BREAKING: A now-defunct NDIS provider, Aurora Community Care Pty Ltd, has been handed a record $2.2 million fine after failing to supervise Ankur Gupta, an intellectually disabled man who tragically lost his life after wandering into traffic. The Federal Court delivered this unprecedented penalty following Gupta’s fatal accident on the Pacific Highway south of Brisbane in 2023.
The court found that Aurora had committed 131 contraventions of NDIS legislation, severely compromising Gupta’s safety and quality of life. Judge Wendy Abraham emphasized the seriousness of Aurora’s failures, stating, “The contraventions not only put Mr. Gupta’s safety at a significant risk that ultimately contributed to his death, but also denied him his rights of freedom, self-determination, and independence.”
This ruling marks the highest civil sanction ever imposed on an NDIS provider, sending an urgent message to the sector regarding compliance and safety standards. The judgment was finalized on Friday, highlighting the pressing need for accountability in service delivery for vulnerable individuals.
Gupta, 38, had a history of severe intellectual disabilities and behavioral challenges, requiring constant supervision. Despite this, Aurora repeatedly failed to monitor him adequately, leading to catastrophic consequences. On the night of his death, a staff member left him alone with a single caregiver, violating safety protocols. Gupta was found in the middle of the road before succumbing to his injuries following a tragic accident.
Justice Abraham revealed that Aurora had a clear understanding of Gupta’s condition and the risks involved, yet failed to take necessary precautions. The court also noted that Aurora neglected to report the use of chemical restraints and did not engage with behavioral support specialists, which are critical responsibilities under NDIS regulations.
The NDIS Quality and Safeguards Commissioner, Louise Glanville, expressed her commitment to holding providers accountable. “Mr. Gupta’s death is a tragedy that could have been prevented had appropriate procedures been in place,” she stated. Glanville affirmed that the Commission would continue to pursue legal actions against providers who do not meet safety standards.
In a shocking timeline of events, Gupta’s death was not reported to the NDIS Commission until 11 days later. Documents submitted to the court revealed that Gupta had previously displayed aggressive behaviors, underscoring the need for rigorous oversight. Aurora’s staffing failures included leaving employees asleep during shifts and failing to respond to complaints from Gupta’s family about inadequate support.
The court highlighted numerous incidents where Aurora restricted Gupta’s access to basic comforts, including television and snacks, without proper authorization, further diminishing his quality of life.
As the NDIS sector grapples with this tragic case, stakeholders are urged to reflect on their practices to prevent similar incidents in the future. This landmark ruling serves as a critical reminder of the importance of safeguarding the rights and lives of individuals with disabilities.
Authorities will continue to monitor the situation closely, and further actions against negligent providers are anticipated as the Commission reinforces its commitment to ensuring safety and compliance in the NDIS framework.
This developing story will be updated as more information becomes available.
