Health Care Complaints Commission v Dowla [2019] NSWCATOD 117

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Health Care Complaints Commission v Dowla [2019] NSWCATOD 117 Hearing dates: 10,11,12,13, and 14 December 2018 and by written submissions received 8 April 2019, 24 May 2019 and 31 May 2019. Date of orders: 26 July 2019 Decision date: 26 July 2019 Jurisdiction: Occupational Division Before: Boland ADCJ, Deputy President Assoc Prof I Rewell, Senior Member Dr J Spies, Senior Member M Kelly, General Member Decision: The Tribunal having found Dr Mohammed Shareef-Ud Dowla guilty of unsatisfactory professional conduct orders that: 1. The proceedings are listed for directions in respect of the conduct of Stage 2 of the matter on 16 August 2019 at 9.30am. Catchwords: PROFESSIONS AND TRADES – health care professionals – medical practitioner - where it is asserted practitioner has engaged in inappropriate conduct of a sexual nature in examination of female patient Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Health Practitioner Regulation National Law (NSW) Cases Cited: Briginshaw v Briginshaw (1938) 60 CLR 336; [1938] HCA 34 Fraser v Health Care Complaints Commission [2015] NSWCA 421 Health Care Complaints Commission v Dowla (Jurisdiction Issue) [2018] NSWCATOD 96 Health Care Complaints Commission v Kingston [2018] NSWCATOD 28 Health Care Complaints Commission v Sare [2018] NSWCATOD 190 King v Health Care Complaints Commission No 2 [2011] NSWCA 353 Category: Principal judgment Parties: Health Care Complaints Commission (Applicant) Dr Mohammed Shareef-Ud Dowla (Respondent) Representation: Counsel: A Britt (Applicant) K Morrissey SC with S Ahmed (Respondent)