NDIS launches Federal Court action against Integrity Care over Annie Smith’s death

The woman who allowed Annie Smith to die a horrific death has been jailed – now more court action has been launched.

The NDIS Commission has launched Federal Court proceedings against Integrity Care SA, the company that employed Annie Smith’s confessed killer carer Rosemary Maione.

The Federal Court action lists multiple breaches of legislation, rules and the code of conduct that providers working in the disability sector must abide by.

If proven in the Federal Court, the breaches are punishable by pecuniary penalties.

The NDIS move comes almost a fortnight after Ms Maione was sentenced in the Supreme Court to six years and seven months in jail after pleading guilty to Ms Smith’s manslaughter.

“The death of Ms Smith is tragic and continues to shock and sadden many people across Australia,” NDIS Quality and Safeguards Commissioner Tracy Mackey said.

Integrity Care directors Philip John Greenland and Amy-June Collins. Picture: Facebook

“NDIS providers have very clear obligations and we will take action when providers do not meet those obligations.”

The NDIS has already fined Integrity Care $12,600 for failing to report Ms Smith’s death, revoking its registration and banning it from operating in the NDIS.

Ms Smith, 54, died from profound septic shock, multiple organ failure from severe pressure sores and malnutrition, having been admitted to the Royal Adelaide Hospital with severely ulcerated and infected tissue on her upper thighs and buttocks.

Police alleged Maione left Ms Smith living in a putrid, almost sedentary state without adequate food in a urine and faeces-soaked cane chair in the lounge room of her Kensington Park home for almost a year before her death on April 6, 2020.

The NDIS action comes as the Major Crime Investigation Branch investigation into Integrity Care’s three directors – Philip John Greenland, his partner Amy-June Collins and her sister Allison Maree Virgo – continues.

Annie Smith’s carer Rosemary Maione pictured at the Adelaide Magistrates Court. Picture: NCA NewsWire / Naomi Jellicoe

Disability neglect victim Annie Smith. Picture: Supplied

The investigation is examining if the actions or conduct of Integrity Care SA’s directors contributed to Ms Smith’s death in any way.

Detectives are undertaking the painstaking task of examining thousands of documents – which include client files, employee timesheets, rosters, correspondence and other relevant material on computer hard drives – that were seized from Integrity Care’s Edwardstown premises and the Huntfield Heights home of Greenland and Collins.

The police investigation was halted for more than six months last year when the directors claimed legal professional privilege over the documents. An independent party was commissioned to examine the documents to resolve the claim.

The NDIS Commission’s Federal Court application details 10 individual breaches allegedly committed by Integrity Care concerning Annie Smith’s case.

Several breaches of the National Disability Insurance Scheme Act are alleged that involve a requirement to provide “supports and services in a safe and competent manner.’’

Breaches of the NDIS Code of Conduct are also alleged including requirements to “take all reasonable steps to prevent all forms of neglect of people with disability.’’

Breaches of National Disability Insurance Scheme registration and provider rules are also alleged including that “each participant’s needs are met by workers who are competent in relation to their role, hold relevant qualifications and have relevant expertise...”

A date for the first case management hearing has not yet been set.