Veterinary Surgeons Investigating Committee v Howe (No 2) [2003] NSWADT 156

Veterinary Surgeons Investigating Committee v Howe (No 2) [2003] NSWADT 156

Because Dr Howe repeatedly acted dishonestly in his capacity as a veterinary surgeon, made false statements and falsified documents relied on by another veterinary surgeon, continued to deny wrongdoing, showed no remorse, and exacerbated his misconduct by providing false evidence to the Tribunal, he could not command the trust required of the profession or be held out as fit to practise. His professional reputation and contributions did not outweigh the protective purpose of the jurisdiction, and the Tribunal was not of the opinion that it was in the public interest for him to continue practising veterinary science. Removal from the register, revocation of suppression orders, and a costs...

Jurisdiction
Australia
Judgment Date
13 May 2003
Procedural Posture
Professional Disciplinary Proceedings Concerning a Registered Veterinary Surgeon / Final Orders Following Earlier Findings of Serious Misconduct in a Professional Respect and Lack of Good Character
Outcome
The respondent's name was removed from the register of veterinary surgeons, with liberty to apply for restoration after two years, suppression orders were revoked, and the respondent was ordered to pay the applicant's costs.
Legal Topics
['veterinary Surgeon Misconduct' 'serious Misconduct in a Professional Respect' 'good Fame and Character' 'removal From Register' 'costs' 'suppression Orders']
['administrative Law' 'professional Discipline' 'veterinary Regulation'] ['veterinary Surgeon Misconduct' 'serious Misconduct in a Professional Respect' 'good Fame and Character' 'removal From Register' 'costs' 'suppression Orders']

Case Brief

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Procedural Posture

Professional Disciplinary Proceedings Concerning a Registered Veterinary Surgeon / Final Orders Following Earlier Findings of Serious Misconduct in a Professional Respect and Lack of Good Character

Legal Issues

  1. 1 ['Whether the proposed order removing Dr Peter Allan Howe from the register of veterinary surgeons was the appropriate order after findings of serious misconduct in a professional respect and lack of good character.' 'Whether it was in the public interest that Dr Howe should be allowed to continue to practise veterinary science.' 'Whether a lesser order, such as conditions on registration or suspension, should be made instead of removal from the register.' 'Whether suppression orders should be revoked.' "Whether Dr Howe should be ordered to pay the VSIC's costs."]

Ratio Decidendi

Because Dr Howe repeatedly acted dishonestly in his capacity as a veterinary surgeon, made false statements and falsified documents relied on by another veterinary surgeon, continued to deny wrongdoing, showed no remorse, and exacerbated his misconduct by providing false evidence to the Tribunal, he could not command the trust required of the profession or be held out as fit to practise. His professional reputation and contributions did not outweigh the protective purpose of the jurisdiction, and the Tribunal was not of the opinion that it was in the public interest for him to continue practising veterinary science. Removal from the register, revocation of suppression orders, and a costs...

Court Disposition

The respondent's name was removed from the register of veterinary surgeons, with liberty to apply for restoration after two years, suppression orders were revoked, and the respondent was ordered to pay the applicant's costs.

Orders

  • ['The name of Dr Peter Allan Howe be removed from the register of veterinary surgeons. Dr Howe may apply for restoration of his name to the register after two years from the date this decision comes into effect.' "Dr Howe to pay the VSIC's costs in a sum to be agreed between the parties. Failing agreement costs to...