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Introduction
SafeWork NSW has brought criminal charges against LiveBetter, one of the largest providers of disability services in regional New South Wales, over the death of a 28-year-old Indigenous woman. Kyah Lucas died in February 2022 at Concord Repatriation Hospital after suffering burns to up to 40 per cent of her body while receiving bathing support services from LiveBetter staff at her home in Orange. This tragic incident highlights critical gaps in workplace health and safety within the disability care sector.
Details of the Incident
Kyah Lucas, a long-term client of LiveBetter since at least 2009, had multiple disabilities and health conditions that made it difficult for her body to regulate temperature. Despite her vulnerabilities, Ms. Lucas sustained severe burns during a routine bathing session provided by LiveBetter staff. She passed away five days later as a result of her injuries.
SafeWork NSW has charged LiveBetter with a category one breach of its duty of care under the Work Health and Safety (WHS) Act. This is the most serious category of breach, alleging gross negligence or reckless conduct that exposed others to a significant risk of death or serious injury. Additionally, LiveBetter faces charges for failing to immediately notify the regulator of a notifiable incident—a failure that underscores systemic issues in reporting and accountability.
Response and Investigation
In response to the charges, LiveBetter declined to comment on the ongoing legal proceedings but issued a statement expressing their continued mourning for the tragic loss of Ms. Lucas. The organization emphasized their commitment to improving safety standards and supporting clients and families affected by this incident.
The case will return to the NSW District Court in April, where further details are expected to emerge regarding the circumstances surrounding Ms. Lucas’s death and LiveBetter’s alleged breaches of WHS regulations. Investigations into the incident highlight concerns about training protocols, risk management practices, and compliance oversight within the disability care industry.
Legal and Safety Considerations
This case marks a significant development in holding organizations accountable for ensuring the safety of vulnerable individuals under their care. Under the WHS Act, companies have a strict duty to protect workers and clients from foreseeable risks. Category one breaches carry substantial penalties, including imprisonment for individuals and fines exceeding $3 million for corporations.
Experts in disability advocacy stress the importance of robust training programs, clear operational guidelines, and transparent communication channels to prevent similar tragedies. They also call for increased scrutiny of service providers to ensure compliance with national standards and safeguard the well-being of people with disabilities.
Community Reaction and Broader Implications
Ms. Lucas’s death has sparked outrage and concern among Indigenous communities and disability advocates, raising questions about the quality of care delivered through the National Disability Insurance Scheme (NDIS). As one of the largest providers in regional NSW, LiveBetter’s involvement in this case shines a spotlight on broader challenges facing the sector, including inadequate training, insufficient resources, and inconsistent enforcement of safety regulations.
The outcome of this case could set a precedent for future accountability measures across the disability care industry, reinforcing the need for stringent oversight and adherence to best practices. It serves as a poignant reminder of the responsibility service providers bear in protecting those they serve.