Latest news with #KyahLucas
News.com.au
29-04-2025
- Health
- News.com.au
LiveBetter admits to criminal breach in death of disabled woman
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. 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.'
Yahoo
29-04-2025
- Health
- Yahoo
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. 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.'
Perth Now
29-04-2025
- Health
- Perth Now
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.'
Daily Mail
29-04-2025
- Health
- Daily Mail
Young woman burns to death after tragic NDIS bathtub mistake
A regional disability provider has admitted to serious safety breaches after the death of a young Aboriginal woman who was badly burned in a bathtub. 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.
Perth Now
28-04-2025
- Health
- Perth Now
NDIS provider pleads guilty over bathtub burns death
A regional disability provider has admitted to serious safety breaches after the death of a young Aboriginal woman who was badly burned in a bathtub. 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.
