Disabled woman ‘fatally betrayed’ by NDIS provider
A broken mother has told of the nightmare she has been living since her beloved daughter was severely burned to death in the bathtub after she failed to notify her carers.
Kyah Lucas was burned to almost half her body while being washed by two workers from NDIS provider LiveBetter at a home in Orange, in central west NSW, in February 2022.
When he was removed from the bath, his skin was peeling, and the temperature control panel showed the water at 60C instead of its usual maximum setting of 42C.
The 28-year-old native was living with conditions that left him physically and intellectually underdeveloped, nonverbal, and with thin skin that made him susceptible to burns.
He was vulnerable and dependent on others to care for him while his mother worked, the NSW District Court heard on Tuesday.
“Kyah was a little girl who trusted these people to take care of her, and that trust was fatally betrayed,” said her mother, Sandra Wicks.
She told the court she could not pour cold water on her daughter’s burns or call an ambulance but relied on her carers, who could not do either.
“They may have meant the difference between life and death,” Ms Wicks said in an emotional victim impact statement.
“He fought as hard as he could, but his injuries were catastrophic.”
The two carers were fired from LiveBetter and their records were later deleted, the court was told.
Ms Lucas died five days later in a Sydney hospital while hugging her father, but the pain she endured continued to haunt her mother.
Ms Wicks told the court her daughter needed medication to get rid of constant nightmares in which she was stuck in the bathtub in pain.
“My daughter’s unexpected, horrific death was a horrific event that shattered my life and my heart,” she said.
“I live with a constant heaviness, a sadness that words cannot express.”
Ms Wicks said Ms Lucas was cheeky and loving and brought joy to her loved ones with an infectious giggle that became more evident when she got into mischief.
“Kyah had an incredible ability to light up a room,” he told the court.
As her voice and protector for 28 years, Mrs. Wicks once again spoke on her daughter’s behalf to advocate for justice and accountability.
Her testimony will be taken into account when care provider LiveBetter is convicted of breaching its essential duty to health and safety in relation to Ms Lucas.
Ms Wicks said there was no sentence that could undo what was taken from her and her family.
LiveBetter accepted responsibility, expressed regret and apologized unreservedly to Ms. Lucas’ family in court.
Judge Wendy Strathdee assured her mother that Ms Lucas would never be forgotten.
LiveBetter will be penalized at a later date.
The NDIS provider was fined a record $1.8 million in the Federal Court in 2024 for failing to comply with standards of care in relation to Ms Lucas’ death.
13THREAD 13 92 76
Lifeline 13 11 14
