Veterinary Surgeons Regulations 1987 (SA)

SOUTH AUSTRALIA

VETERINARY SURGEONS REGULATIONS, 1987

REGULATIONS UNDER THE VETERINARY SURGEONS ACT, 1985

Veterinary Surgeons Regulations, 1987

being

No. 128 of 1987: Gaz. 25 June 1987, p. 16501

as varied by

No. 223 of 1988: Gaz. 27 October 1988, p. 15512 No. 222 of 1990: Gaz. 1 November 1990, p. 14233 No. 31 of 1991: Gaz. 21 March 1991, p. 982

No. 211 of 1991: Gaz. 10 October 1991, p. 10444 No. 234 of 1993: Gaz. 27 October 1993, p. 18965 No. 144 of 1997: Gaz. 5 June 1997, p. 29236

No. 151 of 1998: Gaz. 25 June 1998, p. 27367

No. 208 of 1999: Gaz. 28 October 1999, p. 21158

1 Came into operation 1 July 1987: reg. 2.

2 Came into operation 1 November 1988: reg. 2.

3 Came into operation 1 November 1990: reg. 2.

4 Came into operation 1 November 1991: reg. 2.

5 Came into operation 1 November 1993: reg. 2.

6 Came into operation 5 June 1997: reg. 2.

7 Came into operation 25 June 1998: reg. 2.

8 Came into operation 28 October 1999: reg. 2.

N.B. The following regulation has been disallowed:

No. 22 of 1996: Gaz. 8 February 1996, p. 1097 disallowed on 29 May 1996 see

Gaz. 6 June 1996, p. 2875.

1. These regulations may be cited as the Veterinary Surgeons Regulations, 1987.

2. These regulations will come into operation on 1 July, 1987.

3. In these regulations, unless the contrary intention appears—

"the Act" means the Veterinary Surgeons Act, 1985:

"corresponding legislation" means legislation corresponding to the Act and in force in—

(a)	a State or Territory of Australia;
(b)	New Zealand;
or
(c)	the United Kingdom:

"primary registration" means an annual authorisation to provide veterinary treatment that has been granted under corresponding legislation subject to the payment of fees that have not been reduced by reason that the person to be so authorised holds such an authorisation in a place other than the place in which the corresponding legislation is in force.

4. For the purposes of section 24 of the Act, the following classes of treatment are excluded

from the operation of that section:

(a)	the deworming of an animal other than by intranasal oesophogeal tube;
(b)	the performance of the Mules operation on sheep;
(c)	the dehorning of an animal less than 6 months of age;
(d)	the castration or spaying of animals that are—
(i) less than 6 months of age;

and

(ii) being kept in the course of primary production;
(e)	the tailing of lambs that are less than six months of age;
(f)	the treating of an animal for ectoparasites;
(g)	thetreatmentofananimalbyaregisteredmedicalordentalpractitioner, physiotherapist or chiropractor under the supervision of a registered person;
(h)	the administration of an anaesthetic, drug or vaccine to an animal by any person under the direct supervision of a registered person;

(i) the artificial insemination of an animal by a person approved for the purpose under theStock Diseases Act, 1934;

(j)	the vaccination of an animal in circumstances authorized by the Stock Diseases Act, 1934, or the Stock Medicines Act, 1939;
(k)	the treatment of an animal for disease by an inspector appointed under the Stock Diseases Act, 1934, or the Meat Hygiene Act, 1980, in the course of the inspector’s duties;
(l)	the treatment of an animal by a person in pursuance of a licence under the Prevention of Cruelty of Animals Act, 1985;
and
(m)	the treatment of an animal, under the supervision of a registered person, by a person who is undertaking a course of instruction to obtain a qualification referred to in the second schedule.

5. For the purposes of section 25 of the Act—

(a)	a person may apply to the Board to be registered on the register of veterinary surgeons by completing the form set out in the first schedule in accordance with the instructions contained in that schedule;
and
(b)	the prescribed qualification are those set out in the second schedule.

6. For the purposes of section 27 of the Act—

(a)

the branches of veterinary surgery in relation to which a person may be registered on the register of specialists are as follows:

Veterinary Anaesthesiology

Veterinary Medicine

Veterinary Ophthalmology

Veterinary Pathobiology

Veterinary Radiology

Veterinary Reproduction

Veterinary Surgery;

(b)

the prescribed qualification for a branch of veterinary surgery referred to in paragraph (a) is a certificate of specialisation in that branch of veterinary surgery given by the Advisory Committee on Registration of Veterinary Specialist.

7. For the purposes of section 32 of the Act the return to be lodged by a veterinary surgeon that is a company must be in the form set out in the third schedule and must be completed in accordance with the instructions contained in that schedule.

8. For the purposes of section 38 of the Act, the prescribed fee is $175.00. 9. (1) For the purpose of section 39 of the Act, the prescribed fee is $5.00. (2) The Board may fix fees for the provision of a copy of the register or a part of the

register and for the recording of additional qualifications in the register.

10. (1) This regulation prescribes the registration fee, the reinstatement fee and the annual

practice fee under section 40 of the Act in respect of the 2000 calendar year and succeeding years.

(2) The prescribed registration fee is—

(a)	in the case of a natural person—$50.00;
(b)	in the case of a company—$300.00.

(3) The prescribed reinstatement fee is $50.00.

(4) Subject to this regulation, the annual practice fee is—

(a)

in the case of a person who is already registered—$175.00;

(b)

in the case of a person applying for registration or reinstatement—

(i)	where the fee is payable on or before 31 March—$175.00;
(ii)	where the fee is payable after the end of March but on or before 30 June—$145.00;
(iii)	where the fee is payable after the end of June but on or before 30 September—$125.00;
(iv)	where the fee is payable after the end of September but on or before 31 December—$95.00.

(5) Subject to this regulation, the annual practice fee payable by a person—

(a)	who had, in the year preceding the year referred to in subregulation (1), undertaken most of his or her veterinary practice in another State or Territory of the Commonwealth; and
(b)	who is registered as a veterinary practitioner in another State or Territory of the Commonwealth for the duration of the year referred to in subregulation (1),

is—

(c)

in the case of a person who is already registered—$95.00;

(d)

in the case of a person applying for registration or reinstatement—

(i)	where the fee is payable on or before 31 March—$95.00;
(ii)	where the fee is payable after the end of March but on or before 30 June—$75.00;
(iii)	where the fee is payable after the end of June but on or before 30 September—$65.00;
(iv)	where the fee is payable after the end of September but on or before 31 December—$45.00.

(6) Where the year referred to in subregulation (1) is varied to a subsequent calendar year, this regulation as in force immediately before the variation continues to apply in respect of the previous year.

11. For the purposes of section 56 of the Act, the prescribed information is as follows:

(a)	full details of the alleged negligence;
(b)	the nature of any treatment or procedure that is alleged to have been carried out negligently;
(c)	the place at which the alleged negligence occurred;
(d)	the time and date of the alleged negligence;
(e)	details of any court order in respect of the claim including the amount ordered to be paid as damages or other compensation;
(f)	details of any agreement to pay a sum of money in settlement of the claim including the amount agreed to be paid;
and
(g)	details of the injury or loss suffered by the claimant as a result of the alleged negligence.

12. A registered person shall not contravene, or fail to comply with, a provision of the rules

of conduct contained in the fourth schedule.

Penalty: $2 000.

FIRST SCHEDULE

Veterinary Surgeons Act, 1985

APPLICATION FOR REGISTRATION

PART 1—APPLICATION

1.	Full name:	.. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .
Address:	.. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. . .

Person to be contacted for further information: .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .

.. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .

.. .. .. .. .. .. .. .. .. .. .. .. . Telephone: .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. . .

2.          I apply/I apply on behalf of the above company to be registered on the register of veterinary surgeons under the Veterinary Surgeons Act, 1985.

Date. .. .. .. .. .. .. .. .. .. . Signed. .. .. .. .. .. .. .. .. .. .

INFORMATION

This form must be signed by the applicant, or, if the applicant is a company, by a director or secretary

authorized to sign on its behalf.

The application should be lodged, together with the appropriate fees, with: The Registrar, Veterinary

Surgeons Board.

PART 2—PARTICULARS

A.	Particulars in relation to a natural person
Full name: .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .
Residential address: .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. . .

.. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .

Postcode:. .. .. .. .. .. .. .. .. .. .. Telephone: .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. . .

Business address: .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. . .

.. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .

Postcode:. .. .. .. .. .. .. .. .. .. .. Telephone: .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. . .

1.          If currently registered, under corresponding legislation name the State, Territory or country of

registration .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. . .

.. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .

2.          If not currently registered, attach 2 references attesting to the applicant’s character and suitability for registration. At least one reference must be from a veterinary surgeon, registered under the Act or any corresponding legislation.

3.          Have you every been found guilty of an offence against the Act, or any corresponding legislation? If yes, please provide details of nature of offence, date of conviction or finding of guilt and penalty.

4.          Attach the following:

(a)	A photograph of the applicant. (The photograph must be of no less than passport size.)
(b)	Degree certificate by which the applicant claims eligibility for registration. (A copy of the degree certificate is acceptable but must be certified by a legal practitioner, official of an Australian Embassy or High Commission, a notary public or a justice of the peace. Certifying officer must include the officer’s name, business address and business telephone number in the certification.)
(c)	Documentary evidence of a legal name change if surname of applicant differs from that shown on degree certificate. (A copy of any such document to be certified, as in (b) above, as being a copy of the original document.)
(d)	Veterinary Surgeons Board questionnaire completed by the applicant.

I,. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. declare that the above

(insert full name)

particulars are true in every respect to the best of my knowledge, information and belief.

Dated the. .. .. .. .. .. .. .. .. .. .. .. . day of. .. .. .. .. .. .. .. .. .. .. . 19. .. .. . .

Signature. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .

B.

Particulars in relation to a company

1.

(a)	Company’s name:	.. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .
(b)	Registered office:	.. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .

.. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. . .

(c) Business address: .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .

.. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. . .

(d) Telephone number: .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. . .

.. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. . .

2. Date of incorporation: .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .

3.          State whether the company intends to practice in South Australia under its own name, or under a

business name and, if so, state the business name proposed to be used: .. .. .. .. .. .. .. .. .. .. . .

.. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .

4. (a) State the intended place of business or places of business of the company: .. .. .. .. .. .. .. .

.. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. . .

(b) State the intended principal place of business of the company:. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .

5.          State in relation to each director—

(a)	the director’s full name and usual residential address;
(b)	whether the director is registered under the Act;
(c)	if the director is not registered under the Act whether the director is a prescribed relative of a director who is registered and, if so, the particulars of the relationship;

and

(d) whether the director is a director of any other company which is registered under the Act and, if so, full particulars of that other directorship.

6.          Give particulars of the issued capital of the company specifying the number, class and nominal value of all shares on issue.

7.          State in relation to each person who is a member of the company or the beneficial owner of shares in the company—

(a)	the person’s full name and usual residential address;
(b)	whether the person is registered under the Act;
(c)	whether the person is a director or employee of the company or a prescribed relative of a person who is a director or employee of the company;

and

(d) the following particulars of all shares in the company held or owned beneficially by the person—

(i)               a description of the shares (including the number, nominal value and class);

(ii)              particulars of the voting rights (if any) exercisable at a meeting of the members of the company attached to the shares;

and
(iii)	if the person is not the holder of shares, the name and address of the holder and particulars of the nature of the beneficial ownership of the shares of the person.

I,. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. ., declare:

(insert full name and address)

(a)	that the above particulars are true in every respect to the best of my knowledge, information and belief;
and
(b)	that I am authorized by the company to make this application on its behalf.

Dated this. .. .. .. .. .. .. .. .. .. .. .. day of. .. .. .. .. .. .. .. .. .. .. .. . 19. .. . .

Signature. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. . .

Attach copy of memorandum and articles of association of the company.

SECOND SCHEDULE

PRESCRIBED QUALIFICATIONS

A.

Australia

Bachelor of Veterinary Science awarded by the University of Melbourne.

Bachelor of Veterinary Medicine and Surgery awarded by the Murdoch University.

Bachelor of Veterinary Science awarded by the University of Sydney.

Bachelor of Veterinary Science awarded by the University of Queensland.

New Zealand

Bachelor of Veterinary Science awarded by the Massey University of Manawatu.

United Kingdom

Bachelor of Veterinary Science awarded by the University of Bristol.

Bachelor of Veterinary Medicine awarded by the University of Cambridge.

Bachelor of Veterinary Science awarded by the University of Liverpool.

Bachelor of Veterinary Medicine awarded by the University of London.

Bachelor of Veterinary Medicine and Surgery awarded by the University of Edinburgh.

Bachelor of Veterinary Medicine and Surgery awarded by the University of Glasgow.

B.

Certificate of membership of the Royal College of Veterinary Surgeons awarded by examination;

C.

A degree in veterinary science, medicine or surgery awarded by an institution (not being an institution listed in group A) supported by a certificate issued by the National Office of Overseas Skills Recognition certifying that the applicant has satisfactorily completed the National Veterinary Examination conducted by the Australian Panel in Veterinary Science.

THIRD SCHEDULE

Veterinary Surgeons Act, 1985

ANNUAL RETURN OF A COMPANY REGISTERED AS A

VETERINARY SURGEON

1.          Name and Particulars of Practice

(a)	Name of company:	.. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. . .
(b)	Registered office:	.. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .

(c)

Principal address at which the practice is conducted:. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .

(d)	Full address of all other places where the practice is conducted:. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .
(e)	Business name (if any) under which the practice is carried on:. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .
(f)	Telephone number: .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. . .
(g)	This return relates to the period from. .. .. .. .. .. .. .. . 19 , to 30 June, 19. .. .. .. .

2.          Memorandum and Articles of Association

Have there been any amendments to either the Memorandum or Articles of Association of the company

during the period to which this return relates? If so, give particulars: .. .. .. .. .. .. .. .. .. .. .. .

.. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .

3.          Directors

In relation to every person who was at any time during the period to which this return relates a director of the company state:

(a)	the director’s full name and last usual residential address;
(b)	whether the director was a director during the whole of such period and, if not, the date upon which the director became or ceased to be a director (as the case may be);
(c)	whether the director was registered under the Act for the whole or part of any such period and, if part only, the period during which the director was so registered;
(d)	in the case of a director permitted to hold office by virtue of section 31 of the Act not being a registered veterinary surgeon, particulars of the director’s relationship to a director who is registered during the period to which the return relates;
(e)	whether the director was at any time during the period to which the return relates a director of any other company and, if so, full particulars of that other directorship.

4.          Shareholders

In relation to each person who was at any time during the period to which this return relates a member of the company or the beneficial owner of shares in the company state:

(a)	the person’s full name and last usual residential address;
(b)	in the case of a member whether he or she was a member during the whole of such period and, if not, the date upon which he or she became or ceased to be a member;
(c)	whether the person was registered under the Act and whether such registration was for the whole or part of such period and, if part only, the period during which such registration applied;
(d)	in the case of a person being a prescribed relative of a registered person who is a director or employee of the company, particulars of the person’s relationship to such director or employee;
(e)	the following particulars of all shares owned beneficially by such person at any time during such period:

(i)               a description of the shares (including the number, nominal value and class);

(ii)              particulars of the voting rights (if any) exercisable at a meeting of the members of the company attached to the shares;

(iii)             if the person was not the holder of the shares, the name and address of the holder and particulars of the nature of the beneficial ownership of the shares of such person;

(iv)             if such person became the beneficial owner of the shares at any time during such period, particulars of the date on which and circumstances in which such person became the beneficial owner of the shares;

and
(v)	if such person ceased to become the beneficial owner of the shares at any time during such period, particulars of the date on which and circumstances in which such person ceased to be the beneficial owner of the shares.

5.          Practice in Partnership

Has the company at any time during the period to which this return relates practised as a veterinary

surgeon in partnership with any other person? If so, give particulars: .. .. .. .. .. .. .. .. .. .. .. .

.. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .

I HEREBY DECLARE that the above statements are true in every particular to the best of my knowledge, information and belief.

Dated this. .. .. .. .. .. .. .. .. .. .. .. day of. .. .. .. .. .. .. .. .. .. .. .. .. .. 19. .. .. .

Signature of Director

FOURTH SCHEDULE

RULES OF CONDUCT

* * * * * * * * * *

2.	(1)	Subject to these rules, a registered person must not assume a name or description that would be taken by a reasonable person as meaning that the registered person holds a qualification, or has experience in, veterinary science, surgery or medicine unless the registered person actually holds that qualification or has that experience.
(2)	This rule does not prevent a registered person who is not the holder of a doctorate from assuming the title "Doctor".
3.	(1)	A registered person who—
(a)	gives a public speech;
or
(b)	publishes, by newspaper, radio or television, a report or notice,

relating to the practice of veterinary surgery must ensure that the speech, report or notice—

(c)	is not false or misleading;
(d)	does not compare the competence of any registered person with that of any other;
(e)	is not vulgar or sensational;
(f)	would not tend to bring the practice of veterinary surgery into disrepute.

* * * * * * * * * *

(2) In this rule "newspaper" includes magazine, journal or any other written publication.

4.          A registered person must not use, or permit the use of, the person’s name for the purpose of advertising any product.

* * * * * * * * * *

7.          A registered person must ensure that, at any time during which premises from which the person provides veterinary treatment are unattended—

(a) telephone enquiries directed to the premises are—

(i)               redirected in such a manner that they may be taken by a registered person;

or
(ii)	answered by recorded message specifying a telephone number by which a registered person may be contacted;
and

(b) there is displayed at or near the entrance to the premises a sign, illuminated during hours of darkness, specifying the name of a registered person and the telephone number at which that person may be contacted.

8.	(1)	Subject to subregulation (2), a registered person must not practise veterinary surgery in a name other than the person’s own name or a name approved by the Board.
(2)	Where a registered person was practising veterinary surgery at the time of his or her death, the practice may be conducted by another registered person for a period not exceeding 12 months from the date of death, in the name of the deceased person.
9.	(1)	A registered person must not practise veterinary surgery from premises that are used for any other commercial purpose.
(2)	This regulation does not prevent a registered person from selling, or offering or exposing for sale, products for the treatment and care of animals in the course of the person’s practice as a veterinary surgeon.

10.        A registered person must not practise veterinary surgery in a manner that would be likely to bring the practice of veterinary surgery into disrepute.

APPENDIX

LEGISLATIVE HISTORY

Transitional Provisions

(Transitional provision from Regulation No. 208 of 1999, reg. 5)

5. Regulation 10 of the principal regulations as in force immediately before the commencement of these

regulations continues to apply in respect of the 1999 calendar year.

Legislative History

Regulation 3: definition of "corresponding legislation" substituted by

234, 1993, reg. 3

definition of "primary registration" inserted by 234, 1993, reg. 3

Regulation 6:	varied by 31, 1991, reg. 2
Regulation 8:	varied by 144, 1997, reg. 3; 208, 1999, reg. 3
Regulation 9(1):	varied by 144, 1997, reg. 4
Regulation 10:	varied by 223, 1988, reg. 3; 222, 1990, reg. 3; 211, 1991, reg. 3; 234, 1993, reg. 4; 144, 1997, reg. 5; substituted by 208, 1999, reg. 4
Second schedule:	varied by 31, 1991, reg. 3
Fourth schedule

Clause 1:	revoked by 151, 1998, reg. 3(a)
Clause 3(g) and (h):	revoked by 151, 1998, reg. 3(b)
Clauses 5 and 6:	revoked by 151, 1998, reg. 3(c)