A regional disability support provider is facing criminal prosecution after a young woman suffered fatal burns in a bathtub, raising serious concerns about negligence and safety standards in disability care.
The tragic incident occurred on 2 February 2022 in Orange, New South Wales, when Kyah Lucas, a 28-year-old woman with conditions that left her non-verbal and with delicate skin, was bathed by two workers from the National Disability Insurance Scheme (NDIS) provider LiveBetter.
A malfunction in the water heating system resulted in her being exposed to scalding water at 60 degrees Celsius – far above the usual safety limit of 42 degrees. She was removed from the bath with extensive burns and rushed to a Sydney hospital, where she died five days later.
The case has since sparked significant legal and regulatory scrutiny. In April 2024, LiveBetter was fined $1.8 million in the Federal Court after the NDIS Quality and Safeguards Commission found the organisation had failed to uphold adequate care standards.
Now, the provider faces additional workplace health and safety charges from SafeWork NSW, which has accused LiveBetter of gross negligence and reckless endangerment of Ms Lucas’s safety.
According to court documents, LiveBetter allegedly failed to implement necessary safety protocols, such as regular audits of the hot water system or manual temperature checks before bathing clients.
Furthermore, the organisation is accused of not providing adequate staff training on how to safely assist individuals with disabilities, particularly those as vulnerable as Ms Lucas. Staff working with her reportedly received minimal training, often learning “on the job” and relying on an online quiz for their competency assessment.
Another serious allegation is LiveBetter’s delayed response in reporting the incident. Under workplace safety regulations, providers are required to immediately notify authorities of any serious injury.
However, SafeWork NSW was not informed of Ms Lucas’s burns until two days after the incident, despite the organisation’s legal obligation to report it without delay.
LiveBetter has yet to enter a plea in response to the charges but has issued a public statement expressing condolences to Ms Lucas’s family and affirming its cooperation with the ongoing investigation. The case is set to be heard before Judge Wendy Strathdee in April.
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Livebetter management were warned back in 2018 this could happen due to poor supervision, lack of training, etc but instead of reviewing their practices they sued the whistleblower to keep him quiet. Just another demonstration of the incompetence and arrogance of Livebetters higher management.
Lack of training in homes and facilities is sadly lacking. As is the lack of checking the homes these unfortunate clients are in. Absolutely criminal.
Also staff with no common sense.