Media release

Highest ever civil penalty imposed by Federal Court for death of NDIS participant 

The NDIS Quality and Safeguards Commissioner, Louise Glanville, today welcomed the $1.9 million penalty imposed against the Valmar Support Services Limited (Valmar) by the Federal Court in relation to the death of an NDIS participant – the highest ever civil penalty imposed on a NDIS provider. 

This follows the death of an NDIS participant on 17 May, 2020, from choking on food at a residential group home at Hemmings Crescent, ACT, while under the care of Valmar.  

The Court found that the deceased and other NDIS participants were put at serious risk of harm by Valmar from 11 September 2018 to 14 May 2020 by Valmar’s failure to implement adequate mealtime management and dietician plans. Staff did not possess the necessary accreditation or training to provide supports and services in a safe and competent manner, with due care and skill. 

The NDIS Quality and Safeguards Commissioner, Louise Glanville said that in the most serious cases like this, the NDIS Commission will take strong action against NDIS providers who fail to provide safe services and support for people with disability under the NDIS. 

“The participant’s death is a tragedy that could have been prevented had appropriate procedures and staff training been in place. NDIS participants put their trust in providers to deliver safe and high-quality supports. We urge all NDIS providers to understand their legal obligations to ensure delivery of a high standard of services and supports.  

“As the NDIS regulator, we will forcefully uphold the rights of people with disability to ensure they are provided safe and high-quality services and supports. Failure to meet these obligations is unacceptable and, in cases like this, will result in substantial penalties for providers,” Ms Glanville said. 

The NDIS Commission is currently consulting on proposed amendments to NDIS Bill No. 2, which will increase the accountability of providers and give the NDIS Commission strengthened powers to improve the safety of NDIS participants and take appropriate action against providers not fulfilling their duties to NDIS participants.   

In delivering the Court’s judgment on penalty, Justice Raper noted the following: 

“(There was) the failure by Valmar to train its employees at all as to how to safely feed these men with known risks of choking. It is not a case where there was some, but inadequate training undertaken, rather than none at all.  

“To understand just how serious this contravening conduct was, is by remembering the purpose of the scheme: To enable persons with disability, through the provision of tailored high quality and innovative support services, to exercise their autonomy and be included in the community. The entire scheme centres around the provision of high-quality support services. Such services cannot be provided, if the workers who provide them, are given no training. The seriousness of this failing cannot be understated,” Judge Raper said.  

Valmar consented to the declarations of breach made by the Court and to the penalty ordered by the Court. 

NDIS Commission media contact:  

0457 334 180 

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