An African-run NDIS provider has been fined a record $2.2 million after an intellectually disabled Indian man who was supposed to be under constant supervision wandered outside and was fatally struck by a car in Queensland.
The Federal Court on Friday found that Aurora Community Care Pty Ltd, which was voluntarily liquidated by sole director Mohamed Issak after the NDIS Commission brought proceedings against it, failed to provide Ankur Gupta, 38, with support and services in a safe and competent manner with care and skill.
The court also found that Aurora contravened the National Disability Insurance Scheme Act 2013 a total of 131 times, and Justice Wendy Abraham said the company “over an extended period displayed an ongoing and flagrant disregard for its legal obligations as a NDIS provider”.
Mr Gupta walked out of his supported independent living residence in Eagleby, south of Brisbane, sometime after 1am on March 17 2023 while in the care of Aurora support workers Nnabuike Johnson Omeh and Somtochukwu Okonkwo.
Aurora was required to provide 2:1 care, 24 hours a day seven days a week to Mr Gupta, but Mr Omeh fell asleep sitting next to him and Mr Okonkwo was in another room and did not realise Mr Gupta had left the home.
Mr Gupta, who had the functional levels of a five-year-old, was then struck and killed after wandering onto the M1 Pacific Highway at about 1.45am.
The court heard that at 6.30am Mr Issak contacted Mr Gupta’s parents and told them their son had run away but that “everything was alright and the police had him”, only for them to be told by their other son, a Queensland police officer, that Mr Gupta had been killed. Mrs Gupta then informed Mr Issak.
Mr Gupta’s parents had previously complained about finding their son’s support workers asleep on multiple occasions, and the court heard that four weeks before his death Mr Gupta had managed to obtain a lighter and set his mattress on fire while unsupervised.
The court also heard that Aurora failed to report using “chemical restraints” on Mr Gupta at least 52 times, and repeatedly restricted his access to television and Pepsi without authorisation, even though his NDIS plan noted that those restrictions would trigger “behaviour of concern” including self-harm.
Aurora was paid $440,370 for Mr Gupta’s care, supported 38 participants in the 12 months preceding Mr Gupta’s death, and received funding in the amount of $6,799,049, Justice Abraham noted in her judgement.
Mr Issak was banned from being involved in certain NDIS activities for 10 years in November last year.
Mr Omeh and Mr Okonkwo were given two-year bans from providing NDIS-funded supports and services to NDIS participants who are under a positive behaviour support plan and had restrictions placed on shifts.
On its now-deleted website Aurora promoted its “multicultural and professional team”.
“At Aurora Community Care we have a passionate multicultural workforce that take pride in what they do. We have created an inclusive environment that upholds equality for all participants and employees,” the website stated.
Header image: Aurora’s Sydney office in 2023 (Google Street View).
