Public Statement and Statement of Decision in relation to Mr Wanxim Zhang
17 June 2018
The Commission makes the following Public Statement and Prohibition Order to Mr Wanxim Zhang under section 41A(2)(a)(b) of the Health Care Complaints Act 1993:
The Commission finds that Mr Zhang breached the Code of Conduct for Unregistered Health Practitioners – Public Health Regulation 2012, Schedule 3, Clause 3(1), in that he failed to provide care in a safe and ethical manner when:
Mr Zhang was employed part time as a massage therapist in December 2016 at the Palms Spa Massage and Acupuncture clinic, located at Glenrose Village Shopping Centre, Belrose NSW 2085.
On 4 July 2017, Mr Zhang entered a guilty plea of one count each of committing assault with act of indecency on the two female victims, in contravention of section 61L of the Crimes Act 1900 (NSW).
On 25 October 2017, Mr Zhang was sentenced to a term of imprisonment to be served by way of an Intensive Corrections Order. After appealing his sentence on 1 March 2018, the Intensive Corrections Order was upheld for a period of 14 months, effective from 1 March 2018 to 30 April 2019.
In relation to the first victim, the date of offence occurred on 30 December 2016 when she attended the clinic for a 30 minute neck and back massage. Mr Zhang commenced massaging each side of her body with his hands. In so doing, his fingers touched the side of her breasts. The first victim stated that she felt his genitals pushing against her arms and at one point when he was standing next to her head, she felt his genitals pressing against the top of her head.
In relation to the second victim, the offences occurred on 11 January 2017 where she attended the Palm Spa clinic for a one hour full body massage. She undressed leaving her underpants on and laid on the massage table face down. The second victim stated Mr Zhang pulled her underwear further down until it was beneath her buttocks and he kneaded her bottom, in doing so, separating her bottom cheeks. Mr Zhang then continued to push her bottom cheeks in an upward motion, continuing to separate her cheeks and that he ran his fingers across her anus.
The second victim also stated that Mr Zhang pulled her underwear further down her thighs. He then reached underneath and rubbed the outside of her vagina for one or two minutes in a circular motion.
The offences were committed while Mr Zhang was delivering health services as a masseur. His actions were a gross violation of the fundamental trust between a health care provider and their client and the evidence indicates that his acts were premeditated.
The totality of the evidence supports a finding that Mr Zhang represents a risk to the health and safety of members of the public which necessitates the making of the following Prohibition Order pursuant to Section 41A(2)(a)(i) of the Act:
Mr Zhang is prohibited permanently from providing any health services in either paid or voluntary capacity. For the purpose of this order ‘health service’ carries the meaning given by section 4 of the Health Care Complaints Act 1993.
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 firstname.lastname@example.org.
The information is correct at the time of publication.