Health Care Complaints Commission v Drakopoulos [2021] NSWCATOD 72

Health Care Complaints Commission v Drakopoulos [2021] NSWCATOD 72

The respondent's sustained failure to notify statutory bodies of serious criminal charges and convictions, and making a false declaration in his annual renewal, constituted professional misconduct of a sufficiently serious nature to justify cancellation of registration in order to protect the public and uphold professional standards.

Parties
Applicant: Health Care Complaints Commission; Respondent: Angelo Drakopoulos
Jurisdiction
Australia
Judgment Date
28 May 2021
Procedural Posture
Professional Disciplinary Proceedings / Final Orders After Hearing
Outcome
Registration cancelled, non-review period imposed, costs awarded to applicant.
Legal Topics
Professional Misconduct, Failure to Notify Charges/convictions, Dental Practitioner Discipline, Procedural Fairness, Professional Registration
Health Law Professional Regulation Administrative Law Professional Misconduct Failure to Notify Charges/convictions Dental Practitioner Discipline Procedural Fairness Professional Registration

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Parties

Health Care Complaints Commission

Applicant

Angelo Drakopoulos

Respondent

Procedural Posture

Professional Disciplinary Proceedings / Final Orders After Hearing

Legal Issues

  1. 1 Whether the respondent's conduct amounted to unsatisfactory professional conduct
  2. 2 Whether the respondent's conduct constituted professional misconduct justifying cancellation of registration
  3. 3 Whether failure to notify criminal charges/convictions to the National Board breached statutory obligations

Ratio Decidendi

The respondent's sustained failure to notify statutory bodies of serious criminal charges and convictions, and making a false declaration in his annual renewal, constituted professional misconduct of a sufficiently serious nature to justify cancellation of registration in order to protect the public and uphold professional standards.

Court Disposition

Registration cancelled, non-review period imposed, costs awarded to applicant.

Orders

  • The registration of the respondent as a dental practitioner is cancelled.
  • A non-review period under section 163A(3)(a) of the Health Practitioner Regulation National Law (NSW) of 4 years is fixed.