CITATION: | Veterinary Surgeons Board v Griffin [2017] QCAT 93 |
PARTIES: | Veterinary Surgeons Board |
| v | |
| Victor Leslie Griffin (Respondent) | |
APPLICATION NUMBER: | OCR272-13 |
MATTER TYPE: | Occupational regulation matters |
HEARING DATE: | 27 February 2017 |
HEARD AT: | Brisbane |
DECISION OF: | Member Browne (presiding) |
DELIVERED ON: | 27 March 2017 |
DELIVERED AT: | Brisbane |
ORDERS MADE: | 1. Pursuant to s 22E(1)(a) of the Veterinary Surgeons Act 1936(Qld) (‘the Act’), the Tribunal makes the following orders: (i) Dr Victor Leslie Griffin’s name be removed from the register effective from 14 days from the date of this order; (ii) Dr Victor Leslie Griffin not be permitted to re-apply for registration to the Veterinary Surgeons Board of Queensland for a period of eighteen (18) months effective from 14 days from the date of this order. 2. Pursuant to s 15D(1) of the Act, Dr Victor Leslie Griffin must pay the Veterinary Surgeons Board of Queensland’s costs of and incidental to these proceedings from and including 6 August 2015 to be agreed or assessed by way of a short form assessment from Garrett Legal Costs Assessors on a standard basis in accordance with the District Court Scale of Costs. |
CATCHWORDS: | PROFESSIONS AND TRADES – VETERINARY SURGEONS – MISCONDUCT AND DISCIPLINE – referral of allegations – where registrant supplied, dispensed and/or administered drugs – where registrant treated horses – where registrant failed to keep adequate records – where allegations substantiated – where registrant found to have behaved in a way that constitutes ‘misconduct in a professional respect’ – appropriateness of action to be taken following findings made Queensland Civil and Administrative Tribunal Act 2009 (Qld) ss 9, 10, 28, 100 Gelderman v Veterinary Surgeons Investigating Committee (GD) [2001] NSWADTAP 27 |
REPRESENTATIVES: | |
APPLICANT: | Veterinary Surgeons Board of Queensland represented by Mr C Wilson of Counsel instructed by Lander & Rogers Lawyers |
RESPONDENT: | Victor Leslie Griffin represented by Mr R Devlin AM of Queens Counsel with Mr M Labone of Counsel instructed by WP McMillican Legal & Consulting |
REASONS FOR DECISION
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- Veterinary Surgeons Board v Griffin [2017] QCAT 93
- Case
- [2017] QCAT 93
- Decision Date
CaseChat Overview and Summary
The primary legal issues before the Tribunal were whether the allegations against Dr Griffin were substantiated and, if so, what the appropriate sanction should be. The Tribunal considered the relevant statutory provisions and case law in making its decision. The Veterinary Surgeons Act 1936 (Qld) provides for the removal of a registrant's name from the register and a prohibition on re-application for registration in cases of misconduct. The Tribunal found that the seriousness of the misconduct warranted the imposition of both sanctions. The Tribunal also considered the need to protect the public and maintain the integrity of the profession.
In reaching its decision, the Tribunal found that Dr Griffin had failed to keep adequate records in relation to his treatment of horses and his supply, dispensation and administration of drugs. This conduct was found to be a serious breach of professional standards and constituted misconduct. The Tribunal considered the impact of Dr Griffin's conduct on the public and the veterinary profession, as well as the need to deter similar conduct in the future. The Tribunal concluded that the appropriate sanction was the removal of Dr Griffin's name from the register and a prohibition on re-application for registration for a period of eighteen months. The Tribunal also ordered Dr Griffin to pay the costs of the proceedings.
The Tribunal made two orders pursuant to the Veterinary Surgeons Act 1936 (Qld). Firstly, Dr Griffin's name was removed from the register effective from fourteen days from the date of the order. Secondly, Dr Griffin was prohibited from re-applying for registration to the Veterinary Surgeons Board of Queensland for a period of eighteen months effective from fourteen days from the date of the order. Additionally, the Tribunal ordered Dr Griffin to pay the costs of the proceedings.
Orders
Orders of the court
1. Pursuant to s 22E(1)(a) of the Veterinary Surgeons Act 1936 (Qld) (‘the Act’), the Tribunal makes the following orders:
(i) Dr Victor Leslie Griffin’s name be removed from the register effective from 14 days from the date of this order;
(ii) Dr Victor Leslie Griffin not be permitted to re-apply for registration to the Veterinary Surgeons Board of Queensland for a period of eighteen (18) months effective from 14 days from the date of this order.
2. Pursuant to s 15D(1) of the Act, Dr Victor Leslie Griffin must pay the Veterinary Surgeons Board of Queensland’s costs of and incidental to these proceedings from and including 6 August 2015 to be agreed or assessed by way of a short form assessment from Garrett Legal Costs Assessors on a standard basis in accordance with the District Court Scale of Costs.
Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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