Veterinary Surgeons Investigating Committee v Williamson (No.2) [2005] NSWADT 112

CITATION: Veterinary Surgeons Investigating Committee v Williamson (No.2) [2005] NSWADT 112 DIVISION: General Division APPLICANT PARTIES: Veterinary Surgeons Investigating Committee RESPONDENT Henry Mervyn Graham Williamson FILE NUMBER: 043212 HEARING DATES: 01/12/2004 SUBMISSIONS CLOSED: 03/11/2005 DATE OF DECISION: 05/20/2005

BEFORE: O'Connor K - DCJ (President); Carter T - Non Judicial Member; Mayo-Ramsay R - Non Judicial Member APPLICATION: MATTER FOR DECISION: Principal matter Administrative Decisions Tribunal Act 1997 Drugs, Poisons and Controlled Substances Regulations 1995 (Vic) Legal Profession Act 1987 LEGISLATION CITED : Poisons and Therapeutic Goods Act 1996 Poisons and Therapeutic Goods Regulation 1994 Veterinary Practice Act 1997 (Vic) Veterinary Surgeons Act 1986 Veterinary Surgeons Regulation 1995 Buttsworth v Walton (unreported, Court of Appeal, 19 December 1991) Childs v Walton (Court of Appeal, 13 November 1990, unreported) Clyne v NSW Bar Association (1960) 104 CLR 186 Gelderman v Veterinary Surgeons Investigating Committee [2001] NSWADTAP 27 CASES CITED: Health Care Complaints Commission v Litchfield (1997) 41 NSWLR 630 Law Society of NSW v Foreman (1994) 34 NSWLR 408 Law Society of NSW v Walsh (Court of Appeal, 15 December 1997, unreported) NSW Bar Association v Evatt (1986) 117 CLR 177 Veterinary Surgeons Investigating Committee -v- Lloyd (Inquiry 3: 'Remus' - Findings: Allegations 1 (a) to (e)) [2002] NSWADT 285 Veterinary Surgeons Investigating Committee -v- Williamson [2004] NSWADT 215 APPLICANT REPRESENTATION: M Wade, solicitor RESPONDENT V Bedrossian, counsel ORDERS: 1. The respondent is guilty of misconduct in a professional respect in relation to the conduct the subject of Allegations 1.1, 1.2, 2.1 and 2.2 of the amended complaint; 2. Pursuant to s 32 of the Veterinary Surgeons Act 1986, the Tribunal makes the following orders: (a) an order reprimanding the respondent; (b) an order imposing the condition on the registration of the respondent that he submit at his own expense to an audit of his prescribing practices (including the labelling of substances) by a registered veterinary surgeon appointed by the Veterinary Surgeons Board, the terms under which the audit is conducted being as specified at paragraph [101] of the Tribunal's reasons for decision; and (c) an order requiring him to pay within 14 days of the date of these orders the applicant's costs of these proceedings as agreed; and failing agreement, as assessed in accordance with Part 11 of the Legal Profession Act 1987.