Public Statement and Statement of Decision in relation to Mr Xiawen (Jack) Shen

22 June 2018

The NSW Health Care Complaints Commission conducted an investigation into the professional conduct of Mr Xiawen (Jack) Shen, a massage therapist working in Albury NSW.

On 27 July 2017, in the Albury Local Court, Mr Xiawen Shen pleaded guilty to, and was convicted of fourteen counts of assault with an act of indecency (section 61L of the Crimes Act 1900). Mr Shen committed these offences whilst providing massage therapy to female patients at Royal Hands Chinese Massage, West End Plaza, 487 Kiewa Street, Albury NSW 2640 and Balance Chinese Massage, Myer Centrepoint, 525 David Street, Albury NSW 2640.

The Investigation found that:

Mr Shen breached clause 3(1) of the Code of Conduct for unregistered health practitioners (made under Schedule 3 of the Public Health Regulation 2012), in that he did not provide health services in a safe and ethical manner, when:
 
i. Between 10.45 a.m. and 12.10 p.m. on 7 January 2017 at Albury, during a massage session which Mr Shen conducted, he committed the offence of assault with an act of indecency when he used his fingers to rub Patient A’s vagina through her underwear.

ii. Between 12.00 p.m. on 1 March 2016 and 12.00 p.m. on 30 April 2016 at Albury, during a massage session which Mr Shen conducted, he committed the offence of assault with an act of indecency when he rubbed his fingers over Patient B’s vagina, used his fingers to spread her buttocks apart and ran his fingers between her buttocks close to her anus.

iii. Between 2.30 p.m. and 4.00 p.m. on 31 December 2016 at Albury, during a massage session which Mr Shen conducted, he committed the offence of assault with an act of indecency when he rubbed his penis along Patient C’s hand and upper arm, and rubbed her vagina with his right forearm multiple times.

iv. Between 9.00 a.m. and 6.00 p.m. on 7 November 2016 at Albury, during a massage session which Mr Shen conducted, he committed the offence of assault with an act of indecency when he rubbed Patient D’s vagina with his fingers and hands.

v. Between 1.00 p.m. and 1.30 p.m. on 9 July 2016 at Albury, during a massage session which Mr Shen conducted, he committed the offence of assault with an act of indecency when he rubbed his fingers upon Patient E’s vagina, massaged her breasts, climbed on top of her and held her on the table with his body weight.

vi. Between 8.00 a.m. on 1 March 2016 and 5.00 p.m. on 31 March 2016 at Albury, during a massage session which Mr Shen conducted, he committed the offence of assault with an act of indecency when he stroked Patient F’s breasts and nipples, used his thumbs to spread her buttocks apart, rubbed his hands over her vagina and flicked her clitoris with his thumbs.

vii. In early February 2016 at Albury, during a massage session which Mr Shen conducted, he committed the offence of assault with an act of indecency on Patient G.

viii. Between 12 and 13 March 2016 at Albury, during a massage session which Mr Shen conducted, he committed the offence of assault with an act of indecency on Patient H.

ix. Between 1 and 31 May 2016 at Albury, during a massage session which Mr Shen conducted, he committed the offence of assault with an act of indecency on Patient I.

x. Between 1 May and 30 June 2016 at Albury, during a massage session which Mr Shen conducted, he committed the offence of assault with an act of indecency on Patient J.

xi. Between 1 July and 1 September 2016 at Albury, during a massage session which Mr Shen conducted, he committed the offence of assault with an act of indecency on Patient K.

xii. On 13 October 2016 at Albury, during a massage session which Mr Shen conducted, he committed the offence of assault with an act of indecency on Patient L.

xiii. Between 1 March and 30 April 2016 at Albury, during a massage session which Mr Shen conducted, he committed the offence of assault with an act of indecency on Patient M.

xiv. Between 1 August and 30 September 2016 at Albury, during a massage session which Mr Shen conducted, he committed the offence of assault with an act of indecency on Patient N.

The Commission is satisfied that Mr Xiawen Shen poses a risk to the health or safety of members of the public.

Prohibition order

As a consequence of the findings that Mr Xiawen Shen has breached the Code of Conduct and poses a risk to the health or safety of members of the public, the Commission makes the following prohibition order pursuant to section 41A(2)(a) of the Health Care Complaints Act 1993:

Mr Xiawen (Jack) Shen is permanently prohibited from providing any health services, in either a paid or voluntarily capacity.

Further Information

Access the Commission’s Statement of Decision here.

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

The information  is correct at the time of publication.