Public Statement and Statement of Decision in Relation to Claude Fakhouri

02 June 2016

On 28 January 2016 the Health Care Complaints Commission (“Commission”) imposed a prohibition order on massage therapist, Mr Claude Fakhouri, which was published on the Commission’s website.  The Commission removed the public statement from its website on 26 February 2016 pending the outcome of an appeal to NCAT.  Mr Fakhouri withdrew his appeal and on 13 May 2016 and the order preventing publication has been lifted. 

The Commission determined to issue the following  public statement, which outlines the prohibition order imposed, and to make the Statement of Decision (attached)

The Commission issues the following public statement under section 41A(2)(b) of the Act:

The NSW Health Care Complaints Commission conducted an investigation into the professional conduct of a massage therapist, Mr Claude Fakhouri.

The investigation found that during a consultation on 2 July 2015 with Client A, Mr Fakhouri breached Clause 3(1) of the Code of Conduct for Non-registered Health Practitioners (“the Code of Conduct”) in that he provided a health service in an unsafe and unethical manner when he:

• breached appropriate professional and social boundaries in the course of providing Client A a massage by asking her personal questions, complimenting her body’s appearance, using inappropriate language to address her and suggesting social contact outside the therapeutic setting;
• breached appropriate professional and physical boundaries by inappropriately and without therapeutic justification or consent touching Client A’s breast in the course of providing a massage;
• breached appropriate professional and social boundaries by sending Client A a text message at 8.30pm on a Friday night.

The Commission is satisfied that Mr Fakhouri breached the Code of Conduct and that he poses a risk to the health or safety of members of the public.

The Commission therefore makes the following prohibition order:

Mr Fakhouri is prohibited from providing massage services to female clients, on a paid or voluntary basis, until provision of evidence to the Commission of his successful completion of the following course:

CHCLEG003 – “Manage legal and ethical compliance” - which is a one semester course offered by Randwick TAFE as a unit of competency in its Diploma of Remedial Massage. This course can be taken as a stand-alone unit and will be offered in first and second semester in 2016. The unit is to be completed at Mr Fakhouri’s own expense.

Further Information

Access the Commission’s Statement of Decision here

See the related media release here