Health Care Complaints Commission v Dowla [2018] NSWCATOD 81

Health Care Complaints Commission v Dowla [2018] NSWCATOD 81

A decision made under s 165L of the Health Practitioner Regulation National Law (NSW) is an interlocutory decision within the meaning of the Civil and Administrative Tribunal Act 2013 (NSW). The Tribunal List Manager, or their delegate, therefore has the jurisdiction to make such orders, including varying conditions...

Source-derived case information.

Parties
Applicant: Health Care Complaints Commission; Respondent: Mohammed Shareef-Ud Dowla
Jurisdiction
Australia
Judgment Date
25 May 2018
Procedural Posture
Occupational/professional Disciplinary Proceedings / Interlocutory Decision on Variation of Registration Conditions Pending Final Disciplinary Orders
Outcome
Conditions on registration varied; interlocutory orders granted; further directions listed.
Legal Topics
Interlocutory Orders, Tribunal Powers, Professional Misconduct, Disciplinary Proceedings, Statutory Interpretation
Administrative Law Health Law Professional Regulation Interlocutory Orders Tribunal Powers Professional Misconduct Disciplinary Proceedings Statutory Interpretation

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Parties

Health Care Complaints Commission

Applicant

Mohammed Shareef-Ud Dowla

Respondent

Procedural Posture

Occupational/professional Disciplinary Proceedings / Interlocutory Decision on Variation of Registration Conditions Pending Final Disciplinary Orders

Legal Issues

  1. 1 Whether a decision made under s 165L of the Health Practitioner Regulation National Law (NSW) is an interlocutory decision within the meaning of the Civil and Administrative Tribunal Act 2013 (NSW)
  2. 2 Whether such a decision can be made by the Tribunal List Manager or requires a four-member Tribunal
  3. 3 Whether further conditions should be imposed on Dr Dowla’s registration

Ratio Decidendi

A decision made under s 165L of the Health Practitioner Regulation National Law (NSW) is an interlocutory decision within the meaning of the Civil and Administrative Tribunal Act 2013 (NSW). The Tribunal List Manager, or their delegate, therefore has the jurisdiction to make such orders, including varying conditions on a practitioner's registration, where it is necessary for public protection and falls short of a final disciplinary determination.

Court Disposition

Conditions on registration varied; interlocutory orders granted; further directions listed.

Orders

  • Current conditions on Dr Dowla’s registration varied to require disclosure of misconduct finding to female patients, provision of the Stage 1 Tribunal decision, and a summary to patients in the presence of a chaperone, with records kept in the chaperone log.
  • Parties to prepare and file an agreed summary of the Stage 1 Tribunal decision, or competing summaries if agreement cannot be reached, for use in complying with the above conditions, within specified timeframes.