NDIS Provider Fined $2 Million Following Client's Choking Death

In a landmark ruling, the Federal Court of Australia has fined Valmar Support Services Limited $1,916,250 for breaches of the National Disability Insurance Scheme (NDIS) Act 2013, marking the highest penalty ever imposed on an NDIS provider. The not-for-profit organization, based in South East NSW, faced serious allegations of negligence following the death of a client who choked on food. Justice Elizabeth Raper found that Valmar failed to properly train 13 support workers tasked with assisting three intellectually disabled participants at risk of choking. The negligence occurred at a group h

In a landmark ruling, the Federal Court of Australia has fined Valmar Support Services Limited $1,916,250 for breaches of the National Disability Insurance Scheme (NDIS) Act 2013, marking the highest penalty ever imposed on an NDIS provider. The not-for-profit organization, based in South East NSW, faced serious allegations of negligence following the death of a client who choked on food. Justice Elizabeth Raper found that Valmar failed to properly train 13 support workers tasked with assisting three intellectually disabled participants at risk of choking. The negligence occurred at a group home on Hemmings Crescent in Richardson, ACT, between 2016 and 2020. The case centers on the tragic death of a man in his 40s who, on 14 May 2020, choked on a toasted salami and cheese sandwich prepared by a Valmar staff member. Despite the man’s choking risk being documented since 2008, the organization failed to implement adequate safeguards. He died three days later, with choking confirmed as the cause of death. Justice Raper emphasized that Valmar’s negligence extended beyond this incident, exposing two other participants to years of significant harm. The ruling has sparked widespread concern across the disability sector, with advocates demanding stricter oversight and mandatory training for NDIS providers. This case highlights the critical responsibility providers bear in ensuring the safety and well-being of vulnerable participants under their care.