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Veterinary Surgeons Amendment Bill 2011
Clause Notes
Clause 1 Title
Clause 2 Commencement
This Act will commence on a day to be proclaimed.
Clause 3 Principal Act
The Veterinary Surgeons Act 1987 is the Principal Act amended by this Act.
Clause 4 Section 3 amended (Interpretation)
Amends Section 3 which provides interpretations of terminology used in the
Principal Act.
Amendments to subsection (1):
a) `animal' defined. The meaning is consistent with the definition in the
Animal Welfare Act 1993.
b) `corresponding law' is defined as a law of another State of Territory
which provides for the registration of veterinary surgeons.
c) The term `entity' replaces the term `company' in the definition of `list' to
ensure that all businesses providing veterinary services are captured by
the definition.
d) The definition of "primary registration" is no longer necessary as
recognition of national registration (registration in other States and
territories) removes the need for veterinary surgeons to hold multiple
registrations.
`partnership' is defined to have a meaning consistent with the
Partnership Act 1891, but does not include an incorporated limited
partnership.
`records' is redefined to include X-ray images, photographs and other
methods of recording and displaying images.
e) `registered veterinary specialist' and `registered veterinary surgeon'
are redefined to recognise national registration. The definitions include:
veterinary surgeons/specialists registered in Tasmania (registered
under Part IV)
veterinary surgeons/specialists who are registered in another State or
Territory and do not permanently reside in Tasmania.
The definition of `registrar' is unchanged.
`registration' is redefined to remove the terms `primary' and `secondary'
registration which are now obsolete as recognition of national registration
removes the need for veterinary surgeons to hold multiple registrations.
`relevant fee' is redefined to allow the Veterinary Board to set
registration fees rather than being prescribed by regulation.
f) The definition of "secondary registration" is no longer necessary as
recognition of national registration (registration in other States and
territories) removes the need for veterinary surgeons to hold multiple
registrations.
g) `veterinary services' is redefined to remove ambiguity and clearly
identify certain procedures which must be performed only by veterinary
surgeons. In particular, the administration of an anaesthetic to an animal
and reproductive services are specified as veterinary services. The
exclusion of prescribed services from this definition permits laypersons to
perform certain procedures which would otherwise be `vet only'
procedures.
`veterinary services company' is redefined to include incorporated
limited partnerships within the meaning of the Partnership Act 1891.
`veterinary services entity' is defined to encompass partnerships as
well as companies enabling the provisions of the Act to apply to all
businesses providing veterinary services.
`veterinary services partnership' is defined as a business partnership
providing veterinary services.
Amendments to subsection (2):
h) Paragraph (a), which specified that references to being registered and
registration include provisional registration and temporary registration,
has been amended to remove reference to temporary registration.
Temporary Tasmanian registration for veterinary surgeons registered
interstate is no longer necessary as their interstate registration will be
recognised under the amended Act.
Subsections inserted after subsection (2):
i) Paragraph 2A is inserted to specify that references to registration or
being registered in another States or Territory is taken to include
authorisation to provide veterinary services.
Paragraph 2B is inserted to specify that despite 2A, a person is not taken
to be registered if their authorisation under corresponding law is:
Temporary;
Honorary only; or
Is prescribed in the regulations
Amendment to subsection (3):
j) This provision has been expanded to specify that the Principal Act does
not permit contravention of any Act relating to `animal welfare or control
or use of chemicals, poisons or pharmaceuticals' (formerly it only referred
to Acts relating to animal cruelty).
Clause 5 Section 4 amended (Constitution of veterinary Board of Tasmania)
Subsection (4) (a) and (b) require certain members of the Board to be
registered veterinary surgeons. This amendment provides that these
members must be registered in Tasmania.
Clause 6 Section 5 amended (Functions and powers of the Board)
The Board's functions to approve qualifications, training and courses for
training for persons seeking to become registered are removed from this
section.
Clause 7 Sections 5A and 5B inserted
Section 5A relates to the approval of qualifications of persons seeking to be
registered
1) `qualification' is defined.
2) Allows the Board to approve qualifications for persons to be registered in
Tasmania.
3) The Board may only approve qualifications which are awarded to
persons on successful completion of a course of study or training in
veterinary surgery provided by a university or institution.
4) The Board's decision to approve a qualification may be based on
accreditation by the Australasian Veterinary Boards Council (AVBC) of
the institution providing the veterinary training leading to the qualification.
This recognises the AVBC's established role in accrediting veterinary
courses in Australia.
5) Prevents decisions of the Board regarding approval of qualifications
being challenged.
Section 5B
Allows the Board to set standards for veterinary practice and professional
conduct which must be observed by veterinary surgeons.
Clause 8 Section 9 substituted
Allows the registration fees paid to be used to meet the costs of the
operation of the Veterinary Board.
Clause 9 Section 10 amended (Powers of inspectors)
Amendments to section 10(2).
Amendments to subsections (b) and (c).
The purposes for which an inspector may exercise their powers are
amended to:
allow inspectors to investigate whether a veterinary surgeon is failing to
comply with veterinary service standards set by the Board under s5B.
extend the application of the investigation provision to veterinary
surgeons who have been registered within the past 3 years as well as
those currently registered. This enables investigation of veterinary
surgeons who, for example, have allowed their registration to lapse.
Amendments to subsections (h) and (i).
The powers of inspectors are amended to require persons on premises
subject to inspection to:
produce documents and records which may relate to the provision of
veterinary services
produce a certificate of registration
assist in accessing documents in electronic form
provide copies of documents (if reasonable to do so)
allow the inspector to make copies of documents
provide reasonable assistance to the inspector
These amendments allow inspectors to conduct investigations more
effectively and without unreasonable obstruction.
Clause 10 Section 11 amended (Practice by unregistered persons)
Section 11(2) specifies when unregistered persons (including lay persons)
may perform veterinary surgery or provide veterinary services.
a) Relates to the administration of an anaesthetic by a lay person under the
instruction and supervision of a veterinary surgeon. To remove
ambiguity, the term supervision has been replaced with the requirement
that the veterinary surgeon providing instruction must be in the presence
of the person administering the anaesthetic.
b) This amendment corrects a drafting error.
c) A similar amendment to (a) but relates to veterinary students acting
under instruction. Clarifies that the student must be in the presence of
the veterinary surgeon providing instruction.
Clause 11 Section 11 A inserted
11A relates to interstate registered practitioners and provides that:
1) If a vet registered interstate has had conditions or limitations imposed on
their registration, those conditions apply in Tasmania.
2) If a vet registered interstate has had their registration suspended for a
period, the suspension applies in Tasmania and they are not taken to be
registered to practice for the duration of the suspension.
Clause 12 Section 14 amended (Veterinary register)
Section 14(6) allows the Board to publish a copy of the register (a list of
veterinary surgeons registered to practice in Tasmania) in the Gazette. The
amendment ensures that it includes only those veterinary surgeons and
specialists registered in Tasmania.
Clause 13 Section 15 amended (Entitlement to registration as veterinary surgeon)
With the recognition of interstate registration it is now necessary to specify
that this section applies only to registration in Tasmania.
Amendment(s):
(a) Amends subsection (1) to read:
..a person is entitled to be registered under this Part as a veterinary
surgeon if..
This amendment clarifies that the subsection applies to entitlement to
registration in Tasmania (rather than interstate).
(b) Amends subsection (2) to read:
...a person is qualified to be registered under this Part as a veterinary
surgeon if....
Like amendment (a), it clarifies that the subsection applies to entitlement
to registration in Tasmania (rather than interstate).
(c) Amends subsection (2)(a) which specifies what training the applicant
must have undertaken in order to be registered in Tasmania. The
provision is simplified by replacing the description of study required with
reference to the new section 5A which defines approved qualifications.
This amendment also ensures consistency.
(d) Amends subsection (2)(b) which specifies that interstate registration is
sufficient to entitle an applicant to become registered in Tasmania. The
provision is simplified by substituting the new definition of `corresponding
law' in reference to interstate registered veterinary surgeons.
(e), (f) and (g) amend subsection (3) which relates to conditions under which
the Board would regard a person as not fit to practice in Tasmania:
(e) Amends subsection (3)(a) which specifies that refusal of registration
interstate would be such a condition. The provision is simplified by
substituting the defined term `corresponding law' in reference to
interstate registration.
(f) Amends subsection (3)(b) which specifies that cancellation or suspension
of registration interstate would be such a condition. The provision is
similarly simplified by using the defined term `corresponding law' in
reference to interstate registration.
(g) Amends subsection (3)(c)(iii) to include an offence under `corresponding
law' as well as the Tasmanian Act as such a condition.
Clause 14 Sections 16 and 17 substituted
Section 16 relates to entitlement to register as a veterinary specialist and
section 17 was a provision allowing temporary Tasmanian registration of
interstate registered vets for a maximum of 3 months.
Section 17 is no longer necessary as the amendments to the Tasmanian Act
recognise the interstate registration of vets not permanently residing in
Tasmania.
Section 16 is amended by substitution to:
clarify that the section applies to registration as a veterinary specialist
in Tasmania
require that the person is registered in Tasmania
change `prescribed specialty' to `approved specialty' this enables
the Board to determine what is a specialty rather than specialties
having to be prescribed in regulations.
allow the Board to rely on the opinion of the Australasian Veterinary
Board Council (AVBC) regarding the adequacy of qualifications as a
specialist. This recognises the established role of the AVBC in
accreditation.
allow the Board the accept interstate registration as a specialist as a
sufficient condition for registration as a specialist in Tasmania.
Clause 15 Section 18 amended (Application for registration)
This section relates to application for registration in Tasmania.
(a) Subsections referring to primary and secondary registration have been
removed as they are no longer necessary due to the recognition of
interstate registration.
(b) Clarifies that the section refers to registration in Tasmania.
(c) Removes a provision allowing the Board to apply conditions prescribed in
the regulations to any registration. The application of conditions to
registration is now dealt with by the new section 18A.
Clause 16 Section 18A inserted
Section 18A enables the Board to apply conditions to registration in
Tasmania.
In particular, it provides that if any of the following conditions exist, they will
be applied to the applicant's registration in Tasmania:
cancellation or suspension of interstate registration.
conditions imposed on interstate registration.
cancellation or suspension imposed by the Tasmanian Board.
conditions imposed by the Tasmanian Board.
It also provides that the Board must give notice of any conditions imposed on
registration.
Clause 17 Section 19 amended (Provisional registration)
Section 19 allows veterinary graduates to be registered before their
graduation provided that they have successfully completed their veterinary
training.
This section has been amended to:
replace the description of training and qualification required with
reference to qualifications approved under the new section 5A.
specify that the section applies to provisional registration in Tasmania.
require that the Board notifies the person provisionally registered of any
conditions on the registration.
Clause 18 Section 20 substituted
Allows delegates of the Board to temporarily register veterinary surgeons in
Tasmania until their application can be considered and ratified by the Board.
Clause 19 Section 21 substituted
The substituted provision relating to certificates of registration clarifies that it
applies to certificates for registration in Tasmania.
Clause 20 Section 22 amended (Annual registration fee)
Changes the due date for registration fees from 1 March to 1 January for
national consistency.
Clause 21 Section 23 amended (Cancellation of registration)
Clarifies that the provision applies to persons registered in Tasmania.
Clause 22 Section 23A inserted
Provides for suspension or cancellation of a person's interstate registration
to have an equivalent effect on their registration in Tasmania.
Clause 23 Part V Heading amended
This amendment is for consistency and ensures that the Part applies to all
entities providing veterinary services.
Clause 24 Part V, Division 1: Heading amended
As for Clause 23, the amendment is for consistency and to ensure that the
Division applies to all entities providing veterinary services.
Clause 25 Section 26 amended (Notification of intention to provide veterinary
services)
Amendments for consistency and to ensure that this section applies to all
entities providing veterinary services.
Clause 26 Section 29 amended (List of veterinary services entities)
Amendments ensure that this section applies to all providers of veterinary
services.
(f) ensures that the Board makes the list of veterinary service entities in
Tasmania accessible to interstate authorities responsible for corresponding
law.
Clause 27 Section 31 amended (Removal from list)
Amendments ensure that the section applies to all entities providing
veterinary services.
Clause 28 Section 33 amended (Restriction on provision of veterinary services by
veterinary entities)
It is an offence for a veterinary services company to provide veterinary
services on their behalf by anyone other than a registered vet.
The amendment:
creates an analogous offence for a veterinary services partnership
makes each partner liable for such an offence
provides a defence if the services were provided without the partner's
knowledge or consent.
The amendment ensures that the section applies to all entities providing
veterinary services.
Clause 29 Section 34 amended (Records to be kept)
This section requires veterinary service providers to keep records regarding
the services provided.
Amended to:
ensure it applies to all veterinary service providers
require that records are kept for persons provided with services in the
past as well as persons they currently provide services to
apply to veterinarians who were formerly registered but no longer are
reduce the period for which records must be kept from 7 years to 5 years
to achieve national consistency
Clause 30 Section 35 substituted
Board may require information from records kept under section 34
This substituted section has been amended to:
ensure it applies to all veterinary service providers
remove the requirement for client consent in order to provide information
to the Board relating to treatment provided.
Clause 31 Section 37 amended (Production of case histories, &c.)
This section limits the power of the Australian Securities and Investment
Commission to require information from veterinary service providers. The
amendment ensures that the section applies to all enitites providing
veterinary services.
Clause 32 Section 39 amended (Liability of registered veterinary surgeons for
veterinary services performed on behalf of veterinary services entities)
References to `veterinary services company' have been amended to ensure
that references apply to all entities providing veterinary services.
Clause 33 Section 40 amended (Offences by veterinary services entities)
Has been amended to apply to veterinary services partnerships as well as
veterinary services companies.
Clause 34 Section 41 amended (Interpretation of Part IV)
1. Recognition of national registration
Amended to apply also to interstate registered veterinary surgeons
practising in Tasmania
2. Misconduct in a professional respect
Subsection (2) lists a number of acts which constitute "misconduct in a
professional respect" in Tasmania.
The amendment adds to the list:
failure to comply with the veterinary service standards set by the
Board
failure to comply with conditions imposed on interstate registration
conviction anywhere of an offence as a veterinary surgeon or an
offence relating to the control or use of chemicals, poisons or
pharmaceuticals (previously only included animal welfare offences).
3. Business Names
(f) amends the provision relating to business names so that a veterinary
surgeon needs to notify the Board of a registered business name rather
than the Board needing to approve the business name.
4. Time limitation on complaints and investigations
Amendment (m) places a time limitation on complaints and investigations
relating to treatments provided or failure to provide treatment. Such
complaints or investigations can only be made within 3 years of
treatment ceasing or the failure to provide treatment.
Clause 35 Section 43 amended (Complaints against persons formerly registered
under this Act)
The section is amended to extend its application to veterinarians formerly
registered interstate but only for professional misconduct in Tasmania.
Clause 36 Section 44 amended (Inquiries relating to complaints)
The amendment extends the application of the section to veterinarians
practising in Tasmania who are registered or were formerly registered
interstate.
Clause 37 Section 45A inserted
Allows the Board to publish a determination made as the result of an inquiry,
together with reasons for the determination.
Clause 38 Section 46 amended (Determination of the Board)
The amendment:
specifies that misconduct in a professional respect refers to misconduct
in Tasmania
specifies that determinations to suspend registration refer to suspension
of registration in Tasmania
Allows the Board to prohibit an interstate registered vet from practising in
Tasmania for a period of time (even though it as has no jurisdiction to
suspend registration)
Ensures that the effect of a prohibition on an interstate registered vet
practising in Tasmania for a period of time has the same effect as the
suspension of Tasmanian registration with respect to other sections of
the Act.
substitutes `determination' for `order' for consistency.
Clause 39 Section 47 amended (Surrender of certificates)
The amendment specifies that the section applies to the suspension or
cancellation of registration in Tasmania
Clause 40 Section 40 amended (Informal proceedings)
Amendment accommodates recognition of national registration by
substituting the terms defined to include interstate registered vets practising
in Tasmania.
Clause 41 Section 49 amended (Disciplinary powers of Board in respect of listed
veterinary services entities)
The amendments:
accommodate recognition of national registration by using the term
`registered veterinary surgeon' which is defined to include interstate
registered vets practising in Tasmania.
Ensure that provisions applying to veterinary services companies also
apply to veterinary services partnerships.
Clause 42 Section 50 amended (Procedure on exercising disciplinary powers
under section 49)
The amendments ensure that provisions applying to veterinary services
companies also apply to veterinary services partnerships.
Clause 43 Section 53 amended (Reviews)
The amendment
removes reference to sections which have been removed by amendment
ensures that provisions applying to veterinary services companies also
apply to veterinary services partnerships.
Clause 44 Section 54A inserted
This section requires the Board share information regarding registrations and
any restrictions on registrations with interstate registering authorities as soon
as is practicable. This enables national coordination of registration and
registration information.
Clause 45 Section 55 substituted
This section (Evidentiary Certificates) provides that certificates signed by the
Registrar regarding registration status are admissible in evidence in legal
proceedings and are evidence of the matters specified in the certificate.
The amendment by substitution accommodates recognition of national
registration by ensuring that such certificates include:
certificates regarding registration of interstate veterinarians practising in
Tasmania.
certificates which prohibit an interstate vet from practicing in Tasmania
for a period.
Clause 46 Section 56 amended (Service of Documents)
Provides for the service of documents to a veterinary services partnership to
ensure that the section applies to all entities providing veterinary services.
Clause 47 Section 57 substituted
Makes fees payable to the Board rather than being paid into the
Consolidated Fund.
Clause 48 Section 59 amended (Entitlement to sue for fees)
Extends entitlement to sue for fees to veterinary services partnerships.
Clause 49 Section 60 amended (Regulations)
Removes the requirement that fees be prescribed in regulations (are now set
by Board approval).
Clause 50 Schedule 3 amended (Transitional and Savings Provisions)
These provide for the transition from the former Act to the amended Act.
Clause 51 Repeal
This Act if to be repealed 90 days after commencement as it is no longer
required once the Principal Act is amended.