Veterinary and Para-Veterinary Professions Act, 1982 (Act No. 19 of 1982)

Rules

Rules relating to the disciplinary processes against the veterinary and para-veterinary professions

Procedure at Inquiries into Professional Conduct

5. Powers and Functions of the Investigation Committee
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(1) The  Investigating Committee is a committee of Council and exercises its' powers and functions in terms of rule 40 of the Rules relating to the practicing of veterinary professions.

 

(2)The Committee is responsible for the evaluation of the evidentiary material and/or report(s) and is empowered to take the following decision(s):
(a)refer matters bock to the Administration to obtain further information;
(b)dismiss the matters as there ore no grounds to pursue the matter and/or there is insufficient evidence on which to base a decision;
(c)there is no basis for the complaint and where the Committee deems it fit to caution the respondent in terms of rule 40 (9);
(d]refer the complaint for mediation; and/or
(e)refer matters to Disciplinary Hearings.

 

(3)If the complainant is not satisfied with the outcome of the Investigation Committee's finding, the evidence at hand must be referred to the Council for a decision whether or not an inquiry into professional conduct should be held. The Council' s decision is final. The respondent must be notified of the referral to Council and be allowed to make any submissions they may wish to make, for council' s consideration.

 

(4)Excluding criminal acts and gross misconduct, investigations should center around the main complaint.

 

(5)If the main complaint is not substantiated, but a possible incidental/peripheral unprofessional conduct arises out of the main complaint, such possible incidental/peripheral unprofessional conduct must be referred to the respondent for him/her to provide on answer.

 

(6)If it appears to the Investigation Committee that on inquiry should be held into the conduct of a respondent, it must direct the Registrar to arrange for the holding of on inquiry into professional conduct.

 

(7)If it appears to the Investigation Committee that a complaint can be mediated, it may request the Registrar to arrange for a mediation.

 

(8)Should the mediation be unsuccessful, the matter must be referred to the Investigation Committee for its further consideration.

 

(9)Information provided by the respondent during a mediation, must be kept confidential.