Young woman burns to death after tragic NDIS bathtub mistake
Kyah Lucas suffered burns to almost half her body when she was bathed at a home in Orange, in central western NSW, by two workers from NDIS provider LiveBetter in February 2022.
Ms Lucas was removed from the bath with her skin peeling, and a temperature control panel showed the water was 60C rather than the usual maximum setting of 42C.
The 28-year-old, who had conditions that left her non-verbal and with thin skin, died in a Sydney hospital five days later.
LiveBetter was fined a record $1.8 million in the Federal Court in April 2024 after the NDIS Quality and Safeguards Commission took action against it over multiple failures to comply with its standards of care.
On Monday, the care provider pleaded guilty in the NSW District Court to a criminal charge in a separate case brought by SafeWork NSW.
It has admitted one count of breaching its primary duty of health and safety regarding Ms Lucas.
A charge of failing to immediately notify the workplace regulator of Ms Lucas's injuries was dismissed.
The risk to Ms Lucas, whose conditions left her vulnerable to burns, was being bathed in water that was an unsafe temperature, the regulator alleged in documents before the court.
The organisation was accused of negligent or reckless conduct through failing to implement safety procedures, like audits of the hot water system or double-checking the temperature with a thermometer.
LiveBetter was also accused of failing to develop adequate training for its workers on bathing NDIS clients in line with their needs or how to respond after a burns incident.
In February, LiveBetter said in a statement that while it could not comment on the case, it was working with the regulator and other agencies to ensure a safe work environment for staff and clients.
"LiveBetter continues to mourn the tragic death of Kyah Lucas ... and our thoughts remain with her grieving family," it said.
During the Federal Court case, Justice Elizabeth Raper heard LiveBetter staff looking after Ms Lucas learned "on the job" and that atheir training assessments were 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' family," Justice Raper said in her judgment.
"There are no words to properly express the degree of the harm suffered."
A sentence hearing in the SafeWork NSW case will be held at a later date before Judge Wendy Strathdee.
Try Our AI Features
Explore what Daily8 AI can do for you:
Comments
No comments yet...
Related Articles
The Guardian
05-08-2025
- The Guardian
The Descendants: the search for Tom Wills
In Australia, the crisis support service Lifeline is 13 11 14. And support and counselling specifically for Aboriginal and Torres Strait Islanders is available at 1 3 YARN, that's 13 92 76.
Reuters
28-07-2025
- Reuters
US appeals court extends suspension of 98-year-old judge in fitness probe
WASHINGTON, July 28 (Reuters) - The U.S. Court of Appeals for the Federal Circuit said on Monday that it would extend its suspension of 98-year-old judge Pauline Newman for another year after determining that she had not complied with an internal investigation into her fitness to serve on the Washington, D.C.-based court. A committee of the court's active judges determined, opens new tab that reports from doctors chosen by Newman did not eliminate the need for her to undertake "a full neuropsychological battery of tests" to ascertain whether she was capable of continuing to serve. Newman's attorney Greg Dolin said on Monday that the committee did not take sufficient time to consider their arguments, noting that the court published its 90-page opinion just days after a July 24 hearing on the suspension. "The idea that they took anything we said seriously" was "just laughable," he told Reuters. Dolin argued during the hearing that the court had enough information from several medical experts to resolve the investigation and end Newman's suspension, according to a transcript. A spokesperson for the Federal Circuit declined to comment on the ruling. Newman is the oldest federal judge not to have taken a form of semi-retirement known as senior status. Appointed to the Federal Circuit by Republican President Ronald Reagan in 1984, Newman is a respected patent jurist and a prominent dissenter at the Washington, D.C.-based court, which frequently rules on high-stakes intellectual property cases involving major companies. The Federal Circuit's chief judge, Kimberly Moore, said in orders made public in 2023 that Newman had shown signs of serious cognitive and physical impairment. The court suspended Newman later that year after finding that she had refused to cooperate with an investigation into her fitness. Newman has maintained that she is fit to serve and sued the council over her suspension. A judge dismissed her case last year, and a separate federal appeals court in Washington is currently considering whether to revive it. Newman has submitted reports from neurologists vouching for her mental fitness. The court on Monday expressed concerns about the reports' credibility, finding that they contained misstatements about her health and that her medical records contained concerns about fainting episodes and impaired memory. "The expanded record leaves no doubt that the neuropsychological testing ordered by the committee from the outset is necessary," the court said.
Daily Mail
06-07-2025
- Daily Mail
Urgent NDIS warning issued that 10,000 vulnerable children will lose access to services: 'Tip of the iceberg'
More than 55,000 Australians have signed a petition urging a reversal to recent changes to the National Disability Insurance Scheme (NDIS). On July 1, the Albanese government froze pay rates for allied health workers for a sixth consecutive year and slashed travel reimbursements. According to a national peak body, at least 25 major NDIS providers have already been forced to consider closure or significant service reductions. National Disability Services CEO Michael Perusco has warned that thousands of children with disabilities could lose access to their therapists. 'It will impact well over 10,000 participants, most of whom are children. It's important to say that's the tip of the iceberg,' he told the Daily Telegraph, A grassroots campaign called It's Now or Never is leading a charge against the cuts, calling on the National Disability Insurance Agency (NDIA) and its board to urgently review the pricing structure. The petition has amassed tens of thousands of signatures in less than a month, with 56,009 signed as of publication. A coalition of peak bodies, including the Australian Physiotherapy Association, Dietitians Australia, Australian Podiatry Association, Australian Psychological Society, Australian Association of Social Workers, and Behaviour Support Practitioners Australia are spearheading the push. They warn that the revised pricing guide threatens both participant access and provider sustainability. 'This decision follows five years of pay freezes across the sector, paired with rising operating costs,' a joint statement from peak bodies read. 'It's stretching NDIS providers to breaking point.' The NDIA has also flagged its intention to eliminate higher price loadings for services in regional areas of WA, SA, Tasmania, and the NT, a move that could result in a reduction of up to $40.06 per hour in those areas. 'This change would devastate already underserved communities,' the campaign said. 'The price placed on support is shrinking, and it's making it harder to put the person first.' On Friday, Prime Minister Anthony Albanese said he was not happen about the continued growth of the NDIS. 'The vision of the NDIS is a great one. It's one we should be really proud of as Australians,' Albanese said. 'But we need to make sure that it is made more sustainable... The vision of the NDIS wasn't that those sort of numbers (of children) go on the system.' The NDIS is now set to cost more than the entire defence budget, with taxpayer funding expected to hit $52billion in 2025, surpassing defence spending, which is forecast at $51billion. According to the 2025–26 federal budget, the NDIS recorded the second-fastest annual growth in major government payments, behind only interest on debt. Projections show the scheme's cost will balloon to over $64billion by the end of the decade.
