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House of Assembly - Fifty-Second Parliament, Second Session (52-2)
2013-10-31 Daily Xml
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VETERINARY PRACTICE (MISCELLANEOUS) AMENDMENT BILL

Second Reading

The Hon. T.R. KENYON (Newland—Minister for Manufacturing, Innovation and Trade, Minister for Small Business) (17:209): I move:

That this bill be now read a second time.

I seek leave to have the second reading explanation inserted in Hansard without my reading it.

Leave granted.

This Amendment Bill is about improving the current operation of the Veterinary Practice Act 2003 and principally to introduce National Recognition of Veterinary Registration (NRVR).

The proposed amendments to introduce NRVR will complement similar amendments already made or in the process of being made in all other jurisdictions, following endorsement of NRVR by the Primary Industries Ministerial Council in 2008. This will allow veterinarians, both general and specialist, who are resident in other jurisdictions and who are registered to practice there, to also practice in South Australia. Until now, a veterinarian wishing to practice in more than one jurisdiction has to register and pay fees annually in each jurisdiction in which they desired to work.

The mechanism for achieving NRVR is 'deemed' registration, where general and specialist veterinary registrants are 'deemed' to be registered in all jurisdictions when registered in any one State or Territory. This must be the State or Territory where the veterinarian resides.

NRVR is strongly supported by the veterinary profession nationally and by the Veterinary Surgeons Board of South Australia and the Australasian Veterinary Boards Council. NRVR is also supported by consumers of veterinary services, including the livestock industries.

Most of the changes to the Act are to implement NRVR in administrative areas, which are the responsibility of the board and the Registrar, including the veterinary registers, applications for registration and removal from and reinstatement to the register. The amendments also make it clear that the Board may only suspend a person pending the outcome of disciplinary proceedings if there is a serious risk to the health and safety of the public or the health and welfare of animals.

Some more modest changes, not directly related to NRVR, have been included in the Amendment Bill. The principal change is to allow the Veterinary Surgeons Board of South Australia to recognise courses or veterinary education on the recommendation of the Australasian Veterinary Boards Council Incorporated (AVBC). The previous Act required the Board to independently approve such courses of education, which is an unnecessary burden, given that a principal function of the AVBC is to approve courses of education in veterinary science in Australia and New Zealand, on behalf of all relevant veterinary boards.

It will be the responsibility of the Veterinary Surgeons Board of South Australia, as well as the corresponding boards in all other Australian jurisdictions, to assist veterinarians and their clients become aware of the new arrangement of national recognition of veterinary registration. The veterinary boards will be required to ensure that any restrictions, variations or limitations that they may individually apply to the registration of veterinarians are communicated to all other veterinary boards, so that users of veterinary services can be assured that veterinarians they use are appropriately controlled.

This Bill will significantly reduce the regulatory burden on veterinary surgeons who work in multiple Australian jurisdictions. This will also improve client access to veterinary services across Australia, especially in regional areas. I expect that all Members will favourably consider supporting these amendments.

Finally, the Bill provides for an additional member of the Veterinary Surgeons Board of South Australia, to be nominated by the Council of the University of Adelaide, to be a veterinary surgeon engaged in teaching veterinary science. This reflects the importance of the University's new School of Animal and Veterinary Sciences in training new veterinarians to the highest level of professionalism. The South Australian Government contributed $5 million to assist with the establishment of the Veterinary School at the University of Adelaide, increasing its potential value to the State. The University commits a substantial part of its curriculum to developing in veterinary students the attributes which are of critical relevance to the responsibilities of the Veterinary Surgeons Board. This additional board position should therefore enhance its effectiveness and operations.

Explanation of Clauses

Part 1—Preliminary

1—Short title

This clause is formal.

2—Commencement

The measure will be brought into operation by proclamation.

3—Amendment provisions

This clause is formal.

Part 2—Amendment of Veterinary Practice Act 2003

4—Amendment of long title

This is a consequential amendment to the long title of the Act.

5—Amendment of section 3—Interpretation

It is necessary to include some new definitions in connection with the amendments that are to be made to the Act to provide for deemed registration.

6—Amendment of section 6—Composition of Board

The membership of the Veterinary Surgeons Board of South Australia is to be increased by 1 person to 8 members. The additional member will be a veterinary surgeon engaged in teaching veterinary science nominated by the Council of the University of Adelaide.

7—Amendment of section 13—Functions

The Board will now adopt a function of 'recognising' courses of education or training in veterinary science rather than 'approving' such courses and, in so doing, may act on the recommendation of the Australian Veterinary Boards Council Incorporated.

8—Repeal of section 14

This is a consequential amendment.

9—Amendment of section 17—Procedures

This is a consequential amendment.

10—Substitution of sections 26 and 27

As part of the scheme for deemed registration under the Act in relation to veterinary surgeons registered under a corresponding law, it is intended to establish a register where decisions of the Board in relation to such registration will be recorded.

11—Amendment of section 28—General and specialist registers

12—Amendment of section 29—Register of persons removed from general or specialist register

These are consequential amendments.

13—Insertion of section 29A

New section 29A will set out the matters that must be included on the register relating to the decisions of the Board that apply in relation to deemed registration under the Act.

14—Heading to Part 3 Division 2

This is a consequential amendment.

15—Amendment of section 32—Registration of natural persons on general or specialist register

It will be a requirement for registration under the Act that the person's principal place of residence is in the State. A person who is to provide veterinary services on a visit to the State (not being a person with deemed registration) may apply to the Board for limited registration under the Act.

16—Amendment of section 33—Application for registration

The Act is to be amended so that the Board will have the ability to refuse an application for registration until any complaint against the applicant being dealt with under a corresponding law has been finally determined.

17—Amendment of section 34—Removal from register or specialty

A new provision will allow the Registrar to suspend the registration of a person under the Act if the Board has determined that a suspension should occur pending the outcome of any disciplinary proceedings under Part 5 of the Act. Another provision will allow the Board to determine that a person's registration should occur in another jurisdiction by virtue of the fact that his or her principal place of residence is in that other jurisdiction.

18—Amendment of section 35—Reinstatement on register or in specialty

19—Amendment of section 36—Fees and returns

20—Amendment of section 37—Variation or revocation of conditions of registration

21—Amendment of section 38—Contravention of conditions of registration

These are consequential amendments.

22—Insertion of Part 3 Divisions 3, 4 and 5

This clause sets out the scheme for deemed registration under the Act where a person's principal place of residence is located in a 'participating jurisdiction' and the person is registered under the corresponding law of that jurisdiction.

23—Amendment of section 40—Illegal holding out as veterinary surgeon or specialist

24—Amendment of section 41—Illegal holding out concerning limitations or conditions

25—Amendment of section 42—Use of certain titles or descriptions prohibited

26—Amendment of section 43—Board's approval required where veterinary surgeon has not practised for 3 years

27—Amendment of section 60—Medical fitness of veterinary surgeon

28—Amendment of section 61—Cause for disciplinary action

These are consequential amendments.

29—Amendment of section 62—Inquiries by Board as to matters constituting grounds for disciplinary action

A number of these provisions relate to other amendments to be made by this measure. New subsections will also set out the power of the Board to determine that the registration of a person should be suspended pending the outcome of disciplinary proceedings if the Board considers that there is a serious risk to the health and safety of the public, or a serious risk that the health and welfare of animals will be endangered.

30—Amendment of section 66—Right of appeal to District Court

This clause is consequential.

31—Amendment of section 74—Confidentiality

This amendment will facilitate the provision of information in connection with the establishment and administration of a national database of veterinary surgeons.

32—Insertion of sections 75 and 75A

It is possible that a national database for veterinary surgeons, and for purposes associated with the recognition of people engaged in veterinary practice or treatment in other jurisdictions, is to be established. Furthermore, in connection with the scheme that is to be established, the Board will be required to notify each interstate registration authority of any disciplinary action taken against a veterinary surgeon under the Act, or of any other action of a prescribed kind.

33—Amendment of section 76—Evidentiary provision

These are consequential amendments.

34—Amendment of section 79—Regulations

In view of the arrangements that are to be introduced under this measure, it may be necessary or expedient to make regulations about the keeping of records or other information about veterinary practice, and to provide for the provision of prescribed categories of information to the Board.

Debate adjourned on motion of Ms Chapman.

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