Veterinary Practice Act 2021 (WA)

Western Australia Veterinary Practice Act 2021 Western Australia Veterinary Practice Act 2021 Contents Part 1 — Preliminary 1. Short title 2 2. Commencement 2 3. Terms used 2 4. Act binds Crown 8 Part 2 — Registration of veterinarians and veterinary nurses Division 1 — Applications for registration 5. Application for registration 9 6. Application for renewal of registration 9 7. Board's powers in relation to application 10 8. Refusal of application 11 9. Non‑standard application 11 Division 2 — Requirements for registration 10. General registration as WA veterinarian 12 11. Specialist registration as WA veterinarian 12 12. Honorary registration as WA veterinarian 13 13. Limited registration as WA veterinarian 13 14. Registration as veterinary nurse 15 Division 3 — Grant or renewal of registration 15. Grant of registration 15 16. Interim registration 15 17. Renewal of registration 16 18. Fit and proper person 17 19. Duration of registration 18 20. Registration of WA veterinarians affected by decisions of interstate regulatory authorities 18 Division 4 — Interstate veterinarians 21. Term used: interstate registration 19 22. Registration as interstate veterinarian 19 23. Registration of interstate veterinarians affected by decisions of interstate regulatory authorities 20 Division 5 — Conditions on registration 24. Conditions generally 21 25. Conditions imposed by Board 21 26. Modification or removal of conditions by Board 22 27. Condition of limited registration 23 Division 6 — Cancellation or suspension of registration 28. Cancellation of registration generally 24 29. Cancellation of registration by Board 24 30. Suspension of registration 25 Division 7 — Show cause process and notice of decisions 31. Show cause process for proposed decision 25 32. Notice of decision on registration or renewal of registration 26 33. Notice of decision to impose, modify or remove condition 27 34. Notice of decision to cancel registration 27 Part 3 — Registration of veterinary premises Division 1 — Applications for registration 35. Application for registration 29 36. Application for renewal of registration 29 37. Board's powers in relation to application 30 38. Refusal of application 31 Division 2 — Requirements for registration 39. Requirements for registration of premises 31 Division 3 — Grant or renewal of registration 40. Grant of registration 32 41. Interim registration 32 42. Renewal of registration 33 43. Duration of registration 34 Division 4 — Conditions on registration 44. Conditions generally 34 45. Conditions imposed by Board 35 46. Modification or removal of conditions by Board 36 Division 5 — Cancellation of registration 47. Cancellation of registration by Board 36 Division 6 — Show cause process and notice of decisions 48. Show cause process for proposed decision 37 49. Notice of decision on registration or renewal of registration 38 50. Notice of decision to impose, modify or remove condition 39 51. Notice of decision to cancel registration 39 Part 4 — The register 52. Register to be kept 40 53. Information to be recorded in register 40 54. Information about interstate veterinarians 42 55. Inspection of, and obtaining information from, register 42 Part 5 — Offences Division 1 — Practice of veterinary medicine 56. Carrying out acts of veterinary medicine 44 57. Employing or engaging persons to carry out acts of veterinary medicine 45 58. Undue influence 47 Division 2 — Conditions of registration or authorisation 59. Contravention of conditions 48 Division 3 — Carrying on a veterinary practice business 60. Veterinary practice businesses to be carried on at or from veterinary premises 48 Division 4 — False representations and use of words and abbreviations 61. False representations about being veterinarian 49 62. False representations about being veterinary specialist 50 63. False representations about being veterinary nurse 51 64. False representations about being authorised person 52 65. Use of certain words and abbreviations 53 Division 5 — Notice requirements 66. Notice about events relevant to person's registration 55 67. Notice about changes of ownership of veterinary practice business 56 68. Notice about change of veterinary supervisor 57 69. Requirements for notice under this Division 57 Part 6 — Immediate action orders 70. Board may make immediate action order 58 71. Show cause process for proposed order 58 72. Notice of immediate action order 59 73. Duration of immediate action order 59 74. Board to take other necessary or appropriate action 60 75. Variation or revocation of immediate action order 60 Part 7 — Complaints and discipline Division 1 — When this Part applies 76. Application of Part 61 77. Application to conduct of veterinarians 61 Division 2 — Key concepts 78. Unprofessional conduct 62 79. Professional misconduct 63 80. Conduct capable of constituting unprofessional conduct or professional misconduct 63 Division 3 — Complaints 81. Making complaint 64 82. Time for complaint 65 83. Respondent to be notified about complaint 65 84. Board may deal with matter as complaint 66 Division 4 — Assessment of complaints 85. Board to assess complaint 67 86. Ways in which Board deals with complaint 67 87. Dismissing complaint 68 Division 5 — Unprofessional conduct Subdivision 1 — Inquiries 88. Inquiry into complaint of unprofessional conduct 69 89. Hearings 69 90. Parties to inquiry 70 91. Evidence and witnesses 70 92. Representation at inquiry 70 93. Evidence and findings in other proceedings 70 94. Inquiry powers 71 95. Failure to comply with direction 72 96. Protection for compliance with direction 73 97. Disruption of inquiry 73 98. Immunity for person performing inquiry functions 74 Subdivision 2 — Dealing with complaint after inquiry 99. Board to decide how to deal with complaint 74 100. Orders following finding by Board 74 Division 6 — State Administrative Tribunal 101. Powers of Tribunal to deal with complaint 75 102. Orders following finding by Tribunal 75 103. Interlocutory or interim orders 76 104. Board to give effect to orders of Tribunal 77 Division 7 — Other matters 105. Examples of conditions 77 106. Records of action taken by Board 78 107. Order to pay costs and expenses of investigation or inquiry 78 108. Notice of decisions or orders under this Part 79 Part 8 — Investigation Division 1 — Inspectors 109. Designation of inspectors 80 110. Identity card 80 111. Production or display of identity card 80 Division 2 — Investigation 112. Direction to conduct investigation 81 113. Entry powers 81 114. Powers after entering premises 82 115. Powers to obtain information 83 116. Failure to comply with direction 85 117. Obstruction 86 118. Assistance to person entering premises 86 Division 3 — Entry warrants 119. Application for entry warrant 86 120. Issue of entry warrant 87 121. Duration of entry warrant 87 122. Effect of entry warrant 87 123. Execution of entry warrant 88 Part 9 — Notification of impairment 124. Notification 89 125. Board to give notice of notification 89 126. Board to assess notification 90 127. Ways in which Board deals with notification 91 Part 10 — Health assessments 128. Terms used 93 129. Health assessments 93 130. Show cause process for proposed requirement 94 131. Appointment of assessor 94 132. Report on health assessment 94 133. Copy of report and additional information to be given to veterinary practitioner 95 134. Decision by Board 96 135. Fees of assessor 96 Part 11 — Recording, disclosure or use of information 136. Term used: disclose 98 137. Confidentiality 98 138. Authorised recording, disclosure or use of information 98 139. Disclosure of information by Board to interstate regulatory authority 99 Part 12 — Legal proceedings Division 1 — General provisions about legal proceedings 140. Commencing legal proceedings 101 141. Time limit for commencing prosecutions 101 142. Liability of officers for offence by body corporate 102 144. Act does not affect legal professional privilege 102 145. Recovery of amounts due 102 Division 2 — Evidence in legal proceedings 146. Certain matters taken to be proved 103 147. Evidence of certain matters may be stated in certificate 104 148. Evidence Act 1906 not affected 105 Division 3 — Additional orders 149. Court may make additional orders 105 Division 4 — Review by State Administrative Tribunal 150. Review of certain decisions 106 Part 13 — Veterinary Practice Board of Western Australia Division 1 — Establishment of Board 151. Board established 107 152. Membership of Board 107 153. Chairperson of Board 108 154. Deputy members 109 155. Remuneration and allowances of Board members 110 156. Leave of absence 110 157. Execution of documents by Board 110 Division 2 — Functions, powers and delegation 158. Functions of Board 111 159. Powers of Board 111 160. Delegation by Board 112 Division 3 — Staff 161. Registrar and other staff 113 Division 4 — Accountability provisions 162. Minister may give directions to Board 113 163. Minister to have access to information 114 Division 5 — Constitution and procedures of Board Subdivision 1 — General provisions 164. Term of office 115 165. Vacancy in office 115 166. Minister may fill vacancy in office of elected member in certain circumstances 116 167. Holding meetings 117 168. Meetings generally closed to public 117 169. Quorum 118 170. Presiding at meetings 118 171. Procedure at meetings 118 172. Voting 118 173. Inviting consultant to participate in meeting 118 174. Holding meetings remotely 118 175. Resolution without meeting 119 176. Minutes 119 Subdivision 2 — Committees 177. Establishment of committees 119 178. Membership of committee 119 179. Board may give directions to committee 119 180. Procedures and minutes 120 181. Remuneration and allowances of committee members 120 Subdivision 3 — Disclosure of material personal interests 182. Term used: member 120 183. Disclosure of interests 120 184. Voting by interested member 121 185. Section 184 may be declared inapplicable 121 186. Quorum where s. 184 applies 122 187. Minister may declare s. 184 and 186 inapplicable 122 Division 6 — Financial and reporting provisions 188. Funds of Board 123 189. Borrowing powers 123 190. Accounts and records 124 191. Audit 124 192. Annual report of Board 124 Part 14 — Miscellaneous 193. Arrangements between Board and interstate regulatory authorities 126 194. False or misleading information 126 195. Protection from liability for persons performing functions 127 196. Protection from liability for complainants, notifiers and other persons 127 197. Regulations 128 198. Codes of practice 130 199. Breach of code of practice 131 200. Review of Act 132 Part 15 — Repeals 201. Written laws repealed 133 Part 16 — Transitional and validation provisions Division 1 — Preliminary 202. Terms used 134 Division 2 — Transitional matters Subdivision 1 — Registration, approvals and authorisations 203. Registration of veterinary surgeons and specialists 134 204. Provisional registration of veterinary surgeons 135 205. Registration of bodies corporate ceases 136 206. Veterinary clinics and veterinary hospitals 136 207. Approved veterinary nurses 136 208. Authorised persons 137 209. Applications for registration or approval 137 210. Certificates of registration and approval 138 Subdivision 2 — Investigations, inquiries and proceedings 211. Investigation and inquiries under repealed Act 138 212. Current proceedings before Tribunal 139 Subdivision 3 — The Board 213. Board a continuation of former Board 139 214. Members of former Board go out of office 139 215. Initial membership of new Board 139 216. Staff of former Board 140 217. Current proceedings involving former Board 141 218. Completion of things commenced 141 219. Continuing effect of things done 141 220. First annual report of Board 142 Subdivision 4 — Miscellaneous matters 221. Register 142 222. Certain references to this Act include repealed Act 142 223. Interpretation Act 1984 not affected 142 224. Transitional regulations 143 Division 3 — Validation 225. Validation provision 144 Part 17 — Other Acts amended 226. Animal Welfare Act 2002 amended 145 227. Biosecurity and Agriculture Management Act 2007 amended 146 228. Cat Act 2011 amended 147 229. Constitution Acts Amendment Act 1899 amended 147 230. Dog Act 1976 amended 148 231. Exotic Diseases of Animals Act 1993 amended 149 232. Medicines and Poisons Act 2014 amended 150 233. Oaths, Affidavits and Statutory Declarations Act 2005 amended 151 234. Retail Trading Hours Act 1987 amended 151 235. Sentencing Act 1995 amended 151 236. State Administrative Tribunal Act 2004 amended 152 237. Veterinary Chemical Control and Animal Feeding Stuffs Act 1976 amended 152 Notes Compilation table 154 Defined terms Western Australia Veterinary Practice Act 2021 An Act — * to provide for the regulation of the practice of veterinary medicine in Western Australia; and * to facilitate the regulation of the practice of veterinary medicine on a national basis; and * to repeal the Veterinary Surgeons Act 1960 and the Veterinary Surgeons Regulations 1979; and * to make consequential amendments to various Acts; and * for related purposes.