NDIS Commission commences legal action over the death of an NDIS participant
The NDIS Quality and Safeguards Commission (NDIS Commission) has commenced civil penalty proceedings in the Federal Court of Australia against LiveBetter Services Limited (LiveBetter), in relation to the death of Ms Kyah Lucas.
Ms Lucas, who was an Aboriginal woman and NDIS participant, died on 7 February 2022 from complications associated with the burns she sustained after being placed in a bathtub of hot water whilst receiving personal care supports in her home in Orange, NSW.
This matter has been the subject of an extensive investigation by the NDIS Commission.
The NDIS Commission has commenced civil penalty proceeding and has filed an originating application and concise statement in the Federal Court.
NDIS Quality and Safeguards Commissioner, Tracy Mackey said that in the most serious cases, like this, the NDIS Commission will take strong action such as banning workers or providers, de-registering providers and seeking civil penalties.
“The death of Ms Lucas is tragic and our sympathies continue to be with her loved ones,” said Tracy Mackey. “NDIS providers have very clear obligations. Failures, like those alleged by the NDIS Commission in these proceedings, will never be tolerated.”
“We will use our power to investigate any matters relating to any NDIS provider and workers where the provider has failed to deliver supports and services in a safe and competent manner with care and skill.”
The NDIS Commission is in contact with Ms Lucas’ family who have requested that their privacy be respected.
ENDS
This media release was updated on 20 June 2023 to include that Ms Lucas was an Aboriginal woman, as requested by the family.