MCGUIGAN [2026] WASAT 72

[2026] WASAT 72 Page 1 JURISDICTION : STATE ADMINISTRATIVE TRIBUNAL ACT : VETERINARY PRACTICE ACT 2021 (WA) VETERINARY SURGEONS ACT 1960 (WA) CITATION : MCGUIGAN [2026] WASAT 72 MEMBER : PRESIDENT GLANCY MR J O'SULLIVAN, SENIOR MEMBER DR J RICHARDSON, SENIOR SESSIONAL MEMBER HEARD : DETERMINED ON THE DOCUMENTS DELIVERED : 19 JUNE 2026 FILE NO/S : VR 109 of 2025 BETWEEN : CATHERINE ANNE MCGUIGAN Applicant Catchwords: Vocational regulation - Regulation of veterinary surgeons - Application for leave to apply to the Veterinary Practice Board of Western Australia for restoration of name to the Register of Veterinary Surgeons - Where Tribunal previously ordered by consent that the applicant's name be removed from Register - Application for leave made under s 24(4a) of Veterinary Surgeons Act 1960 (WA) - Where Veterinary Surgeons Act 1960 (WA) repealed and Veterinary Practice Act 2021 (WA) now in force - Leave granted Legislation: Medicines and Poisons Act 2014 (WA) State Administrative Tribunal Act 2004 (WA), s 60(2) Veterinary Practice Act 2021 (WA), s 52, s 53, s 201, s 221 -- 1 of 9 -- [2026] WASAT 72 Page 2 Veterinary Surgeons Act 1960 (WA), s 17(1), s 23, s 24, s 24(4), s 24(4a) Result: Leave granted Category: B Representation: Counsel: Applicant : Ms S Mony Solicitors: Applicant : Meridian Lawyers (Perth) Case(s) referred to in decision(s): Muffert [2022] WASAT 115 -- 2 of 9 -- [2026] WASAT 72 Page 3 REASONS FOR DECISION OF THE TRIBUNAL: Introduction 1 On 18 November 2021, the State Administrative Tribunal (Tribunal) ordered that Ms Catherine McGuigan's name be removed from the Register of Veterinary Surgeons (Register) following a finding that she had engaged in unprofessional conduct as a veterinary surgeon. 2 Ms McGuigan (the Applicant) now applies to the Tribunal for leave to apply to the Veterinary Practice Board of Western Australia (Board) to reinstate her name to the Register. The question of whether to grant leave turns on whether the Applicant has an arguable case for reregistration. 3 For the reasons which follow, we are satisfied that it is appropriate to grant the leave sought. The granting of leave by the Tribunal is not a guarantee the Applicant will be reinstated. Whether her name is ultimately reinstated to the Register and if so on what conditions, if any, is a matter for the Board. Application determined on the documents 4 We have determined this application on the documents pursuant to s 60(2) of the State Administrative Tribunal Act 2004 (WA) (SAT Act). Documents 5 The documents to which we have had regard in determining this application are: 1. the application dated 26 November 2025; 2. the Affidavit of Catherine Anne McGuigan sworn 20 November 2025; 3. the Supplementary Affidavit of Catherine Anne McGuigan sworn 23 January 2026; and 4. the Applicant's Submissions in Support of Ex Parte Application Seeking Leave to Apply, dated 23 January 2026. -- 3 of 9 -- [2026] WASAT 72 Page 4 Applicable Legislation 6 At the time when the Applicant was registered, the veterinary profession was regulated under the Veterinary Surgeons Act 1960 (WA) (Old Vet Act). On 18 June 2022 however, the Veterinary Practice Act 2021 (WA) (Current Vet Act) came into force. Section 201 of the Current Vet Act repealed the Old Vet Act. Section 221 of the Current Vet Act provides that the register referred to in s 17(1) of the Old Vet Act continues, under and subject to the Current Vet Act, as the Register under that Act. 7 Section 24(4) of the Old Vet Act provided, among other things, that a person whose name had been removed from the Register or whose registration was suspended could apply to the Veterinary Services Board for the restoration of that person to the Register. Where a person's name had been removed by reason of a conviction for an offence or a determination of an authority outside the State, an application could not be made until the later of either 12 months after the expiration of the order concerned or of any previous such application. In any other case such an application could be made at any time. Section 24(4a), however, provided that an application under subsection (4) could not be made without first applying for and obtaining the leave of the Tribunal where the person's name was removed or the suspension was imposed as a result of a proceeding before the Tribunal commenced by an allegation under s 23. 8 Thus, under the Old Vet Act, the leave of the Tribunal was required before the Applicant could apply to have her name reinstated to the Register. 9 The Current Vet Act does not expressly provide for applications for leave to apply to the Board for reinstatement of a person's name to the Register.1 This is because the Current Vet Act requires the Tribunal to specify the period of time for which a person whose registration is cancelled is disqualified from applying for reregistration. The decision in Muffert 10 In Muffert [2022] WASAT 115, the Tribunal considered an application for leave to apply for registration made by a veterinary surgeon who was in the same position as the Applicant, having been deregistered by order of the Tribunal under the Old Vet Act. 1 The Register is to be kept in accordance with s 52 and s 53 of the Current Vet Act. -- 4 of 9 -- [2026] WASAT 72 Page 5 11 In that case the Tribunal determined that: 1. under the Old Vet Act the applicant was under an obligation to obtain leave of the Tribunal before making an application to restore her name to the Register; 2. that obligation continued to exist notwithstanding the repeal of the Old Vet Act; and 3. the Tribunal had jurisdiction to deal with an application under the Old Vet Act notwithstanding its repeal and the commencement of the Current Vet Act. 12 The Tribunal's reasons for reaching those conclusions are set out at [27] - [35] of the decision. While they are not binding upon us, we agree with the analysis set out in those paragraphs and adopt them without reservation. 13 Accordingly, we too find that the Applicant may apply for leave of the Tribunal to apply to the Board for reinstatement of her name to the Register and that the Tribunal has jurisdiction to determine the application. Criteria relevant to determination of leave application 14 While the Tribunal is not the body which determines whether any person will be registered following the grant of leave, there would be no purpose in granting leave if refusal to reinstate an applicant to the Register were to be the inevitable outcome of an application. The Tribunal is entitled, therefore, to consider matters which are relevant to the likelihood of an application for reinstatement of a person's name to the Register being successful. 15 Section 24 of the Old Vet Act does not identify any criteria to which the Tribunal must have regard in determining an application for leave. However, the criteria the Tribunal considers must be consistent with the objects and purpose of the Old Vet Act. 16 While the criteria will depend on the circumstances of each particular case, the matters relevant to the regulation of the profession and disciplinary proceedings provide some guidance as to matters that are relevant to the question of leave. They include: 1. whether the community can have confidence in an applicant's ethics and competence; and -- 5 of 9 -- [2026] WASAT 72 Page 6 2. whether the reregistration of an applicant would be likely to bring the profession into disrepute or diminish public confidence in the high standards of the profession generally. 17 Those issues require the Tribunal to have regard to matters such as: 1. the nature of the conduct that led to the removal of the person's name from the Register; 2. the underlying reasons for the conduct that led to the removal of the person's name from the Register; 3. the person's prior disciplinary history; 4. the period of time since deregistration; and 5. the person's conduct and character since deregistration. Factual findings relevant to the determination of the leave application 18 We are satisfied of and make the findings of fact set out at [19] - [22] and [25] - [34] based on the evidence contained in the Applicant's submissions and two affidavits. We are also satisfied of and make the findings set out at [23] and [24] although the basis for doing so is that we accept the statement made in the Applicant's written submissions to that effect rather than on statements made in the Applicant's affidavits. 19 The Applicant graduated from University College Dublin in 2009 with a Bachelor of Veterinary Medicine. 20 The Applicant's first job following graduation was in a mixed veterinary practice. She also did locum work in a small animal practice. 21 The Applicant immigrated to Australia in 2011 following which she obtained employment in a small equine practice at Midwest Vets in Geraldton where she worked from November 2011 until May 2013. 22 Between August 2013 and October 2021, the Applicant was employed as a registered Western Australian veterinarian at Murray Veterinary Services where she worked as an equine veterinarian. 23 In 2018 the Applicant became a member of the Australian and New Zealand College of Veterinary Scientists in Equine Surgery. -- 6 of 9 -- [2026] WASAT 72 Page 7 24 The Applicant is a current financial member of the educational and professional groups Australian Veterinary Association and Equine Veterinarians Australia, the Veterinary Information Network (US) and the International Society for Equine Reproduction. 25 The Applicant agreed to orders made by the Tribunal that she was guilty of unprofessional conduct and that her name was to be removed from the Register with immediate effect from 18 November 2021. The conduct which gave rise to the disciplinary findings was the administration and use of ketamine for recreational purposes, the supplying of diazepam for self-administration, and the self- administration of clenbuterol hydrochloride while working as a veterinarian, by which she misused or improperly used the authority granted to her under the Medicines and Poisons Act 2014 (WA) as a registered veterinary surgeon to administer, possess, prescribe, supply or use ketamine, diazepam and clenbuterol hydrochloride. 26 The Applicant has now not been registered for a period of nearly four and a half years. 27 Prior to the conduct which led to her deregistration the Applicant had no disciplinary history. 28 The conduct was very serious. It is explained, although not justified, in part by the fact that it occurred following her partner's suicide at a time when she was isolated and vulnerable. The medical evidence provided to the Tribunal indicates that the Applicant had likely experienced an adjustment disorder with anxiety and depressed mood. 29 The 13 people who provided character references for the Applicant in support of her application regard the conduct to be out of character for her. They say they regard her as a person of good character and say that they are aware that she is genuinely remorseful for the conduct. They speak of her genuine care for animals and her dedication to the veterinary profession. We accept that they are the views of her referees. 30 Since the removal of her name from the Register the Applicant has had three children. During that time she has been their primary carer, although she also worked in a medical administration role at a medical centre from September 2024 to March 2025. -- 7 of 9 -- [2026] WASAT 72 Page 8 31 In April 2025 the Applicant relocated with her family to Queensland where she works with her partner running a horse farm. 32 The Applicant has remained committed to the veterinary profession by keeping full membership of the Australian Veterinary Association, Equine Veterinarians Australia, the Veterinary Information Network (US) and the International Society for Equine Reproduction. 33 The Applicant is remorseful for her conduct. 34 The Applicant's psychiatrist says that the mood disorder with anxiety and depressed mood from which Ms McGuigan likely suffered following the death of her then partner appears to have resolved. She expresses the view that the Applicant is a fit and proper person to hold registration as a veterinarian. The psychiatrist recommends however that periodic supervision by a senior clinician may be of assistance to the Applicant. The Applicant is open to such supervision. 35 The Applicant says, and we accept, that: 1. the negative publicity her case attracted and the humiliation and shame she experienced as a result of the conduct and the disciplinary proceeding is a strong deterrent which will ensure she does not engage in any further form of professional misconduct or unprofessional conduct; 2. being in a relationship and the mother of three children has led her to find personal fulfilment and stability; 3. she has entrenched coping and well-being strategies for her mental health; 4. she has stronger support networks than she had at the time the conduct occurred; and 5. she now has good insight into the need to maintain good personal and professional boundaries with her clients. 36 The Applicant says, and we accept, that those things, together with her prior good disciplinary history, her change in circumstances and her remorse mean that she is unlikely to act in the same way and misuse drugs to which she will have access if reregistered. -- 8 of 9 -- [2026] WASAT 72 Page 9 37 In all those circumstances we consider that the Applicant should be granted leave to apply to the Board for registration. As we explained earlier, whether she will ultimately be registered is a matter for the Board following its own assessment of her application. Orders The Tribunal makes the following orders: 1. Pursuant to s 24(4a) of the Veterinary Surgeons Act 1960 (WA) the Applicant has leave to apply to the Veterinary Practice Board of Western Australia for reinstatement of her name to the Register of Veterinary Surgeons. I certify that the preceding paragraph(s) comprise the reasons for decision of the State Administrative Tribunal. JD Associate to the Hon Justice Glancy 19 JUNE 2026 -- 9 of 9 --