Veterinary Surgeons Regulation 2016

1Short title

This regulation may be cited as the Veterinary Surgeons Regulation 2016.

2Commencement

This regulation commences on 1 September 2016.

3Particular acts are 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.

4Definitions for part

In this part—

ballot envelope see section 12(b).

election day means the day appointed by the board under section 8(2) of the Act.

nomination day see section 6(2).

nomination time see section 6(2).

return envelope see section 12(c).

returning officer see section 8(4) of the Act.

5Notice of election

(1)The returning officer 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.

6Calling for nominations

(1)The returning officer must publish a notice inviting veterinary surgeons to nominate a candidate for election to the board.

(2)The notice must—

(a)state a day (the nomination day) and time (the nomination time) by which nominations must be given to the returning officer; and

(b)be published—

(i)at least 28 days before the nomination day; and

(ii)in 2 newspapers circulating generally throughout the State.

7Requirements 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 given to the returning officer before the nomination time on the nomination day.

(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.

8Candidates elected unopposed

If only 1 or 2 candidates are nominated under this part—

(a)the returning officer is not required to conduct a ballot for the election; and

(b)the candidates are elected to the board unopposed.

Note—

See also section 9 (Power of Governor in Council on failure to elect) of the Act.

9Returning officer to give notice to elected candidates

(1)The returning officer must give written notice to each candidate elected to the board under section 8 stating that the candidate is elected to the board under that section.

(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.

10Returning officer to conduct ballot

If more than 2 candidates are nominated under this part, the returning officer must conduct a ballot for the election under this division.

11Voting 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 under section 7(2).

(3)The voting material must be sent to each veterinary surgeon at least 28 days before the election day.

12How votes are cast

A veterinary surgeon may vote only by completing the following steps—

(a)marking a ballot paper with a cross opposite the name of 1 or 2 candidates;

(b)putting the ballot paper in the unsealed envelope for the ballot paper (the ballot envelope) and sealing the ballot envelope;

(c)putting the ballot envelope in the unsealed envelope addressed to the returning officer (the return envelope) and sealing the return envelope;

(d)signing and writing the veterinary surgeon’s name on the return envelope;

(e)returning the return envelope to the returning officer before the election day.

13Returning 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 the sealed return envelope.

14Candidate 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.

15Returning 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).

16Candidates 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.

17Returning officer to give notice to candidates

(1)The returning officer must give each candidate for the election written notice stating which candidates were 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.

18Ballot 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 after 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.

20Veterinary qualifications and prescribed examinations—Act, s 18

(1)Each of the following qualifications is 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; or

(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).

21Specialist veterinary qualifications—Act, s 19C

The qualifications mentioned in schedule 2 are recognised for section 19C(1)(c) of the Act.

22Veterinary specialties—Act, s 19D

(1)This section prescribes branches of veterinary science to be veterinary specialties for section 19D of the Act.

(2)Any branch of veterinary science recognised by the Australasian Veterinary Boards Council Incorporated as a specialty providing a person qualified in the specialty with eligibility for registration as a specialist veterinary surgeon in Australia and New Zealand is prescribed.

Editor's note—

For veterinary specialties recognised under subsection (2), see the board’s website at www.vsb.qld.gov.au.

23Veterinary 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.

24Record 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.

25Record of continuing education

(1)A veterinary surgeon must keep a record of continuing education carried out 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 carried out.

26Common 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 written authority of the chairperson or a resolution of the board.

27Prescribed drugs and poisons—Act, s 25

For section 25 of the Act, definition disqualifying offence, paragraph (e), the following drugs and poisons are prescribed—

(a)a substance that is a medicine, poison or prohibited substance under the Medicines and Poisons Act 2019; or

(b)a substance that was a controlled drug, restricted drug or poison under the repealed Health (Drugs and Poisons) Regulation 1996.

s 27 sub 2021 SL No. 140 s 263 sch 23

28Fees

The fees payable under the Act are stated in schedule 3.

s 28 amd 2018 SL No. 98 s 26

29Continuation of record of treatment

(1)This section applies to a record kept immediately before the commencement under the Veterinary Surgeons Regulation 2002, section 25.

(2)On the commencement, the record is taken to be a record for section 24.

30Continuation of record of continuing education

(1)This section applies to a record kept immediately before the commencement under the Veterinary Surgeons Regulation 2002, section 26.

(2)On the commencement, the record is taken to be a record for section 25.

section 20(1)(a) and (b) and (2)

1American 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

2Educational 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

3European Association of Establishments for Veterinary Education

4Royal College of Veterinary Surgeons, United Kingdom

5Australasian Veterinary Boards Council Incorporated

1Royal College of Veterinary Surgeons, United Kingdom

1a degree or diploma awarded after at least 4 years study at a veterinary school listed in the World Directory of Veterinary Schools published by the World Health Organization 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 of the World, other than a degree or diploma accredited by a body mentioned in part 1

Editor's note—

For copies of the World Directory of Veterinary Schools, the World List of Universities and the AVMA Listed Veterinary Colleges of the World, see the board’s website at www.vsb.qld.gov.au.

sch 1 amd 2018 SL No. 77 s 18

section 21

1A 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 Theriogenologists;

(d)the American College of Veterinary Radiology;

(e)the American College of Veterinary Anesthesia and Analgesia;

(f)the American College of Veterinary Ophthalmologists;

(g)the American College of Veterinary Pathologists;

(h)the Royal College of Veterinary Surgeons.

2Fellowship of the Australian and New Zealand College of Veterinary Scientists, if the fellowship is obtained by examination by the college.

3A postgraduate degree or diploma recognised by the advisory committee as equivalent to a qualification mentioned in item 1 or 2.

In this schedule—

advisory committee means the standing committee of the Australasian Veterinary Boards Council Incorporated known as the Advisory Committee on the Registration of Veterinary Specialists.

section 28

sch 3 sub 2017 SL No. 111 s 24; 2018 SL No. 98 s 27; 2019 SL No. 127 s 29; 2020 SL No. 152 s 24; 2021 SL No. 85 s 27