Spate v Veterinary Practitioners Board of NSW [2017] NSWCATOD 139

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Spate v Veterinary Practitioners Board of NSW [2017] NSWCATOD 139 Hearing dates: 14 September 2017 Date of orders: 29 September 2017 Decision date: 29 September 2017 Jurisdiction: Occupational Division Before: R C Titterton, Principal Member Dr T Carter, General Member M Bolt, General Member Decision: (1) The decision of the respondent of 18 April 2017 is affirmed. Catchwords: Application for administrative review of a decision of the Veterinary Practitioners Board of New South Wales – Principles to be applied - the Tribunal is to decide what the correct and preferable decision is having regard to the material before it, including any relevant factual material and any applicable written or unwritten law. Statement of reasons prepared pursuant to s 49 of the Administrative Decisions Review Act 1997 (NSW) – whether a document prepared for the purpose of the proceedings and not at the request of the aggrieved person and claimed to be a statement of reasons prepared pursuant to s 49 of the Administrative Decisions Review Act 1997 is in fact such a statement. Legislation Cited: Administrative Decisions Review Act 1997 (NSW) Civil and Administrative Tribunal Act 2013 (NSW) Health Professionals Act 2004 (ACT) Health Professionals Regulation 2004 (ACT) Veterinary Practice Act 2003 (NSW) Cases Cited: Veterinary Practitioners Board of New South Wales v Gallagher; Veterinary Practitioners Board of New South Wales v Gallagher [2015] NSWSC 1233 Shi v Migration Agents Registration Authority (2008) 235 CLR 286 Category: Principal judgment Parties: Dr Janet Spate (Applicant) Veterinary Practitioners Board of New South Wales (Respondent) Representation: Counsel: Mr Roberts (Applicant) Ms Climo (Respondent) File Number(s): 2017/00163773