Massage therapist banned for life after sexually assaulting three women

A former massage therapist has been hit with a life ban from providing any health service after he was deemed a risk to patients for sexually assaulting three women during procedures.

Phillip Roy Newman, 68, was given an 18-month suspended sentence in 2016 after pleading guilty to the three counts, leading the Health Ombudsman to bring disciplinary action against him.

Between 2009 and 2010, the man sexually assaulted three women while claiming to carry out lymphatic drainage massages.Credit: File image

A Queensland Civil and Administrative Tribunal late last year found Newman posed a "serious risk" and permanently banned him from providing any health service in the future.

In his decision published last week, deputy president Judge John Allen, QC,  said the likelihood of that risk was high because Newman had shown a "past propensity to offend against patients when they are in a vulnerable and trusting state".

Judge Allen said his conduct related to several patients and over a substantial period of time while working at various locations in south-east Queensland.

The relevant offending occurred between 2009 and 2010, and involved Newman "massaging" the breasts of three women while claiming to carry out legitimate lymphatic drainage massages.

"The respondent’s conduct constituted a gross violation of the trust he owed to each vulnerable patient," Judge Allen said. "Each patient suffered emotional harm as a consequence of the respondent’s conduct."

Newman was not charged with criminal offences until October 2014. A referral was filed to the tribunal in April 2018, with the Health Ombudsman issuing an interim ban that July.

The tribunal received evidence Newman had "no wish" to engage in the proceedings, "and, thus, has not opposed the orders sought by the applicant".

In determining whether a risk was posed to patients, Judge Allen said there was nothing before the tribunal to suggest Newman had developed an insight or sought to address any underlying issues which may have contributed to his actions.

"The tribunal could have no confidence that the respondent no longer has a propensity to place his own sexual gratification over and above the care of his patients," Judge Allen said.

Parties were ordered to bear their own costs of the proceeding.