Public Statement and Statement of Decision in relation to Mr Steven Casidy
30 July 2019
The NSW Health Care Complaints Commission conducted an investigation into the conduct of unregistered health practitioner, Mr Steven Casidy and finds that Mr Casidy has breached clause 3(1) of the Code of Conduct for Unregistered Practitioners – Public Health Regulation 2012, in that he failed to provide care in a safe and ethical manner when:
Mr Casidy was working as a qualified massage therapist, operating his own practice called ‘Bodybiz Bodyworks’ from his home in the suburb of Ocean Shores NSW 2483.
- On 17 June 2016, during the course of providing a massage treatment to Patient A, Mr Casidy assaulted Patient A and at the time of the assault committed an act of indecency on Patient A by rubbing her breasts.
- On 21 July 2017 Patient A reported the assault to the Police.
- On 1 November 2017 Mr Casidy attended the Byron Bay Police Station at the request of the Police. He was cautioned and placed under arrest for Indecent Assault.
- Mr Casidy agreed to take part in an electronically recorded interview. Mr Casidy made full admissions to touching Patient A’s breasts and nipples.
- On 31 March 2018 Mr Casidy was charged with Assault with an act of indecency contrary to section 61L of the Crimes Act 1900.
- On 3 May 2018 Mr Casidy appeared before Magistrate Viney at Byron Bay Local Court and entered a plea of guilty to the charge of Assault with act of indecency T2. Mr Casidy was convicted and was directed to enter into a good behaviour bond for 12 months pursuant to Section 9(1) of the Crimes Sentencing Procedure Act 1999.
Given the circumstances of the breaches of the Code of Conduct for Unregistered Health Practitioners - Public Health Regulation 2012, the Commission is satisfied that Mr Casidy poses a risk to the health and safety of the public.
In his role as massage therapist Mr Casidy must provide massage services in a safe and ethical manner. Mr Casidy is afforded significant trust by patients due to the intimate nature of the treatment which usually requires patients to be partially clothed. Mr Casidy abused the trust afforded to him by committing an assault with an act of indecency on Patient A. The conduct of Mr Casidy was opportunistic and demonstrated a blatant disregard for the health and wellbeing of Patient A, therefore constituting a significant breach of the Code of Conduct.
The Commission therefore makes the following prohibition order:
Mr Steven Casidy, a massage therapist from the North Coast of NSW, is permanently prohibited from providing any health services, either in paid employment or voluntarily, to any person
For the purposes of this order ‘a health service’ carries the same meaning as defined under section 4 of the Health Care Complaints Act 1993.
The Commission will make the finalised Statement of Decision publicly available under section 41B(3)(c) of the Act.
The Commission has removed from this Statement of Decision material which it considers to be confidential information pursuant to section 41B(5) of the Act.
Access the Commission’s Public Statement and Statement of Decision here.
For further information, contact the Executive Officer of the Health Care Complaints Commission, on 9219 7444.