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Legislative Council - Fifty-Fifth Parliament, First Session (55-1)
2023-07-06 Daily Xml
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Bills

Veterinary Services Bill

Introduction and First Reading

The Hon. C.M. SCRIVEN (Minister for Primary Industries and Regional Development, Minister for Forest Industries) (16:39): Obtained leave and introduced a bill for an act to support animal health, safety and welfare and the public interest by providing for the registration of veterinarians and premises at which veterinary services are provided, to regulate the provision of veterinary services for the purposes of maintaining high standards of competence and conduct by veterinarians, to recognise the registration of veterinarians in certain jurisdictions, to make related amendments to various acts, to repeal the Veterinary Practice Act 2003 and for other purposes. Read a first time.

Second Reading

The Hon. C.M. SCRIVEN (Minister for Primary Industries and Regional Development, Minister for Forest Industries) (16:41): I move:

That this bill be now read a second time.

I am very pleased to introduce the Veterinary Services Bill 2023. Veterinarians play a key role in animal, human and community wellbeing by maintaining the health and welfare of our pets and the productivity and growth of our livestock industries. Australia has one of the highest proportions of pet ownership in the world. As such, veterinary services contribute significantly to the nation's economy. In 2022, Australian households are estimated to have spent over $33 billion on their pets, with veterinary services representing about 14 per cent of this expenditure or $4.7 billion to the economy.

Veterinarians also support the livestock industries, which were worth a combined $5.3 billion in revenue to the South Australian economy in 2022. Veterinarians provide our livestock industries with advice and investigate, prevent, control and treat disease. Importantly, they are crucial in detecting diseases and responding to emergency animal disease incursions, with these activities both supporting and protecting valuable domestic and export markets.

Commensurate with the growing demand for veterinary services, the number of veterinarians in South Australia has been steadily increasing in recent years, with an increase from 761 in 2017 to 877 at 30 June 2021. Currently, veterinary practice and the veterinary profession in South Australia are regulated via the Veterinary Practice Act 2003 and the Veterinary Practice Regulations 2017. The veterinary profession and animal care industry have evolved significantly since 2003, when the current legislative framework first came into effect. Significant changes to the industry have occurred in practice models and location, employment type, species serviced and specialties offered.

The role of the Veterinary Surgeons Board of South Australia, the body responsible for regulating the veterinary profession in this state, has also changed during this time, most notably with the responsibility for hearing and determining alleged unprofessional conduct by veterinarians transferring to the South Australian Civil and Administrative Tribunal in 2020.

The new Veterinary Services Bill 2023 seeks to address these changes and ensure veterinary practice regulation in the state is flexible and aligns with both the contemporary nature of the profession and the standards expected by users and providers of veterinary services. Feedback from a 2020 review of the current Veterinary Practice Act 2003 showed that stakeholders overwhelmingly supported reform of the legislative framework supporting veterinary practice in South Australia.

The raft of potential legislative changes that were identified through public consultation, and the broader review process, meant it would be more effective to propose new legislation as opposed to amending the current act. As such, the new Veterinary Services Bill will address stakeholder feedback by updating the state's veterinary legislation to fulfil the objectives of supporting animal health, safety and welfare, and the public interest.

A key change is that the bill proposes a variation to the definition of veterinary treatment. Veterinary treatment will become 'veterinary services', and the definition will be updated for clarity and to more accurately reflect veterinary services delivered by the veterinary profession in 2023.

Another feature of the bill that aims to improve the regulation of the veterinary profession in South Australia relates to changes to the state's Veterinary Surgeons Board. The Veterinary Surgeons Board of South Australia will become the Veterinary Services Regulatory Board of South Australia and will be modernised and transformed to better serve the needs of both veterinary users and providers.

Board composition will be modified to ensure membership includes the sufficient and appropriate breadth of skills, knowledge and experience to fulfil board responsibilities. The collective membership of the board aims to cover the diversity that exists within the profession in regard to employment type, location and other demographic factors. The number of members will increase from eight to nine, with the addition of one veterinarian member. The chair will be a veterinarian with management or governance skills, knowledge and experience, unless another member is considered more appropriate to be appointed as chair.

As supported by consultation feedback from 2020, board functions will be expanded under the proposed legislation to include additional responsibilities relating to communication, information and advice. Transparency surrounding administrative processes will be supported, along with conferring and collaborating with other veterinary regulatory authorities to ensure effective national exchange of information and promote uniformity and consistency in the regulation of veterinarians in Australia.

The bill includes provisions that enable the minister to provide directions to the board. These powers are included to ensure that public interest matters are dealt with appropriately. Details of the direction given, and action taken by the board in response, are required to be included in the board's annual report and laid before parliament. The bill will provide for requirements for board members to complete training related to corporate governance to support them in effectively carrying out board functions.

The board will also be required to regularly provide the contact details of veterinarians registered under the act to the government for the purposes of enabling timely communication in a number of defined circumstances. This will ensure the government has an avenue to communicate with the state's veterinarians in the case of an emergency, such as a bushfire or an emergency animal disease event, and will contribute to the overall aim of increased communication that the bill brings.

Adequate availability of veterinarians, particularly in regional areas, is essential for animal health, safety and welfare, the public interest, and the productivity and growth of livestock industries. Where possible within its scope, the bill proposes to introduce changes that are intended to support and encourage veterinarians to practise in, or return to practising in, our state.

To provide veterinarians returning from a period away from practice with a transparent, clear, and predetermined pathway that ensures appropriate recent experience, knowledge and competence are considered prior to returning to practice, the bill will introduce a requirement for the board to publish requirements relating to transition to practice and clarify that a non-practising veterinarian wishing to return to practice must comply with any requirements of the board relating to that transition.

Additional scope has been provided for the board to control the categories of registration offered by clarifying that registrations need not be tied to the calendar year or require payment of an annual fee. While scope has been provided and may enable consideration of a non-practising or part-time category of registration, these matters are ultimately for the board to consider.

A provision has been added to clarify that, in addition to other criteria, a person is eligible to be registered as a veterinarian on completion of relevant academic requirements but prior to degree conferral. This will ensure that graduates will be available to enter the workforce upon completion of the academic requirements of their degree if recognised by the university as having done so.

Limited registration provisions have been expanded to enable a person who, in the opinion of the board, has appropriate qualifications or experience in a particular area of veterinary practice obtained in an overseas jurisdiction to provide veterinary services or engage in other conduct as a veterinarian while residing in or visiting the state. Related provisions have also been expanded to enable the board to impose a condition limiting the kind of animal in relation to which the person may provide veterinary services as a veterinarian.

The new bill also provides for the registration of all veterinary premises, including clinics, practices, hospitals, emergency and specialist centres. This is a key change to the current legislation, which requires only the accreditation of veterinary hospitals. This change will enable the board to set minimum standards for veterinary premises, to ensure all premises that provide veterinary services are fit for their intended purposes and are appropriately regulated. Compliance with minimum requirements for veterinary premises will be supported by new offence provisions and the ability to inspect premises. Careful consideration has been given to the growing mobile and telehealth veterinary services sector to enable these important services to continue.

Another major change in the bill is the increased transparency it offers veterinarians and consumers regarding the handling of complaints concerning the conduct of registered veterinarians. The provisions for handling complaints in the bill largely reflect current processes. However, the bill includes additional options for the board to appropriately resolve matters that are of a less serious nature, where formal disciplinary proceedings are unnecessary. Such matters may be addressed through education and training, with a goal of improving the future conduct of the veterinarian concerned.

The bill enables the option for the board, should both parties agree and it is appropriate to do so, to provide conciliation between the complainant and the veterinarian. The board will also have the ability to accept an undertaking made by a veterinarian, have powers to issue a reprimand, provide the veterinarian with counselling, require them to complete specified remedial training or education to address any shortfalls, or impose conditions on their registration. These avenues are seen as more appropriate to reduce the impact on all parties involved and will support the timely and efficient resolution of complaints.

The bill retains the ability for the board to refer complaints that are of a more serious nature to the South Australian Civil and Administrative Tribunal (SACAT). Veterinarians will continue to be able to seek a review of a board decision from the tribunal. The bill, however, removes the ability for an aggrieved person to lodge a complaint directly to the tribunal. This supports the board being the appropriate entry point for lodging complaints and will ensure that each complaint has been subject to an assessment to determine that there is proper basis for referring the matter to the tribunal. These changes also reflect that disciplinary proceedings are brought in the public interest and are not strictly inter partes proceedings.

Finally, the bill will remove unnecessary offence provisions, instead enabling requirements pertaining to professional conduct to be set out in professional codes, standards and guidelines, where relevant. This will ensure a contemporary and flexible approach to regulation that can accommodate future changes to the profession. Essential provisions from the current legislation, such as a number of important offence provisions, key board functions, the majority of provisions relating to veterinary registration, and the recognition of interstate veterinarian registration, are retained in the bill. I commend the Veterinary Services Bill 2023 to the council and look forward to further debate. I also seek leave to table the explanation of clauses and have it inserted in Hansard without my reading it.

Leave granted.

Explanation of Clauses

Part 1—Preliminary

1—Short title

This clause is formal.

2—Commencement

Commencement of the measure is by proclamation. Section 27(6) of the Legislation Interpretation Act 2021 is disapplied.

3—Interpretation

This clause defines terms and phrases used in the measure.

4—Application of Act

This clause clarifies that the measure does not derogate from other Acts or laws.

Part 2—Veterinary Services Regulatory Board of South Australia

Division 1—Veterinary Services Regulatory Board of South Australia

5—Continuation of Board

This clause provides for the continuation of the Veterinary Surgeons Board of South Australia as the Veterinary Services Regulatory Board of South Australia as a body corporate with perpetual succession, a common seal, the capacity to litigate in its corporate name and all the powers of an individual capable of being exercised by a body corporate.

It also provides that the Board is subject to the direction and control of the Minister and limits the directions that the Minister may give.

6—Composition of Board

This clause provides for the Board to consist of 9 members appointed by the Governor on the recommendation of the Minister and empowers the Governor to appoint deputy members. It provides that 6 members must be veterinarians and sets out the skills, knowledge and experience that those members must possess. It also requires the Chair of the Board to be a veterinarian with management or governance skills, knowledge and experience unless another member is appropriate.

7—Terms and conditions of membership

This clause provides for members of the Board to be appointed for a term not exceeding 3 years and to be eligible for re-appointment on expiry of a term of appointment provided that the member does not hold office for consecutive terms that exceed 9 years in total.

It sets out the circumstances in which a member's office becomes vacant and in which the Governor is empowered to remove a member from office. It also allows members whose terms have expired to continue to act as members to hear part-heard medical fitness proceedings.

8—Direction if Board fails to carry out functions

This clause allows the Minister to direct the Board to carry out its functions if of the opinion that the Board has failed to do so satisfactorily. The Minister must give the Board reasonable time to comply with the direction and must table the direction in Parliament.

9—Removal of all members of Board

This clause allows the Minister to recommend to the Governor that all members of the Board be removed from office if the Minister is of the opinion that the Board has failed to comply with a direction to carry out its functions. The Governor may subsequently remove all members from office by notice in the Gazette. It also sets out the provisions that apply if all members of the Board are removed.

10—Vacancies or defects in appointment of members

This clause ensures acts and proceedings of the Board are not invalid by reason only of a vacancy in its membership or a defect in the appointment of a member.

11—Remuneration

This clause entitles a member of the Board to remuneration, allowances and expenses determined by the Governor.

12—Governance training

This clause requires a member of the Board to complete training related to corporate governance in accordance with any requirements in the regulations.

13—Publication of appointments

This clause requires the Board to publish and maintain a list of current members of the Board on a website.

14—Functions

This clause sets out the functions of the Board and requires the Board to exercise its functions with the object of supporting animal health, safety and welfare and the public interest by achieving and maintaining high professional standards of competence and conduct in the provision of veterinary services in South Australia.

It also sets out the requirements for preparing, endorsing, varying, substituting and revoking a code, standard or guidelines under the measure.

It further requires the Board to provide the Minister with such information, records and other documents relating to the functions or operations of the Board as the Minister may require.

15—Reporting on exercise of functions

This clause allows the Minister to request, and requires the Board to provide, a written report about the exercise of the Board's functions generally or in relation to a specified matter.

16—Committees

This clause empowers the Board to establish committees to advise the Board and assist it to carry out its functions.

17—Delegations

This clause empowers the Board to delegate functions under the measure, other than a function prescribed by the regulations, to a member of the Board, the Executive Officer, a member of staff of the Board or a committee established by the Board and requires a delegation to be provided to members of the Board and the Minister within 7 days after it is made.

18—Procedures

This clause deals with matters relating to the Board's procedures such as the quorum at meetings, the chairing of meetings, voting rights, the holding of conferences by telephone and other electronic means and the keeping and provision of minutes.

19—Staff and resources

This clause provides for the Board to have such staff as it thinks necessary for the proper performance of its functions and allows the Board to make use of the services, facilities or officers of an administrative unit of the Public Service with the approval of the relevant Minister.

20—Application of Public Sector (Honesty and Accountability) Act

This clause provides that the Public Sector (Honesty and Accountability) Act 1995 applies to a member of a committee of the Board as if the committee were an advisory body and that a member of the Board or a committee will not be taken to have a direct or indirect interest in a matter for the purposes of that Act by reason only of the fact the member has an interest in a matter shared in common with veterinarians generally or a substantial section of veterinarians.

21—Power to require medical examination or report

This clause empowers the Board to require a veterinarian or person applying for registration or reinstatement of registration as a veterinarian to submit to an examination by a health professional or provide a medical report from a health professional, including an examination or report that will require the person to undergo a medically invasive procedure. If the person fails to comply, the Board can suspend the person's registration until further order.

22—Accounts and audit

This clause requires the Board to keep proper accounting records in relation to its financial affairs, to have annual statements of account prepared in respect of each financial year and to have the accounts audited annually by an auditor approved by the Auditor-General and appointed by the Board. It also empowers the Auditor-General to audit the Board's accounts at any time.

23—Annual report

This clause requires the Board to prepare an annual report for the Minister and requires the Minister to table the report in Parliament.

Division 2—Executive Officer

24—Executive Officer

This clause provides for the appointment of an Executive Officer by the Board on terms and conditions determined by the Board.

25—Functions

This clause sets out the functions of the Executive Officer.

26—Delegations

This clause empowers the Executive Officer to delegate functions under the measure, other than a function prescribed by the regulations, and requires a delegation to be provided to members of the Board within 7 days after it is made.

Part 3—Registration of veterinarians

Division 1—Registers

27—Registers

This clause sets out the registers that the Executive Officer must keep and maintain for the purpose of registration of veterinarians and lists the information that must be included on the registers. It also requires a copy of the registers to be published on a website and empowers the Executive Officer to exempt information from the copies of the registers on the website if satisfied it would be inappropriate to disclose that information.

Division 2—Primary registration

28—Registration on general or specialist register

This clause empowers the Board to grant primary registration to a person, outlines when a person is eligible for registration (as well as limited and provisional registration), sets out the authorisation general and specialist registration gives and sets out how an application must be made.

It also empowers the Board to impose conditions on a person's registration and makes it an offence for a person to contravene a condition with a maximum penalty of $20,000 or imprisonment for 6 months.

29—Veterinarian to inform Board of changes to certain information

This clause requires a veterinarian with primary registration to inform the Board of changes to certain information and fixes a maximum penalty of $250.

30—Removal from register

This clause requires the Executive Officer to remove a person from a register in specified circumstances.

31—Reinstatement on register

This clause requires the Board to reinstate a person on a register if they are eligible for registration and sets out the circumstances in which a person may apply for reinstatement and how an application for reinstatement must be made.

32—Fees and returns

This clause deals with the payment of registration, reinstatement and practice fees and requires registered persons to furnish the Board with an annual return in relation to their provision of veterinary services, continuing professional development and other matters relevant to their registration under the measure. It empowers the Board to remove from a register the name of a person who fails to pay the practice fee or furnish the required return.

Division 3—Deemed registration

33—Recognition of veterinarians registered in other jurisdictions

This clause sets out when a person will be taken to have deemed registration and the authorisation deemed registration gives.

34—Contravention of conditions of deemed registration

This clause makes it an offence for a person to contravene a condition of the person's deemed registration with a maximum penalty of $20,000 or imprisonment for 6 months.

35—Veterinarian with deemed registration to inform Board of contact details etc

This clause requires a veterinarian with deemed registration to provide the Board with their contact details within 1 month of providing veterinary services or engaging in other conduct as a veterinarian in South Australia and requires the veterinarian to inform the Board of changes to that information. In each case, a maximum penalty of $250 is fixed for a contravention.

Division 4—Registration in participating jurisdictions

36—Registration to be subject to conditions

This clause provides that a restriction, limitation or condition on a person's registration in another jurisdiction applies to the person's registration under this measure and empowers the Board to waive or modify such a restriction, limitation or condition. It also allows the Board to impose conditions on a person's deemed registration.

37—Suspension or cancellation of registration or disqualification

This clause provides that if a person's registration in another jurisdiction is suspended or cancelled, or the person is disqualified from registration in another jurisdiction, then the person's registration under this measure is suspended or cancelled, or the person is disqualified from registration, on the same terms. It also empowers the Board to waive a suspension, cancellation or disqualification and sets out the effect of a waiver.

Division 5—Suspension or variation of registration in urgent circumstances

38—Suspension or variation of registration where veterinarian charged with certain offences or unacceptable risk to animals

This clause allows the Board to suspend the registration of a veterinarian or vary the conditions of a veterinarian's registration if the Board becomes aware that the veterinarian has been charged with an offence prescribed by the regulations or the Board reasonably suspects that the veterinarian poses an unacceptable risk to animals.

Part 4—Registration of premises at which veterinary services provided

39—Registers

This clause sets out the registers that the Executive Officer must keep and maintain for the purpose of registration of veterinary premises and lists the information that must be provided on the veterinary premises register. It also requires a copy of the registers to be published on a website and empowers the Executive Officer to exempt information from the copies of the registers on the website if satisfied it would be inappropriate to disclose that information.

40—Veterinary premises standard

This clause requires the Board to prepare or endorse standards relating to minimum requirements for registered premises.

41—Responsible person in respect of registered premises

This clause requires there to be a responsible person in respect of each registered premises and sets out who that person is in different circumstances.

42—Registration by Board of premises as registered premises

This clause sets out the circumstances in which premises are eligible for registration and how an application for registration must be made. It also states that registration of premises remains in force for a period specified by the Board (not exceeding 3 years) and empowers the Board to impose conditions on registration.

43—Suspension or cancellation of registration

This clause allows the Board to suspend or cancel registration of premises in specified circumstances.

44—Removal from register

This clause requires the Executive Officer to remove premises from the veterinary premises register in specified circumstances.

45—Reinstatement on register

This clause requires the Board to reinstate premises on the veterinary premises register if the premises are eligible for registration and sets out how an application for reinstatement must be made.

46—Fees

This clause provides that premises will not be granted registration or reinstatement of registration on the veterinary premises register until the relevant fee has been paid.

47—Contravention of conditions of registration

This clause makes it an offence for a responsible person in respect of premises to contravene a condition of the registration of the premises with a maximum penalty of $20,000 or imprisonment for 6 months.

48—Requirement to inform Board of changes

This clause requires a responsible person in respect of registered premises to inform the Board of changes to certain information and fixes a maximum penalty of $250 for a contravention.

Part 5—Veterinary practice

Division 1—Veterinary practice

49—Veterinary services to be provided by veterinarians

This clause prohibits a person from providing veterinary services for money or other consideration unless the person is a veterinarian and fixes a maximum penalty of $20,000 or imprisonment for 6 months. It also sets out exceptions to the prohibition.

50—Veterinary services must be provided at registered premises

This clause prohibits a veterinarian from providing veterinary services at premises that are not registered premises and fixes a maximum penalty of $20,000 or imprisonment for 6 months. It also sets out exceptions to the prohibition and provides that it is a defence to the prohibition for the defendant to prove that they did not know, and could not reasonably be expected to have known, that the premises were not registered premises.

51—Offence to carry on certain businesses other than at registered premises

This clause prohibits a business consisting of, or including, the provision of veterinary services from being carried on at premises that are not registered premises and provides that each person prescribed by the clause is guilty of an offence if the prohibition is contravened. It fixes a maximum penalty of $20,000 and sets out exceptions to the prohibition.

52—Veterinarian to hold certain insurance

This clause prohibits a veterinarian from providing veterinary services for money or other consideration unless insured in a manner and to an extent determined by the Board against civil liability incurred in the course of providing those services and fixes a maximum penalty of $10,000. It also allows the Board to provide exemptions from the requirements of the clause.

Division 2—Improperly influencing veterinarians etc

53—Application of Division

This clause sets out who the Division applies to and does not apply to.

54—Undue influence

This clause prohibits a person to whom the Division applies from inducing or attempting to induce a veterinarian to provide, or not provide, veterinary services, or veterinary services of a specified class, by dishonesty or undue influence and fixes a maximum penalty of $20,000.

55—Improper directions etc to veterinarian

This clause prohibits a person to whom the Division applies from requiring, inducing or encouraging a veterinarian to engage in conduct in the course of providing veterinary services that would constitute unprofessional conduct or does not reflect current standards of veterinary practice in South Australia and fixes a maximum penalty of $20,000.

Division 3—Other offences relating to veterinary practices etc

56—Offence to give, offer or accept benefit for recommendation or prescription

This clause makes it an offence—

for any person to give, or offer to give, a veterinarian or prescribed relative of a veterinarian a benefit as an inducement, consideration or reward for the veterinarian recommending a prescribed veterinary service or prescribing or recommending a veterinary product manufactured, sold or supplied by the person;

for a veterinarian or prescribed relative of a veterinarian to accept from any person a benefit offered or given as a inducement, consideration or reward for such a recommendation or prescription.

In each case a maximum penalty of $20,000 is fixed for a contravention.

57—Illegal holding out as veterinarian or specialist

This clause makes it an offence for a person to hold themselves out as a veterinarian, specialist or particular class of specialist or permit another person to do so unless registered on the appropriate register or in the appropriate specialty. It also makes it an offence for a person to hold out another as a veterinarian, specialist or particular class of specialist unless the other person is registered on the appropriate register or in the appropriate specialty. In each case, a maximum penalty of $20,000 or imprisonment for 6 months is fixed.

58—Illegal holding out concerning limitations or conditions

This clause makes it an offence for a person whose registration is limited or conditional to hold themselves out, or permit another person to hold them out, as having registration that is not subject to a limitation or condition. It also makes it an offence for a person to hold out another whose registration is limited or conditional as having registration that is not subject to a limitation or condition. In each case, a maximum penalty of $20,000 or imprisonment for 6 months is fixed.

59—Illegal holding out concerning registered premises

This clause makes it an offence to hold out that particular premises are registered unless the premises are registered under the measure. It also makes it an offence to hold out that veterinary services or services of a particular kind are, or can be, provided at particular premises unless those services can be lawfully provided at those premises. In each case, a maximum penalty of $20,000 or imprisonment for 6 months is fixed.

60—Use of certain titles or descriptions prohibited

This clause prohibits a person who is not appropriately registered from using certain words or their derivatives to describe themselves or services that they provide, or in the course of advertising or promoting services that they provide. A maximum penalty of $20,000 is fixed for each offence.

Part 6—Medical fitness to provide veterinary services

61—Medical fitness to provide veterinary services

This clause provides that in making a determination under the measure as to a person's medical fitness to provide veterinary services, regard must be given to the question of whether the person is able to provide veterinary services personally to an animal without endangering the animal's health, safety or welfare.

62—Obligation to report medical unfitness of veterinarian

This clause requires certain classes of persons to report to the Board if of the opinion that a veterinarian is or may be medically unfit to provide veterinary services. A maximum penalty of $10,000 is fixed for non-compliance. The Board must cause a report under this clause to be investigated.

63—Medical fitness of veterinarian

This clause empowers the Board to suspend the registration of a veterinarian, impose conditions on registration restricting the right to provide veterinary services or other conditions requiring the person to undergo counselling or treatment, or to enter into any other undertaking if, on application by the Executive Officer or Minister or after an investigation, and after due inquiry, the Board is satisfied that the veterinarian is medically unfit to provide veterinary services and that it is in the public interest to take such action.

64—Proceedings before Board under Part

This clause sets out provisions relating to proceedings before the Board regarding medical fitness, including the powers of the Board to summons witnesses and require the production of documents and other evidence for the purposes of those proceedings.

Part 7—Complaints, investigations and proceedings

Division 1—Preliminary

65—Interpretation

This clause provides that a reference in the Part to a veterinarian includes a reference to a person who is not but who was, at the relevant time, a veterinarian under this measure or a veterinary surgeon or veterinary practitioner under the Veterinary Surgeons Act 1985 or the Veterinary Practice Act 2003.

66—Proper cause for disciplinary action

This clause sets out what constitutes proper cause for disciplinary action against a veterinarian.

Division 2—Complaints

67—Board to establish processes for complaints

This clause requires the Board to establish administrative processes for receiving and dealing with complaints received about the conduct of veterinarians and sets out certain matters the administrative processes must address.

68—Making complaint about veterinarian etc

This clause allows an aggrieved person to make, and the Board to initiate, a complaint about the conduct of a veterinarian in accordance with the Board's administrative processes.

69—Assessment of complaints

This clause requires the Board to cause each complaint to be assessed to determine how the complaint should be dealt with and sets out the complaints that do not need to be assessed.

70—Dismissal of certain complaints

This clause sets out when the Board must and may dismiss a complaint.

71—Decision to take no further action

This clause allows the Board to take no further action in relation to a complaint if it thinks it appropriate in the circumstances.

Division 3—Certain complaints may be resolved by Board

72—Application etc of Division

This clause provides that the Division applies to particular complaints, or complaints of a class, determined by the Board after consultation with the Minister and requires notice of each determination, and variation of a determination, to be published on a website. It also sets out the principles that the Board must have regard to, and seek to give effect to, in respect of the operation of the Division.

73—Complaints that may be dealt with under Division

This clause allows the regulations to specify the kinds of complaints and conduct that may, or may not, be determined by the Board to be complaints that can be dealt with by Board resolution.

74—Dealing with matters by way of Board resolution

This clause provides that a matter to which the Division applies is to be referred to the Executive Officer for resolution and sets out requirements in respect of dealing with the matter. It sets out the circumstances in which conciliation must take place and allows the Board to take certain action, or order the taking of certain action, after consultation with the Executive Officer.

75—Duty of Executive Officer with respect to conflict of interest

This clause requires the Executive Officer to disclose interests that may conflict with their duties in resolving a matter and comply with any directions given by the Board to resolve a conflict between the duties and interests.

76—Monitoring of Board resolutions

This clause requires complaints dealt with under the Division to be monitored and reviewed to maintain proper and consistent practices.

Division 4—Investigations

77—Investigation of complaints

This clause requires the Board to cause an investigation to be undertaken into each complaint to be dealt with under Division 5 or, if satisfied an investigation is unnecessary, to lodge a complaint in relation to the matter with SACAT. It also sets out the actions the Board may take following an investigation.

Division 5—Disciplinary action before Tribunal

78—Hearing by Tribunal as to matters constituting grounds for disciplinary action

This clause allows the Board or Minister to lodge a complaint setting out matters that are alleged to constitute grounds for disciplinary action against a person with SACAT and sets out the orders SACAT may make. It also allows SACAT to suspend a veterinarian's registration pending the outcome of SACAT proceedings if it thinks it is necessary due to a serious risk to the health and safety of the public or health and welfare of animals.

79—Constitution of Tribunal

This clause sets out how SACAT will be constituted for proceedings under this Division and requires SACAT to establish panels of assessors.

80—Punishment of conduct that constitutes offence

This clause provides that if conduct constitutes both an offence against the measure and grounds for disciplinary action under the measure, the taking of disciplinary action is not a bar to conviction and punishment for the offence, and conviction and punishment for the offence is not a bar to disciplinary action.

81—No internal review by Tribunal of decision under Division etc

This clause provides that a decision of SACAT under this Division cannot be the subject of an application for internal review and disapplies certain provisions of the South Australian Civil and Administrative Tribunal Act 2013 in relation to an appeal against such a decision.

Part 8—Inspectors

82—Guidelines

This clause requires the Board to publish guidelines about the conduct of investigations and inspections on a website.

83—Inspectors

This clause empowers the Board to authorise persons to be inspectors for the purposes of the measure.

84—Functions of inspectors

This clause sets out the functions of inspectors.

85—Powers of inspectors

This clause sets out the powers of inspectors.

86—Offence to hinder etc inspector

This clause makes it an offence for a person to hinder an inspector, use certain language to an inspector, refuse or fail to comply with a requirement of an inspector, refuse or fail to answer questions to the best of the person's knowledge, information and belief, or falsely represent that the person is an inspector. A maximum penalty of $10,000 is fixed.

Part 9—Review of certain decisions by Tribunal

87—Review of certain decisions by Tribunal

This clause confers SACAT with jurisdiction to deal with matters consisting of the review of specified decisions.

88—Variation or revocation of conditions imposed by Tribunal

This clause empowers SACAT to vary or revoke a condition imposed on a veterinarian's registration at any time on application by the veterinarian and provides that the Board is entitled to appear and be heard on such an application.

Part 10—Miscellaneous

89—Exemptions

This clause allows the Minister to exempt a specified person or a specified class of persons from the operation of a provision or provisions of the measure and sets out the notice requirements. It also allows the Minister to vary or revoke an exemption for any reason the Minister thinks fit and makes it an offence for a person to contravene a condition of an exemption. A maximum penalty of $20,000 is fixed for contravention of a condition.

90—Contact details to be provided to Chief Executive

This clause requires the Board to, every 3 months or on request, provide to the Chief Executive a list of contact details for each veterinarian registered under the measure and restricts the uses of the details to specified circumstances.

91—False or misleading statement

This clause prohibits a person from making a statement that is false or misleading in a material particular in information provided under the measure. A maximum penalty of $20,000 is fixed.

92—Procurement of registration by fraud

This clause makes it an offence for a person to fraudulently or dishonestly procure registration or reinstatement of registration (whether for themselves or another person). A maximum penalty of $20,000 or imprisonment for 6 months is fixed.

93—Self-incrimination and legal professional privilege

This clause provides that a person cannot refuse or fail to answer a question or produce documents as required under the measure on the ground that to do so might tend to incriminate the person or make the person liable to a penalty or on the ground of legal professional privilege.

If a person objects on either of the first two grounds, the fact of production of the document or the information furnished is not admissible against the person except in proceedings in respect of making a false or misleading statement or perjury. If a person objects on the ground of legal professional privilege, the answer or document is not admissible in civil or criminal proceedings against the person who would, but for this clause, have the benefit of that privilege.

94—Confidentiality

This clause prohibits a person who obtained personal information in the course of the administration of the measure, the Veterinary Surgeons Act 1985 or the Veterinary Practice Act 2003 from divulging any such information except in certain circumstances. A maximum penalty of $10,000 is fixed.

Any information disclosed under this clause must not be used for any other purpose by the person to whom it is disclosed or by any other person who gains access to the information as a result of the disclosure. A maximum penalty of $10,000 is fixed.

95—Victimisation

This clause prohibits a person from victimising another person on the ground, or substantially on the ground, that the other person has disclosed or intends to disclose information, or has made or intends to make an allegation, that has given rise or could give rise to proceedings against the person under this measure. Victimisation is the causing of detriment including injury, damage or loss, intimidation or harassment, threats of reprisals, or discrimination, disadvantage or adverse treatment in relation to the victim's employment or business. An act of victimisation may be dealt with as a tort or as if it were an act of victimisation under the Equal Opportunity Act 1984.

96—Arrangements between Board and interstate registration authorities

This clause allows for a national database for veterinarians and for other purposes related to the recognition of people engaged in providing veterinary services, practice or treatment in other jurisdictions to be established.

97—Notification of disciplinary action to interstate registration authorities

This clause requires the Board to notify each interstate registration authority of any disciplinary action taken against a veterinarian under the measure or of any other action of a prescribed kind.

98—Evidentiary provision

This clause requires specified matters to be accepted as proved in the absence of proof to the contrary in legal proceedings (including Tribunal proceedings). It also allows specified matters to be proved in legal proceedings (including Tribunal proceedings) by means of a certificate.

99—Regulations and fee notices

This clause provides power to make regulations and to prescribe fees by fee notice.

Schedule 1—Related amendments, repeals and transitional provisions

Part 1—Amendment of Agricultural and Veterinary Products (Control of Use) Act 2002

Part 2—Amendment of Animal Welfare Act 1985

Part 3—Amendment of Controlled Substances Act 1984

Part 4—Amendment of Dog and Cat Management Act 1995

Part 5—Amendment of Health Care Act 2008

Part 6—Amendment of Health Practitioner Regulation National Law (South Australia) Act 2010

Part 7—Amendment of Livestock Act 1997

These Parts make related amendments to the Acts specified consequential to the enactment of the measure.

Part 8—Repeal of Veterinary Practice Act 2003

1—Repeal of Act

This clause repeals the Veterinary Practice Act 2003.

Part 9—Transitional provisions

This Part makes transitional provisions in respect of the enactment of the measure and the repeal of the Veterinary Practice Act 2003.

Debate adjourned on motion of Hon. D.G.E. Hood.

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