NDIS Provider Slammed with Record $2.2 Million Fine After Man with Disability Left Unattended and Killed by Car
- Aurora Community Care Pty Ltd failed to provide adequate support to 38-year-old Ankur Gupta, who wandered onto a motorway and was fatally struck by a car.
- The Federal Court imposed the record penalty after finding 131 contraventions of the National Disability Insurance Scheme Act 2013.
- Justice Wendy Abraham said the penalty serves as a “strong general deterrent” despite the provider being in liquidation.
In a shocking case of negligence, a now-defunct NDIS provider has been slapped with a record $2.2 million fine after a man with an intellectual disability was left unattended and killed by a car. Ankur Gupta, 38, was supposed to be under the full-time care of two support workers at all times, but on the fateful day, he was left alone and wandered onto a motorway, where he was fatally struck by a vehicle.
The Federal Court found that Aurora Community Care Pty Ltd had failed to provide supports and services in a safe and competent manner, leading to Gupta’s tragic death. The court heard that the provider had been aware of Gupta’s tendency to leave his supported independent living residence and had implemented risk minimisation actions, including having one worker watch him at all times and requiring both support workers to be awake at all times.
However, on the day of Gupta’s death, one support worker had fallen asleep, and the other had heard Gupta open the back door but did not investigate. The court also found that Aurora had used “restrictive practices” to manage Gupta’s behaviour, including restricting his access to sharp objects and lighters, and administering medications, without reporting it to the NDIS commissioner.
In handing down her judgment, Justice Wendy Abraham said the penalty served as a “strong general deterrent” and recognised the gravity of the contravention. She noted that Gupta’s parents had trusted Aurora to provide their son with the supervision, support, and safe environment he needed.
NDIS Quality and Safeguards Commissioner Louise Glanville welcomed the judgment, saying it sent a strong deterrent message to all NDIS providers to take their obligations seriously. The commission also banned Aurora’s sole director, Mohamed Issak, from being involved in certain activities for a period of 10 years and handed two-year bans to two support workers.