DR CHRIS TSIOUTIS [1999] NSWMT 2

New South Wales Medical Tribunal

CITATION : DR CHRIS TSIOUTIS [1999] NSWMT 2 TRIBUNAL : Medical Tribunal PARTIES : DR CHRIS TSIOUTIS FILE NUMBER(S) : 40017 of 1999 CORAM: McGuire DCJ - Richards Dr, J G - Collier, Ms, A - Williams, Dr, A CATCHWORDS: LEGISLATION CITED: Medical Practice Act, 1992 Ex parte Tziniolis (1996) 84 WN9 (Part 2) page 275; CASES CITED: Bannister v Walton 30 April 1992 - unreported; Rejfek v McElroy (1065) 112 CLR 517 at 521; Briginshaw v Briginshaw (1938) 60 CLR 336 at 360-363 DATES OF HEARING: 15th December, 1999 DATE OF JUDGMENT: 15 December 1999

JUDGMENT:

The Proceedings Chris Tsioutis, the applicant, has filed a document dated 16th June, 1999 entitled "Notice of Appeal under S.87 of the Medical Practice Act, 1992 and/or application under S.92 of the said Act". Filed in support is a statement dated 8th June, 1999.

The Tribunal has treated the proceedings before it as an application made pursuant to S.92 of the Medical Practice Act 1992 (the Act) for review of an order of the Medical Tribunal of New South Wales made on 11th April, 1996 which is in the following terms: "The order of the Tribunal therefore is a finding that Dr Tsioutis is guilty of professional misconduct and the Tribunal orders that he be deregistered."

The relevant terms of that application are as follows:

4. Grounds of appeal or application:

a) Effluxion of time; b) The circumstances in which the deregistration occurred no longer prevail; c) Since April 1996 the Appellant has maintained and enhanced his medical knowledge in that he has practised in naturopathy, homoepathy and herbal medicine, has attended and participated in the following conferences:- i) in August 1996 in Queensland conference on Electro medicine - four (4) days; ii) in September 1996 on the Gold Coast conference on toxicity and environmental medicine - three (3) days; iii) in September/October 1996 worked abroad in Cyprus as a medical practitioner; iv) in November 1996 attended an international conference in Utah USA - attended workshop for advanced candidates on functional and environmental eletromedicine - two (2) weeks; v) in February 1997 completed twelve (12) month diploma course on herbal medicine; vi) in March 1997 attended the European Medical Acupuncture conference, Nicosia Cyprus. Also worked as a general practitioner in his brother's practise in Nicosia. vii) in May 1997 completed course in nutritional and environmental medicine by the ACNEM - one (1) week; viii) in August 1997 attended a four (4) day conference and workshop in Brisbane on energy medicine; ix) in August 1997 attended an international conference in Gerontology; x) During 1996 and 1997 the appellant attended the CHECK program (Continuous Home Evaluation of Clinical Knowledge) and completed same assessment results as yet are not available; xi) in March 1998 - the appellant attended a specialist training program in Melbourne - conducted by ACNEM - subject matters being allergies, detoxification and cancer. xii) in October 1998 the appellant attended a one (1) week General Revision Course conducted by the University of Sydney. xiii) in January 1999 completed the CHECK program of 1998 with a score of 94%. xiv) The appellant intends to attend the following programs:- a) Clinical Medicine update for General Practitioners to be held by the University of Sydney on 27 June 1999. b) Cardiology updated on 19 June 1999. c) International Congress on Natural Medicine in July 1999. d) Seminars to be held by ACNEM in September 199, subject matter being Chronic Fatigue and Psychotherapy and Nutrition. xv) Since the date of deregistration and until early January 1999 the appellant has been practising as a naturopath and nutritionist at Burwood. Since early January 1999 the appellant has ceased practising in Burwood and commenced practising from premises 129 Booth Street, Annandale. During the course of each week he would see approximately 15 people as naturopathic patients.