Originally issued Sunday, 17 January 2010

The Commissioner for Consumer Protection has launched legal action in two Perth Courts against Bon Levi and Colin Burton, the alleged operators of the Bikini Girls Massage business, and their employee/agent Leigh Currie, alleging misleading advertising in respect of employment and breaches of business registration laws. 

The separate legal actions involve charges in the Perth Magistrates Court for offences against the Business Names Act 1962 and Fair Trading Act 1987 and an application to the Supreme Court for restraining orders preventing any further alleged contraventions of the Acts. 

Consumer Protection alleges that the operators of Bikini Girls Massage placed multiple advertisements in the employment sections of community newspapers which were liable to mislead potential applicants as to the true nature, terms and conditions of the employment. 

The Commissioner alleges that certain advertisements for employees for a “Health Salon” were liable to mislead vulnerable female members of the community in that the advertisements omitted any reference to the fact that those responding were required to massage naked, or mostly naked, men and that they were also themselves required to be mostly naked, contrary to the Fair Trading Act 1987. 

Also, it is alleged that the advertisements failed to mention that the candidates were effectively to be sub-contractors rather than employees and that they were required to rent facilities from the operators. 

The action in the Perth Magistrates Court involves a total of 91 charges against Mr Levi (59 counts under the Business Names Act and 32 counts under the Fair Trading Act), 14 charges against Mr Burton (12 counts under the Fair Trading Act and 2 counts under the Business Names Act) and 3 charges against Ms Currie under the Fair Trading Act. 

The Supreme Court is also being asked by Consumer Protection to restrain Mr Levi and Mr Burton from operating a business using an unregistered name that does not consist of their true names and to remove any signage, website or advertising literature displaying the unregistered business name at their three premises in Applecross, Perth and Innaloo. 

A date has yet to be set for the Supreme Court action and the matter has been listed for mention in the Perth Magistrates Court on 19 February 2010.

Members of the public with any queries should contact Consumer Protection on 1300 30 40 54.

Media enquiries: 6552 9248 or cpmedia@dmirs.wa.gov.au