Gallagher v Veterinary Practitioners Board of New South Wales [2014] NSWCATOD 132

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Gallagher v Veterinary Practitioners Board of New South Wales [2014] NSWCATOD 132 Hearing dates: 28 March 2014 Decision date: 13 November 2014 Jurisdiction: Occupational Division Before: S Higgins, Principal Member Dr T Carter, Senior Member F Clark, General Member Decision: The decision of the respondent is set aside. Catchwords: PROFESSIONAL DISCIPLINE - registered employed veterinary practitioner - complaint that the applicant allegedly failed to appropriately diagnose and treat the complainants' dog - respondent found the applicant's alleged failure was a breach of clause 4, 5 and 8 of the Veterinary Practitioners Code of Professional Conduct - respondent made a finding of unsatisfactory professional conduct and issued a caution

ADMINISTRATIVE REVIEW - whether decision of the respondent was the correct and preferred decision - application of the regulations to the meaning of unsatisfactory professional conduct and professional misconduct - whether breaches of clause 4, 5 and 8 of the Veterinary Practitioners Code of Professional Conduct constitute unsatisfactory professional conduct - unintentional breach of clause 8 of the Veterinary Practitioners Code of Professional Conduct - no finding of professional misconduct or unsatisfactory professional conduct Legislation Cited: Administrative Decisions Review Act 1997 Administrative Decisions tribunal Act 1997 Civil and Administrative Tribunal Act 2013 Veterinary Practice Act 2003 Veterinary Practice Regulation 2006 Category: Principal judgment Parties: Dr Julia Gallagher (Applicant) Veterinary Practitioners Board of New South Wales (Respondent) Representation: Ebsworth Lawyers (Respondent) File Number(s): 133273