A Sydney psychiatrist who was found guilty of sexually assaulting an intoxicated colleague has been allowed to continue practising medicine following a decision by the New South Wales Civil and Administrative Tribunal (NCAT).
Dr Gopi Ilawala was found guilty in 2024 of two counts of sexually touching another person without consent after an incident that occurred during a party held at his home in 2022. The woman involved, who was also a medical colleague, had become extremely intoxicated and had been placed in a bedroom to recover.
According to the tribunal's findings, Dr Ilawala entered the room where the woman was resting and kissed her, bit her ear, lifted her dress and moved her underwear while she was incapable of consenting. The woman later disclosed the incident to a colleague while travelling home and subsequently reported the matter to police.
Although the Downing Centre Local Court found Dr Ilawala guilty of the offences in June 2024, no criminal conviction was formally recorded against him. The court instead imposed a Conditional Release Order, taking into account factors including his previously unblemished record.
Following the criminal proceedings, the Health Care Complaints Commission (HCCC) sought to have Dr Ilawala struck off the medical register, arguing that cancellation of his registration was necessary to uphold public confidence in the medical profession and deter similar conduct by other practitioners.
However, after considering evidence presented during disciplinary proceedings, NCAT concluded that while the conduct was serious, it did not justify permanently removing him from medical practice.
Instead, the tribunal issued Dr Ilawala with a formal reprimand and imposed conditions requiring him to continue consulting with his treating psychiatrist, Dr Jeremy O'Dea, until it is determined that he has adequately addressed the factors contributing to his offending behaviour and developed strategies to better manage stress.
The tribunal noted that Dr Ilawala had demonstrated remorse and insight into the impact of his actions. It also considered evidence that he had undertaken education relating to professional boundaries and workplace sexual harassment.
Two senior psychiatric colleagues provided statements supporting his continued registration, arguing that his conduct, although serious, did not establish that he was unfit to practise medicine in the public interest.
NCAT further noted that Dr Ilawala's employment contracts with the South Western Sydney Local Health District and Mid North Coast Local Health District had been terminated following the charges. His Working With Children Check had also been cancelled, and his details placed on the NSW Service Check Register. Despite this, he had since returned to work in several part-time medical roles, including providing care to people from disadvantaged backgrounds and asylum seekers.
The case has generated significant public debate, with critics questioning whether health practitioners found guilty of sexual misconduct should be permitted to continue treating patients.
Others argue that regulatory decisions must balance public protection, rehabilitation, and an individual's capacity to safely continue practising under strict conditions.
The tribunal's decision means Dr Ilawala will remain registered as a medical practitioner, subject to ongoing oversight and compliance with the conditions imposed by NCAT.
The formal reprimand will also appear on the national register of health practitioners, ensuring transparency regarding the disciplinary findings.
The case highlights the complex considerations involved when professional regulators assess whether misconduct outside direct patient care should result in a practitioner being permanently removed from the profession.
