Apr 3, 2023

Share Regional NSW’s largest National Disability Insurance Scheme provider is being sued by the industry watchdog over the death of a young woman who sustained burns while in its care in 2022. The NDIS Quality and Safeguards Commission launched legal action against LiveBetter Services late last week. According to the government’s Australian Charities and Not-for-profits Commission (ACNC), more than 37 per cent, or $43.2 million, of LiveBetter’s revenue is from the government in the past financial year. The NDIS watchdog is suing the largest regional provider in NSW. LiveBetter, formerly CareWest, is the largest NDIS provider in rural NSW. Kyah Lucas died in February 2022 from complications associated with burns she sustained after she was put into a hot bathtub while receiving personal care at her home in Orange, NSW. Ms Lucas had multiple health conditions, including Cornelia De Lange Syndrome, a developmental disorder that affects many parts of the body. Advertisement “Those conditions included that Ms Lucas had thin skin, which was particularly sensitive to temperature, and that she was non-verbal and could not communicate that she was suffering physical pain or harm,” the concise statement said. It is alleged the bathwater was only checked by feel and “not in a reliable manner, or by reference to Ms Lucas’ specific needs and vulnerabilities”. Ms Lucas could not communicate to staff that the water was burning her. She died in hospital five days later. NDIS Quality and Safeguards Commissioner Tracy Mackey said it was a serious claim and the NDIS Commission would take strong action in such cases. Where such allegations are proven to be true, it may ban workers or providers, deregister providers and seek civil penalties. “The death of Ms Lucas is tragic and our sympathies continue to be with her loved ones,” Ms Mackey said. “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 [including allegations] where the provider has failed to deliver supports and services in a safe and competent manner with care and skill.” Advertisement The NDIS Commission said it was in contact with Ms Lucas’ family, which had requested privacy. LiveBetter said it was “aware of the proceedings and have no comment to make”. It will have an opportunity to file a defence at a later date. In the event that it wins its claim against LiveBetter, the NDIS watchdog is seeking declarations from the court that LiveBetter failed to comply with the NDIS code of conduct “in that it did not provide supports and services in a safe and competent manner, with care and skill”, the originating application said. The watchdog is also seeking financial penalties. LiveBetter has come under scrutiny since an investigation by The Sydney Morning Herald in 2018 revealed allegations from parents of NDIS participants in LiveBetter’s care raised concerns their children were assaulted in the group’s disability care homes.