The ruling serves as a warning to all disability service providers to ‘up their game’, says acting NDIS Quality and Safeguards Commissioner.
LiveBetter Services Limited, a regional disability services provider, has been ordered to pay $1.8 million in relation to the death of Kyah Lucas, who sustained burns during a visit from two LiveBetter employees.
The NDIS provider was also ordered to pay the National Disability Insurance Scheme Commissioner’s legal costs.
The ruling followed legal proceedings initiated by the NDIS Commission in April 2023, who alleged that LiveBetter did not comply with their requirements under the NDIS Act 2013, the NDIS code of conduct and the NDIS practice standards on multiple counts in their care of Ms Lucas.
Ms Lucas, an Indigenous woman, died in a Sydney hospital five days after suffering burns to 35-40% of her body.
The NDIS participant, who was non-verbal and intellectually disabled, suffering from the genetic disorder Cornelia de Lange syndrome, was bathed by two LiveBetter workers at her home in Orange in NSW in February 2022.
In the lawsuit, submitted by the NDIS Quality and Safeguards Commission in April, the Commission and LiveBetter agreed that there were 17 contraventions of the NDIS Act by the NDIS provider.
Delivering the federal court’s judgement yesterday, Justice Elizabeth Raper said:
“LiveBetter’s failures were antithetical to [the] stated object of the statutory scheme, to protect and prevent Ms Lucas from harm arising from unsafe supports and services provided under the Scheme.
“The specific harm suffered by Ms Lucas was of the most acute kind, so too can it be said of the harm to Ms Lucas’ family.
“There are no words to properly express the degree of the harm suffered.
“LiveBetter accepts that the nature and extent of the contraventions causing loss are serious as they ultimately resulted in the death of Ms Lucas.”
Acting NDIS Quality and Safeguards Commissioner Michael Phelan said the court’s decision was a warning to other disability service providers.
“The findings from this proceeding put all NDIS providers on notice that they need to pick up their game and ensure their staff are properly trained and highly competent,” he said.
“All disability providers and support workers must have safety front of mind when it comes to supporting people with disability.
“We will not hesitate to take action where providers fail to keep people with disability safe.”
NDIS Minister Bill Shorten said the NDIS sent a firm message to providers.
“LiveBetter failed to look after Kyah Lucas,” he said.
“She was a vulnerable woman who needed support, safeguarding and care.
“We want to send a strong message that those entrusted with the care of NDIS participants will be held to the highest standards.”