Health Care Complaints Commission v Dowla [2018] NSWCATOD 81

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Health Care Complaints Commission v Dowla [2018] NSWCATOD 81 Hearing dates: On the papers Date of orders: 25 May 2018 Decision date: 25 May 2018 Jurisdiction: Occupational Division Before: A Britton, Principal Member Decision: (1) Pursuant to s 165L of the Health Practitioner Regulation National Law (NSW), the current conditions on Dr Dowla's registration are varied by: (a) Adding after the words "the practitioner's registration" in Condition 5, the words "and the Stage 1 Tribunal decision (Health Care Complaints Commission v Dowla [2018] NSWCATOD 33)". (b) Adding after the words "Practice Conditions" in Condition 6, the words "the Stage 1 Tribunal decision (Health Care Complaints Commission v Dowla [2018] NSWCATOD 33)". (c) Inserting a new condition, Condition 6A in the following terms: 6A Prior to commencing consultation with any female patient, the practitioner must: a) disclose to that patient that he has been found guilty of professional misconduct in the New South Wales Civil and Administrative Tribunal; b) provide to that patient, a hardcopy of the Stage 1 Tribunal decision (Health Care Complaints Commission v Dowla [2018] NSWCATOD 33) and the conditions currently on his registration; c) give the documents described in paragraph (a) and (b) to that patient in the presence of the chaperone and the disclosure must be noted and signed for by the chaperone in the chaperone log next to each patient.

(2) Pursuant to s 165L of the Health Practitioner Regulation National Law (NSW), the additional conditions imposed on Dr Dowla's registration on 25 May 2018 are varied by adding to paragraph (b) of Condition 6A after the words "(Health Care Complaints Commission v Dowla [2018] NSWCATOD 33)" the words "and a summary of that Decision in the form as attached to Annexure A to these Conditions". This order will come into effect on 29 June 2018.