NDIS Commission commences legal action over the death of an NDIS participant
The NDIS Quality and Safeguards Commission (NDIS Commission) has commenced civil penalty proceedings in the Federal Court of Australia against Valmar Support Services Limited (Valmar), in relation to the death of an NDIS participant.
The NDIS participant died on 17 May 2020 from choking on food at a residential group home at Hemmings Crescent, ACT, while under the care of Valmar. It is alleged that other NDIS participants were also put at serious risk of harm by Valmar from 11 September 2018 to 14 May 2020. The allegations pertain to deficient implementation of mealtime management and dietician plans, and Valmar employing staff without the necessary accreditation or training to provide supports and services in a safe and competent manner, with due care and skill.
This matter has been the subject of an extensive investigation by the NDIS Commission.
The NDIS Commission has commenced civil penalty proceeding in the Federal Court.
NDIS Quality and Safeguards Commissioner Tracy Mackey said that in the most serious cases, like this, the NDIS Commission will take strong action such as banning workers or providers, de-registering providers and seeking civil penalties.
“The death of the participant is tragic,” said Ms Mackey. “NDIS providers have very clear obligations. Failures, like those alleged by the NDIS Commission in these proceedings are unacceptable, and require the strongest regulatory response.”
“We will use our power to investigate any matters relating to any NDIS provider and workers where the provider has failed to deliver supports and services in a safe and competent manner with care and skill.”
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Media Contact: media@ndiscommission.gov.au
0455 518 095