Woman fatally scalded in 60C bath
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.
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 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.'
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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