NDIS file lawsuit against LiveBetter over death of Orange client

It was alleged on February 7, 2022, Kyah Lucas, who was a National Disability Insurance Scheme patient and who had been a long-term disability client of Orange's LiveBetter, died from complications associated with burns she sustained five days prior, after being placed in a bathtub of hot water whilst receiving personal care support in her home.

The NDIS Quality and Safeguards Commission commenced civil penalty proceedings in the Federal Court of Australia against LiveBetter, in relation to the death of Ms Lucas. As such, the NDIS filed an originating application and concise statement in the Federal Court. Both matters were lodged on March 28, 2023 and accepted for filing on March 30.

The NDIS Commission said this matter had been the subject of an "extensive" investigation.

NDIS Quality and Safeguards commissioner, Tracy Mackey said in the most serious of cases the NDIS Commission would 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," Ms Mackey said.

"NDIS providers have very clear obligations. Failures, like those alleged by the NDIS Commission in these proceedings, will never be tolerated.

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"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."

A statement issued to the Central Western Daily by LiveBetter in relation to NDIS Quality and Safeguards Commission Federal Court proceedings said LiveBetter was aware legal proceedings had commenced in regard to the "tragic death" of Ms Lucas.

"LiveBetter has participated in the NDIS Quality and Safeguard Commission's investigation," the statement read.

"Out of respect for the court process, LiveBetter will not make a further comment at this time."

Following the February 2, 2022 incident, Ms Lucas was taken to Orange Hospital for treatment and then taken to Concord Hospital where she died on February 7.

At the time, LiveBetter CEO Natalie Forsyth-Stock said they were "absolutely devastated".

"We have supported her for many years, and she is a beautiful soul who has brought joy into the lives of many within our local LiveBetter community," she previously said.

"Her life was enriched by her incredibly loving and caring family and the strong, supportive community around her."