Health Care Complaints Commission v Dowla (No 2) [2019] NSWCATOD 156

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Health Care Complaints Commission v Dowla (No 2) [2019] NSWCATOD 156 Hearing dates: 16 September 2019 Date of orders: 11October 2019 Decision date: 11 October 2019 Jurisdiction: Occupational Division Before: Boland ADCJ, Deputy President Assoc. Professor I Rewell, Senior Member Dr J Spies, Senior Member M Kelly, General Member Decision: (1) Dr Mohammed Shareef-Ud Dowla (the practitioner) is reprimanded. (2) The Medical Council of NSW is the appropriate review body in respect of the condition on the practitioner's registration. (3) The Health Care Complaints Commission is to: (a) pay the costs of Dr Mohammed Shareef-Ud Dowla of and incidental to the proceedings of 1 June 2018 as agreed and failing agreement as assessed under the Legal Profession Uniform Law Application Act 2014 (NSW). (b) to pay 90 per cent of the costs of Dr Mohammed Shareef-Ud Dowla of and incidental to the disciplinary proceedings heard on 10,11,12, 13 and 14 December 2018 as agreed and failing agreement as assessed under the Legal Profession Uniform Law Application Act 2014 (NSW). (c) pay 90 per cent of the costs of Dr Mohammed Shareef-Ud Dowla in respect of the written submissions relative to the proceedings referred to in Order 3 (b) of these orders as agreed and failing agreement as assessed under the Legal Profession Uniform Law Application Act 2014 (NSW). (d) pay 90 per cent of the costs of Dr Mohammed Shareef-Ud Dowla of and incidental to the hearing on 16 September 2019 as agreed and failing agreement as assessed under the Legal Profession Uniform Law Application Act 2014 (NSW). Catchwords: PROFESSIONS AND TRADES – health care professionals – medical practitioners – where Tribunal found practitioner guilty of unsatisfactory professional conduct – costs – where allegation of professional misconduct not established Legislation Cited: Health Practitioner Regulation National Law (NSW) (the National Law) Legal Profession Uniform Law Application Act 2014 (NSW) Suitors' Fund Act 1951 (NSW) Cases Cited: Director-General, Department of Ageing, Disability and Home Care v Lambert [2009] NSWCA 102; (2009) 74 NSWLR 523 Health Care Complaints Commission v Do [2014] NSWCA 307 Health Care Complaints Commission v Dowla (Jurisdiction Issue) [2018] NSWCATOD 96 Health Care Complaints Commission v Philipiah [2013] NSWCA 342 Lee v Health Care Complaints Commission [2012] NSWCA 80 Lucire v Health Care Complaints Commission [2011] NSWCA 99 Northern Territory v Sangare [2019] HCA 25 Oshlack v Richmond River Council (1998) 193 CLR 72 Psychologists Registration Board of Australia v Coleman (Review and Regulation) [2013] VCAT 738 Riley v Health Care Complaints Commission [2019] NSWCATOD 54 Category: Principal judgment Parties: Health Care Complaints Commission (Applicant) Dr Mohammed Shareef-Ud Dowla (Respondent) Representation: Counsel: S Ahmed (Respondent)