Health Care Complaints Commission v Drakopoulos [2021] NSWCATOD 72

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Health Care Complaints Commission v Drakopoulos [2021] NSWCATOD 72 Hearing dates: 29 April 2021 Date of orders: 28 May 2021 Decision date: 28 May 2021 Jurisdiction: Occupational Division Before: The Hon F Marks, Principal Member Dr G Labour, Senior Member Dr P Lim, Senior Member M Maher, General Member Decision: (1) The registration of the respondent as a dental practitioner is cancelled. (2) We fix a non-review period under section 163A(3)(a) of the Health Practitioner Regulation National Law (NSW) of 4 years. (3) The review body under section 163A is this Tribunal. (4) The respondent is to pay the costs of the applicant in the sum of $12,000. Catchwords: HEALTH — professional registration and discipline — complaints — dental practitioner failed to notify regulatory bodies that he had been charged with or found guilty of criminal offences — held failure constituted professional misconduct — registration cancelled — costs order made CIVIL PROCEDURE — hearings — procedural fairness — complaint alleged practitioner had been convicted of or made the subject of a criminal finding for offences but failed to allege that the circumstances of the offences render the practitioner unfit in the public interest to practise the practitioner's profession — held Health Care Complaints Commission not entitled to rely on section 149C(1)(c) of the Health Practitioner Regulation National Law (NSW) to justify cancellation of registration because failure to allege these matters constituted procedural unfairness. Legislation Cited: Health Practitioner Regulation National Law (NSW), ss 5, 109, 130, 139B, 139E, 144, 149C, 163A Cases Cited: Chen v Health Care Complaints Commission [2017] NSWCA 186 Health Care Complaints Commission v Do [2014] NSWCA 307 King v Health Care Complaints Commission [2011] NSWCA 353 Texts Cited: Nil Category: Principal judgment Parties: Health Care Complaints Commission (Applicant) Angelo Drakopoulos (Respondent) Representation: Counsel: R Donnelly (Applicant)