NDIS provider LiveBetter facing criminal charges over bathtub burns death a year after being fined $1.8 million

A regional disability provider is facing criminal charges, accused of gross negligence over the death of a young Aboriginal woman who suffered burns in a bathtub.

Kyah Lucas was severely burnt when she was bathed at her home in Orange, in central western NSW, by two workers from NDIS provider LiveBetter on February 2, 2022.

Ms Lucas was removed from the bath with her skin peeling, as a temperature control panel showed the water was 60C rather than its 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 $1.8 million in the Federal Court in April 2024 after the NDIS Quality and Safeguards Commission took action over failures to comply with its standards of care.

The organisation, which provides disability support services in regional NSW and Queensland, is now facing workplace health and safety charges.

SafeWork NSW has charged LiveBetter with the most serious category of offence, related to breaching its duty of health and safety to Ms Lucas.

LiveBetter is also accused of failing to immediately notify the workplace regulator of her serious injuries.

The organisation allegedly exposed Ms Lucas to risk of injury or death through conduct with “gross negligence” or through recklessness, according to documents before the NSW District Court.

The risk to Ms Lucas, whose conditions left her vulnerable to burns, was being bathed in water that was an unsafe temperature, the regulator alleges.

The organisation is 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 is also accused of failing to develop adequate training for its workers on bathing NDIS clients specific to their needs or how to respond after a burns incident.

Additionally, it did not conduct assessments of its workers’ competency to safely bathe a client, SafeWork NSW has alleged.

The regulator was not told of the incident until a 7.56pm phone call two days after Ms Lucas was scalded, despite LiveBetter having an obligation to immediately notify SafeWork NSW, the indictment said.

LiveBetter has not entered pleas to the charges.

It did not respond to a request for comment on the case.

During the Federal Court case, Justice Elizabeth Raper heard LiveBetter staff looking after Ms Lucas learnt “on the job” and their training assessments were limited to an online quiz.

“The circumstances of this tragic case bring into stark relief ... LiveBetter’s fundamental failures to provide Ms Kyah Lucas with quality supports and services and to protect her,” Justice Raper said.

In a statement after that ruling, LiveBetter said it had taken “significant steps” to improve safety and training.

The SafeWork NSW case will be mentioned before Judge Wendy Strathdee in April.

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