Veterinary Surgeons Investigating Committee v Post [2005] NSWADT 111

Veterinary Surgeons Investigating Committee v Post [2005] NSWADT 111

The Tribunal found the VSIC did not prove the complaints against Dr Post on the balance of probabilities; the evidence was insufficient to establish that he administered phenylbutazone to the horse at 5 am, that record-keeping was inadequate, or that any inaccuracies in documentation or breaches of competition rules demonstrated a lack of good character or professional misconduct.

Parties
Applicant: Veterinary Surgeons Investigating Committee; Respondent: Dr Alan Post
Jurisdiction
Australia
Judgment Date
20 May 2005
Procedural Posture
Disciplinary Application / Principal Matter Merits Determination
Outcome
Complaints not proved
Legal Topics
Misconduct in a Professional Respect, Veterinary Certificates, Drug Administration in Animals, Record Keeping, Professional Character
Professional Regulation Veterinary Law Misconduct in a Professional Respect Veterinary Certificates Drug Administration in Animals Record Keeping Professional Character

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Parties

Veterinary Surgeons Investigating Committee

Applicant

Dr Alan Post

Respondent

Procedural Posture

Disciplinary Application / Principal Matter Merits Determination

Legal Issues

  1. 1 Whether Dr Post is guilty of misconduct in a professional respect under the Veterinary Surgeons Act 1986 for inaccurate completion of a veterinary certificate
  2. 2 Whether Dr Post administered phenylbutazone without therapeutic reason
  3. 3 Whether Dr Post failed to make a detailed record of treatment

Ratio Decidendi

The Tribunal found the VSIC did not prove the complaints against Dr Post on the balance of probabilities; the evidence was insufficient to establish that he administered phenylbutazone to the horse at 5 am, that record-keeping was inadequate, or that any inaccuracies in documentation or breaches of competition rules demonstrated a lack of good character or professional misconduct.

Court Disposition

Complaints not proved

Orders

  • The complaints against Dr Post are not proved.