Veterinary Surgeons Act 1936
Veterinary Surgeons Regulation 2002
Part 1
Preliminary
1
Short title
This regulation may be cited as the
Veterinary Surgeons Regulation 2002
.
2
Commencement
This regulation commences on 1 September 2002.
Part 2
Acts that are not veterinary science
3
Acts not veterinary science—Act, s 2A
(1)
For section 2A
(3) of the Act, the following acts done for animal husbandry or animal dentistry are not veterinary science—
(a)
castrating—
(i)
cattle or sheep of less than 6 months; or
(ii)
goats of less than 2 months; or
(iii)
pigs of less than 3 weeks;
(b)
dehorning—
(i)
cattle of less than 6 months; or
(ii)
goats or sheep of less than 3 months;
(c)
spaying cattle using the Willis dropped-ovary technique;
(d)
tailing sheep of less than 6 months;
(e)
mulesing sheep of less than 1 year;
(f)
filing or rasping a horse’s teeth;
(g)
artificial insemination of cattle, deer, goats, pigs or sheep;
(h)
teaching techniques about pregnancy testing of cattle by a veterinary surgeon to an owner of cattle.
(2)
In this section—
prescribed instrument, for the Willis dropped-ovary technique, means an instrument made of stainless steel that has—
(a)
a handle in the shape of the letter ‘T’; and
(b)
at its other end, a flattened spearhead with a slit that—
(i)
is in the forward end of the spearhead; and
(ii)
has a sharp edge at the end of the slit closest to the forward end of the spearhead; and
(iii)
joins an oval hole at the other end of the slit.
Willis dropped-ovary technique means a technique for spaying cattle that involves dropping ovaries into the abdomen by using a prescribed instrument to—
(a)
enter the abdomen by piercing the wall of the vagina with the instrument’s spearhead; and
(b)
place each ovary, by rectal manipulation, in the oval hole in the instrument’s spearhead; and
(c)
sever the ovaries with the sharp edge of the slit in the instrument’s spearhead by retracting the instrument.
s 3
amd 2010 SL No. 355
s 10
Part 3
Procedures for elections of board members
Division 1
Preliminary
4
Definitions for pt 3
In this part—
ballot envelope see section 12
(b).
election day means the day appointed by the board by resolution, under section 8
(2) of the Act, for the holding of a triennial election of the elected members of the board.
nomination day and time means the day and time stated in a notice published under section 6.
return envelope see section 12
(c).
s 4
amd 2009 SL No. 176
s 40
Division 2
Notice of election and nomination procedure
5
Notice of election
(1)
The registrar must give each veterinary surgeon written notice of the election day.
(2)
The notice must be given at least 3 months before the election day.
6
Notice calling for nominations
(1)
The registrar must cause a notice to be published inviting veterinary surgeons to nominate a candidate for election to the board.
(2)
The notice must—
(a)
state the day and time by which a nomination of a candidate for election to the board must be received by the returning officer; and
(b)
be published—
(i)
at least 28 days before the day by which nominations must be received by the returning officer; and
(ii)
in 2 newspapers circulating generally throughout the State.
7
Requirements for nominations
(1)
A nomination of a candidate for election to the board must—
(a)
nominate 1 candidate only; and
(b)
state the full name of the candidate; and
(c)
be signed by—
(i)
the candidate; and
(ii)
3 or more other veterinary surgeons; and
(d)
be received by the returning officer before the nomination day and time.
(2)
A nomination may be accompanied by the candidate’s written statement.
(3)
A statement mentioned in subsection (2) must not be more than 200 words.
Division 3
Procedure if only 1 or 2 candidates nominated
8
Candidates elected unopposed
If only 1 or 2 candidates are nominated by the nomination day and time—
(a)
the returning officer is not required to conduct a ballot for the election; and
(b)
the candidates are elected to the board unopposed.
Editor’s note—
See also section 9 (Power of Governor in Council on failure to elect) of the Act.
9
Returning officer to give notice to elected candidates
(1)
The returning officer must give written notice to the candidates elected to the board under section 8.
(2)
Also, the returning officer must, at the first reasonable opportunity, give each veterinary surgeon written notice of the persons elected to the board under section 8.
Division 4
Procedure if more than 2 candidates nominated
10
Returning officer to conduct ballot
If more than 2 candidates are nominated by the nomination day and time, the returning officer must conduct a ballot for the election under this division.
11
Voting material
(1)
The returning officer must send the following things (the voting material) to each veterinary surgeon—
(a)
a ballot paper;
(b)
an unsealed envelope for the ballot paper;
(c)
an unsealed envelope addressed to the returning officer.
(2)
The ballot paper must—
(a)
state the election day; and
(b)
list, in alphabetical order, the name of each candidate; and
(c)
provide instructions on how a veterinary surgeon may cast a vote; and
(d)
be initialled by the returning officer; and
(e)
be accompanied by any statements submitted by the candidates.
(3)
The voting material must be sent to each veterinary surgeon at least 28 days before the election day.
12
How votes are cast
A veterinary surgeon may vote only by—
(a)
marking a ballot paper with a cross opposite the name of 1 or 2 candidates; and
(b)
putting the ballot paper in the unsealed envelope for the ballot paper (the ballot envelope) and sealing the ballot envelope; and
(c)
putting the ballot envelope in the unsealed envelope addressed to the returning officer (the return envelope) and sealing the return envelope; and
(d)
signing and writing the veterinary surgeon’s name on the return envelope; and
(e)
returning the return envelope to the returning officer before the election day.
13
Returning officer must keep ballot box
(1)
The returning officer must keep a ballot box for the election.
(2)
On receiving a valid return envelope, the returning officer must—
(a)
take the ballot envelope out of the return envelope; and
(b)
place the ballot envelope in the ballot box.
(3)
The ballot box must be sealed in a way that prevents ballot envelopes from being taken from it until the votes are counted.
(4)
In this section—
valid return envelope means a sealed return envelope that—
(a)
contains a ballot envelope; and
(b)
has the name and signature of a veterinary surgeon on it.
14
Candidate may appoint scrutineer
(1)
A candidate may appoint 1 scrutineer for the election.
(2)
The candidate must give written notice of the appointment to the returning officer at least 5 days before the election day.
15
Returning officer must count votes
(1)
On the election day, the returning officer must, in the presence of any scrutineer appointed under section 14—
(a)
open each ballot envelope in the ballot box kept for the election; and
(b)
accept each formal ballot paper and reject each informal ballot paper; and
(c)
count and record the number of votes for each candidate on the accepted ballot papers.
(2)
However, the returning officer may accept an informal ballot paper if, in the opinion of the returning officer, the intention of the voter is clear.
(3)
In this section—
formal ballot paper means a ballot paper marked as required under section 12
(a).
informal ballot paper means a ballot paper not marked as required under section 12
(a).
16
Candidates with highest votes elected
(1)
The 2 candidates with the highest number of votes are elected to the board.
(2)
If 2 or more candidates receive the same number of votes so that either of the 2 candidates entitled to be elected under subsection (1) can not be decided, the returning officer must conduct a draw to decide which of the candidates with the same number of votes are elected.
(3)
The returning officer must conduct the draw by completing the following steps in the presence of an officer of the board and any scrutineer appointed under section 14—
(a)
writing the names of the candidates with the same number of votes on separate pieces of paper that are the same kind, shape, size and colour;
(b)
folding the pieces of paper in the same way to be the same size and thickness;
(c)
putting the pieces of paper in a container and shuffling them;
(d)
drawing out the number of pieces of paper required to decide which candidate or candidates are elected.
17
Returning officer to give notice to candidates
(1)
The returning officer must give each candidate written notice of the candidates elected under section 16.
(2)
Also, the returning officer must, at the first reasonable opportunity, give each veterinary surgeon written notice of the candidates elected under section 16.
18
Ballot papers to be kept
(1)
The returning officer must keep the ballot papers placed in the ballot box under section 13
(2) for 3 months from the election day.
(2)
At the end of the 3 month period the returning officer must destroy the ballot papers in the presence of a member or officer of the board.
19
Form of registers—Act, s 16
s 19
om 2008 SL No. 330
s 3
Part 4
Matters about veterinary surgeons
20
Primary and secondary registration
(1)
This section applies to each of the following persons—
(a)
a person entitled to be registered as a veterinary surgeon under section 18 of the Act;
(b)
a veterinary surgeon entitled to be registered as a veterinary specialist under section 19C of the Act.
(2)
The person may apply for—
(a)
primary registration, if the majority of the person’s veterinary practice is carried on in Queensland; or
(b)
secondary registration, if the majority of the person’s veterinary practice is carried on in another State or a Territory.
21
Veterinary qualifications and prescribed examinations—Act, s 18
(1)
The following qualifications are recognised for section 18(1)
(a) of the Act—
(a)
a degree or diploma accredited by a body mentioned in schedule 1, part 1;
(b)
membership of a body mentioned in schedule 1, part 2 if the membership is obtained by examination by the body.
(2)
A degree or diploma mentioned in schedule 1, part 3 is recognised for section 18(1)
(b) of the Act.
(3)
For section 18(2)
(a) of the Act, the prescribed period is 3 months.
(4)
For section 18(2)(b) of the Act, the prescribed examinations are—
(a)
each of the following examinations conducted by the Australasian Veterinary Boards Council Incorporated—
(i)
an occupational English test with particular reference to veterinary science;
(ii)
a written multiple choice examination in veterinary science about—
(A)
companion animals; and
(B)
agricultural animals; and
(C)
public health and pathology;
(iii)
a clinical examination in veterinary science; and
(b)
the examinations conducted by the Veterinary Council of New Zealand that are recognised by the Australasian Veterinary Boards Council Incorporated as similar or equivalent to the examinations mentioned in paragraph (a).
s 21
amd 2008 SL No. 330
s 4
22
Specialist veterinary qualifications—Act, s 19C
The qualifications mentioned in schedule 2 are recognised for section 19C(1)(c) of the Act.
23
Veterinary specialties—Act, s 19D
For section 19D of the Act, the following branches of veterinary science are veterinary specialties—
(a)
a veterinary specialty stated in schedule 2A;
(b)
a veterinary specialty, other than a veterinary specialty mentioned in paragraph (a), recognised by the Australasian Veterinary Boards Council Incorporated as providing the person qualified in the specialty with eligibility for registration as a specialist veterinary surgeon in Australia and New Zealand.
Editor’s note—
For veterinary specialties recognised under paragraph (b), see the board’s website at <www.vsb.qld.gov.au>.
s 23
sub 2008 SL No. 330
s 5
Part 5
Miscellaneous provisions
24
Veterinary surgeon to display sign
(1)
A veterinary surgeon must display a sign including the following information at veterinary premises where the veterinary surgeon practises veterinary science—
(a)
the veterinary surgeon’s name;
(b)
whether the veterinary surgeon is a veterinary surgeon or veterinary specialist;
(c)
the veterinary surgeon’s qualifications as recorded in—
(i)
the register of veterinary surgeons; or
(ii)
if the veterinary surgeon is a veterinary specialist—the register of veterinary specialists.
Maximum penalty—10 penalty units.
(2)
However, a veterinary surgeon is not required to comply with subsection (1) for premises where the veterinary surgeon practices veterinary science in a temporary capacity, or in locum tenens, for not more than 30 days.
25
Record of treatment of animals
(1)
A veterinary surgeon must, for each animal treated by the veterinary surgeon, keep a record including—
(a)
the animal’s identifying details; and
(b)
the following information for each consultation about the animal—
(i)
details of any condition or injury of the animal;
(ii)
any provisional or definitive diagnosis;
(iii)
full details, including the date, of any examination, procedure or test performed;
(iv)
full details of any treatment given, including details of any drugs administered or dispensed;
(v)
results of any treatment given;
(vi)
details of any instructions given when the animal is discharged.
Maximum penalty—10 penalty units.
(2)
The veterinary surgeon must keep the record for 3 years from the day the last information about the animal is included in the record.
Maximum penalty—10 penalty units.
26
Record of continuing education
(1)
A veterinary surgeon must keep a record of continuing education undertaken by the veterinary surgeon.
(2)
The record must be kept—
(a)
in the approved form; and
(b)
for 3 years from the day the continuing education is undertaken.
27
Common seal of the board
(1)
The common seal of the board must include—
(a)
the board’s name; and
(b)
the State’s coat of arms.
(2)
The common seal may be attached to documents only under the authority of—
(a)
the chairperson in writing; or
(b)
a resolution of the board.
28
Prescribed drugs and poisons—Act, s 25
Each controlled or restricted drug, or poison, under the
Health (Drugs and Poisons) Regulation 1996
is prescribed for section 25, definition disqualifying offence, paragraph (e), of the Act.
29
Fees
(1)
The fees payable under the Act are stated in schedule 3.
(2)
However, a public service officer is exempt from payment of a fee stated in schedule 3, item 1, 7 or 8.
s 29
amd 2010 SL No. 91
s 3
Schedule 1
Veterinary qualifications
sections 21
(1)
(a) and (b) and (2)
Part 1
Accrediting bodies for degrees or diplomas recognised for the Act, section 18
(1)
(a)
1
American Veterinary Medical Association, if a pass in the North American Veterinary Licensing Examination, conducted by the National Board Examination Committee, or the National Board and Clinical Competency Test Examination, is also obtained
2
Educational Commission for Foreign Veterinary Graduates, if a pass in the Educational Commission for Foreign Veterinary Graduates Examination conducted in Canada or the United States of America is also obtained
3
European Association of Establishments for Veterinary Education
4
Royal College of Veterinary Surgeons, United Kingdom
5
Veterinary Schools Accreditation Advisory Committee
Part 2
Memberships recognised for the Act, section 18
(1)
(a)
1
Royal College of Veterinary Surgeons, United Kingdom
Part 3
Degrees or diplomas recognised for the Act, section 18
(1)
(b)
1
a degree or diploma awarded after at least 4 years study at a veterinary school listed in the World Directory of Veterinary Schools or a veterinary school that is part of a college or university listed in the World List of Universities or the AVMA-Listed Veterinary Colleges, other than a degree or diploma accredited by a body mentioned in part 1
Editor’s notes—
The World Directory of Veterinary Schools is published by the World Health Organisation.
The World List of Universities is published by the International Universities Bureau.
The AVMA-Listed Veterinary Colleges is published by the American Veterinary Medical Association.
sch 1 amd 2008 SL No. 330 s 6
Schedule 2
Specialist veterinary qualifications
section 22
Part 1
Qualifications
1
A diploma obtained from any of the following—
(a)
the American College of Veterinary Internal Medicine;
(b)
the American College of Veterinary Surgeons;
(c)
the American College of Theriogenology;
(d)
the American College of Veterinary Radiology;
(e)
the American College of Veterinary Anaesthesiologists;
(f)
the American College of Veterinary Ophthalmology;
(g)
the American College of Veterinary Pathologists;
(h)
the Royal College of Veterinary Surgeons.
2
Fellowship of the Australian College of Veterinary Scientists if the fellowship is obtained by examination by the college.
3
A postgraduate degree or diploma recognised by the advisory committee as equivalent to a qualification mentioned in item 1 or 2.
Part 2
Definition
In this schedule—
advisory committee means the standing committee of the Australasian Veterinary Boards Council Incorporated known as the Advisory Committee on Registration of Veterinary Specialists.
sch 2 amd 2012 SL No. 92 s 34
Schedule 2A
Veterinary specialties
section 23
(a)
Animal behaviour
Veterinary anaesthesia
Veterinary cardiology
Veterinary dentistry
Veterinary dermatology
Veterinary emergency and critical care
Veterinary medicine
Veterinary microbiology
Veterinary neurology
Veterinary nutrition
Veterinary oncology
Veterinary ophthalmology
Veterinary parasitology
Veterinary pathology
Veterinary pharmacology
Veterinary preventive medicine
Veterinary public health
Veterinary radiology
Veterinary reproduction
Veterinary surgery
Veterinary toxicology
Zoological medicine
sch 2A ins 2008 SL No. 330 s 7
Schedule 3
Fees
section 29
(1)
$
1
Registration as—
(a)
a veterinary surgeon
75.00
(b)
a veterinary specialist
150.20
(c)
a veterinary surgeon for a limited period, under section 19B of the Act
29.80
2
Restoration of name, under section 17
(5) of the Act, to—
(a)
the register of veterinary surgeons
135.05
(b)
the register of veterinary specialists
135.05
3
Duplicate certificate of registration
44.80
4
Fee under section 18A
(2) of the Act for an application for an approval, for each 12-month period
165.15
5
Fee under section 19E
(2)
(b) of the Act for an application for special registration as—
(a)
a veterinary surgeon
75.00
(b)
a veterinary specialist
150.20
6
Fee under section 19E
(3)
(a) of the Act for special registration as—
(a)
a veterinary surgeon
165.15
(b)
a veterinary specialist
165.15
7
Annual fee—
(a)
for a veterinary surgeon who—
(i)
is 55 years or older; and
(ii)
is not engaged in the practice of veterinary science; and
(iii)
is resident in the Commonwealth
53.85
(b)
for another veterinary surgeon
165.15
8
Additional annual fee for a veterinary specialist
165.15
9
Fee under section 25A
(2)
(c) of the Act for an approval to use premises as veterinary premises—
(a)
for the application
150.20
(b)
for an inspection mentioned in section 25B
(b) of the Act, if the board gives a written notice under that section
300.55
sch 3 sub 2003 SL No. 239 s 12; 2004 SL No. 231 s 18; 2005 SL No. 268 s 18; 2006 SL No. 267 s 21; 2007 SL No. 232 s 24; 2008 SL No. 314 s 37; 2009 SL No. 176 s 41
amd 2010 SL No. 91 s 4
sub 2010 SL No. 268 s 15; 2011 SL No. 110 s 28; 2012 SL No. 92 s 35; 2013 SL No. 102 s 27; 2014 SL No. 113 s 30; 2015 SL No. 57 s 28