Veterinary Surgeons Investigating Committee v Howe (No 2) [2003] NSWADT 156

CITATION: Veterinary Surgeons Investigating Committee v Howe (No 2) [2003] NSWADT 156 DIVISION: General Division APPLICANT PARTIES: Veterinary Surgeons Investigating Committee RESPONDENT Dr Peter Allan Howe FILE NUMBER: 023033 HEARING DATES: 09/12/2002 SUBMISSIONS CLOSED: 01/13/2003 DATE OF DECISION: 05/13/2003

BEFORE: Hennessy N - Magistrate (Deputy President); Thompson R - Member; Clark F - Member APPLICATION: Veterinary surgeon - misconduct or serious misconduct in a professional respect - Veterinary Surgeons Act - veterinary surgeon - misconduct or serious misconduct in a professional respect MATTER FOR DECISION: Principal matter Administrative Decisions Tribunal Act 1997 LEGISLATION CITED : Legal Profession Act 1987 Medical Practice Act 1992 Veterinary Surgeons Act 1986 Veterinary Surgeons Investigating Committee v Howe [2002] NSWADT 191 Law Society of New South Wales v Walsh (unreported, Court of Appeal, 15/12/97) McBride v Walton (unreported, Court of Appeal, 15 July 1994) Law Society of New South Wales v Bannister (1993) LPDR 24 NSW Bar Association v Evatt (1968) 117 CLR 177 CASES CITED: Clyne v New South Wales Bar Association (1960) 104 CLR 186 Health Care Complaints Commission v Litchfield (1997) 41 NSWLR 630 Moulton v Law Society of New South Wales [1981] NSWLR 736 HCCC v Litchfield CA (1997) 41 NSWLR 630 Ex parte Tziniolis (1966) 67 SR (NSW) 448 di Suvero v New South Wales Bar Association [2001] NSWADT 37 APPLICANT REPRESENTATION: M Wade, solicitor RESPONDENT A Stenmark SC, barrister ORDERS: 1.The name of Dr Peter Allan Howe be removed from the register of veterinary surgeons. Dr Howe may apply for restoration of his name to the register after two years from the date this decision comes into effect.; 2. Dr Howe to pay the VSIC's costs in a sum to be agreed between the parties. Failing agreement costs to be paid will be assessed in accordance with the provisions of Division 6 of Part 11 of the Legal Profession Act 1987.; 3. The orders made under s 75(2)(b)(i) and (ii) in relation to Dr Howe and all witnesses is revoked.; [The suppression order has now lapsed]; 4. Orders 1, 2 and 3 do not take effect until 21 days after the Registrar gives notice of the order to Dr Howe.