Health providers investigated by Health Complaints Commissioner over sexual misconduct claims
More than 230 Victorian healthcare providers have been investigated for sexual misconduct allegations in the last six years; Unregistered massage therapists make the most claims.
The findings, detailed in a new report by the Health Complaints Commissioner, have reignited calls for massage therapists as well as counselors to face mandatory safety checks and other measures to protect clients.
Massage therapists, who were not required to be registered, policed or had formal qualifications, were the subject of 68 allegations of sexual harassment.
These were followed by doctors (50 complaints) and consultants (28 complaints).
Health Complaints Commissioner Assistant Professor Bernice Redley said of the 235 complaints her watchdog closed between July 1, 2019, and June 30, 2025: “These figures are quite persistent; they don’t actually go up or down.”
“My concern is that the problem is under-reported.”
The allegations included sexual intercourse without consent, kissing and hugging, massaging breasts and buttocks, inadequate coverings, requiring the client to undress more than necessary (including removing underwear), and exposing breasts and genitals.
Victorians also detailed allegations that healthcare providers recorded or distributed intimate or sexually explicit images and sexually harassed them.
In one case, a massage therapist was accused of three counts of rape and one count of sexual assault against a female client.
The woman, whom the Health Complaints Commissioner calls Sally, became increasingly distressed after her therapist called her “sexy”, touched her breast and then sexually assaulted her with his fingers during her last appointment.
“Sally told our investigators that she felt embarrassed for not objecting to the therapist’s behavior during appointments and blamed herself for what happened,” the commissioner said.
With the woman’s consent, the commissioner reported the incident to the police, who launched their own investigation and later blamed the therapist, who pleaded guilty in court.
While the police investigation was ongoing, the monitor filed a Temporary Restraining Order preventing the therapist from working. The provider was then permanently banned from providing any healthcare services.
This imprint revealed in December that at least nine Victorian massage therapists had been convicted of rape or sexual assault within five years.
“This is a serious breach of trust,” Redley said of the situation.
Unlike doctors, nurses, dentists and other registered healthcare professionals, massage therapists are not legally required to have formal qualifications or be registered with the Australian Health Practitioner Regulation Agency.
The self-regulated industry is instead monitored under a “negative licensing” system that allows authorities to investigate complaints and ban people who threaten public safety. They must comply with the National Code of Conduct for Healthcare Professionals, which determines the expectations of healthcare professionals.
The Massage Therapists Association, one of several industry groups that voluntarily enforce codes of ethics and professional standards to police their members, has long argued that the current system does not adequately protect the public.
He advocates mandatory qualifications, mandatory criminal background checks and inclusion of massage therapists in a centralized national registry.
“You can set up a practice right now and the next day say you’re a massage therapist, there’s no barrier to entry,” said Rebecca Barnett, the association’s chief executive.
“Generally speaking, therapy is achieved through some level of undressing. This extra level of sensitivity may explain the level of complaints you see.”
The Australian Psychotherapy and Counseling Federation has been calling for tighter regulations for almost three decades. Recently, the case of a convicted child sex offender was highlighted in NSW who was able to pose as a counselor due to the lack of mandatory qualifications. He did this to establish contact with children.
The peak body’s chief executive, Johanna de Wever, said the industry’s self-regulation, although well-intentioned, had created a real patchwork of different standards.
He said it was problematic that anyone could call themselves a consultant without any qualifications and that the term should be protected under national health laws.
“Any complaint is disappointing and should not be tolerated in the clinical workforce working with vulnerable people,” De Wever said. “The people who come before the Health Complaints Commissioner are often people who are not registered as counselors and are not held accountable by organizations like ours.”
Membership of the organization is voluntary and requires completion of an accredited qualification (usually a three-year undergraduate degree or postgraduate study). In line with new national standards for counselors and psychotherapists, they are required to complete 20 hours of professional development and 10 hours of clinical supervision annually.
The report stated that significant regulatory action was taken against 12 percent of the identified providers.
Of the 214 providers identified in the complaints, 25 were subject to regulatory orders. 141 temporary and permanent ban decisions and 3 warning notices were issued.
All allegations of sexual misconduct against a registered provider, such as a doctor, are referred to AHPRA.
He said the changes introduced in 2023 had led to more sexual misconduct complaints being referred to experienced investigators, with fewer complaints now being closed in the early stages.
University of Melbourne Professor Marie Bismark, who led the world’s largest study into sexual abuse among registered health practitioners, said professions where sensitive conversations or treatments took place behind closed doors were at the highest risk of allegations of sexual abuse.
“Massage therapists and counselors clearly fit that description,” said Bismark, who is also a psychiatrist and attorney. “Whereas, when you go to your dentist, there will probably be a dental therapist or an assistant in the room.”
Some sexual misconduct allegations relate to sexually motivated predatory behavior, while others stem from poor communication, Bismark said.
“There may have been really poor communication from the therapist about why they were touching that part of the body and why they were asking the patient to undress,” he said.
“Explaining what you plan to do, getting the patient’s consent, and checking in with their comfort level is really important.”
Earlier this year, Australian health ministers published their response to an independent review of health practitioner regulation that recommended the scheme be extended to high-risk professions, including massage therapy.
Ministers agreed to support further work on assessing professions for entry into the programme.
A federal government spokesman said reports of sexual abuse by massage therapists were disgusting.
“All patients should feel safe working with healthcare professionals,” he said.
A Victorian government spokesman said the Health Complaints Commissioner has the power to investigate complaints and take action against any general healthcare provider, including unregistered practitioners, who pose a risk to public safety.
“Every Victorian deserves to feel safe when accessing healthcare and any sexual misconduct by a healthcare provider is completely unacceptable.”
