Ann Marie Smith: Federal report makes 10 recommendations for improvements to the NDIS
A federal probe into the death of Ann Marie Smith has made 10 recommendations to the NDIS, including that “vulnerable” clients should be provided with more than one carer at home.
SA News
Don't miss out on the headlines from SA News. Followed categories will be added to My News.
A former Federal Court judge wants statutory changes to ensure vulnerable clients such as disability neglect victim Anne Marie Smith are never again left under the care of just one person.
The NDIS Quality and Safeguards Commission on Friday released an independent report by Alan Robertson SC over its potential failing in the proper regulation of Ms Smith’s disability care provider, Integrity Care SA.
Ms Smith, a 54-year-old cerebral palsy sufferer and NDIS recipient, died in April from severe septic shock, multi-organ failure, severe pressure sores, and malnutrition
She lived alone, in her own home, under the sole care of Rosemary Maione, 68, employed by Integrity Care. Integrity Care was deregistered last month by the Commission. Maione faces court on manslaughter charges next year.
Mr Robertson said the Commission could not have known of Ms Smith’s neglect and, once it did, had taken necessary steps in relation to Integrity Care.
He did however identify a number of failings in the national safeguarding system.
“The Commission should act to identify earlier those people with disability who are vulnerable to harm or neglect,” was the first of 10 recommendations made my Mr Robertson following a two-month long investigation.
“No vulnerable NDIS participant should have a sole carer providing services in the participant’s own home,” he said, adding relevant statutory changes must be made.
MORE NEWS
Missing inheritance, mystery loans emerge in Annie Smith NDIS neglect case
What happened to Annie Smith’s jewellery?
Death sparks call for disability service complaints transparency
The NDIS Quality and Safeguards Commission says it will carefully consider Mr Robertson’s recommendations.
NDIS Commissioner Graeme Head said the Commission had already initiated work with providers to ensure there is thorough oversight of clients who have chosen to have a single worker at their home.
Disability Advocacy and Complaints Service of SA spokeswoman Maggie Rutjens said prescription of more than one worker per vulnerable person was “vigilant” but gave rise to ethical dilemmas around dignity, privacy and legal rights of a person to choose their supports.
“If the Commission accepts all 10 recommendations made by Mr Robertson and acts on them, then I think we will go a long way to ensuring something terrible like this never happens again,” said SA Disability advocate David Caudrey.
He said Mr Robertson’s recommendations were similar to those made to the state government by the Safeguarding Taskforce, which he co-chaired, in July.
Human Services Minister Michelle Lensink said the state government was actioning all seven Safeguarding Taskforce recommendations under state responsibility and would keep working with the Federal Government to close gaps that exist in the national scheme.
Opposition leader Peter Malinauskas said Ms Smith had been “failed by a system which did not have adequate checks and balances in place”.
Opposition disability spokeswoman Nat Cook said Mr Robertson’s investigation showed both state and federal governments were “complicit in systematic failures in the disability sector”.
Integrity Care did not comment.
Originally published as Ann Marie Smith: Federal report makes 10 recommendations for improvements to the NDIS