NDIS Provider Fined $675,000 Following Client Fatality
An NDIS provider was fined $675,000 after a client died from injuries sustained in hot bathwater while under the care of two support workers in 2022.
The following is an abridgement of an article originally published by SafeWork NSW.
Incident Summary
A National Disability Insurance Scheme provider was prosecuted after a client died from injuries sustained on 2 February 2022. According to SafeWork NSW, the client was placed in hot bathwater while in the care of two disability support workers employed by the provider.
Legal Outcome
The provider pleaded guilty in the District Court of NSW to an offence under section 32 of the Work Health and Safety Act 2011 (NSW) for failing to comply with its duty under section 19(2) of the Act. The court imposed a fine of $675,000. SafeWork NSW noted that the provider retains the right to appeal the sentence.
Commissioner's Comment
SafeWork Commissioner Janet Schorer stated,
"Those employed to work with National Disability Insurance Scheme participants have a certain duty of care not only to their co-workers, but to the participants of the scheme who require their care. SafeWork NSW reminds all businesses of their duty to ensure their workers are appropriately trained and educated to provide an adequate service to all service recipients."
