Fine over incorrect supply of ultrasound images (Rawinia Hayes / Amazing 4D Imaging)

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A woman who admitted supplying incorrect ultrasound images of unborn babies to six expectant mothers has today been fined $6,000 by the Bunbury Magistrates Court.

Rawinia Hayes, trading as Amazing 4D Imaging of Eaton (near Bunbury), pleaded guilty to six charges of accepting payment but failing to supply goods or services in breach of the Australian Consumer Law. Six other charges relating to making false or misleading representations were withdrawn by Consumer Protection. Charges relating to three other cases were also withdrawn. Ms Hayes was ordered to pay costs of $3,411.

Ms Hayes admitted that she had supplied ultrasound images to the six consumers that were not images of their unborn babies, but denied her actions were intentionally misleading.

Magistrate Fisher agreed with the prosecution’s submission that the consumers had placed trust in Ms Hayes to deliver a desired result and that there had been a failure of that trust.

Commissioner for Consumer Protection Anne Driscoll said it had been a very emotional time for the women involved in this Court case as well as many other complainants who decided not to take part in the prosecution action.

“It has been a traumatic experience for the women who were given images which they thought were of their unborn babies, which in the end turned out not to be, and their anger and immense disappointment is understandable,” Ms Driscoll said.

“These women put their trust in Ms Hayes to capture a special moment in their lives that cannot now be replicated, and that trust was betrayed through negligence,” Ms Driscoll said.

“Businesses involved in such an emotionally sensitive area need to take extra care to ensure that the goods and services they provide meet their customers’ expectations and the images provided to expectant mothers are guaranteed to be authentic.

“This trader is not currently in business but we have been assured that, if the business is restarted, actions will be taken to prevent any future ‘mix-up’ of images, as customers of this business are legally entitled to have images that are accurate and genuine.”

Any consumer who feels they have not received the goods or services they paid for should contact Consumer Protection by email consumer@commerce.wa.gov.au or by calling 1300 30 40 54.

END OF RELEASE

Media contact (Consumer Protection)

Consumer Protection
Media release
07 Jul 2015

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