Complaints and Disciplinary Procedure

The Board plays a major role in consumer protection and community service, protecting both the profession and the public by maintaining high standard of competence and conduct. The Board has a statutory obligation to investigate complaints.

The Registrar takes enquiries and potential complaints from the public. You may initially be asked to discuss your concerns with the veterinarian. If this options fail, you can put your complaint in writing (you can download the Complaints form at the bottom of this page, or go to the Forms page of this site and return the form on-line). If you have difficulty with English, contact the office and the Registrar may take details via interview.

Complaints considered by the Board

The Board considers complaints about unprofessional conduct. This includes improper or unethical professional practice; incompetence or negligence in treatment; and failure to comply with an Act, the Code of Conduct, or professional standards.

When considering complaints, the Board places the emphasis on preventing a future complaint of a similar nature. Many complaints are dealt with at Board meetings. Very serious matters where the veterinary surgeon makes no admissions to any wrongdoing are referred to the Crown Solicitor's Office for investigation and the laying of a Formal Complaint. These matters are heard by a formal Disciplinary Tribunal (see below).

Where the veterinary surgeon admits there has been some wrongdoing, the Board may decide on a Diversionary process.

Complaints not able to be addressed

The Board is unable to consider complaints about fees and accounts, and where the complainant is seeking compensation. The only exception is if the fee charged significantly exceeds the amount quoted for the treatment.

Furthermore, the Board does not deal with complaints that are the responsibility of another statutory authority or organization with specific powers under another Act. For example, alleged cruelty to animals comes under the Prevention of Cruelty to Animals Act administered by the Department of Environment and Heritage.

Complaint process

On receipt of a complaint a copy is sent to the veterinarian/s, with a request for a report on the matter, and copy of records. Any other veterinarian involved in the case in any way is also asked to detail in writing their involvement in the case.

A copy of the response from the veterinarian will usually be sent to you for your comment on matters of fact. Most often, the complaint and responses and any other relevant information will then be considered by the Board at its next scheduled meeting. The Board will assess the merits of the complaint; determine what action may be appropriate; and directs the Registrar to undertake its determinations. This may include

Options:
1	To respond directly to the parties concerned
2	To direct the Registrar to have the matter investigated further
3	To issue a warning in writing to the veterinarian concerned
4	To call the veterinarian before the Board
5	To appoint a mentor to advise and counsel the veterinarian concerned
6	To recommend that the veterinarian attend a refresher course in a particular topic
7	To direct the Registrar to proceed with a formal prosecution

Formal complaints

Where the matter is considered to be very serious, and the veterinary surgeon denies any wrong doing, the Register may lay a formal complaint. Formal complaints are heard by a Disciplinary Tribunal, within a court setting. The Disciplinary Tribunal is made up of the Presiding Member (or Deputy) of the Board (who is a legal practitioner) and two other Board members. After the complaint has been fully investigated, the Disciplinary Tribunal takes evidence from all parties (this may involve statements in affadavit form, and/or being a witness at the Tribunal hearing), and then makes a determination on the complaint. If the veterinary surgeon is found guilty of unprofessional conduct, outcomes may involve a fine being imposed, suspension of registration, or limitations on practice. Where a formal complaint is laid by the Registrar, a legal practitioner from the Crown Solicitor's Office represents the Registrar, and all legal costs are funded by the Board.

Review of complaints

If not satisfied with the outcome of your complaint, the complainant may advise of their outstanding concerns and the Board may decide to reconsider the complaint. Should the complainant still be dissatisfied with the way in which the matter was handled, further options include laying a formal complaint with the Board, notifying the Minister or taking the matter to the State Ombudsman. If, as a complainant, you decide to lay a formal complaint with the Board, you are strongly advised to obtain legal advice.

Length of time

The whole complaint process can take a minimum of three months, or longer depending on the seriousness of the offence and the level of evidence required. If the complaint is deemed serious enough to go to a Formal Disciplinary Tribunal, it is likely to take considerably longer.

You can download a Flow chart for Complaints for the process.

The Board meets 11 times per year (once every month except January).

If making a complaint please return your completed form signed and dated, as soon as possible so that your complaint can be processed.

Material relating to your complaint, including correspondence with the Veterinary Surgeons Board of SA, is subject to the Freedom of Information Act 1982 and the Information Privacy Act, 2000. The Board will only use and disclose personal information about you for the purpose of conducting an investigation of this complaint, unless consent has been obtained to use the information for other purposes.

Complaints Form (PDF)