This guideline outlines the appropriate standard expected of a registered veterinary practitioner in the course of veterinary practice. It should be read in conjunction with other related guidelines.

Context to Guideline 3: Treatment obligations

Under Section 9 of the Prevention of Cruelty to Animals Act 1986 (POCTA), a person who does or omits an act, with the result that unreasonable pain or suffering is caused, or is likely to be caused, to an animal, commits an act of cruelty.

Consistent with this legal obligation, a veterinary practitioner must provide first aid or pain relief to minimise or alleviate the unreasonable or unnecessary pain or distress of an animal presented to them for emergency attention. The treatment or action taken by the veterinary practitioner should acknowledge the emergency nature of the circumstance and must not be delayed or withheld while payment for treatment is negotiated. The obligation to treat through the provision of first aid and/or pain relief exists irrespective of whether:

• the person bringing the animal to the veterinary practitioner is its owner
• the person bringing the animal to the veterinary practitioner has an established relationship with the veterinary practitioner and/or has previously attended their veterinary facilities
• the animal is a stray, is lost or the owner is unknown, or
• the animal is an undomesticated or exotic species but not a declared pest animal.

The provision of first aid and pain relief includes carrying out euthanasia where it is determined to be the most appropriate management option for the animal’s condition and ongoing wellbeing.

A declared animal pest presented to a veterinary practitioner for treatment must be euthanased as soon as practical.

A veterinary practitioner has no statutory obligation to accept an animal for treatment other than in the emergency situation described above. Where a veterinary practitioner chooses not to treat an animal, their reason for doing so should be discussed with the owner of the animal including what alternative service options may be available. A record of the discussion should be made in the clinical record.

Under section 9(1)(c) of the POCTA Act, veterinary practitioners have a general responsibility to ensure that their acts (or omissions) do not cause unreasonable pain or suffering to animals under their care. As an example, a veterinary practitioner has a responsibility to provide first aid or pain relief to an animal that is physically presented to them, if such treatment is needed to relieve the animal's suffering.

Veterinary practitioners have emergency powers under section 24D of the POCTA Act to destroy an animal:

• that is behaving in such a manner and there are such circumstances that the veterinary practitioner reasonably believes that the animal is likely to cause death or serious injury to any person or another animal, or
• that is abandoned, distressed or disabled if the veterinary practitioner reasonably believes that the animal's condition is such that it would continue to suffer if it remained alive.

Veterinary practitioners should assess sick or injured stray animals presented to them:

• Does the animal need pain relief or first aid for any injuries or condition? If yes, the veterinary practitioner should provide the required pain relief or first aid. Failure to provide pain relief or first aid may be in breach of section 9(1)(c) of the Prevention of Cruelty to Animals (POCTA) Act 1986 (section 9(1)(c).
• Do they reasonably believe that the animal's condition is such that it would continue to suffer if it remained alive? If yes, they must euthanise the animal or arrange for another veterinary practitioner or person authorised under the POCTA Act to euthanise the animal (section 24D POCTA Act).

While veterinary practitioners are obliged to provide pain relief or first aid to an injured stray animal presented to them, they are not legally required to either find an owner by scanning the animal’s microchip or accept the animal into their care:

• If the owner of the stray animal is unknown, then after any necessary pain relief or first aid is provided to the animal, section 84D(1) of the Domestic Animals Act 1981 (DA Act) requires that the animal must be delivered to a council authorised officer or to a person or organisation that has a written agreement with the local council (under section 84Y of the DA Act) to support the capture, holding, rehoming or disposal of dogs and cats. Persons or organisations with “84Y agreements” include shelters, Community Foster Care Networks (CFCN) and foster carers, and some veterinary practices.
• If the animal's microchip is scanned and their owner identified, a veterinary practitioner can either choose to reunite the animal with its owner following the process for doing this under the DA Act (with the exception of dangerous dogs and some other exceptions outlined in the process) or deliver the animal to a local council or organisation with an 84Y agreement as outlined above. Process for reuniting lost pets: Information for participating vets and animal shelters – Agriculture Victoria.

IMPORTANT: When treating, euthanising or providing first aid to a sick or injured stray animal, a veterinary practitioner should consider workplace health and safety regulations and protocols and other other rules to ensure there is no risk to their own or others' health and safety. There are specific rules around treatment of animals potentially affected with notifiable or emergency animal diseases diseases, e.g. only vets with a current rabies vaccination can handle bats or other animals potentially infected with Australian Bat Lyssavirus and they must wear appropriate personal protective equipment (such as gloves, face mask or eye protection). 

Veterinary practitioners should assess sick or injured stray animals presented to them:

• Does the animal need pain relief or first aid for any injuries or condition? If yes, the veterinary practitioner should provide the required pain relief or first aid. Failure to provide pain relief or first aid may be in breach of section 9(1)(c) of the Prevention of Cruelty to Animals (POCTA) Act 1986.
• Do they reasonably believe that the animal's condition is such that it would continue to suffer if it remained alive? If yes, they must euthanise the animal or arrange for another veterinary practitioner or person authorised under the POCTA Act to euthanise the animal (Section 24D POCTA Act).

If animal requires other veterinary care a veterinary practitioner may, after providing any needed pain relief or first aid, refer the person who presented the animal to another vet who is equipped for and experienced in treating that animal species.

IMPORTANT: When treating, euthanising or providing first aid to a sick or injured stray animal, a veterinary practitioner should consider workplace health and safety regulations and protocols to ensure there is no risk to their own or others' health and safety. Note that there are specific rules around treatment of animals potentially affected with notifiable or emergency animal diseases diseases. For example, only vets with a current rabies vaccination can handle bats or other animals potentially infected with Australian Bat Lyssavirus and they must wear appropriate personal protective equipment (such as gloves, face mask or eye protection).

Wildlife shelters and foster carers that receive sick, injured or orphaned wildlife must ensure that, within 48 hours, the wildlife is assessed by a veterinarian or a person experienced in diagnosing illnesses, diseases and injuries in the species (Veterinary care for wildlife, Department of Energy, Environment and Climate Action (DEECA)).

IMPORTANT: When treating, euthanising or providing first aid to wildlife, a veterinary practitioner should consider workplace health and safety regulations and protocols to ensure there is no risk to their own or others' health and safety. There are also specific rules around treatment of wildlife potentially affected with notifiable or emergency animal diseases diseases, e.g. all bats should be treated as if they are carrying Australian bat lyssavirus (ABLV). Only vets with a current rabies vaccination can handle bats or other animals potentially infected with ABLV, and they must wear appropriate personal protective equipment (such as gloves, face mask or eye protection). More information: Rabies and Australian bat lyssavirus, Agriculture Victoria. 

Otherwise, when presented with wildlife, veterinary practitioners should assess the animal:

• Does the animal need pain relief or first aid for any injuries or condition? If yes, the veterinary practitioner should provide the required pain relief or first aid. Failure to provide pain relief or first aid may be in breach of section 9(1)(c) of the Prevention of Cruelty to Animals (POCTA) Act 1986.
• Do they reasonably believe that the animal's condition is such that it would continue to suffer if it remained alive? If yes, they must euthanise the animal or arrange for another veterinary practitioner or person authorised under the POCTA Act to euthanise the animal (section 24D POCTA Act). Other specific circumstances in which wildlife (and wild introduced species) must be humanely euthanised are listed in the factsheet on the webpage, Veterinary care for wildlife, Department of Environment, Land, Water and Planning (DEECA).

If wildlife requires other veterinary care (instead of or in addition to pain relief or first aid), then after providing any needed pain relief or first aid a veterinary practitioner can refer the person who’s presented the animal to another vet who is experienced in treating that animal species.

It is considered inhumane to take an animal from the wild and keep it in captivity permanently. After receiving veterinary care, wildlife should be given to an authorised wildlife shelter operator or wildlife carer for further care until release. Licences and authorisations are issued by DEECA under the Wildlife Act 1975 and Wildlife Regulations 2013. Wildlife cannot be kept by a veterinary practitioner or given back to the person who handed in the animal, unless the vet or carer has a DEECA licence/authorisation.

When a veterinary practitioner is providing first aid to an unfamiliar species of animal, the Board would reasonably expect them to consider a range of information, including:

• online subscription services
• printed or digital drug formularies
• textbooks and conference proceedings
• CPD notes
• online veterinary forums
• searchable peer-reviewed journal articles, and
• advice from experienced veterinary peers or specialists experienced in that species.

Veterinary practitioners should exercise their professional judgment to evaluate all information available to them, and consider practicalities and possible risks arising from the chosen treatment. Veterinary practitioners should ensure the treatment chosen reasonably meets the expectations of their peers in the specific circumstances.

A declared pest animal is an animal declared to be a “prohibited pest animal”, “controlled pest animal”, “regulated pest animal” or “established pest animal” under sub-section 58(1)(b) of the Catchment and Land Protection Act 1994. Declarations are published in the Victoria Government Gazette (see Consolidated lists of declared noxious weeds and pest animals) and amended from time to time.

More information:

• Managing pest animals, Agriculture Victoria
• Priority pest animals, Agriculture Victoria - focus on some but not all declared pest animals Asian black-spined toad, boa constrictor, Canada goose, cat, cane toad, eastern corn snake, European hare, European rabbit, goat, house crow, house mouse, northern palm squirrel, pig, red-eared slider turtle, red fox, smooth newt, wild dog.

A declared pest animal refers to  animals declared to be either “prohibited pest animals”, “controlled pest animals”, “regulated pest animals” or “established pest animals” under sub-section 58(1)(b) of the Catchment and Land Protection Act 1994 (CALP Act). See Consolidated lists of declared noxious weeds and pest animals (Agriculture Victoria).

Under section 75 of the CALP Act, a person must not bring into Victoria, keep or sell declared pest animals. Under section 75A of the CALP Act, a person must not release declared pest animals. Sections 76 and 77 of the CALP Act contain some exceptions to these provisions.

What this means is that a declared pest animal presented to a veterinary practitioner cannot be given back to the person who presented it unless they have a licence to keep such animals. Generally, declared pest animals presented to veterinary practitioners must be euthanised humanely (Context, Guideline 3).

A veterinary practitioner should assess animals physically presented to them and take action to ensure that no unreasonable pain or suffering is caused, or is likely to be caused, to the animal. Euthanasia may be appropriate if the veterinary practitioner reasonably believes that the animal's condition is such that it would continue to suffer if it remained alive (section 24D, Prevention of Cruelty to Animals (POCTA) Act).

Except for the actions above, a veterinary practitioner can decide to refuse to provide veterinary services to an owner on a one-off or permanent basis. If they decide not to provide veterinary treatment to an animal, they should refer the owner to another veterinary practitioner where appropriate, and provide any veterinary records or a summary of treatment to the other practitioner on request. They should also record their actions in the veterinary medical record.

If a veterinary practitioner has an ethical objection to providing a veterinary service, they can decline to provide that service. If a veterinary practitioner has an ethical objection to euthanising an animal, they should provide appropriate first aid and pain relief (if required) and refer the animal’s owner to another veterinary practitioner. Examples of other procedures to which a veterinary practitioner may have an ethical objection include cosmetic surgery such as implanting testicular implants or providing veterinary services to facilitate the cloning of an animal (see Genetically modified and cloned animals, National Health and Medical Research Council).

It would not be appropriate for a veterinary practitioner to provide treatment in the following circumstances:

• if the treatment/services being asked for are outside the veterinary practitioner’s self-assessed technical competency and they cannot deliver the service under the supervision/instruction of an experienced veterinary practitioner, in which case referral to another practitioner may be appropriate (VPRBV Guideline 9).
• if the animal presented to the veterinary practitioner is a species the veterinary practitioner does not normally treat and they cannot deliver the service under the supervision/instruction of an experienced veterinary practitioner, in which case referral to another practitioner may be appropriate (VPRBV Guideline 3.4)
• if the animal owner has asked the veterinary practitioner to provide surgical or medical intervention in relation to an animal’s inheritable condition or disease UNLESS the failure to treat the condition or disease would cause unreasonable or unnecessary pain or distress to the animal and/or would place another animal at risk of harm or injury (VPRBV Guideline 2.4). Intervention relating to the breeding of animals with heritable defects that cause disease may be prohibited, e.g. Code of practice for the breeding of animals with heritable defects that cause disease (Agriculture Victoria).
• if the law prohibits a veterinary procedure or only allows it for therapeutic purposes. Under the POCTA ACT, the following procedures are prohibited, unless they are being undertaken by a veterinary practitioner for the purpose of having a therapeutic effect: cropping a dog’s ears, docking a dog or horse’s tail, grinding, clipping or trimming the teeth of a sheep using an electrical or motorised device, removing a cat’s claws, removing a reptile’s venom sacs. Debarking a dog may only be undertaken by a veterinary practitioner in accordance with the Code of practice for debarking of dogs. In addition, the procedure of thermocautery or firing of a horse is prohibited with no exceptions.
• if the veterinary practitioner has financial, professional or private interests or relationships with third parties that may affect, or have the appearance of affecting, the decisions they make about the care and/or treatment of an animal. Conflicts of interest are relevant to the provision of veterinary services associated with certification, accreditation and the provision of an expert opinion.

This material is current only at the time of publication and may be changed from time to time. The Board reviews and updates the Guidelines on a continuous basis to reflect changes in the science and knowledge base underpinning contemporary veterinary practice. The Board will take reasonable steps to inform the veterinary profession when such updates are released but it remains the responsibility of the individual veterinary practitioner to ensure that their knowledge and application of these Guidelines to their own practice is current.

While the Board has made every effort to ensure that the material in these Guidelines is correct in law, it shall not be liable to any veterinary practitioner or any other person or entity in relation to any claim, action or proceeding whatsoever (whether in contract, negligence or other tort or in proceedings seeking any other form of legal or equitable remedy or relief) for any inadequacy, error or mistake, or for any deficiency in the whole or any part of this document (including any updates incorporated in the document from time to time). A veterinary practitioner or any other person or entity acting upon the contents of this document acknowledges and accepts that this is the basis upon which the Board has produced these Guidelines and made them available to such person or entity.