Mr Timothy Moffat - prohibited from practicing

12 Jun 2014

The Commission issues the following public statement under s41A(2)(b) of the Health Care Complaints Act 1993:

The NSW Health Care Complaints Commission conducted an investigation into the professional conduct of Mr Timothy Moffat, a massage therapist, as a result of his conviction at Coffs Harbour Local Court in December 2012 for an offence of Assault with Act of Indecency pursuant to section 61L of the Crimes Act 1900 (NSW).

The investigation found that Mr Moffat breached Clause 3(1) of the Code of Conduct for Unregistered Health Practitioners 2008, superseded by the Code of Conduct for Unregistered Practitioners - Public Health Regulation 2012, by failing to provide a health service in a safe and ethical manner during a consultation with Patient A in 2010 when he massaged the naked breasts and nipples of Patient A without her consent.

The Commission is satisfied that Mr Moffat breached the above clause and poses a risk to the health or safety of members of the public.

The Commission therefore makes the following prohibition order:

Mr Moffat is prohibited from practicing, advertising or otherwise promoting himself as a massage therapist for a period of three years.

The Commission will make this Statement of Decision publicly available, under s41B(3)(c) of the Health Care Complaints Act 1993.

The Commission’s statement of decision is available here. 
The related media release is available here.


Further Information

For further information, contact the Health Care Complaints Commission, on 9219 7444 or send an email to media@hccc.nsw.gov.au.

The information in this media release is correct at the time of publication. Orders may change; for example, conditions may no longer apply. For current information, please contact the Commission.