NDIS Quality and Safeguards Commission bans Ann Marie Smith’s carer for five years as manslaughter proceedings continue

The woman charged with manslaughter over the neglect death of Ann Marie Smith has been banned from working under the NDIS — but not permanently.

A former carer has been prohibited from providing NDIS services for five years while she defends a manslaughter charge over the death of Annie Smith.

The NDIS Quality and Safeguards Commission issued the banning order to Rosemary Maione last week, sparking protests among disability advocates and politicians who say the ban should be for longer.

Maione, of Hectorville, is yet to plead to one count of manslaughter that was filed after an extensive Major Crime investigation into the shocking death of Ms Smith, an NDIS participant, in April.

Maione was banned by the NDIS Commission for five years. Picture: Brenton Edwards

Ms Smith, 54, had cerebral palsy and died after allegedly spending most of the last year of her life in an almost sedentary state, living in putrid conditions in a woven cane chair at Kensington Park.

Her carer, Maione, was an employee of Integrity Care, which the Commission banned from providing NDIS services permanently in August.

Ms Smith died after 54 after spending most of the last year of her life in putrid conditions. Picture: SA Police

A commission spokesman said the banning order prohibits Maione from providing disability supports and services, directly or indirectly, to NDIS-funded participants.

“In making the banning order the NDIS Commission recognised that there are criminal proceedings underway which should be allowed to proceed in a fair and impartial manner,” he said.

“The banning order has been made for a period of five years to allow adequate time for an outcome to be reached in those criminal proceedings.”

Greens disability spokesman Jordon Steele-John said it was “simply unbelievable” that Maione was also not given a permanent ban from working with disabled people.

“Ann Marie Smith’s family, and the disability community at large, deserve so much better than a sneaky update to the register just a couple of days before Christmas,” he said.

“I have written to the NDIS Quality and Safeguards Commission asking for their justification for only providing Maione with a five-year ban when … Integrity Care SA was handed a permanent ban.”

Police raided Maione’s home in August and arrested her. Soon after, she was released on strict home detention bail and ordered to be electronically monitored at all times.

Her lawyer, Stephen Ey, said his client agreed to surrender her Italian passport, promised not to seek an Australian passport and would no longer work as a carer.