Lifestyle Solutions ordered to pay record fine for 'unacceptable' violence in NDIS home
A landmark Federal Court ruling has handed down an unprecedented $2.5m fine to an NDIS provider that failed to protect residents from savage physical attacks.
The company running an NDIS home where a severely disabled person was bitten on the face, had her hair torn out and was put in a headlock, has been fined a record $2.5m by the Federal Court.
Court papers reveal how residents repeatedly attacked and injured each other, as well as support workers at the Supported Independent Living accommodation facility run by Lifestyle Solutions (Aust) Pty Ltd.
Documents show there were five residents and 47 incidents, some resulting in injuries, between November 2019 and October 2021.
One victim with cerebral palsy, vision impairment and intellectual disability, bore the brunt of the majority of the attacks. She suffered multiple injuries while living in the home, including being bitten on the face and arm, being put into a headlock, and having her hair pulled out.
The company, which was taken to court by the NDIS watchdog, on Friday received the highest ever penalty in proceedings brought by the NDIS Quality and Safeguards Commissioner.
The Federal Court found the home was not a safe environment for the residents or support workers, noting abuse was not managed, assessed or responded to adequately or appropriately.
Support workers were also subject to harm from other participants in the home, including being bitten, spat on and physically hit.
Lifestyle Solutions admitted it had committed 96 contraventions of the NDIS Act, which included multiple breaches of the NDIS Practice Standards and Code of Conduct between June 2019 and October 2021.
The manager, Susan Edwards, in her 50s and the second respondent in the proceedings, was responsible for the home on the NSW’s Central Coast at the time, admitted she had committed 13 contraventions of the NDIS Act.
Lifestyle Solutions also admitted that it had committed 1,811 contraventions of the NDIS Reportable Incident Rules as a consequence of Lifestyle Solutions failing to report serious incidents to the NDIS Commission within the required timeframes between November 2018 and December 2023.
In her judgment, Justice Wendy Abraham said residents were entitled to be safe and protected, but they were not.
“ … violence and abuse in supported living accommodation settings is never acceptable and should not be allowed to become normalised,” Justice Abraham said.
“It is important that the penalty imposed on Lifestyle Solutions is of a size that marks the seriousness of the contraventions.
“These issues were not managed or reported on adequately.
“Lifestyle Solutions did not take all reasonable steps to respond to and prevent further violence. The seriousness of the contraventions and the impact that conduct has had on those affected is self-evident.”
NDIS Quality and Safeguards Commissioner Louise Glanville welcomed the record $2.5 million penalty Commissioner Glanville said the NDIS Commission will continue to take strong action against providers that fail to deliver safe, quality services to people with disability.
“The safety of NDIS participants who live in supported accommodation arrangements is paramount,” Commissioner Glanville said.
“Participants have the right to feel safe, secure and respected at all times.
“Registered providers have legal obligations to report serious incidents within required timeframes. Failure to do so leaves participants at serious risk of harm and prejudices our regulatory work.”
This court case was the first of its kind regarding abuse of this nature in a supported accommodation facility.
Associate Commissioner and Chief Legal Counsel Natalie Wade said the Court’s decision demonstrates the serious consequences for providers who breach their obligations.
No financial penalty was made against Ms Edwards.
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Originally published as Lifestyle Solutions ordered to pay record fine for 'unacceptable' violence in NDIS home
