NDIS Provider Hit with $675k Fine After Fatal Bathing Incident

LiveBetter Services Limited has been ordered to pay a $675,000 fine by the District Court of New South Wales following a SafeWork NSW prosecution over the death of a National Disability Insurance Scheme (NDIS) participant in its care.

The incident occurred on 2 February 2022, when a client sustained fatal injuries after being placed in hot bathwater while being supported by two disability support workers employed by LiveBetter. The case has drawn significant attention to the organisation's work health and safety practices, staff training and oversight.

LiveBetter Services Limited pleaded guilty to an offence under section 32 of the Work Health and Safety Act 2011 (NSW), relating to its failure to comply with the primary duty of care set out in section 19(2). This duty requires a person conducting a business or undertaking to ensure, so far as is reasonably practicable, the health and safety of workers and other persons affected by their operations.

The judgment highlights the importance of robust WHS management systems, clear care procedures and effective worker training in high-risk care environments. Disability service providers are expected to implement and enforce comprehensive WHS policies and procedures to manage foreseeable risks, particularly where vulnerable clients require assistance with personal care tasks such as bathing. Providers can access structured WHS management systems and policy frameworks through specialist resources such as WHS management system packages.

The full judgment, SafeWork NSW v LiveBetter Services Limited, is available on the NSW Caselaw website for those seeking detailed legal and factual findings in relation to the matter.

LiveBetter Services Limited retains the right to appeal the sentence imposed by the court.

SafeWork Commissioner Janet Schorer emphasised the heightened duty of care owed by those working with NDIS participants, stating that workers must protect both their co-workers and the people they support. She reiterated that all businesses must ensure their workforce is properly trained and competent to deliver safe, appropriate services to all clients.

SafeWork NSW continues to remind PCBUs in the disability and community services sectors that effective WHS management, including task-specific procedures such as Safe Work Method Statements (SWMS) for higher-risk activities, is essential to preventing serious incidents and fatalities. Providers can obtain sector-appropriate SWMS templates and guidance at SWMS resources.

Workers who have concerns about health and safety in their workplace can report issues confidentially by contacting SafeWork NSW on 13 10 50 or via the Speak Up Save Lives online reporting platform.