A New South Wales disability services provider has been fined $675,000 after a client died as a result of injuries sustained while in its care — one of the largest penalties imposed on an NDIS provider under the Work Health and Safety Act.
LiveBetter Services Limited was prosecuted by SafeWork NSW following an incident on 2 February 2022, in which a client of LiveBetter died after being placed in hot bathwater while in the care of two disability support workers employed by the company. LiveBetter pleaded guilty in the NSW District Court to an offence under section 32 of the Work Health and Safety Act 2011 for failing to comply with its duty under section 19(2) of the Act — the duty owed to workers and others, including clients, affected by the conduct of the business.
The case underscores the breadth of the WHS Act’s primary duty of care. Under section 19(2), a person conducting a business or undertaking is obliged to ensure, so far as is reasonably practicable, that the health and safety of persons other than workers is not put at risk. In the care sector, this duty extends clearly to clients and service recipients — not just staff.
SafeWork NSW Commissioner Janet Schorer said the outcome reinforced what all care sector employers must understand. ‘SafeWork NSW reminds all businesses of their duty to ensure their workers are appropriately trained and educated to provide an adequate service to all service recipients,’ she said.
The fine reflects the serious consequences that flow from inadequate worker training and supervision in high-risk care environments. Disability support work frequently involves complex personal care tasks — including bathing and hygiene support — where failure to follow safe protocols can have catastrophic consequences for vulnerable clients.
NDIS providers across NSW are reminded that their WHS obligations are not limited to staff safety. A systematic approach to risk management, induction, task-specific training, supervision, and regular review of safe work procedures is required for all care activities. Organisations should ensure that workers are competent to perform all assigned tasks before being deployed in unsupervised client-facing roles.
