Veterinary Services Act 2023 (SA)

South Australia Veterinary Services Act 2023 An Act to support animal health, safety and welfare and the public interest by providing for the registration of veterinarians and premises at which veterinary services are provided, to regulate the provision of veterinary services for the purposes of maintaining high standards of competence and conduct by veterinarians, to recognise the registration of veterinarians in certain jurisdictions, to make related amendments to various Acts, to repeal the Veterinary Practice Act 2003 and for other purposes.

Contents Part 1—Preliminary 1 Short title 2 Commencement 3 Interpretation 4 Application of Act Part 2—Veterinary Services Regulatory Board of South Australia Division 1—Veterinary Services Regulatory Board of South Australia 5 Continuation of Board 6 Composition of Board 7 Terms and conditions of membership 8 Direction if Board fails to carry out functions 9 Removal of all members of Board 10 Vacancies or defects in appointment of members 11 Remuneration 12 Governance training 13 Publication of appointments 14 Functions 15 Reporting on exercise of functions 16 Committees 17 Delegations 18 Procedures 19 Staff and resources 20 Application of Public Sector (Honesty and Accountability) Act 21 Power to require medical examination or report 22 Accounts and audit 23 Annual report Division 2—Executive Officer 24 Executive Officer 25 Functions 26 Delegations Part 3—Registration of veterinarians Division 1—Registers 27 Registers Division 2—Primary registration 28 Registration on general or specialist register 29 Veterinarian to inform Board of changes to certain information 30 Removal from register 31 Reinstatement on register 32 Fees and returns Division 3—Deemed registration 33 Recognition of veterinarians registered in other jurisdictions 34 Contravention of conditions of deemed registration 35 Veterinarian with deemed registration to inform Board of contact details etc Division 4—Registration in participating jurisdictions 36 Registration to be subject to conditions 37 Suspension or cancellation of registration or disqualification Division 5—Suspension or variation of registration in urgent circumstances 38 Suspension or variation of registration where veterinarian charged with certain offences or unacceptable risk to animals Part 4—Registration of premises at which veterinary services are provided 39 Registers 40 Veterinary premises standard 41 Responsible person in respect of registered premises 42 Registration by Board of premises as registered premises 43 Suspension or cancellation of registration 44 Removal from register 45 Reinstatement on register 46 Fees 47 Contravention of conditions of registration 48 Requirement to inform Board of changes Part 5—Veterinary practice Division 1—Veterinary practice 49 Veterinary services to be provided by veterinarians 50 Veterinary services must be provided at registered premises 51 Offence to carry on certain businesses other than at registered premises 52 Veterinarian to hold certain insurance Division 2—Improperly influencing veterinarians etc 53 Application of Division 54 Undue influence 55 Improper directions etc to veterinarian Division 3—Other offences relating to veterinary practice etc 56 Offence to give, offer or accept benefit for recommendation or prescription 57 Illegal holding out as veterinarian or specialist 58 Illegal holding out concerning limitations or conditions 59 Illegal holding out concerning registered premises 60 Use of certain titles or descriptions prohibited Part 6—Medical fitness to provide veterinary services 61 Medical fitness to provide veterinary services 62 Duty to report medical unfitness of veterinarian 63 Medical fitness of veterinarian 64 Proceedings before Board under Part Part 7—Complaints, investigations and proceedings Division 1—Preliminary 65 Interpretation 66 Proper cause for disciplinary action Division 2—Complaints 67 Board to establish processes for complaints 68 Making complaint about veterinarian etc 69 Assessment of complaints 70 Dismissal of certain complaints 71 Decision to take no further action Division 3—Certain complaints may be resolved by Board 72 Application etc of Division 73 Complaints that may be dealt with under Division 74 Dealing with matters by way of Board resolution 75 Duty of Executive Officer with respect to conflict of interest 76 Monitoring of Board resolutions Division 4—Investigations 77 Investigation of complaints Division 5—Disciplinary action before Tribunal 78 Hearing by Tribunal as to matters constituting grounds for disciplinary action 79 Constitution of Tribunal 80 Punishment of conduct that constitutes offence 81 No internal review by Tribunal of decision under Division etc Part 8—Inspectors 82 Guidelines 83 Inspectors 84 Functions of inspectors 85 Powers of inspectors 86 Offence to hinder etc inspector Part 9—Review of certain decisions by Tribunal 87 Review of certain decisions by Tribunal 88 Variation or revocation of conditions imposed by Tribunal Part 10—Miscellaneous 89 Exemptions 90 Contact details to be provided to Chief Executive 91 False or misleading statement 92 Procurement of registration by fraud 93 Self‑incrimination and legal professional privilege 94 Confidentiality 95 Victimisation 96 Arrangements between Board and interstate registration authorities 97 Notification of disciplinary action to interstate registration authorities 98 Evidentiary provision 99 Regulations and fee notices Schedule 1—Related amendments, repeals and transitional provisions Part 1—Amendment of Agricultural and Veterinary Products (Control of Use) Act 2002 1 Amendment of section 3—Interpretation 2 Amendment of section 11—Supply of prescribed substances prepared by veterinary surgeon 3 Amendment of section 14—Treatment of trade species animals in unauthorised manner 4 Amendment of section 16—Responsibilities of veterinary surgeon in relation to withholding periods Part 2—Amendment of Animal Welfare Act 1985 5 Amendment of section 3—Interpretation 6 Amendment of section 14A—Possession of certain items prohibited 7 Amendment of section 23—Establishment of animal ethics committees by licensee 8 Amendment of section 34B—Power of veterinary surgeons to destroy animals Part 3—Amendment of Controlled Substances Act 1984 9 Amendment of section 4—Interpretation 10 Amendment of section 13—Manufacture and packing 11 Amendment of section 15—Sale or supply to end user 12 Amendment of section 17B—Storage and sale of certain precursors 13 Amendment of section 17C—Regulation of sale of certain precursors 14 Amendment of section 18—Regulation of prescription drugs 15 Amendment of section 18A—Restriction of prescription or supply of drug of dependence in certain circumstances 16 Amendment of section 31—Application of Part 17 Amendment of section 52—Power to search, seize etc 18 Amendment of section 58—Publication of information 19 Amendment of section 60—Minister may require certain information to be given Part 4—Amendment of Dog and Cat Management Act 1995 20 Amendment of section 4—Interpretation 21 Amendment of section 45A—Miscellaneous duties relating to dogs 22 Amendment of section 62—Destruction or disposal of seized dog 23 Amendment of section 63—Power to destroy cats 24 Amendment of section 64—Power to seize and detain cats 25 Amendment of section 64D—Notification to owner of dog or cat destroyed etc under Part Part 5—Amendment of Health Care Act 2008 26 Amendment of section 31—General powers of incorporated hospital Part 6—Amendment of Health Practitioner Regulation National Law (South Australia) Act 2010 27 Amendment of section 26—Interpretation Part 7—Amendment of Livestock Act 1997 28 Amendment of section 3—Interpretation—general 29 Amendment of section 19—Requirement for registration to perform artificial breeding procedure 30 Amendment of section 27—Requirement to report notifiable conditions 31 Amendment of section 49—Claims for compensation from Fund 32 Amendment of section 68—General powers of inspectors Part 8—Repeal of Veterinary Practice Act 2003 33 Repeal of Act Part 9—Transitional provisions 34 Continuation of Board membership 35 Chair of Board 36 Deputy of member 37 Total consecutive terms of office 38 Governance training 39 Codes, standards and guidelines 40 References to Veterinary Surgeons Board of South Australia etc 41 Delegations 42 Executive Officer 43 Continuation of registers 44 Continuation of registration 45 Applications 46 Exemptions 47 Registration of premises Legislative history