CONTENT WARNING: This article contains details which may be distressing to some readers.
An NDIS provider has been fined $400,000 after it admitted its negligence and carelessness contributed to a woman, who lived with epilepsy and autism, drowning in a bathtub.
On Wednesday, the Federal Court found Afford — the Australian Foundation for Disability — breached the NDIS’ Code of Conduct and Practice Standards on two occasions, per The West Australian.
It’s the first time the NDIS Quality and Safeguards Commission has enforced its regulatory and compliance powers to fine a disability care provider.
On May 23, 2019 staff at a south-western Sydney group home run by Afford left Merna Aprem unsupervised in the bath for 25 minutes. The door was slightly ajar and she locked herself in.
After Aprem didn’t respond, staff members at the Woodbine facility used a kitchen knife to dismantle the door handle of the bathroom. The young woman, who was just shy of her 21st birthday, was found unresponsive in a bathtub of water and vomit.
As reported by 7News, emergency services weren’t called for more than 20 minutes.
The court heard the two staff members on duty to look after Aprem and two other residents on the night she died didn’t know she had epilepsy or experienced seizures, and neither had worked at the residential facility before.
Per ABC News, Justice Wendy Abraham said there were “obvious inadequacies” in the care Aprem received, and Afford’s negligence may have caused or contributed to her death.
The court found the disability services provider failed to keep Aprem safe after it neglected to enforce a plan to manage her epilepsy and review her requirements via a health assessment.
Afford also failed to ensure the staff members caring for Aprem understood she had epilepsy and that she could have a seizure while bathing, nor did it make sure she was properly supervised.
Afford admitted its conduct was “negligent and careless” but denied that it was deliberate or reckless.
