DR CHRIS TSIOUTIS [1999] NSWMT 2

DR CHRIS TSIOUTIS [1999] NSWMT 2

The applicant failed to discharge the heavy onus of proving that he was now a fit and proper person for registration. Although he had maintained medical education and was competent, the Tribunal was not satisfied that he had frankly acknowledged his full involvement in the fraudulent offences, had real insight into their gravity, or had overcome the defects of character that led to deregistration; he gave evasive evidence, shifted substantial blame to Mrs X and to a lesser extent Dr A, lied to Ms J, failed adequately to disclose his deregistration in Cyprus, and provided no recent supporting character or expert evidence demonstrating rehabilitation.

Jurisdiction
Australia
Judgment Date
15 December 1999
Procedural Posture
Application Under S.92 of the Medical Practice Act 1992 for Review and Reinstatement to the Medical Register / Medical Tribunal Determination of Application Following Prior Deregistration Order Made on 11 April 1996
Outcome
Application dismissed; reinstatement order declined.
Legal Topics
['fitness and Propriety for Registration' 'professional Misconduct' 'reinstatement After Deregistration' 'onus of Proof' 'standard of Proof' 'rehabilitation and Character']
['medical Practitioner Discipline' 'professional Regulation' 'administrative Law'] ['fitness and Propriety for Registration' 'professional Misconduct' 'reinstatement After Deregistration' 'onus of Proof' 'standard of Proof' 'rehabilitation and Character']

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Procedural Posture

Application Under S.92 of the Medical Practice Act 1992 for Review and Reinstatement to the Medical Register / Medical Tribunal Determination of Application Following Prior Deregistration Order Made on 11 April 1996

Legal Issues

  1. 1 ['Whether the applicant was now a fit and proper person to be registered as a medical practitioner.' 'Whether the applicant had overcome the defect of character which led to the conduct requiring his removal from the register.' 'Whether the applicant had rehabilitated himself to such an extent that he was now a person of good character for the purpose of practising medicine.' 'Whether effluxion of time, subsequent education and absence of further indiscretions were sufficient to justify reinstatement.']

Ratio Decidendi

The applicant failed to discharge the heavy onus of proving that he was now a fit and proper person for registration. Although he had maintained medical education and was competent, the Tribunal was not satisfied that he had frankly acknowledged his full involvement in the fraudulent offences, had real insight into their gravity, or had overcome the defects of character that led to deregistration; he gave evasive evidence, shifted substantial blame to Mrs X and to a lesser extent Dr A, lied to Ms J, failed adequately to disclose his deregistration in Cyprus, and provided no recent supporting character or expert evidence demonstrating rehabilitation.

Court Disposition

Application dismissed; reinstatement order declined.

Orders

  • ['The Tribunal declines to make a reinstatement order.' 'The application is dismissed.']