Lloyd -v- Veterinary Surgeons Investigating Committee (Inquiry 2: 'Gypsy' - Findings) (GD) [2003] NSWADTAP 48

Appeal Panel - Internal

CITATION: Lloyd -v- Veterinary Surgeons Investigating Committee (Inquiry 2: 'Gypsy' - Findings) (GD) [2003] NSWADTAP 48 APPELLANT PARTIES: Ronald George Lloyd RESPONDENT Veterinary Surgeons Investigating Committee FILE NUMBER: 039028 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 2: 'Gypsy' – Findings) [2003] NSWADT 96 DECISION UNDER APPEAL: BEFORE: Chesterman M - ADCJ (Deputy President); Goode P - Judicial Member; Stephens T - Member CATCHWORDS: bias - 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 - 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 - statutory interpretation MATTER FOR DECISION: Principal matter FILE NUMBER UNDER APPEAL: 40005 of 1998 DATE OF DECISION UNDER APPEAL: 05/09/2003 Administrative Decisions Tribunal Act 1997 Poisons Act 1966 LEGISLATION CITED : Poisons and Therapeutic Goods Regulation 1994 Veterinary Surgeons Act 1986 Veterinary Surgeons Regulation 1995 Lloyd v Veterinary Surgeons Investigating Committee (Inquiry 4: 'Total Eclipse' – Jurisdiction) [2003] NSWADTAP 19 Marten v Royal College of Veterinary Surgeons' Disciplinary Committee [1966] 1 QB 1 Veterinary Surgeons Investigating Committee v Lloyd (Inquiry 1: 'Chisel' – Findings) [2003] NSWADT 95 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 Surgeons Investigating Committee v Lloyd (Inquiry 4: 'Total Eclipse' – Findings) [2002] NSWADT 284 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 Allegations 1(j), 1(m), 1(n), 1(o), 2(a), 2(b), 2(c), 3 and 4; 3 Finding of misconduct in a professional respect varied in relation to Allegations 1(l) ; 4 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 Allegations 1(a), 1(b), 1(c), 1(d), 1(e), 1(f), 1(g), 1(h), 1(i), 1(k) and (as varied) 1(l).