Mr Marcus Ferguson – Breaches of Code of Conduct – Permanent Prohibition Order

29 October 2019

The NSW Health Care Complaints Commission investigated a number of complaints about the conduct of unregistered health practitioner Mr Marcus Ferguson.  Mr Ferguson is a self-employed counsellor in Berkeley Vale on the Central Coast.

The investigation found that during the course of his counselling sessions with a female client in May 2017, Mr Ferguson engaged in consensual sexual intercourse with that client.

The investigation found that Mr Ferguson breached Clause 13(1) of the Code of Conduct for unregistered health practitioners [Schedule 3, Public Health Regulation 2012] which provides:

  • A health practitioner must not engage in a sexual or other close personal relationship with a client.

Due to the nature of this breach, and taking into account the client’s vulnerability and the serious breach of trust displayed by Mr Ferguson, the Commission is satisfied that he poses a risk to the health and safety of members of the public.

The Commission therefore makes the following prohibition order:

  • Mr Ferguson must not provide health services, either in paid employment or voluntarily, to any female or couple (married or de facto) that includes any female.  Health Service carries the meaning given by section 4 of the Health Care Complaints Act 1993.
  • Mr Ferguson must obtain written informed consent from any male person for whom he offers shamanic healing or training.
  • Mr Ferguson must abide by the Code of Conduct made under Schedule 3 of the Public Health Regulation 2012 and ensure it is on public display in his counselling practice.

The Commission has determined not to make its Statement of Decision publicly available as it contains sensitive and personal information.

Further Information

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 in this media release is correct at the time of publication. Orders may change; for example, conditions may no longer apply. For current information regarding the status of a registered health practitioner, including any conditions that currently apply, please check the National Register at www.ahpra.gov.au.