Disability Service Faces $1.8 Million Fine for Death by Burns
The disability support provider was fined $1.8 million for serious shortcomings in staff training, resulting in the death of a vulnerable Indigenous woman from burns after a bath.
Kyah Lucas suffered severe burns and later died after being bathed at home by two workers from LiveBetter, a NDIS provider, in Orange, NSW.
Justice Elizabeth Raper stated that almost the maximum penalty was imposed in relation to the contraventions linked to Ms. Lucas’s tragic death.
LiveBetter, the largest disability services provider in regional NSW, was ordered to pay the hefty penalty for 17 contraventions of NDIS standards.
The court found the firm’s failures to comply with NDIS standards were extremely serious and contrary to the scheme’s purpose of protecting individuals from harm.
The NDIS Quality and Safeguards Commission filed a lawsuit against LiveBetter in March 2023, leading to a $1.8 million settlement during mediation talks.
Ms. Lucas’s vulnerabilities, including non-verbal communication and thin skin, left her susceptible to high temperatures, leading to the tragic incident.
LiveBetter has accepted the penalty and acknowledged the seriousness of the situation surrounding Ms. Lucas’s death, implementing a review and safety measures to prevent similar occurrences.
NDIS Minister Bill Shorten and Acting NDIS Quality and Safeguards Commissioner Michael Phelan emphasized the importance of safety and training for disability providers to prevent harm to participants.
LiveBetter has also been directed to cover the legal costs of the NDIS commissioner related to the case.
For support, call 13YARN at 13 92 76 or Aboriginal Counselling Services at 0410 539 905.
