Woman fatally scalded in 60C bath
A major disability services provider has admitted to a criminal breach of its duty of care after a young Indigenous woman suffered fatal burns while under its care.
Kyah Lucas, 28, who was non-verbal and had multiple disabilities, died in hospital five days after being bathed in scalding water by two workers from National Disability Insurance Scheme (NDIS) provider LiveBetter during a support session in Orange in the NSW Central Tablelands in February 2022.
On Monday, LiveBetter pleaded guilty in the NSW District Court to breaching its primary duty of health and safety regarding Ms Lucas's death.
A second charge of failing to immediately notify the workplace regulator of Ms Lucas's injuries was dismissed. A sentencing hearing will be held at a later date.
The case was brought by SafeWork NSW, which alleged LiveBetter engaged in negligent or reckless conduct by failing to implement basic safety measures, such as auditing the hot water system or checking bath water temperatures with a thermometer.
Regulatory documents said the organisation also failed to properly train staff to safely bathe NDIS clients and to respond appropriately after a burns incident. Kyah Lucas, who was non-verbal and had multiple disabilities, died in hospital five days after being bathed in scalding water by two workers from NDIS provider LiveBetter during a support session in February 2022. Credit: News Corp Australia
Ms Lucas had profound intellectual disabilities, Cornelia de Lange syndrome, was non-verbal, unable to walk independently and struggled to regulate her temperature, vulnerabilities LiveBetter was aware of.
On the day she was injured, LiveBetter staff removed Ms Lucas from the bath with her skin peeling. A temperature control panel revealed the water temperature was 60C, far above the safe limit of 42C.
Ms Lucas died five days later at Concord Repatriation General Hospital in Sydney.
In February, LiveBetter said it was working with regulators and agencies to ensure a safe work environment for both staff and clients.
'LiveBetter continues to mourn the tragic death of Kyah Lucas … and our thoughts remain with her grieving family,' it said at the time.
The criminal case follows separate Federal Court proceedings last year when LiveBetter was fined a record $1.8m after admitting to 17 breaches of the National Disability Insurance Scheme (NDIS) Act. The water temperature in the bath was 60C. Credit: News Corp Australia
The Federal Court was told LiveBetter fundamentally failed in its duty of care to Ms Lucas, including failing to conduct a formal risk assessment of her home, properly train and assess support workers in safe bathing techniques and deliver timely and appropriate care on the day she was burned.
Justice Elizabeth Raper said the tragic case highlighted 'fundamental failures' by LiveBetter to provide quality supports and services as required under the NDIS Act.
She noted LiveBetter staff had learnt 'on the job,' with training assessments limited to an online quiz.
'The specific harm suffered by Ms Lucas was of the most acute kind, so too can it be said of the harm to Ms Lucas's family,' Justice Raper said.
'There are no words to properly express the degree of the harm suffered.
'LiveBetter accepts that the nature and extent of the contraventions causing loss are serious as they ultimately resulted in the death of Ms Lucas.' LiveBetter pleaded guilty in the NSW District Court to breaching its primary duty of health and safety regarding Ms Lucas's death. Credit: News Regional Media
Ms Lucas had been a long-term client of LiveBetter since 2009.
Despite this, the organisation failed to identify the risks associated with her condition and implement proper safety measures, the Federal Court found.
The $1.8m penalty imposed was close to the maximum available under the legislation.
Justice Raper said the penalty reflected the 'tragic and untimely' nature of Ms Lucas's death and reinforced the importance of compliance with the high standards expected of NDIS providers.
Ms Lucas's family did not make a statement to the court, but the judgment acknowledged her vulnerability and the devastating impact of her loss.
Following the 2024 judgment, former NDIS minister Bill Shorten said disability providers had a fundamental responsibility to do everything possible to keep participants safe.
'LiveBetter failed to look after Kyah Lucas. She was a vulnerable woman who needed support, safeguarding and care,' Mr Shorten said.
LiveBetter acknowledged the court's decision and confirmed it accepted the outcome.
'This is a very significant penalty that reflects the seriousness of the circumstance surrounding Kyah's death,' a statement read.
'Kyah's death is a tragedy that has impacted all of us and our deepest sympathies remain with her family.'
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As a doula, Ms Connolly sought to bridge the gap between "families saying goodbye to their loved ones and handing them to a funeral director they've probably never met". Newcastle death doula Ruth Boydell said, "Some families want very meaningful ritualised memorials". "They want to feel like they've honoured the person in a spiritual or sacred way," Ms Boydell said. Dr Noonan said washing and dressing a departed loved one, sitting with them and viewing the body "play an important role in the grieving process". "In our fast-paced lives, there is often pressure to move quickly after someone dies. Family-led death care and funerals, however, tend to operate at a different pace. "Research shows that when people have the chance to spend meaningful time with the deceased, it can help support their grief." Jennifer's body was cremated and her ashes scattered in the ocean off Birubi Beach, a place she loved. Ms Mason said her mum had a big heart and a big effect on people. She lived with "love, laughter and light". When Jennifer Mason died at age 70, she had an unusual plan. She wanted to be brought home to Anna Bay for a few days. Jennifer, who died in early May from a massive stroke, had discussed her end-of-life wishes with daughter Katrina Mason. Instead of her body being taken to the morgue and then a funeral home, she wanted to come home. "Most people were like, 'You want to do what? You can't take the body home'," Ms Mason said. "Hospital staff and mainstream funeral providers did not know anything about how to make this happen." Ms Mason found people to help. "I said to Mum, as she was dying, that I've figured out how to do it. "And she literally started that final process of death then. Her breathing started to slow." Ms Mason said bringing the body home was part of "a movement called sacred death care". This involved death doulas who "help prepare you and your family for death". "Family and friends come and go and people share stories. There are opportunities to say thank you and anything you regret. "It is common in Pacific Island and Indigenous cultures. It's also a Tibetan Buddhist practice." Two hours after Jennifer died, she was taken home. "We put her body in her own bed on a cold plate. We shrouded her and spent the next four days at home with her," Ms Mason said. "Friends and family decorated her fully biodegradable cardboard casket. We put her in the casket on the day she was going for cremation." Ms Mason said the experience was "profoundly beneficial and beautiful". Paperbark Deathcare doula Bernadette Connolly helped with the care of Jennifer's body. "Newcastle is a conservative place, but people should know there are options," Ms Connolly said. "I call it family-led death care. The Masons opened their arms to me and I prepared Jenny's body, so they could have those days with her." Kerrie Noonan, director of the Death Literacy Institute, said, "There is increasing awareness of the role of death doulas and also home-based death care". "In NSW, we have the option of bringing our dead home," Dr Noonan said. "These are not new practices. Only two generations ago, it was common for people to die at home and be cared for until the funeral and burial." Many people are reclaiming these caring rituals, which are much cheaper than a standard funeral. John Wilson, author of Supporting People Through Loss and Grief, said being with the departed was "an important ritual across Indigenous tribes in the Pacific, including Indonesia and Australasia". He said this enabled people to "share memories and begin to accept the reality of the death". "It's also a time to find meaning in their life and honour them in death, and is likely to bring comfort. "This is something we so easily lose in our Westernised, sanitised modern funeral practices." As a doula, Ms Connolly sought to bridge the gap between "families saying goodbye to their loved ones and handing them to a funeral director they've probably never met". Newcastle death doula Ruth Boydell said, "Some families want very meaningful ritualised memorials". "They want to feel like they've honoured the person in a spiritual or sacred way," Ms Boydell said. Dr Noonan said washing and dressing a departed loved one, sitting with them and viewing the body "play an important role in the grieving process". "In our fast-paced lives, there is often pressure to move quickly after someone dies. Family-led death care and funerals, however, tend to operate at a different pace. "Research shows that when people have the chance to spend meaningful time with the deceased, it can help support their grief." Jennifer's body was cremated and her ashes scattered in the ocean off Birubi Beach, a place she loved. Ms Mason said her mum had a big heart and a big effect on people. She lived with "love, laughter and light". When Jennifer Mason died at age 70, she had an unusual plan. She wanted to be brought home to Anna Bay for a few days. Jennifer, who died in early May from a massive stroke, had discussed her end-of-life wishes with daughter Katrina Mason. Instead of her body being taken to the morgue and then a funeral home, she wanted to come home. "Most people were like, 'You want to do what? You can't take the body home'," Ms Mason said. "Hospital staff and mainstream funeral providers did not know anything about how to make this happen." Ms Mason found people to help. "I said to Mum, as she was dying, that I've figured out how to do it. "And she literally started that final process of death then. Her breathing started to slow." Ms Mason said bringing the body home was part of "a movement called sacred death care". This involved death doulas who "help prepare you and your family for death". "Family and friends come and go and people share stories. There are opportunities to say thank you and anything you regret. "It is common in Pacific Island and Indigenous cultures. It's also a Tibetan Buddhist practice." Two hours after Jennifer died, she was taken home. "We put her body in her own bed on a cold plate. We shrouded her and spent the next four days at home with her," Ms Mason said. "Friends and family decorated her fully biodegradable cardboard casket. We put her in the casket on the day she was going for cremation." Ms Mason said the experience was "profoundly beneficial and beautiful". Paperbark Deathcare doula Bernadette Connolly helped with the care of Jennifer's body. "Newcastle is a conservative place, but people should know there are options," Ms Connolly said. "I call it family-led death care. The Masons opened their arms to me and I prepared Jenny's body, so they could have those days with her." 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She lived with "love, laughter and light".
