NDIS Commission Pursues Provider and Support Worker Following Tragic Death of Participant
The NDIS Quality and Safeguards Commission (NDIS Commission) has commenced legal action in the Federal Court of Australia against Amicus Community Services Limited and a former support worker following the tragic death of NDIS participant Joanne Keogh.
The NDIS Commission alleges that between September 2020 and May 2021, Amicus failed to ensure that its support workers had the necessary qualifications, training and experience to properly provide supports to Joanne Keogh, and on numerous occasions failed to provide support to Ms Keogh, placing her at a significant risk of harm.
On 6 May 2021, Ms Keogh suffered an epileptic seizure, fell from her bed and stopped breathing. It is alleged Georgina Knox, her support worker at the time, failed to respond to an alarm triggered by her seizure and fall, and failed to check on her at least hourly during the night. Ms Keogh was discovered unresponsive by another support worker some eight hours later.
The NDIS Commission is seeking financial penalties against Amicus for numerous breaches of the NDIS Practice Standards, and against Ms Knox for a failure to comply with her obligation under the NDIS Code of Conduct to provide supports to Ms Keogh in a safe and competent manner.
"Ms Keogh’s death is a profound tragedy that should never have occurred,” Acting NDIS Commissioner Natalie Wade said.
“The NDIS Commission is committed to upholding the rights of people with disability and strengthening safeguards across the NDIS to help prevent tragedies like this from happening again.
“NDIS providers and their employees who fail to meet their obligations and put NDIS participants at risk can expect strong regulatory action.”
In May 2023, the NDIS Commission permanently banned Ms Knox from being involved in the provision of supports or services to NDIS participants. Given the gravity of Ms Knox’s alleged failings on the night of Ms Keogh’s death, the Commission has sought to also include Ms Knox as a defendant in the proceeding.
The court proceedings follow a lengthy investigation by the NDIS Commission.
ENDS