A woman drowned in a bath,a carer abused clients:Sydney NDIS provider condemned

The Disability Royal Commission has condemned a major Sydney NDIS provider for pursuing profit over safety,being led by a dysfunctional board beset by infighting,silencing concerned staff,and failing to safeguard the vulnerable.

The damning findings against Afford,the Australian Foundation for Disability,were released after the royal commission heard evidence about a carer who abused two disabled men. The company also faces legal battles over allegations a young woman drowned in a bath while in their care.

Merna Aprem,20,died in an Afford group home in Sydney. Her mother watched the royal commission hearings into the provider.

Merna Aprem,20,died in an Afford group home in Sydney. Her mother watched the royal commission hearings into the provider.Supplied

Tanya Petrus watched the royal commission’s hearings into Afford in May 2022,three years after her daughter Merna Aprem died in a bath in a south-west Sydney Afford group home.

Merna,just shy of her 21st birthday,had epilepsy and autism,loved Star Wars and 1980s hits,and had recently moved into the Afford facility.

The royal commission noted Petrus’ appearance at the hearing but said it could not examine her daughter’s case in detail because it was still the subject of a landmark Federal Court case.

The NDIS Commission’s case against Afford remains ongoing,as does a separate civil lawsuit launched by Petrus.

This week,Petrus pored over the royal commission’s 29 findings against Afford.

One,in particular,stuck out;Afford,between 2015 and 2021,focused on growth at the expense of safety and quality of services,and “inhibited staff” from raising concerns about operations,the commission found.

“They broke their promise. It’s four years soon and I haven’t got an answer of what happened to Merna that night,” Petrus said.

“[The commission] will protect people with disabilities – they matter,they are not just a number or a chequebook for these organisations to build these businesses.”

Commissioners Alastair McEwin,Ronald Sackville QC and Roslyn Atkinson.

Commissioners Alastair McEwin,Ronald Sackville QC and Roslyn Atkinson.Supplied

The bulk of the royal commission’s findings centre around the abuse of two clients by Afford support worker Daniel Nuumaalii.

Just weeks after Aprem died in Woodbine,Nuumaalii began abusing two disabled men,known as Jason and Toby,who were enrolled in Afford’s Mt Druitt day program.

The royal commission concluded Afford’s response to Nuumaalii’s abuse was “deficient”,with the former CEO and board failing to give a written apology to the men’s families and failing to engage with victims.

Further,the commission found,Afford took “no timely steps” to address concerns or safeguard against further abuse in the future.

“The one step taken to prevent a repeat of the conduct of Mr Nuumaalii was not taken until two years after the offending was detected,” the commission report reads.

Nuumaalii was convicted of several offences including 22 counts of intentionally recording an intimate image without consent.

The Mt Druitt day program,between 2016 and 2020,was rapidly expanding and overcrowded,the commission found,and Afford did not adequately respond when such concerns were raised.

The royal commission also criticised the structure of Afford,finding that,at least from 2019,the organisation was “dysfunctional” and its senior managers were in conflict with one another.

“From at least 2019,there were clear signs of dysfunction within Afford,conflict between its senior managers,and indicators that its CEO[Steven Herald] was running the organisation in a manner inappropriate for an organisation dedicated to the provision of disability services,” the report reads.

The commission found Herald approached his job in a “narcissistic and single-minded manner”.

Herald was replaced by Afford’s current CEO Joanne Toohey in late 2021.

Toohey,who was not CEO during the period of time investigated by the royal commission,gave evidence in February this year.

Three weeks later three directors resigned as a result of the commission’s findings.

“Afford takes full responsibility and accountability for the failings identified by the Royal Commission into Violence,Abuse,Neglect and Exploitation of People with Disability Royal Commission – from 2015 to 2021,” the provider said in a statement

Afford thanked the executives for their “considerable service”.

“All days like these are sad,even when I see Merna getting justice,I see Merna getting answers,” Petrus said on Monday.

Petrus visits her daughter’s grave almost every day and says she still feels her presence – like the other day when Aprem’s favourite songHotel Californiacame on the radio.

“Her dress hangs in the cupboard,her Star Wars toys in the living room,she is everywhere,everywhere,” Petrus said.

Afford did not respond to specific questions posed by theHerald but,on Monday evening,apologised for its failures.

“We take full responsibility and accountability for this. We are sorry for those failings and have expressed this personally to the known clients and families impacted,” the statement reads.

“Everyone working at Afford today is committed to the safeguarding and rights of our clients.”

Afford said they were “transforming” since Toohey became CEO and a new chair,Carol Bryant,was appointed last month.

“The Royal Commission has given public forum for the voices of people with disability to be heard. We have listened. As an organisation,we must and will do better.”

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clarification

This story has been updated with a statement from the Australian Foundation for Disability that was supplied after deadline.

Perry Duffin is a crime reporter for the Sydney Morning Herald.

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