A Sydney psychiatrist found guilty of sexually assaulting a drunk colleague has been allowed to continue to practise despite the state's health regulator trying to have him struck off.
Gopi Ilawala was found guilty of two offences of sexually touch another person without consent in Sydney's Downing Centre in June 2024.
Findings published by the New South Wales Civil and Administrative Tribunal (NCAT) detailed the offending as happening at a party held at Ilawala's home in 2022.
The woman attending the party was described as "extremely intoxicated" and in the recovery position on a bed when Ilawala kissed her, bit her ear, lifted her dress and moved her underwear to the side.
The woman disclosed what had happened to a colleague in a taxi on the way home and then told her father and the police.
Ilawala was found guilty of the offences without the court recording a conviction.
"In his remarks on sentence, the Magistrate assessed the conduct as falling towards the lower end of objective seriousness because the conduct occurred over a short duration and was 'opportunistic',"
the NCAT findings said.Doctor reprimanded, allowed to practise
In a March hearing at NCAT – the only body with the power to remove a NSW health practitioner's registration — the Health Care Complaints Commission (HCCC) sought to have Ilawala's registration cancelled.
According to the findings, published this month, the HCCC had argued in favour of cancellation to recognise the gravity of Ilawala's offending and denounce it, deter other practitioners from engaging in similar conduct and support public confidence in the medical profession.
The tribunal ruled instead to reprimand Ilawala and impose a condition on his registration that he continue to consult with his own psychiatrist, Jeremy O'Dea, until that doctor was satisfied Ilawala understood the causes of his offending and could better deal with stress.
"When asked how the offences came about, the practitioner said that he had consumed alcohol to the point where he was disinhibited and where his capacity to think clearly was impaired," the findings said.
"These incidents also occurred at a point in the practitioner's personal life which were difficult and stressful for him, including serious illness and deaths of family members.
"The practitioner believes in hindsight that these familial stressors created a chronic state of stress in him which he did not recognise at the time."
The tribunal noted Ilawala had expressed an understanding of his victim's experience and shown remorse and contrition.
Two senior psychiatrists wrote letters in support of Ilawala, who did not have prior criminal convictions.
"We do not regard the circumstances of the Practitioner's conduct, while serious, are such that he is unfit in the public interest to practise medicine," the tribunal findings said.
According to the findings, Ilawala's contracts with the South Western Sydney Local Health District and Mid North Coast Local Health District were cancelled after he was charged. He also had his Working With Children Clearance cancelled and was placed on the NSW Service Check Register.
He was now working part-time "in a number of facilities", including caring for people in low socio-economic circumstances and asylum seekers, the findings said.