Veterinary Surgeons Board v Griffin

Case [2017] QCAT 93


CITATION:

Veterinary Surgeons Board v Griffin [2017] QCAT 93

PARTIES:

Veterinary Surgeons Board
(Applicant)

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)
Dr Grigg, Member
Dr King, Member

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
Veterinary Surgeons Act 1936 (Qld) ss 15A, 15C, 22E, 22F
Veterinary Surgeons Regulation 2002 (Qld) s 25

Gelderman v Veterinary Surgeons Investigating Committee (GD) [2001] NSWADTAP 27
Medical Board of Australia v Mughammad Saliem Ismail unreported, State Administrative Tribunal No 212 of 2013, 10 October 2014
Medical Board of Western Australia v Roberman [2005] WASAT 118
Veterinary Surgeons Board of Western Australia v Alexander [2014] WASAT 105
Veterinary Surgeons Board of Queensland v Brown [2016] QCAT 234
Veterinary Surgeons Board of Queensland v Griffin [2016] QCAT 380
Veterinary Practitioners Board (NSW) v Hughes [2013] NSWADT 313
Veterinary Surgeons Board of Queensland v McIntosh [2010] QCAT 601
Veterinary Surgeons Board of Queensland v O’Flaherty [2010] QCAT 8
Veterinary Surgeons Board v Western Australia v O’Keefe, unreported, State Administrative Tribunal No 60 of 2013, 28 May 2013
Veterinary Surgeons Investigating Committee v Soemartopo [2007] NSWADT 107
Veterinary Surgeons Investigating Committee v Temmingh [2004] NSWADT 186
Veterinary Surgeons Investigating Committee v Thompson [2007] NSWADT 107
Veterinary Surgeons Investigating Committee v Williamson (No. 2) [2005] NSWADT 112

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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AGLC
Veterinary Surgeons Board v Griffin [2017] QCAT 93
Case
[2017] QCAT 93
Decision Date

CaseChat Overview and Summary

Veterinary Surgeons Board of Queensland v Griffin involved allegations of professional misconduct against Dr Victor Leslie Griffin. The Board referred several allegations to the Tribunal regarding Dr Griffin's conduct in his capacity as a veterinary surgeon. These included allegations that Dr Griffin supplied, dispensed and administered drugs, and treated horses, without keeping adequate records. Following an investigation and hearing, the Tribunal found the allegations substantiated. The Tribunal concluded that Dr Griffin's conduct constituted 'misconduct in a professional respect'. As such, the Tribunal was required to consider the appropriate action to be taken in response to these findings.

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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