The Code of Conduct for unregistered health practitioners came into force on 1 August 2008. The Code sets out the minimum standards expected in the delivery of health services and applies to the practice of any person in NSW that provides a health service and is not required to register with a registration authority, such as the Medical Board.

The Health Care Complaints Commission has the power to investigate complaints and may, after an investigation finding a breach of the Code of Conduct, issue a public statement.

The Commission has made the following statements in relation to unregistered health practitioners:

28 August 2009

Public statement in relation to Mr Peter Malone

Mr Peter Malone, a massage therapist based in Winmalee NSW, has been made the subject of a prohibition order under the Health Care Complaints Act 1993, imposing the following conditions on his examination and treatment of female clients:

1. Prior to examining or treating any female client, whether in his home massage clinic or elsewhere, Mr Malone must:

   1. Inform the client that he has been charged with a sexual offence, allegedly committed upon a female client during massage treatment;

   2. Offer the client the opportunity to have a chaperone (adult third person) continuously present during all examination and treatment; and

   3. Have the client sign and date an appropriate form, certifying that they have been provided with all of the above information, and documenting their decision with regard to having a chaperone present. These forms are to be retained by Mr Malone and made available for inspection by Commission officers if required.

2. Mr Malone is to cause a sign in the following terms to be displayed in any place where he is or may be examining or treating female clients: “Female clients are advised to have a third person (chaperone) present when being examined and treated, but may elect not to do so. All female clients will be required to sign a document confirming their decision in this regard.”

3. Where a client elects to have a chaperone present:

   1. The chaperone must be acceptable to the client and may be a spouse, other family member who is over the age of 18 years, or a guardian/ carer of the client.

   2. The chaperone may not be Mr Malone’s spouse, or any other member of his family.

   3. Mr Malone is to ensure that every chaperone understands the nature of the allegations against him and their responsibility to be present throughout the entire examination and treatment.

These conditions are to remain in force until such time as the criminal charges currently pending against Mr Malone have been decided.

Read the related media release...

14 October 2008

Public statement in relation to the conduct of the radiographer Mr Ha Kyoon Jung.

On 28 October 2006, Mr Ha Kyoon Jung, an unregistered health practitioner providing radiography services, breached clause 3(1) of the Code of Conduct for unregistered health practitioners, by failing to provide services in a safe and ethical manner in respect to two clients. The breach concerns Mr Jung requiring two clients to lie in positions where their genitals were exposed to him without clinical justifications. Police and Commission inquiries have failed to locate Mr Jung.

Read the related media release...