In an unprecedented judgment, Valmar Support Services, an NDIS provider, has been slapped with a staggering $1.9 million penalty over the heartbreaking choking death of an intellectually disabled man under their care. The landmark fine, the largest of its kind, comes after the man tragically passed away in May 2020 from choking on a toasted sandwich due to the shocking negligence of inadequately trained staff at a Valmar-operated group home in Canberra.
Grave Failures in Care and Training
The man, who was non-verbal and had complex support needs including Prader-Willi syndrome, had clear mealtime management plans recommending his food be cut into small pieces and that he be supervised while eating due to choking risks. However, the ill-equipped Valmar workers catastrophically failed to follow these vital dietary guidelines, leading to the man’s untimely death just three days after the choking incident.
In her scathing judgment, Justice Elizabeth Raper found that Valmar and its 13 untrained staff had placed not only the deceased resident but two others at grave risk by not implementing critical information from dieticians into their mealtime plans and practices. She emphasized that Valmar had fundamentally failed to uphold the core purpose of the NDIS – providing high-quality, safe support services to participants.
“Such services cannot be provided if the workers who provide them are given no training,” Justice Raper wrote. “The whole scheme fails.”
Sending a Powerful Message
While Justice Raper noted the agreed-upon $1.9 million fine was on the lower end given the gravity of Valmar’s breaches and their fatal consequences, she stressed the importance of sending an unequivocal message to Valmar and all NDIS providers about the severe ramifications of failing to properly train staff and ensure full compliance with participant dietary plans.
NDIS Quality and Safeguards Commissioner Louise Glanville underscored that this record penalty demonstrates the Commission’s unwavering commitment to forcefully upholding the rights of people with disability to safe, high-caliber NDIS supports. Glanville declared that providers who fail to meet these basic obligations will face serious consequences.
“As the NDIS regulator, we will forcefully uphold the rights of people with disability to ensure they are provided safe and high-quality services and supports,” Commissioner Glanville affirmed. “Failure to meet these obligations is unacceptable and, in cases like this, will result in substantial penalties for providers.”
Urgent Reform and Reflection Needed
This tragic case shines a glaring spotlight on the life-and-death importance of rigorous training and oversight across the NDIS sector. It is a devastating wake-up call about the fatal consequences when providers cut corners on staff competencies and fail to fully implement participant support plans.
While Justice Raper acknowledged Valmar had no prior similar breaches and had taken some steps to rectify their training and compliance gaps, much more comprehensive reform is clearly and urgently needed – not just at Valmar but at all NDIS providers entrusted with supporting our most vulnerable citizens. Policies, procedures and training must be thoroughly reviewed and revamped to ensure the dietary needs and health of every participant are treated as paramount.
Above all, this landmark judgment must catalyze deep reflection across the disability sector about how to strengthen safeguards, oversight and accountability so that no other participant endures such a heartbreaking and senseless tragedy. The $1.9 million fine sends an unmistakable message that gross failures in care will not be tolerated – but fines alone are not enough. Transformative change is imperative to uphold participant health, safety and human rights, and prevent devastating deaths like this from ever happening again.
Key Takeaways
- Valmar Support Services fined record $1.9 million over choking death of disabled man
- Untrained staff failed to follow dietary plans recommending food be cut small and client be supervised
- Two other residents also put at risk by Valmar’s grave training and compliance failures
- Justice Raper: Fine low end but vital to send strong message to all NDIS providers about meeting obligations
- NDIS Commission vows harsh penalties for providers failing to ensure participant safety and quality of supports
- Case highlights urgent need for NDIS sector reform on training, oversight and implementing support plans fully
- Disability community demands real change to strengthen safeguards and prevent future tragedies
As the disability community mourns this terrible loss and the NDIS sector absorbs the shockwaves of this record penalty, there is resounding agreement that such a tragedy must mark a line in the sand. The rights and lives of people with disability can never again be compromised by provider noncompliance – the human stakes are simply too high. Only through a fundamental rethinking and reformation of training, auditing and accountability can we ensure the NDIS delivers on its promise to all participants.
