Health Care Complaints Commission v Dowla [2018] NSWCATOD 33

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Health Care Complaints Commission v Dowla [2018] NSWCATOD 33 Hearing dates: 13, 14 September 2017; 15 November 2017 Date of orders: 08 March 2018 Decision date: 08 March 2018 Jurisdiction: Occupational Division Before: K P O'Connor, AM, ADCJ, Deputy President Associate Professor M Krause, Senior Member Dr A Reid, Senior Member J Barker, General Member Decision: 1. The Tribunal finds the respondent guilty of professional misconduct in relation to the conduct the subject of Particular 1.

2. The Tribunal finds the respondent guilty of unsatisfactory professional conduct in relation to part of the conduct the subject of Particular 3 and the whole of the conduct the subject of Particular 4.

3. The matter is to be listed for a further hearing in relation to the appropriate disciplinary orders (Stage 2). Catchwords: PROFESSIONAL DISCIPLINE – Medical Profession – Consultation with Female Patient –Improper Physical Examination – Provision of Personal Phone Number to Patient – Finding of Professional Misconduct. Legislation Cited: Health Practitioner Regulation National Law (NSW) No 86a Civil and Administrative Tribunal Act 2013 Cases Cited: Briginshaw v Briginshaw (1938) 60 CLR 336 Texts Cited: Good Medical Practice: A Code of Conduct for Doctors in Australia (March 2014) Category: Principal judgment Parties: Health Care Complaints Commission (Applicant) Mohammed Shareef-Ud Dowla (Respondent) Representation: Counsel: A Britt (Applicant) C Jackson (Respondent)