The NSW Health Care Complaints Commission (HCCC) has permanently banned a man operating as a counsellor and “senior psychotherapist” after finding he misrepresented his qualifications, breached child protection restrictions, and posed a serious risk to public safety.
The decision is an important reminder that not all people offering counselling or mental health services in Australia are registered health practitioners, and that vulnerable clients should carefully verify qualifications and professional credentials before seeking treatment.
Background
According to the HCCC’s Statement of Decision, Frankie Allan Bailey, also known as “Dr Allan Bailey”, was previously convicted of serious child sexual offences committed while he was a school principal in New South Wales.
Despite being subject to strict reporting obligations and conditions prohibiting contact with children, Mr Bailey later operated counselling businesses under the names “Southwest Counselling” and “Southwest Mental Health Centre”.
The HCCC investigation escalated after police alleged Mr Bailey provided counselling services to a nine-year-old child in breach of those restrictions.
The Commission ultimately determined that his conduct posed a risk to public health and safety and permanently prohibited him from providing any health services.
Who Is Frankie Allan Bailey?
According to the Commission’s findings, Mr Bailey used the name “Dr Allan Bailey” while advertising himself as a “Senior Psychotherapist/Counsellor” and “Senior Neuro Therapist”.
The HCCC found that:
- he did not hold qualifications in counselling, psychotherapy or neurotherapy;
- he used the title “Doctor” in circumstances likely to mislead clients;
- he advertised treatment services in areas including trauma, self-harm, addictions and parenting support despite lacking qualifications in those areas; and
- he used an alias so potential clients would not discover his criminal history online.
The Commission also found that Mr Bailey knew he could not obtain membership with the Australian Counselling Association because he could not obtain a Working With Children Check.
What Were the Complaints Against Frankie Allan Bailey?
The HCCC investigated whether Mr Bailey breached the Code of Conduct for non-registered health practitioners under the Public Health Regulation 2022 (NSW).
The Commission found that Mr Bailey:
- failed to provide health services in a safe and ethical manner;
- provided counselling services outside his qualifications and training;
- misrepresented his qualifications and expertise to clients;
- used misleading titles including “Doctor” and “Senior Neuro Therapist”; and
- provided counselling services to a child despite being prohibited from contact with children.
The Commission concluded that his conduct created a serious risk to members of the public.
Commentary From Tom Hunter-Leahy, Partner at The Law Office of Conrad Curry
Tom Hunter-Leahy, Partner at The Law Office of Conrad Curry, said this decision highlights the importance of transparency and accountability within the counselling and mental health sector.
“People seeking counselling or mental health support are often in extremely vulnerable situations and place significant trust in practitioners. Cases involving misleading qualifications or background can expose clients and families to serious harm.”
Mr Hunter-Leahy said the case also demonstrates why members of the public should carefully verify a practitioner’s credentials before commencing treatment.
“Before engaging any counsellor or therapist, clients should carefully double-check qualifications, professional memberships, and whether there are any disciplinary findings or prohibition orders against the practitioner.”
What Can You Do If You Have Been Affected?
People who believe they may have suffered harm as a result of unsafe or misleading counselling or health services may have several legal and regulatory options available.
Depending on the circumstances, this may include:
- lodging a complaint with the Health Care Complaints Commission;
- reporting misleading conduct to regulatory authorities;
- pursuing a civil claim for negligence, intentional torts, or misleading conduct; and
- obtaining legal advice regarding compensation for injury, psychological harm or financial loss.
Early legal advice is important to preserve evidence and assess potential claims.
What Are the Steps in Making a Claim Against Frankie Allan Bailey?
Contact a Solicitor
A solicitor can assess the circumstances of the treatment received and advise whether there may be grounds for a claim.
Obtain Relevant Records
This may include counselling records, invoices, communications, police documents, medical records, or HCCC materials.
Investigate Liability and Loss
Expert evidence may be required to determine whether the conduct fell below acceptable professional standards and whether it caused harm.
Commence Court Proceedings
If appropriate, proceedings may be commenced seeking compensation for injury, psychological harm, financial loss, or other damages.
Are There Any Time Limits in Making a Claim?
Yes. In New South Wales, strict limitation periods apply to many negligence and personal injury claims.
In some cases, proceedings generally need to be commenced within three years from the date a person discovered the injury or loss. Different limitation periods may apply depending on the type of claim and the circumstances involved.
Because limitation issues can be complex, it is important to obtain legal advice as early as possible.
DISCLAIMER
This article reflects the current law at the time of publication. Please note that cases may have been the subject to appeal or subsequent judicial consideration since the date of posting. The decisions referred to are summarised for general understanding only. It is intended for informational purposes only and does not constitute legal advice. For specific legal guidance in relation to your situation, please consult with a qualified legal professional.