Tasmanian Bills Clause Notes

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VETERINARY SURGEONS AMENDMENT BILL 2015 BILL 40 OF 2015

                                   CLAUSE NOTES

                    Veterinary Surgeons Amendment Bill 2015


Clause 1   Short Title
           This Act may be cited as the Veterinary Surgeons Amendment Act 2015.


Clause 2   Commencement
           This Act commences on the day on which it receives Royal Assent.


Clause 3   Principal Act
           In this Act, the Veterinary Surgeons Act 1987 is the Principal Act.


Clause 4   Section 4 amended (Constitution of Veterinary Board of Tasmania)
           The Australian Veterinary Association (Tasmanian Division) is replaced with a
           ‘body determined by the Minister’ for the purpose of nominating 3 registered
           veterinary surgeons to be appointed to the Veterinary Board of Tasmania. The
           Australian Veterinary Association (Tasmanian Division) is no longer considered
           to be representative of the majority of registered veterinary surgeons in
           Tasmania.


Clause 5   Section 5B amended (Board to declare veterinary service standards)
           A minor change to replace the undefined term ‘veterinary practitioner’ with
           ‘registered veterinary surgeon or registered veterinary specialist’ which is defined
           in the interpretations section. Provides consistency throughout the Act.


Clause 6   Section 8 amended (Protection for members of the Board, &c.)
           Inspectors of the Board are included in the protection provision of the Act.
           Protection from personal liability for acts done in good faith will support
           inspectors in the performance of their duties.


Clause 7   Section 18 amended (Application for registration)
           Gives the Board the power to impose terms and conditions on new
           registrations. This will, for example, assist new graduates or vets returning to the
           profession after an absence by allowing them to gain experience under
           supervision.




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Clause 8 Section 21A amended (Initial registration fee) The date for annual registration renewals has been moved from 1 January to 1 July. The amendment allows better management of annual financial statements and aligns Tasmania with other major states that support national recognition of veterinary registration. Clause 9 Section 22 amended (Annual registration fee) The amended provision gives the Board the power to issue a late fee in instances where annual registration fees are not paid by the due date. Previously the Board has only been able to send a reminder letter. The amendment also includes a provision for pro-rata fees to be paid by registered veterinarians for the period 1 January to 30 June 2016 to account for the adjustment of annual registration dates. Clause 10 Section 26 amended (Notification of intention to provide veterinary services) Under the amended provision sole practitioners are required to notify the Board of their intention to provide veterinary services prior to establishment. The provision already exists for companies and partnerships and enables the Board to maintain a definitive list of veterinary practices that are subject to the statutory and inspectorate functions of the Board. Clause 11 Section 41 amended (Interpretation of Part VI) The amendment clarifies that a failure to comply with any terms and conditions applied to a new registration (refer to clause 7) is misconduct in a professional respect. Clause 12 Section 48 amended (Informal proceedings) Reinstates provisions of a previous version of the Act which gives the Board the power to hear complaints made against registered veterinary surgeons or registered veterinary specialists by means of informal proceedings. The provision was omitted from the Act unintentionally when it was last amended and the Board has since experienced an unnecessary increase in workload conducting formal investigations into every complaint it receives. Additionally, it is unfair to subject the veterinarian to full and formal proceedings for a complaint of a minor or trivial nature. Clause 13 Section 54A amended (National coordination of registration and registration information) Replaces the requirement for the Board to notify other registering authorities each time it receives a complaint. It is unfair to report a complaint against a Page 2 of 3

 


 

registered veterinarian if it is unfounded or of a vexatious nature. The Board is now required to notify other registering authorities of instances where it has issued a caution. Clause 14 Section 56 amended (Service of documents) The provision is updated to include modern methods of correspondence which will improve efficiencies for the Board. Currently correspondence can only be served by registered post, which is slow in comparison to ordinary post, facsimile and email. Clause 15 Section 57 amended (Fees) Makes provision for the Board to vary or waive a relevant fee. A standard power included in many other Acts. Clause 16 Repeal of Act This Act is repealed on the three hundred and sixty fifth day from the day on which it commences. Page 3 of 3

 


 

 


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