The Board and complaints

The Veterinary Surgeons Board of Queensland must investigate written complaints it receives regarding the professional conduct of registered veterinary surgeons under the provisions of the Veterinary Surgeons Act 1936 (the Act).

The Board does not:

  • investigate complaints in relation to practice management, unless relevant to the veterinary management of a case
  • deal with complaints about veterinary fees and charges
  • answer questions about an animal's condition or give veterinary advice about treating an animal
  • investigate any complaint that falls under the control of another statutory authority or agency given specific powers under other legislation
  • have the power to suspend or deregister a veterinarian from the Register of Veterinary Surgeons. The Board will refer the case to the Queensland Civil and Administrative Tribunal (QCAT) if the matter is considered serious enough for removal from the Register.

Getting support

Receiving a complaint can be stressful, but can also be an opportunity to review and improve practices and procedures.

There are no restrictions on veterinarians continuing to practice while a complaint is pending.

Should you be the subject of a complaint, you may wish to consider:

  • speaking with someone you trust, who can listen and support you on a personal level
  • seeking assistance from your practice manager, employer or colleague
  • contacting your professional indemnity insurer or independent legal adviser.

We suggest that veterinarians advise their employer or practice manager of the notification or complaint. In some cases, an employer may provide support and access to advocacy assistance or offer mentoring or other help.

The Australian Veterinary Association (AVA) offers a member-only service to assist in negotiations between AVA members and their clients. Lifeline provides 24-hour crisis counselling, support groups and suicide prevention services.

Assessing complaints

Only complaints considered within the Board's jurisdiction will be referred to the Board.

The Board must collect and analyse information following legislated processes, which are fair to both parties. This means it may take several months to reach an outcome.

The complaints-handling process includes 3 main steps:

1. Investigation phase

During the investigation phase Board staff will collect information relevant to the complaint, including:

  • medical records from the veterinary practice/s involved in the animal's care
  • further information from the complainant, if needed.

2. Assessment phase

The Board will then meet to conduct an assessment of the complaint.

In some cases, the treating veterinarian/s may be requested to provide a written submission in response to the complaint and, where appropriate, the Board may obtain independent specialist/expert reports to inform its decision-making.

Once the Board has reviewed all evidence, the Board may:

  • determine there is no evidence or insufficient evidence of professional misconduct and finalise the complaint
  • determine there is prima facie* evidence of professional misconduct—in this case, the Board will either:
    • initiate misconduct proceedings against the veterinarian to further assess and decide the matter
    • refer the matter to the independent Queensland Civil and Administrative Tribunal (QCAT).

Matters 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 of a veterinarian to be of such a standard that if proven, would warrant in its view, a greater penalty than that which the Board can itself impose.

Only QCAT has the power to remove or suspend veterinarians from the Register of Veterinary Surgeons due to a finding of professional misconduct.

*Prima facie: "at first sight, accepted as so until proved otherwise" (Oxford English Dictionary).

3. Misconduct proceedings

Where the Board has initiated misconduct proceedings, the veterinarian may choose to:

  • attend the proceedings in person, by teleconference or video conference to provide clarification and address the Board's concerns
  • provide a written submission addressing the Board's concerns
  • refer the matter to QCAT to hear and decide the alleged misconduct.

If the veterinarian chooses to have the Board decide the matter, the Board will review all the evidence and determine:

  • there is no, or insufficient grounds to support a case of professional misconduct against the veterinarian—in most such cases, no further action is warranted or taken
  • the veterinarian has engaged in professional misconduct.

Matters 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 of a veterinarian to be of such a standard that if proven, would warrant in its view, a greater penalty than that which the Board can itself impose.

Only QCAT has the power to remove or suspend veterinarians from the Register of Veterinary Surgeons due to a finding of professional misconduct.

View a flowchart outlining the Board's complaints-handling process.

What to expect during a misconduct proceeding

Misconduct proceedings are usually held in the presence of the full Board. If you choose to attend, you will have the opportunity to outline your case and ask questions.

After discussion, the Board will deliberate on each particular of the case before providing a decision.

If there is a 'not guilty' determination, this will conclude the process.

If the decision is 'guilty', you will have the opportunity to outline matters the Board should consider when determining the disciplinary action to be applied.

The outcome, including any disciplinary action, will be provided to you in person at the hearing. Written notification will also be provided at a later date.

The details of the decision will also be provided to the complainant, however the disciplinary action is a matter between the veterinarian and the Board and is protected by privacy legislation.

If you do not wait for the Board's decision

You may choose to leave after the hearing and be notified of the Board's decision in writing.

If there is a guilty finding, you will be given the opportunity to provide a written submission instead of a verbal one in relation to appropriate disciplinary action.

The Board will then make its decision on disciplinary action at its next available meeting. Written notification of the decision will be provided to you.

Disciplinary action that may be applied

Disciplinary action is undertaken under section 22A(1) of the Veterinary Surgeons Act 1936 and may be an admonishment, reprimand or monetary penalty.

Alternatively, the Board may adjourn its decision on disciplinary action for up to 12 months should the Board choose to monitor professional conduct and/or recommend further professional development.

Privacy

The Board will only use and disclose the personal information given in the lodgement of a complaint for the purpose of conducting an assessment of the complaint. The information will not be disclosed to any other parties unless authorised or required by law in accordance with the Information Privacy Act 2009.

While the Board is obliged to notify the complainant of the results of the Board's findings, the principles of the Act prevent the Board disclosing details of any disciplinary action taken where there is a finding of professional misconduct.

A notice of disciplinary action will however be provided to interstate registering authorities as required under section 22FA of the Veterinary Surgeons Act 1936.

After the Board investigates a complaint

Concerns about the process undertaken by the Board in its investigation and assessment of a complaint should be directed to the Queensland Ombudsman.

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Last updated: 08 Apr 2024