Veterinary Practice Act 2005

Revocation or suspension of certificate of suitability.

114

114.—(1) The Council may revoke a certificate of suitability if—

( a) the certificate holder so requests,

( b) the certificate holder—

(i) has ceased to be registered under Part 4 or 8,

(ii) obtained the certificate of suitability through false statements or any other irregular means,

(iii) ceases to practise veterinary medicine or veterinary nursing, as the case may be, at the premises,

(iv) is convicted of an offence under any provision of this Act,

(v) is prohibited or suspended from the practice of veterinary medicine or veterinary nursing, as the case may be, either under Part 7, or provisions corresponding to those contained in Part 7 that apply in another state, from practising in the veterinary profession by reason of a conviction for an offence or serious misconduct in connection with the carrying out of professional duties,

( c) an authorised officer cannot duly carry out an inspection under section 117(2) because he or she has been refused entry to all or part of the premises to which the certificate relates, or

( d) since the grant of the certificate of suitability concerned, the circumstances relevant to that grant have changed and are such that, if a similar application for a certificate of suitability were made in the changed circumstances, it would be refused.

(2) A revocation to which subsection (1)(a) relates shall have effect upon receipt of the request for the revocation by the Council from the certificate holder.

(3) The Council may suspend a certificate of suitability for a period not exceeding 12 months if—

( a) in the opinion of the Council, either public health or health safety or welfare of animals requires the suspension without delay,

( b) in the opinion of the Council, it is required to investigate complaints made to it, which if verified, could result in the revocation of the certificate of suitability under subsection (1) , or

( c) a fee prescribed under section 33(1) is not duly paid.

(4)  ( a) A suspension under subsection (3)(a) shall have effect as soon as the Council notifies the certificate holder concerned in writing or the certificate holder receives a notification under subsection (5), whichever first occurs.

( b) A suspension of a certificate of suitability under subsection (3) may be revoked at any time by the Council.

(5) Whenever the Council proposes to revoke or suspend or has suspended a certificate of suitability under this section, other than under subsection (1)(a), it shall notify the certificate holder in writing of the proposal or suspension and the reasons for it.

(6) The notification under subsection (4)(a) or (5) as the case may be shall state that the certificate holder concerned may make representations to the Council in relation to the suspension or the proposal to revoke or suspend, as the case may be, not later than 21 days after the notification.

(7) If after the expiration of 21 days from the notification under subsection (5), and having considered any representations made to it under subsection (6), the Council decides—

( a) to continue the suspension of or revoke or suspend, the certificate of suitability, or,

( b) lift the suspension of or revoke or suspend, the certificate of suitability,

it shall notify the certificate holder in writing of its decision.

(8) A certificate holder who receives a notification to which subsection (7)(a) relates may appeal to the District Court against the decision specified in the notification within a period of 21 days beginning on the date of such receipt.

(9) On hearing of an appeal by the certificate holder to whom the decision relates, the District Court may—

( a) make an order affirming or setting aside any decision of the Council in relation to matters referred to in subsection (7) ,

( b) make an order remitting the decision of the Council in relation to matters referred to in subsection (7), with or without directions to the Council, for reconsideration by it and the making of a new decision in relation to the matter, or

( c) make any other order that it considers appropriate.

(10) ( a) Where no appeal is made under subsection (8), the decision of the Council shall, except where subsection (4)(a) applies, take effect after the expiry of the period referred to in subsection (8).

( b) Where an appeal is made under subsection (8), the decision of the Council shall, except where subsection (4)(a) applies, stand suspended until the appeal is determined or withdrawn.