003 No 87 [NSW]ContentsPage3637Application of PartVeterinary practitioners code of professional conductDivision y of confidentiality of client communications28Statement of reasons of Tribunal need not contain confidential information28Confidentiality of health reports about veterinary practitioners29Division 6Part 62727272728Confidentiality issuesDivision 557 4252626Applications to Tribunal for disciplinary findingsBoard may apply to Tribunal for disciplinary findingTribunal’s powers when complaint proved(Repealed)Restoration of registrationRecording of proceedings and orders of Tribunal, Board and committeesDivision 4555656AComplaintsPersons who may make complaintsTime limit for making complaintsWithdrawal of complaintForm of complaintProtection of complainants and other personsBoard to notify person against whom complaint is madeBoard to investigate complaintsProceedings before Board in respect of complaintsPower to summon witnesses and take evidenceProtection from incriminationPowers of Board in investigation in respect of veterinary practitionersBoard may require practitioner to undergo examinationPower to dismiss certain complaintsDecision after investigation of complaintPerson may apply to Tribunal for a review of disciplinary finding of BoardDelegation of Board’s functions under this Part to committeeDivision 3202029Notification and publication of disciplinary actionDefinitionsNotification of disciplinary action to interstate registration authoritiesPublicising disciplinary actionRegister of disciplinary actionQuashing of disciplinary actionLiability for publicising disciplinary actionGeneral30303030313131Veterinary hospitalsDivision 1646566Offences relating to veterinary hospitalsMeaning of “major surgery”Premises required to be licensed as a veterinary hospitalUnlicensed premises not to be represented as veterinary hospitalPage 3Historical version for 11.1.2013 to 31.12.2013 (generated on 15.01.2014 at 13:50)333333
Veterinary Practice Act 2003 No 87 [NSW]ContentsPage6768Requirement to have qualified superintendentRequirement to display informationDivision 269707172737475Part 737373737383838Board to establish and maintain account at financial institutionInvestment of moneyFinancial year of BoardConsultation on feesWaiver, reduction or refund of fees by BoardRecovery of fees and finesReviews of revenue strategies40404040404040Appointment of inspectorsPower of entry and examination4141Appeals against decisions of Tribunal91A91B91C91D91E91F91G91H91IPart 10Constitution of BoardMembership of BoardPresident of the BoardFunctions of BoardStaff of the BoardCommitteesDelegation of functionsPowers of inspectors9091Part 9AApplication to licensing of Licensing and Registration (Uniform Procedures)Act 200234Refusal of licence34Conditions of licences35Duration of licence35Annual licence fee35Suspension or cancellation of licence35Reviews by the Tribunal36Finance83848586878889Part 9Licensing proceduresVeterinary Practitioners Board76777879808182Part 83434DefinitionsApplication of Administrative Decisions Tribunal Act 1997Right to appeal to Supreme Court against review decision of TribunalRight to appeal to Supreme Court against original decision of TribunalAppeals against interlocutory decisionsAppeals on questions of lawAppeals on the meritsAppeal does not stay decision appealed againstProcedure on appeal424242424242434343Miscellaneous9293Annual meeting of veterinary professionApplication of Criminal Records Act 1991Page 4Historical version for 11.1.2013 to 31.12.2013 (generated on 15.01.2014 at 13:50)4444
Veterinary Practice Act 2003 No 87 107Schedule 1Schedule 2Schedule 3Schedule 4How notice is to be givenService of documents on BoardLiability of members and othersWritten statement of decisionsAuthentication of certain documentsLiability of directors etc for offences by corporation—accessory to thecommission of the offencesProceedings for offencesPenalty noticesRegulationsAct to bind CrownRepeal of Veterinary Surgeons Act 1986 No 55 and related regulation(Repealed)Savings, transitional and other provisionsReview of ActUnrestricted acts of veterinary scienceProvisions relating to the members and procedure of the Board(Repealed)Savings, transitional and other e of amending instrumentsTable of amendments5859NotesPage 5Historical version for 11.1.2013 to 31.12.2013 (generated on 15.01.2014 at 13:50)
New South WalesVeterinary Practice Act 2003 No 87An Act relating to the practice of veterinary science, to repeal the Veterinary Surgeons Act 1986;and for other purposes.Historical version for 11.1.2013 to 31.12.2013 (generated on 15.01.2014 at 13:50)
Veterinary Practice Act 2003 No 87 [NSW]Part 1 PreliminaryPart 11PreliminaryName of ActThis Act is the Veterinary Practice Act 2003.23Commencement(1)Subject to subsection (2), this Act commences on a day or days to be appointed byproclamation.(2)A day may not be appointed under subsection (1) that commences section 14 (5) (a)earlier than 12 months after the date of assent to this Act.Object of ActThe object of this Act is to regulate the provision of veterinary services for thefollowing purposes:(a) to promote the welfare of animals,(b) to ensure that consumers of veterinary services are well informed as to thecompetencies required of veterinary practitioners,(c) to ensure that acceptable standards are required to be met by veterinarypractitioners so as to meet the public interest and national and internationaltrade requirements,(d) to provide public health protection.4Definitions(1)In this Act:advisory committee means the advisory committee established under Part 2.approved fee means the fee determined by the Board and approved by the Minister.Board means the Veterinary Practitioners Board constituted under section 76.committee means a committee established under section 81.exercise a function includes perform a duty.firm means a partnership or other unincorporated association of persons.full registration means registration granted in accordance with section 21.function includes power, duty and authority.health practitioner means a person registered in a health profession under the HealthPractitioner Regulation National Law.honorary registration means registration granted in accordance with section 22.inspector means a person appointed for the time being as an inspector under section90.limited registration means registration granted in accordance with section 23.major surgery has the meaning given by section 64.premises includes land.provisional registration means registration granted in accordance with section 24.Register means the Register required to be kept under section 28.registered means registered as a veterinary practitioner under this Act.Registrar means Registrar of the Board.registration means registration as a veterinary practitioner under this Act.restricted act of veterinary science has the meaning given by section 7.specialist registration means registration granted in accordance with section 25.Page 2Historical version for 11.1.2013 to 31.12.2013 (generated on 15.01.2014 at 13:50)
Veterinary Practice Act 2003 No 87 [NSW]Part 1 PreliminaryTribunal means the Administrative Decisions Tribunal established by theAdministrative Decisions Tribunal Act 1997.veterinary hospital means premises the subject of a veterinary hospital licence.veterinary hospital licence means a licence granted under Part 6 that is in force.veterinary practice means a business that provides veterinary services.veterinary practitioner means a person who is registered under this Act as aveterinary practitioner.veterinary science includes any branch of the science or art of veterinary medicineor of veterinary surgery and, without limiting the generality of the foregoing,includes the following:(a) the examination of or attendance on any animal for the purpose of diagnosingthe physiological or pathological condition of the animal,(b) the giving of any anaesthetic to, or the performance of any operation on, anyanimal,(c) without limiting the generality of paragraph (a), the diagnosing of pregnancyin an animal,(d) without limiting the generality of paragraph (b):(i) the carrying out of any artificial breeding procedure involving surgery,and(ii) the de-antlering of deer,(e) the doing of any act that is prescribed by the regulations as forming part of thepractice of veterinary science.5(2)For the purposes of this Act, a person has, or persons have, a controlling interest ina corporation or firm if the person has, or persons have, the capacity to determine theoutcome of decisions about the financial and operating policies of the corporation orfirm.(3)For the purposes of this Act, a person is considered to suffer from an impairment ifthe person suffers from any physical or mental impairment, disability, condition ordisorder which detrimentally affects or is likely to detrimentally affect the person’sphysical or mental capacity to practise veterinary science. Habitual drunkenness oraddiction to a deleterious drug is considered to be a physical or mental disorder.NotesNotes included in this Act do not form part of this Act.6Mutual recognition lawsThis Act does not limit or otherwise affect the operation of:(a) the Mutual Recognition Act 1992 of the Commonwealth, or(b) the Trans-Tasman Mutual Recognition Act 1997 of the Commonwealth.Page 3Historical version for 11.1.2013 to 31.12.2013 (generated on 15.01.2014 at 13:50)
Veterinary Practice Act 2003 No 87 [NSW]Part 2 Restricted acts of veterinary sciencePart 27Restricted acts of veterinary scienceRestricted acts of veterinary science(1)A restricted act of veterinary science is an act of veterinary science declared by theregulations to be a restricted act of veterinary science for the purposes of this Act.Note. Section 9 makes it an offence for a person to do a restricted act of veterinary scienceexcept in certain circumstances. Section 10 provides that a person other than a veterinarypractitioner is not entitled to recover fees or charges for doing a restricted act of veterinaryscience except in certain circumstances.8(2)Before a Minister recommends to the Governor the making of a regulation thatincludes a declaration referred to in subsection (1), the Minister is to seek the adviceof the advisory committee on the proposed regulation.(3)The advisory committee may make a recommendation to the Minister that an act ofveterinary science should be declared to be a restricted act of veterinary science.(4)The advisory committee is not to make a recommendation to declare an act ofveterinary science to be a restricted act of veterinary science unless the advisorycommittee considers that if such an act were performed on an animal by a personother than a veterinary practitioner it would be likely:(a) to cause unacceptable levels of harm or suffering to the animal, or(b) to affect human health adversely, or(c) to affect domestic or international trade adversely.(5)The advisory committee may include in a recommendation circumstances in whicha person other than a veterinary practitioner should be allowed to do the act ofveterinary science concerned.(6)The Minister is to consider any recommendation of the advisory committee madeunder this section.(7)A regulation may not be made declaring an act of veterinary science specified inSchedule 1 as a restricted act of veterinary science.Establishment of advisory committee(1)The Minister is to establish an advisory committee to consider and makerecommendations on what acts of veterinary science should be declared by theregulations to be restricted acts of veterinary science.(2)The advisory committee is to consist of such members as the Minister appoints fromtime to time.(3)The Minister may appoint a presiding member of the advisory committee.(4)A member of the advisory committee holds office for such term as is specified in themember’s instrument of appointment unless the member’s appointment is soonerrevoked by the Minister.(5)The procedure of the advisory committee, and the remuneration (if any) of themembers, is to be as determined by the Minister.(6)The remuneration (if any) of members of the advisory committee and any expensesof the advisory committee are to be paid by the Board.Page 4Historical version for 11.1.2013 to 31.12.2013 (generated on 15.01.2014 at 13:50)
Veterinary Practice Act 2003 No 87 [NSW]Part 3 Practice of veterinary sciencePart 3910Practice of veterinary scienceOffence for unregistered person to do restricted acts of veterinary science(1)A person must not do any restricted act of veterinary science unless the person is aveterinary practitioner.Maximum penalty: 50 penalty units or imprisonment for 12 months, or both.(2)Despite subsection (1), a person other than a veterinary practitioner may, in respectof an animal, do any restricted act of veterinary science if:(a) the person is the owner of the animal, or(b) the person is an employee of the owner of the animal and the act is doneincidentally to the primary duties of that employment, or(c) the person is a student enrolled in a course of study referred to in section 21(1) (a) and is doing the restricted act of veterinary science concerned as part ofthe requirements of that course under the direct supervision of a veterinarypractitioner, or(d) the doing of the act is necessary because the animal is in urgent need ofveterinary treatment and a veterinary practitioner is not available, or(e) the person belongs to a class of persons, or is doing the act of veterinaryscience in the circumstances, prescribed by the regulations for the purposes ofthis paragraph.Unregistered person may not recover fees or charges for doing restricted acts ofveterinary scienceA person is not entitled to recover any fee or charge for doing any restricted act ofveterinary science unless the person is a veterinary practitioner, the holder of aveterinary hospital licence or is referred to in section 14 (5).11Offence relating to representation of unqualified person to be veterinary practitioner(1)An individual must not represent himself or herself to be a veterinary practitioner andmust not allow himself or herself to be represented to be a veterinary practitionerunless he or she is a veterinary practitioner.Maximum penalty: 50 penalty units or imprisonment for 12 months, or both.(2)A person must not represent an individual to be a veterinary practitioner if the personknows, or ought reasonably to know, that the individual is not a veterinarypractitioner.Maximum penalty: 50 penalty units or imprisonment for 12 months, or both.(3)Without limiting the ways in which an individual can be considered to be representedto be a veterinary practitioner, a representation using any of the following titles,names or descriptions constitutes such a representation:(a) the title or description “veterinary surgeon”, “veterinary practice”,“veterinary”, “vet” or “animal doctor”, or any abbreviation or derivative ofthose words, either alone or in connection with any other title or description,(b) another title, name or description that indicates, or is capable of beingunderstood to indicate, or is calculated to lead a person to infer, that the personis a veterinary practitioner or is entitled to be registered as a veterinarypractitioner,(c) any title, name or description prescribed by the regulations.(4)This section does not prohibit the use of the term “veterinary”:Page 5Historical version for 11.1.2013 to 31.12.2013 (generated on 15.01.2014 at 13:50)
Veterinary Practice Act 2003 No 87 [NSW]Part 3 Practice of veterinary science(a)(b)(c)(d)12by a person for the purpose only of indicating that the person or another personcarries on the business of supplying goods or materials used in connectionwith veterinary science, orin relation to a government department, public or local authority or statutorycorporation, orby a person who or body which, because of section 14 (5), is using the termwithout contravening that section, orby the holder of a veterinary hospital licence in relation to the premises thesubject of the licence.Offence to falsely represent person as holder of veterinary qualificationsA person must not represent himself or herself to be the holder of any qualificationthat would entitle the person to be gr
veterinary practice means a business that provides veterinary services. veterinary practitioner means a person who is registered under this Act as a veterinary practitioner. veterinary science includes any branch of the science or art of veterinary medicine or of veterinary surge
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