Lloyd -v- Veterinary Surgeons Investigating Committee (Inquiry 1: 'Chisel' - Findings) (GD) [2003] NSWADTAP 47

Appeal Panel - Internal

CITATION: Lloyd -v- Veterinary Surgeons Investigating Committee (Inquiry 1: 'Chisel' - Findings) (GD) [2003] NSWADTAP 47 APPELLANT PARTIES: Ronald George Lloyd RESPONDENT Veterinary Surgeons Investigating Committee FILE NUMBER: 039026 HEARING DATES: 28/07/2003 SUBMISSIONS CLOSED: 07/28/2003 DATE OF DECISION: 10/13/2003

Veterinary Surgeons Investigating Committee v Ronald George Lloyd (Inquiry 1: 'Chisel' – Findings) [2003] NSWADT 95 DECISION UNDER APPEAL: BEFORE: Chesterman M - ADCJ (Deputy President); Goode P - Judicial Member; Stephens T - Member CATCHWORDS: bias - defence of honest and reasonable mistake - failure to consider - denial of natural justice - failure to provide access to evidence - error as to status of evidence - effect on creditability of another witness - failure of all Tribunal Members to participate in determination - professional misconduct - charges formulated after resolution as to a prima facie case - professional misconduct - conduct constituting professional misconduct - professional misconduct - duplicity or repetition within the allegations - professional misconduct - failure to give sufficient notification of substance of allegations - professional misconduct - insufficient investigation of complaint - professional misconduct - insufficient weight given to expert evidence - professional misconduct - no committee resolution as to prima facie case - reconsitution of tribunal - failure to recall witnesses MATTER FOR DECISION: Principal matter FILE NUMBER UNDER APPEAL: 40004 of 1998 DATE OF DECISION UNDER APPEAL: 05/09/2003 Administrative Decisions Tribunal Act 1997 LEGISLATION CITED : Veterinary Surgeons Act 1986 Veterinary Surgeons Regulation 1995 Brennan v Brennan (1953) 89 CLR 129 Lloyd v Veterinary Surgeons Investigating Committee (Inquiry 4: 'Total Eclipse' – Jurisdiction) [2003] NSWADTAP 19 Veterinary Surgeons Investigating Committee v Lloyd (Inquiry 2: 'Gypsy' – Findings) [2003] NSWADT 96 CASES CITED: Veterinary Surgeons Investigating Committee v Lloyd (Inquiry 3: 'Remus' – Findings: Allegation 1(a) to (e)) [2002] NSWADT 285 Veterinary Surgeons Investigating Committee v Lloyd (Inquiry 3: 'Remus' – Findings: Allegation 2) [2003] NSWADT 136 Veterinary Surgeons Investigating Committee v Lloyd (Inquiry 4: 'Total Eclipse' – Jurisdiction) [2002] NSWADT 283 Veterinary Surgeon APPELLANT REPRESENTATION: M Tzannes, Barrister RESPONDENT L T Grey, Barrister ORDERS: 1 Appeal allowed in part; 2 Findings of misconduct in a professional respect set aside in relation to Allegation 1(a), Particulars, paragraphs 1, 2 and 3, and Allegations 1(b), 1(c) and 2; 3 Inquiry to be remitted to the Tribunal for consideration of what orders, if any, should be made under s 32(1) of the Veterinary Surgeons Act 1986 with respect to Allegation 1(a), Particulars, paragraph 4, and Allegation 1(e).