The VPRBV views our regulatory activities as opportunities to lead and strengthen the veterinary profession. We do this through regularly reviewing the VPRBV’s guidelines on appropriate standards of veterinary practice and veterinary facilities, effectively communicating with our stakeholders and providing resources and information to support professional standards.
Through our compliance and enforcement activities, we also aim to impartially guide and support individual veterinary practitioners in their pursuit of good practice, for example through:
- understanding what good practice and professional behaviours look like
- demonstrating accountability for mistakes and potential deviation from professional standards
- demonstrating appropriate reflection, remorse and remedy
- developing the knowledge, skills, behaviours and capacity to uphold contemporary professional standards of practice.
- deterring recurrence of potentially harmful behaviour, both specifically and generally.
Figure 1: Shifting behaviour through a regulatory approach ('Regulatory concepts', With Purpose Solutions, June 2022)
The VPRBV has a range of regulatory activities and tools which are tailored to the issue under consideration to promote and achieve compliance. These activities and tools are discussed below.
3.1 PROACTIVE AND PREVENTATIVE ACTIVITIES
The VPRBV conducts activities to proactively foster compliant behaviours by engaging with the veterinary profession broadly or informing and educating a specific group or cohort of veterinary practitioners. Examples of these include:
- undertaking educational activities to promote good veterinary practice and raise awareness of the law, expected standards of professional conduct and the consequences of non-compliance
- working collaboratively with stakeholders and partners to improve industry practices, inform future standards and encourage and promote understanding, within and beyond the profession, of responsibilities and obligations under the VPA and other relevant legislation and guidance
- providing guidance and building relationships with veterinary practitioners to ensure veterinary practitioners know what compliance is and assist them develop their capability to achieve compliance.
The VPRBV also encourages registered veterinary practitioners to be proactive in preventing harm. A veterinary practitioner can ask the VPRBV to impose a condition, limitation or restriction on their registration if they believe their ability to practise veterinary surgery or medicine is affected because:
- of their mental health, or
- they have an incapacity, or
- they have a severe substance dependence.
The Board and the veterinary practitioner can agree on the conditions. In cases where an agreement cannot be reached, the matter must be referred to preliminary investigation.
3.2 COMPLIANCE MONITORING
The VPRBV’s monitoring activities provide important intelligence about non-compliant behaviours within the profession.
A complaint, and any subsequent investigation and hearing into an individual’s behaviour, provides insight into that practitioner’s knowledge, capabilities, attitudes, work systems and environment. Individual matters may also flag the possibility that similar behaviours and approaches to work are occurring across the veterinary profession in Victoria. This important data may inform our preventative and responsive activities.
The VPRBV utilises a number of compliance monitoring tools including:
- implementing and strengthening processes to identify non-compliance, including at registration renewal
- intelligence and risk-based assessments
- sharing and receiving information with other agencies
- receiving enquiries, complaints, referrals and feedback from the public and veterinary practitioners
- conducting investigations
- conducting informal or formal hearings, either following a preliminary investigation or of the VPRBV’s own motion.
3.2.1 Registration
The VPRBV collects and reports on information collected during the registration and annual renewal of registration process. For example, veterinary practitioners are required to make declarations about:
- any health condition which might impair their ability to practice
- completion of continuing professional development activities, and
- whether they are subject to, and have complied with, any Board compliance or enforcement in any other jurisdiction.
Veterinary practitioners may self-report health impairment throughout their period of registration. The VPRBV acknowledges that many health conditions are well-managed through ongoing relationships with health practitioners and do not require regulatory intervention. Well managed impairments are not grounds for reporting and for those who have suffered a health condition there are pathways to return to full registration.
3.2.2 Complaints
The VPRBV can identify non-compliance through the complaints and information it receives. Anyone can notify the VPRBV of their concerns about a veterinary practitioner who is registered in Victoria (or was registered at the time the conduct took place).
The VPRBV will engage with concerns that relate to the professional conduct or fitness to practise of a veterinary practitioner where they are of substance and are not vexatious. When it receives notification of concerns about a veterinary practitioner, the VPRBV will triage the notification by assessing the seriousness of the actual and/or potential harm and the likelihood of its reoccurrence.
Where there is a serious risk that the health and safety of the public or the health and welfare of animals may be endangered, the Board may form the view that it is necessary to suspend a veterinary practitioner’s registration.
The VPRBV does not engage with notifications of concerns:
- if they are lacking in substance or vexatious
- about persons who are not veterinary practitioners, e.g., veterinary nurses, clinic administration officers, lay practice managers
- about the cost of veterinary services
- about issues that fall outside the scope of unprofessional conduct and fitness to practise which may be more appropriate to raise with another agency, e.g., workplace issues and disputes, complaints of discrimination or bullying against staff which can be lodged with the Workplace Ombudsman
- about veterinary services provided outside of Victoria.
3.2.3 Investigations
Under the VPA, the VPRBV has the power to investigate the professional conduct and fitness to practise of veterinary practitioners, including the power to conduct an investigation into the health of a veterinary practitioner.
Before deciding to investigate, the VPRBV may engage with the veterinary practitioner and/or complainant to gather more information and, where appropriate, facilitate an early resolution of a complaint. We provide information for the veterinary practitioner and complainant and respond to any questions they may have about the process.
The VPRBV acknowledges that investigations and hearings may in themselves be considered by veterinary practitioners as a general deterrent. However, to reflect the VPRBV’s intent of impartial information-gathering through these activities, we aim for efficient and helpful interactions and processes.
The VPA sets out different rules for the investigation of complaints concerning the professional conduct of veterinary practitioners and the investigation of a practitioner’s fitness to practise veterinary medicine or surgery.
Professional conduct investigations
The VPRBV must investigate a complaint about the professional conduct of a veterinary practitioner unless the Board finds the complaint to be lacking in substance or vexatious.
The VPRBV must conduct a preliminary investigation into a complaint about the professional conduct of a veterinary practitioner to determine whether or not it is necessary to conduct a formal or informal hearing into a complaint .
Fitness to practise investigations.
The VPRBV has discretion as to whether to conduct a preliminary investigation into a veterinary practitioner’s fitness to practise veterinary medicine or surgery, i.e., a health investigation.
The VPRBV is mindful of the sensitive and confidential nature of health investigations and the potential impacts of prolonged investigation.
When a health investigation is completed, the VPRBV has discretion as to which if any regulatory action should follow. We work with the veterinary practitioner and their health practitioner to select actions which reduce the risk of harm, while supporting rehabilitation, accountability and continued practice wherever possible.
Immediate action/suspension
The VPA empowers the Board to suspend the registration of a veterinary practitioner on an interim basis.
In cases involving professional conduct complaints , if the Board is of the opinion it is necessary to suspend the registration of a veterinary practitioner because there is a serious risk that the public or the health and welfare of animals will be endangered, the VPRBV may suspend the registration of a veterinary practitioner until any investigation/hearing is completed, if:
- the Board has determined to conduct a preliminary investigation into the professional conduct of a registered veterinary practitioner, or
- the Board has determined to conduct a formal or informal hearing into the professional conduct of a registered veterinary practitioner without preliminary investigation.
In cases involving fitness to practise, the Board may suspend the registration of a veterinary practitioner if it has appointed a person to conduct a preliminary health investigation under section 25 of the VPA. The Board must not suspend the registration of a veterinary practitioner unless it ‘Reasonably believes that the ability of the veterinary practitioner to practise veterinary medicine or surgery is likely to be affected to such an extent that to allow the veterinary practitioner to continue to practise would pose an unacceptable risk that the health and safety of the public or the health and welfare of animals will be endangered.’
If the Board has investigated a complaint and has concerns that the veterinary practitioner has engaged in unprofessional conduct and/or is not fit to practise, it may engage with the veterinary practitioner to explore options to resolve those concerns. For example, the veterinary practitioner may acknowledge wrongdoing and agree to enter into an agreement with the Board to undertake further education, professional development or counselling, or take other action to address or minimise the risk of future non-compliance.
3.2.4 Hearings
In some cases, the Board may decide to conduct an informal or formal hearing into the professional conduct of a veterinary practitioner (or a person who was a veterinary practitioner at the time of the alleged conduct):
- following a preliminary investigation into a complaint, or
- on its own motion.
In cases where a veterinary practitioner who is the subject of a health investigation does not agree to undergo a medical examination or does not reach an agreement with the Board on action to be taken after the preliminary investigation, or does not abide by the terms of any of agreement entered into with the Board to address their health concerns, the Board may refer the matter to a formal hearing. The Board must refer a matter to a formal hearing if a veterinary practitioner who agrees their ability to practise veterinary medicine of surgery is affected by a health issue cannot reach an agreement with the Board about the condition, limitation or restriction to be imposed on their registration.
Hearings are not undertaken lightly. If the Board has discretion under the VPA about whether or not to refer a matter to a hearing, it will consider the factors set out in section 4 below before deciding whether to take this regulatory step.
3.2.5 Data monitoring and reporting
The VPRBV records the number and type of enquiries and the number, type, issues of concern, actions taken, findings and determinations of professional conduct and health complaints, investigations, hearings and self-reported matters.
Strengthened capacity to monitor trends will assist the VPRBV to guide regulatory activities within and across jurisdictions, and to collaborate with other stakeholders.
The VPRBV also records compliance statements made when registered veterinary practitioners apply to renew their registration, e.g., a statement that required continuing professional development activities have been undertaken.
3.3 RESPONSIVE ACTIVITIES AND TOOLS
Sometimes the VPRBV will need to take a targeted regulatory action to address the non-compliance of an individual veterinary practitioner. The tools available to the VPRBV include actions that may:
- remedy the concern, e.g., counselling, agreements/undertakings, directions to undertake further education or improve systems, and/or changes in registration category or imposition of conditions, limitations or restrictions on registration, or
- deter future harm by the practitioner (specific deterrence) and the broader profession (general deterrence), e.g., a fine, caution, reprimand, suspension of registration, cancellation of registration.
For example, within the scope and processes set out in the VPA, the VPRBV can:
-
encourage and assist compliance – by providing information, guidance, education and/or support
- direct compliance – by providing written warnings and imposing conditions on registration (by agreement or unilaterally imposed by the VPRBV)
- enforce action – by suspending registration, cancelling registration, or refusing registration (when a practitioner applies to renew their registration) or imposing conditions, limitations or restrictions on registration
- impose sanctions – by a hearing panel against a veterinary practitioner who is found to have engaged in unprofessional conduct or by a court if a person is found guilty of breaching the VPA (discussed further below)
- prosecute a person for an alleged breach of the VPA (discussed further below).
Depending on the circumstances of the case, options to promote and enforce compliance with the VPRBV’s Guidelines and the VPA are:
- communications with the veterinary practitioner, complainant and the broader veterinary profession
- an educative letter
- a warning letter
- a written undertaking from the veterinary practitioner
- an agreement reached with the veterinary practitioner subject to a health investigation to:
- suspend the practitioner’s registration
- impose conditions, limitations or restrictions on the practitioner’s registration
- change the way the practitioner practises veterinary surgery or medicine
- an agreement with the Board to amend, vary or revoke conditions
- an informal or formal hearing resulting in:
- counselling
- further education
- a written caution
- a written reprimand
- a formal hearing resulting in:
- suspension or cancellation of the veterinary practitioner’s registration
- the imposition of conditions, limitations or restrictions on the practitioner’s registration
- alteration or cancellation of any endorsement of registration as a specialist veterinary practitioner
- a prohibition on reapplying for registration.
- a fine
- the veterinary practitioner paying the costs of the hearing
- prosecution.
The nature and use of these options are discussed further below.
3.3.1 Encouraging, assisting and directing compliance
The VPRBV’s complaints and investigation process serves to strengthen veterinary practitioners’ and public understanding of professional standards, and how they can be achieved.
Within VPRBV communications to stakeholders, including investigation correspondence and reports to the complainant and the practitioner, we explain the issues identified during our investigations and our reasons for deciding whether a practitioner’s conduct was unprofessional. Correspondence to the practitioner encourages compliance by positively acknowledging professional conduct and any appropriate reflection and plans to strengthen practice. To assist future compliance, we reference relevant professional standards and may provide additional guidance through an educative letter. Where trends emerge, discussion of de identified case studies within the VPRBV newsletters extends learning to the broader profession.
Counselling by a hearing panel, typically at the conclusion of a hearing, provides specific feedback to the practitioner about the panel’s concerns and constructive suggestions for alternative future practices. This may include consideration of the role and efficacy of workplace systems, processes, policies and protocols.
A direction to undertake further education to develop knowledge and skills relevant to the matter is one of the most commonly used compliance tools by the VPRBV. Veterinary practitioners are guided by the VPRBV to the required topic/s and type of education, such as a structured and assessed course, a mentor or coaching relationship, observing practice, or a peer-reviewed literature review. The cost of education undertaken is covered by the practitioner. The VPRBV specifies the time frame for completion to balance practicality with prompt risk reduction. The practitioner must provide proof of completion and learning. To optimise professional and personal development, the VPRBV often requests a written reflection from the practitioner of what they learned and the ways they will incorporate this into their practice. Where there are deficiencies in clinical record-keeping the VPRBV may periodically review a selection of the practitioner’s records and provide constructive feedback.
Other options open to the VPRBV to direct compliance include issuing a warning letter to a veterinary practitioner, or obtaining a written undertaking from a practitioner, or entering into an agreement with a practitioner to alter the way they practise.
3.3.2 Enforcing action
Suspensions
Where there is a serious risk that the health and safety of the public or the health and welfare of animals will be endangered, the Board may form the view that it is necessary to suspend a veterinary practitioner’s registration. Suspension of a veterinary practitioner’s registration is available to the Board at the time it decides to conduct a preliminary investigation or a hearing into a veterinary practitioner’s professional conduct.
Conditions, limitations or restrictions on registration
On conclusion of professional conduct or health investigations, the Board may impose conditions on a veterinary practitioner’s registration to ensure future compliance and reduce the risk of harm to animals, other people and the practitioner. Conditions may be imposed on registration with or without the agreement with the veterinary practitioner (in accordance with principles of natural justice with the veterinary practitioner being afforded procedural fairness).
Refusal to renew registration
Under the VPA, the Board has the power to refuse to renew a veterinary practitioner’s registration in certain circumstances including:
- where the veterinary practitioner’s character is such that it would not be in the public interest to allow the applicant to practise as a registered veterinary practitioner
- the veterinary practitioner has been found guilty of an indictable offence or an offence where their ability to practise is likely to be affected by the finding of guilt or it is not in the public interest to allow them to practise because of the finding of guilt.
3.3.3 Imposing sanctions
When a matter is referred to a hearing, the Board will seek outcomes that align with its regulatory approach and are informed by Australian case law. In addition to the other compliance and enforcement options above, sanctions that the Board may seek from hearing panels are:
- a written caution
- a written reprimand
- payment by the veterinary practitioner of a monetary amount, e.g., recovering reasonable legal costs of the hearing (if the unprofessional conduct is of a serious nature only)
- a fine, up to a maximum of $10,000 (if the unprofessional conduct is of a serious nature only).
3.4 PROSECUTIONS
The VPA includes offence provisions, which are summary offences punishable by a maximum penalty of a fine. The VPRBV is empowered to prosecute offences in the Magistrates Court of Victoria.