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Complaints procedure

Procedure for complaints against Queensland registered veterinary surgeons alleging negligent or incompetent practice

Please note that the Veterinary Surgeons Board of Queensland has no jurisdiction in matters relating to the scale of veterinary fees and has no authority to intervene in disputes relating to fee issues or ethical issues.  Options for resolution of such issues are to contact the Office of Fair Trading or seek legal advice.  The Australian Veterinary Association (AVA) offers a member only service with the objective of assisting in negotiations between AVA members and their clients.

Provisions of the Queensland Veterinary Surgeons Act 1936 (the ‘Act’) allows the Board of its own motion or upon the complaint of a person aggrieved to cause an investigation to be made of the conduct or professional performance of a veterinary surgeon in the practice of the profession.

Complaints should be submitted in type-written form following the format of the attached Complaint Form.  The complaint form should be used for non type-written complaints.

The Board registrar will assess the complaint and ascertain if the matter comes within the Board’s jurisdiction.  If there is uncertainty as to how to progress the complaint, the Board Chairperson will be consulted or in some circumstances the Board will discuss the complaint in the first instance.

In most cases, the Registrar’s assessment is sufficient and normal investigation procedures are initiated.  The registrar is not a veterinary surgeon and is employed by the state government.

The normal process is for a copy of the complaint to be sent to the veterinary surgeon(s) concerned for a response to the complainant’s allegations and provision of a full report on the case.  It is necessary to extract sections of the complaint that may represent libel but the complainant should be aware from the outset that, for their own protection, such statements should not be included in the letter of complaint.  Other veterinarians involved e.g. a provider of subsequent treatment due to the owner’s dissatisfaction with the first veterinarian, are also asked to provide a written report.

Veterinary surgeons are required under the ‘Act’ to provide to the Board all records, test results, radiographs, post mortem results and the like.  Responses can be accompanied by statements from other staff members or persons who were witness to the events.

The registrar will collect all the information and peruse responses to confirm that they have addressed the allegations and that supporting documentation i.e. records etc have been provided. 

All documentation will then be submitted to the Board of five veterinarians (specialists and general practitioners) and one non-veterinarian consumer representative for assessment.

If the Board believes that there are no grounds to support a case of negligent or incompetent practice, the registrar will notify the complainant by letter of the Board’s decision and the reasons for that decision.  Similarly, the veterinarian is advised.

If the veterinarian is an employee at the practice, the practice owner is also initially advised of the complaint, asked for comment and notified of the outcome.

The Board may otherwise not be satisfied that all the information it needs to make a consideration has been provided and will ask for more information from the persons already involved or from other sources such as specialists in the field in question.  Cases are resubmitted to the Board at each meeting (held every 5-6 weeks) until an outcome is achieved.

In the case where the Board determines that a prima facie case of professional negligence or incompetence can be established, it can (i) take proceedings against the veterinarian or (ii) for more serious offences, refer charges to the independent Queensland Civil and Administrative Tribunal (QCAT) for hearing.  The veterinarian has a choice to have charges heard by QCAT rather than undergo Board proceedings.

Standard of Evidence

In relation to the meaning to be given to the word ‘negligent’, it has been adjudged in hearings before the now defunct Veterinary Tribunal of Queensland that a respondent could only be found to be negligent if the Board/Tribunal/Appeal Court was satisfied that the respondent did not exercise the degree of care and skill expected of an ordinary competent veterinarian in the practice of the profession.

As to the meaning to be given to the word ‘incompetent’, the judgement was that it must be proven that the respondent did not possess the requisite skill of a veterinarian in the practice of the profession.

The Veterinary Tribunal has ruled that the standard of proof required is the civil standard, that is, on the balance of probabilities with the proviso that the evidence must produce a reasonable state of satisfaction in one’s mind.

QCAT became operational from 1 December 2009 and will in the course of time record its own judgments as to standards of evidence that must be met. QCAT will be cognizant of the Veterinary Tribunal judgments and the legal precedents used in adopting those judgments.

Board proceedings

Veterinarians can personally appear before the Board or rely on written submissions.  Complainants are not permitted to attend meetings of the Board or misconduct proceedings to personally represent their complaint.  No legal representation for the veterinarian is permitted.  All representations are considered and a judgment is made bearing in mind the required standard of evidence.  Punitive powers are limited to reprimand or monetary penalty up to $1000 on each count plus any costs as thought fit.  Publication of guilty findings is at the discretion of the Board.  There are no appeal rights.

QCAT Hearings

QCAT is established under the QCAT Act 2009 and its purpose, jurisdiction and operations can be accessed through its website www.qcat.qld.gov.au

Charges are referred by the Board to QCAT in circumstances where the Board having undertaken a formal investigation and taken legal advice, has assessed the conduct/performance of a veterinary surgeon to be of such a standard that if proven would warrant in its view a higher degree of penalty than that which the Board can itself impose  QCAT members have no previous knowledge of a case before a hearing. 

A conflict of interest disqualifies a member from participating in a QCAT hearing. Both the respondent and the Veterinary Surgeons Board as the plaintiff are allowed legal representation and either party can call witnesses.

In the case of a guilty finding penalty can include removal or suspension of the veterinarian from the Register of Veterinary Surgeons, a monetary penalty up to $4,000 per charge, awarding of costs and publication of findings. Neither the Board nor QCAT can make any order that veterinary fees be refunded or compensation be paid to a complainant.  Any such outcome could only be achieved as a result of civil action initiated by the complainant.

Veterinary Surgeons Board members take no part in the matter after charges have been referred to QCAT.

Cases where it is alleged a veterinarian is medically unfit to practise or where court convictions have been recorded against a veterinarian can also be referred to QCAT.  Only QCAT has the power to remove or suspend veterinarians from the Register of Veterinary Surgeons.

Complaints relating to the misuse of scheduled drugs and animal cruelty are referred to the appropriate authority.  If a veterinarian is found guilty of an offence under other legislation, the Board can then initiate professional misconduct action if considered warranted.

Time limits

Time limits apply for lodging of complaints.  Any proceedings under the ‘Act’ must be initiated within twelve months after an offence is committed or within twelve months of discovery of the offence, whichever is the latter. 

All complaints should be forwarded to the Veterinary Surgeons Board of Queensland, GPO Box 46, Brisbane Qld 4001.

VSB complaint form

Registrar
Veterinary Surgeons Board of Queensland