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