In a recent case that has captured the attention of the community, Mr Dongyong Bao, a former massage clinic owner, faced serious criminal charges. Mr Bao, aged 50, previously owned two massage clinics in New South Wales: Magic Hands Massage Clinic in Mona Vale and Magic Care Massage in East Maitland. This article delves into the details of the case, its implications, and the importance of maintaining trust and safety in professional services.
Background
On 25 February 2021, the NSW Police charged him with multiple criminal offences. The charges included four counts of sexual touching under section 61KC(a) of the Crimes Act 1900 (NSW) and two counts of sexual intercourse without consent under section 61I of the same act. These charges stemmed from incidents that occurred during his provision of massage services at Magic Hands in Mona Vale.
Court Proceedings and Conviction
On 14 September 2023, Mr Bao was found guilty of the four counts of sexual touching. However, he was acquitted of the charges related to sexual intercourse without consent. The conviction brought to light the serious breach of trust and criminal conduct of Mr Bao aggravated by the fact that he abused his position of trust and confidence by committing egregious boundary violations with respect to his vulnerable clients.
Sentencing and Orders
On 22 May 2024, Mr Bao was sentenced to three years’ imprisonment. However, this sentence is to be served by way of an Intensive Correction Order in the community, rather than in a traditional prison setting. This type of sentencing reflects a focus on rehabilitation while maintaining a level of punishment and supervision. Specific conditions of his sentence include home detention for 12 months, a prohibition on providing any health services, and mandatory treatment and rehabilitation.
Health Care Complaints Commission Involvement
Following his conviction, Mr Bao self-notified the Health Care Complaints Commission (HCCC) on 20 September 2023. This notification conceded that his conduct breached the Code of Conduct for Unregistered Health Practitioners. Subsequently, Mr Bao did not resist the imposition of an Interim Prohibition Order, and later, a Permanent Prohibition Order against him.
The HCCC, in cooperation with NSW Police, reviewed the charges and the facts of the case. The investigation revealed disturbing details about Mr Bao’s conduct during his massage sessions, leading to his conviction.
Lessons Learned
This case underscores several critical lessons for both service providers and clients:
- Trust and Professionalism: Professionals in healthcare and related services hold a broad duty to maintain trust and integrity. Any breach of this trust invariably results in serious consequences for all involved.
- Legal Accountability: The legal system plays a crucial role in holding perpetrators accountable for their actions. This case demonstrates that offenders will be held to account, by NSW Police, NSW Courts and the HCCC.
- Public Awareness: For clients, it’s essential that they are made aware of their rights and legal recourse if they encounter inappropriate conduct in a health care and allied health services setting. Regulatory bodies like the HCCC are there to support and protect the public.
Moving Forward
Mr Bao’s actions have undoubtedly caused distress and harm. It is important for the community move forward, however, some survivors may have suffered lifelong injuries (including mental harm). The outcome for Mr Bao will hopefully provide both specific and general deterrence in order to protect the public from similar wrongdoing in the future.
How the Law Office of Conrad Curry Can Help
At the Law Office of Conrad Curry, we understand the profound impact that breaches of trust and professional misconduct can have on individuals and the community. Our experienced team is dedicated to providing compassionate, expert legal advice and representation in cases of criminal misconduct, boundary violations, professional negligence, and more.
If you or a loved one has been affected by similar issues, please reach out to us. We offer a free initial no-obligation consultation to discuss your case and provide the guidance you need. Contact us on (02) 4050 0330 or book an appointment online.
DISCLAIMER
This article reflects the current law at the time of publication. It is intended for informational purposes only and does not constitute legal advice. The actual decisions in each case are summarised for general understanding. For specific legal guidance in relation to your situation, please consult with a qualified legal professional.
