Polglaze v Veterinary Practitioners Board of NSW [2008] NSWADT 228

CITATION: Polglaze v Veterinary Practitioners Board of NSW [2008] NSWADT 228 This decision has been amended. Please see the end of the decision for a list of the amendments.

DIVISION: General Division

APPLICANT Dr K Polglaze PARTIES: RESPONDENT Veterinary Practitioners Board of NSW

FILE NUMBER: 083157

HEARING DATES: 21 July 2008

SUBMISSIONS CLOSED: 21 July 2008

DATE OF DECISION: 15 August 2008

BEFORE: Hennessy N - Magistrate (Deputy President); Carter TL - Non Judicial Member; Clark F - Non Judicial Member

Administrative Decisions Tribunal Act 1997 LEGISLATION CITED : Veterinary Practice Regulation 2006 Veterinary Practice Act 2003

CASES CITED: McDonald v Director General of Social Security [1984] FCA 57; (1984) 1 FCR 354

APPLICANT A Bowen, barrister REPRESENTATION: RESPONDENT B McIntyre, solicitor

1. The decision of the Veterinary Practitioners Board that Dr Polglaze is guilty of unsatisfactory professional conduct is set aside in relation to the allegation that he did not, prior to 12 September 2007, provide Miss Burn with an estimate of costs 2. The decision of the Veterinary Practitioners Board that Dr Polglaze is guilty of unsatisfactory professional conduct is affirmed in relation to the allegation that he did not advise Miss Burn during the course of the procedure on 12 September 2007 that he would be charging an additional amount ORDERS: 3. Dr Polglaze is cautioned 4. Dr Polglaze is fined the sum of $200 5. Dr Polglaze is ordered to pay the costs of the Veterinary Practitioners Board investigation in the sum of $400 6. Dr Polglaze is ordered to pay the costs of the Veterinary Practitioners Board of these proceedings.