Veterinary Surgeons Act 1923 (NSW)

252                  Veterinary Surgeons Act.

VETERINAKY SURGEONS ACT.

Act No. 25, 1923.

George V, An Act to provide for the regulation of the practic(3

No. 25. veterinary science; and for purposes consequent thereon or incidental thereto. [Assented to, 5th December, 1923.

T 3 E it enacted by the King’s Most Excellent Majesty,

J3 by and ndth the advice and consent of the Legis­

lative Council and Legislative Assembly of New South "Wales in Parliament assembled, and by the authority of the same, as follows :—

PART 1.

P r e l im in a r y .

Short title. 1. (1) This Act may be cited as the “ Veterinary

Surgeons Act, 1923.”

Commence­ (2) This Act shall commence and come into oper­

ment.

ation on the first day of January, one thousand nine

hundred and twenty-four.

Parts. 2 . This Act is divided into Parts as follows :—

PART I.—P r e l im in a r y — ss. 1-3.

PART	I I .—T h e B oard— ss. 4 -8 .
PART	I I I .—R e g is t e r —-ss. 9-11.
PART	IV.—V e t e r in a r y Su r g e o n s—ss. 12-24.
PART	V.— M isc e ll a n e o u s— ss. 25-29.

Definitions. 3 . In this Act, unles^ inconsistent with the contest or subject-matter,—

“ Board ” means the Board of Veterinary Surgeons of New South Wales established by this Act.

“ Member ” means member of the board.

“ Person” includes corporation, company, society,

association, and firm.

“ Practise ”

Veterinary Surgeons Act. 253

Practise ” and similar expressions, in relation to George V,

veterinary science, refer to practising veterin­

ary science for fee or reward.

Prescribed ” means prescribed by this Act or the

regulations made thereunder.

Registrar ” means registrar of the board.

Veterinary science” includes any branch of the

science or art of veterinary medicine or of

veterinary surgery.

Veterinai’y surgeon” means a person registered as

a veterinary surgeon under this Act.

PART II.

T h e B o ard .

4r. (1) A board, to be called the “ Board of A'cterinary incoiporation

Surgeons of New South AA'ales,” is hereby establisbed. f

(2) The board shall be a body corporate Avith perpetual succession and a common seal, and may sue	'
and be sued in its corporate name.

5 . (1) The memhers of the first board shall be the ConsUtutiou

chief veterinary surgeon of the Department of Agri­ culture, who will be p)resident, two persons who hold tire degree of Bachelor of Veterinary Science or the diploma of tire Pioyal College of A’cterinary Surgeons of Great Britain, and four other persons, of whom two shall be stockoAvners, the thii'd shall be a person qualified for registration under subsection two of section thirteen, and the fourth shall be a person qualified under paragraph (f) of that subsection. Such members shall be appointed by the Governor.

(2) The members of the first board shall bold office for three years, and thereafter the board shall consist of a president and four other members, all of Avhom shall be veterinary surgeons, and shall he appointed by the Governor and hold office for three years.

(3) The president and two other members shall be persons Avho hold a degree, diploma or license of

competency as a veterinary surgeon from the University

of Sydney, tlie Royal College of A^eterinary Surgeons of

Great Britain, or such other university, veterinary college, ,

or school as may be prescribed. 6.

25 i	Veterinary Surgeons Act.
George V,	6 . (1) If the office of a member become vacant

No. 25. during' tlic term for which Jie is appointed his successor

Vacancies	sluill bo appointed for the remainder of suidi term,
remnnerstion	(2) If a member is likely from any cause to be absent from meetings of the board for more than three months the Governor may appoint a deputy to act for such member during bis absence.
(.’)) A deputy shall Jiave the same powers, rights, and duties as the member for whom he is appointed to act.

(4) Each member shall be paid a fee of one

guinea for each meeting of the board which he attends, provided that tlie fees paid to any member during any year sliall not exceed twenty-five guineas.

Vacancies. 7 . (1) Tlic officc of a member shall be deemed to be vacant—

(a)	if he becomes bankru})t or compounds with his creditors ; or
(b)	if he is absent without leave of the board from three consi^cutive meetings of which due notice

■

has been given to him either personally or by

post; or

. (c) if lie resigns his office by writing under his own hand addressed to the Governor ; or

(d) if he is rcmioved from office by the Governor.

A^aiidity of (2) Tlie validity of any act or resolution of the

acts. board shall not be affected by any informality or irregularity in its constitution, and the fact that the office of any or every member is vacant shall not of itself operate to dissolve the corporation.

Registrar and 8. (1) The Governor may from time to time in accor-

other officers, daiice witli the Public Service Act, 1902, or any Act

amending the same, appoint a registrar and such other officers as the Governor may think fit for carrying out the provisions of this Act, and may at any time remove any person so appointed.

(2) The fees of members and the salaries and emoluments of the officers so appointed as aforesaid, and all other expenses of and incidental to the administration of this Act, sliall be jiaid from funds provided by Parliament.

PART

Veterinary Surgeons Act. 255

PART II r. George V,

No. 25.

R e g is t e r .

9 .     (1 ) Tlu'rc shall be a register of veterii'aiy surgeons, Kcoping.

to be kept as prescribed.

(2) On payment of the prescribed fee, the I'egistrar

shall enter in the register—

(a)	the full names and addresses of all persons registered as veterinary surg(!ons ;
(b)	tb(‘ date and description of the ([ualiilention in respect of'wbicb such registration is granted;

(c) sueli other particulars as may be prescribed.

1 0 .     (1) The registrar shall in the month of .lannary R jII.

in each year transmit a copy of the register eiu'tilied to be correct u]) to the tbirty-brst day of December of the jircceding year to the Alinister, who shall tln'reupon cause the same to be published in tb.e Gazette as the “ Veterinary Surgeons Roll for the year

followed by the number of the year in wbicb it is

published.

(2) A copy of the Gazette shall 1k̂ pi-iiua, facie evidence in all legal procec'dings that the persons mentioned in the roll, and no others, are n'gistercd as veterinary surgeons for the year in question.

11 . (1) livery veterinary sui'geon shall in or before Roll fee.

the month of July in each year ])ay to the registrar the

prescribed roll fee for the following year.

(2) If any veterinary surgeon does not j)ay the prescribed roll fee before or in the month of July in any year tin* board may cause liis name to be nunoved from the register.

(J) If the name of any person is rtunoia'd from the regist(M‘ under this section t he board may restore bis name to tin? register upon production of bis eertificatf; of registration or proof to the satisfaction of the board of bis former registration and payment of the prescribed fee for restoration.

PART

2&6 Veterinary Surgeons Act.

George V, PART IV.

No. 25.

V e t e r in a r y S u r g eo n s .

Good fame 1 2 . Ao pei'son shall be entitled to be registered as a

andoharaeter.

veterinary surgeon unless he has attained the age of twenty-one years and satisfies the board that he is of good fame and character.

Qualifications

13 . (1) Subject to the provisions of this Act, a

person shall he entitled to lie registered as a veterinary

surgeon if he—

(a) holds a degree in veterinary science, or a diploma or license of competency in veterinary surgery and medicine from the University of

. Sydney or the Royal College of Veterinary Surgeons of Great Britain, or such other university, college, or school as may from time to time be prescribed, provided that the courses

. of instruction in veterinary science of such other university, college, or school extend over at least four academic years, and are of a standard equivalent to that of the University of Sydney; or

(b)

has practised veterinary science in New South Wales for a period of not less than one year during the five years immediately preceding the commencement of this Act and holds a degree, diploma or license granted by some veterinary college or school which required attendance throughout a veterinary curriculum extending over at least two academic years, and satisfies the board that he possesses the requisite know­ ledge and skill for the efficient practice of

veterinary science. >

(2) Subject to the provisions of this Act, a person who does not hold the requisite academic qualifications for registration as a veterinary surgeon shall be entitled to be registered if he satisfies the board that he—

(a)	has for five years immediately preceding the commencement of this Act, and subsequent to bis attaining the age of twenty-one years, attended and treated animals for disease or injury in New South Wales, as a sole or
substantial source of livelihood ; or (b)

Veterinary Surgeons Act. 251

(1)) lias for not less Ilian seven years immediately George V,

preceding the commencement of this Act, and snhseipient to his attaining the age of twenty- one years, publicly attended and treated animals for disease or injury in Kew South W'ales for fee or reward, on his own account, in a competent manner ;

(c)	has for not less than four years immediately preci'ding the commenccnrcnt of tliis Act, and suhseipient to his attaining tlie age of twenty- one yi'ars, ]mhlicly attended and treated animals for disease or injury in New South IVales for fee or reward, and jiasses within one Y('ar from the commencemimt of this Act a wi'itten and practical ('xamination in eleiiKnitary veterinary science as prescrihed;
(d)	has for not less than live years immediately prior 1o the commenceiiient of this Act held the position of Superintendent of the ahattoir area at Itomehush, Broken Hill, or Ninvcastle in the State of New South AYales;
(e)	was, at or prior to tlu' commencniient of this Act, an artieded pupil or an assistant to a person qualified to he registered as a veterinary surgeon under tliis Act, and has com])letcd a term of not less than live yi'ars as such jmpil or assistant whether to one or more such ]iersons, and passes the prescrihed examina- 1 ion ; or
(f)	at the time of the passing of this Act holds the certilieate of the Stock Board of Examiners issued under the provisions of the Pastures Protection Act, 1912;
(g)	is registered as a veterinary surgeon under the provisions of any Act regulating the practice of veterinary surgeons i]i any other State or Territory of the Commonwealth :

Provided that the hoard is of the opinion that the qualilication in respect of whiclrsuch registration was granted under such other Act is of a standard suhstantially equivalent to the qualilieations prescrihed under this Act and

I that

25S Veterinary Surgeons Act.

George V,	that a person registered under this Act is by
No. 25.	virtue of such registration and without further examination entitled to be registered under the Act regulating the practice of veterinary surgeons in such State or Territory.

(3) No person shall he entitled to he registered under the provisions of paragraph (b), subsection one, or paragraphs (a), (li), (c),(d), (e),or (f)of subsection two of this section unless he applies to have his name recorded as a person entitled to the benefits of tliis section within sixmonths from the commencement of this A ct: Provided that the board, if satisfied that for some sufficient reason such person was unable to make such application within the said six months, may permit such application to be made at a later date.

(4) Notwithstanding any other provision of this section, all absences on active military or naval service by a British subject may be accounted as part of the periods of practice mentioned in this section : Provided tliat such British subject prior to enlistment practised veterinary science in this State.

Right of 1 4 .

If the application of any person to be registered as a veterinary surgeon is refused by the board upon any ground other than the ground that he has not passed the prescribed examination, such person shall have the right of appeal to the district court of the district in which the applicant resides, and snch appeal shall bo of the nature of a rehearing, and the decision of the court shall be final, and the board shall give effect thereto.

appeal.

Application	1 5 . Application to the board for registration shall—
for registra­

tion.	(a) be made as prescribed ;
(b) be supported by such evidence as the board may require ; and
(c) be accompanied by the jirescribed fee.

Kegistrat ion 1 6 . The board may issue certificates of registration

certificate.	as prescribed.
Refasal to	1 7 . The application of any person to be registered as a veterinary surgeon may be refused by the board if in the opinion of the board the applicant does not possess the qualification he claims to possess or if any ground exists on which his name, if it were on the register, might be removed therefrom.
register.

Veterinary Surgeons Act. 259

1 8 . (1 ) The l)oavd may remove from the register George V,

the name of any person who— 25.

Removal

(a) has died or from I'c^i.gi-er,

( b )	does not possess the qualifications in respect of Avhich he was registered ; or
(c)	is convicted of any felony or misdemeanour or of any offence whicli if committed within tliis State would be a felony or misdemeanour; or

(d) is guilty of misconduct in a professional respect.

(2) Any sucli jierson shall not have his name

removed from the register—

(a)	until he has heen called upon hy the hoard in the prescrihed manner to <‘xplain any objection raised against him ; or
(h)	on account of a conviction for an offence which, though witliin the provisions of tliis section, does not, cither from the trivial nature of the olfence or from the circumstances under which it was committed, render it expedient in the public interest that he should he debarred from practising veterinary science.

(3) In the case of a removal of any person’s name from the register he shall have the right of an appeal to the district court of the district in which such person resides: such appeal shall be in the nature of a rehearing, and the decision of the court shall be final, and the board shall give effect thereto.

1 9 . (1) Where' the board removes the name of any lastoiatioi

person from the register, the name of that person shall not be again ente'red on tbe register except by direction of tbe board or liy order of a court of eomjietent jurisdiction.

(2) Tbe board may if it tliinks fit in any ease direct the registrar to restore to the register any name removed therefrom without payment of fee or on payment of such f('<', not exceeding the registration fee, as the board may from time to time direct.

2 0 . iSo person otlior than a veterinary surgeon isaung

holding some one of the qualifications mentioned in 1 ‘ • • 1 • • A i 1 n • u n d r r o ther

snbscction one ol section thirteen or this Act shall sign Act̂ ;.

any certificate i)roscribed hy any Act which r('qnircs

the signature of a veterinary surgeon in respect of the

freedom from disease of anv animal or animal product.

‘ 21 .

260                  Veterinary Surgeons Act.

George V, 2 1 .

(1) No person shall use or publish iu connection science, any title, name, words, or letters which are capable of being understood to indicate qualification in veterinary science, or as a veterinary surgeon, or qualification for registration as a veterinary surgeon, other than such title, name, words, or letters as truly indicate the degree, diploma, license, certificate, or other qualification which he in fact holds or possesses, and unless he has proved to the satisfaction of the hoard that he is entitled to such name, letter, or description. .

No. 25. with veterinary science, or the practice of veterinary

Prohibited

practices.

(2) No veterinary surgeon shall without the

permission of the board practise except in his own name.

(8) No person other than a veterinary surgeon

registered under this Act shall practise as a veterinary

surgeon, or take or use the name “ veterinary surgeon”

or the term “ veterinary” or any abbreviation thereof,

either alone or in connection with any other name, title,

or business:

Provided that this subsection shall not come into operation for six months after the coming into operation of this Act, nor shall this subsection prohibit persons from using the term “ veterinary ” only as indicating that they carry on the business of suppliers of wares or materials used in connection with veterinary science.

(4) Any person who contravenes any of the

provisions of this section shall be liable for each offence to a penalty not exceeding twenty pounds and not less than two pounds, and if a veterinary surgeon shall be guilty of misconduct in a professional respect.

Coutinuation	2 2 .	Notwithstanding any other provision of this Act,
of name of

deceased	upon tlie death of a veterinary surgeon the hoard may
veterinary	abstain from removing his name from the register, and
surgeon.	may authorise his executor, administrator, or trustee to carry on under the name of the deceased veterinary surgeon the practiee formerly carried on hy him provided that the practice shall he carried on under the personal superintendence of a veterinary surgeon whose name shall he i'(‘gistered as superintendent of the practice.
fees.
Suing for	2 3 . (1) A veterinary surgeon shall he entitled to sue in any court of competent jurisdiction for his fees or charges for veterinary services, attendance, or advice rendered, work done, or medicines supj)lied in connection
with the practice of veterinary science. (2)

Veterinary Surgeons Act. 201

(2 ) After tlio coming into operation of this Act George V,

no person shall he entitled to recover in any court of law any fee or charge for performing any veterinary opera­ tion or for giving any veterinary attendance or advice or practising in any manner as a veterinary surgeon or practitioner or for practising in any case veterinary science in resjiect of instructions received after the coming into operation of this Act unless he is registered as a veterinary surgeon under this Acd.

2 4 . Nothing in this Act shall prohihit any person

f r o m opei'atioiis.

(a)	performing the operations of castrating, speying, dehorning, or inoculating any animal, or tailing of lambs;
(b)	attending and treating animals where a veter­ inary surgeon is not available, and making reasonable charges therefor.

PAR'! Ak

AIisc ella n eo u s .

2 5 . (1) The hoard may for the purposes of this Act Power of

examine any person on oatii or take " " a statutory

declaration from any person.	oath.
(2) If any such person wilfully makes any false statement or declaration, or utters or attempts to utter or put off as true before the hoard any false, forged or counterfeit certiticate, diploma, license, letter, testimonial, or other document, he shall he liable to imprisonment for a term not exceeding twelve months.

26 .        (1) The president of the hoard or, with the Power to

consent of the majority of the members present at any meeting of the hoard, any member may in writing under his hand summon any person to attend before the board for the purpose of being examined willi respect to any matter Avithin the jurisdiction of the hoard.

(2) Every person duly summoned as aforesaid who does not attend after reasonable expenses have been paid or tendered to him, or refuses to he sworn or to make a statutory declaration, or to answer any lawful question, .shall he liable to a penalty not exceeding

twenty pounds. 2 7 .

262                  Veterinaiy Surgeans Act.

George V, 2 7 . Any person who wilfully makes or causes to be

No. 23. made any false entry in or falsification of the register,

Penalty for

forging

and any person who wilfully procures or attempts to

registration.

procure himself or any other person to he registered under this Act by making or producing, or causing to he made or produced, any false or fraudulent representation or declaration cither vcrhaliy or in writing, and any person aiding or assisting therein shall he liable to imprisonment for a term not exceeding twelve months.

Fees payable

to Treasury.

2 8 . (1) The fees pay aide and all penalties recovered

under this Act or any regulation made thereunder shall

he paid to the registrar.

(2) The amount of s ich fees and penalties shall he paid hy the registrar into the Treasury, and carried to the Consolidated I’evemie Tund.

(3) 'flic hoard sliall, as soon as practicahle after the thirtieth day of June in each year, publish in the Gazette a statement made up to that date showing the receipts and expenditure of the hoard during the juTceding twelve months, certified as correct hy the Auditor-General.

Regulations.

2 9 . (1) The Governor, upon the recommendation of

the bear’d, may make regulations for carrying out the

provisions of tliis Act, and in particular for—

(a) regulating the proceedings and fixing the quorum of the hoard ;

(h) regulating the duties of officers ;

(c)	jrrescrihing wliat degrees, diplomas, licenses, or other doenments shall he recognised hy the hoard ;
(d)	regulating the holding of examinations, and prescribing the subjects of and fees for such examinations :
(e)	regulating or prohibiting the employment of unregistered persons in private veterinary practice;

(f) ))i'escrihing fees payable under this Act.

(2) Such regulations may prescribe a ]ienalty not exceeding twenty pounds for any breach thereof. Any such penalty may he recovered before a police or stipendiary magistrate or any two justices of the peace in petty sessions.

(3)

Church of England Trust Property Amendment Act. 2G8

(3) Sucli regulations shall— George V,

(a) be published in the Gazette; No. 25.

(b)	take elb'ct front the date of publication, or front a later date to be specilled iu such regulations ; and
(e)	be laid before both Houses of Ikirliaiucnt tvithiu fourlcnt sitting days after publication if Parlia- UK'ut is in session, and if not, then tvithin fourliH'n sitting days after the coinnKMicement of Iho next session.

I f either Jloine of Parliament jiassi's a resolution of tvliieh notiei' has bra'it givi'ii within lifteen sitting days afh'r such ri'guladons have been laid liefore such llouse disallowing any regulation or part thereof, sneh regulation or part shall thereujion ei'ase to have clfect.