The disability service watchdog has launched court action against service provider LiveBetter after a NSW woman died while under its care.
Kyah Lucas, a participant of the National Disability Insurance Scheme, died from burn complications on February 7 last year after she was placed in a bathtub full of hot water.
Ms Lucas had thin skin that was particularly sensitive to temperature and she was also non-verbal so she could not communicate that she was in pain.
At the time, LiveBetter Services Limited was providing care to Ms Lucas in her home in Orange.
The NDIS Quality and Safeguards Commission has launched civil penalty proceedings against LiveBetter in the Federal Court.
The commission filed an originating application and concise statement with the court last week.
"The death of Ms Lucas is tragic and our sympathies continue to be with her loved ones," Commissioner Tracy Mackey said.
"NDIS providers have very clear obligations. Failures, like those alleged by the NDIS Commission in these proceedings, will never be tolerated."