Media release

NDIS Commission commences legal action over the death of NDIS participant

The NDIS Quality and Safeguards Commission (NDIS Commission) has commenced civil penalty proceedings in the Federal Court against Aurora Community Care Pty Ltd (Aurora), in relation to the death of a NDIS participant.

Civil penalty proceedings have been commenced against Aurora following the tragic death of a 38-year-old man with an intellectual disability who was a NDIS participant.

The NDIS participant left his supported independent living home in Queensland without the knowledge of his support workers despite Aurora being responsible for the provision of 2:1 support.

At the time of the NDIS participant leaving his home, it is alleged he was not being monitored or supervised, with one support worker asleep and the other in an adjacent room. The NDIS participant was struck by a car after leaving his home without critical supports in place.

It is alleged that Aurora failed to provide supports and services in a safe and competent manner with due care and skill, resulting in harm causing death.

This matter has been the subject of an extensive investigation by the NDIS Commission.

NDIS Quality and Safeguards Commissioner Tracy Mackey said the NDIS Commission would take strong action such as seeking civil penalties against providers.

“This is a tragic case which resulted in the death of a vulnerable person,” she said.

“The legal action that we have taken should send a very strong message to all providers and support workers working in the NDIS.

“The Commission expects every support worker and provider in the NDIS to act at all times with integrity, honesty and transparency and deliver safe and quality services to participants.

“If they fail to do so the Commission will act.”



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