Two female directors of a former NDIS provider charged over the death of Adelaide woman Ann Marie Smith have been released on bail.
Ms Smith died in April 2020 from severe septic shock, malnutrition, multiple organ failure and other complications from her cerebral palsy while she was in full-time care.
Police believe the 54-year-old was confined to a cane chair inside her Kensington Park home for 24 hours a day in the year leading up to her death.
Amy June Collins, 42, and Alison Maree Virgo, 40, — who were the directors of Integrity Care — faced the Adelaide Magistrates Court on Friday via video link from the City Watch House.
They have been charged with criminal neglect causing death and failing to comply with a health and safety duty of care.
The maximum penalty for criminal neglect causing death is life in prison.
The company — Integrity Care — has also been charged with the same offences.
It has been further accused of failing to provide the carer with "sufficient training, support and supervision" to care for Ms Smith, while Ms Collins and Ms Virgo are alleged to have "failed to exercise due diligence to ensure that Integrity Care complied with its health and safety duty".
The women's lawyers made an application for bail, which prosecution did not oppose with a $20,000 bail agreement.
Under the bail conditions, the women — both of Huntfield Heights — will be banned from leaving the state, have had to surrender their passports and are banned from having contact with certain individuals connected to the case.
The matter returns to court in October.
Ms Smith's disability support worker at the time of her death – Rosa Maria Maione – was jailed in March for at least five years and three months.
She pleaded guilty to manslaughter by criminal neglect.
Joint investigation with SafeWork SA
SA Police Deputy Commissioner Linda Williams said Friday's charges were the result of the first joint investigation between police and SafeWork SA.
"In this case, we will allege that, sadly, that did not occur and it resulted in the death of Annie."
SafeWork SA executive director Martyn Campbell said directors of companies like Integrity Care had to ensure the duty of care they had for people they looked after was carried out by their staff.
"It's one thing to have an organisation and a business and to have that duty, but it's another question altogether to make sure that your work health and safety obligations are carried through and from our perspective, we say they weren't and that they fell short," he said.
Integrity Care SA, has previously been fined more than $12,000 by the NDIS Quality and Safeguards Commission for failing to report Ms Smith's death.
The Quality and Safeguards Commission is also taking separate civil action against the company.
One of the company's former directors, has been charged with aggravated assault for allegedly spitting in the face of a witness in the investigation into Ms Smith's death.
Minister for Police and Correctional Services Joe Szakacs said Friday's charges were "an appropriate first step in carrying out justice for Ann Marie Smith".
"The expertise of both Major Crime and Safework SA to conduct a thorough investigation into the alleged offences leaves the community in safe hands to prevent further horrific abuse of South Australians living with a disability," he said.
Human Services Minister Nat Cook said the charges send a strong message about "the importance we place on those in our community who are marginalised".
"This will and must send a very strong message that we have zero tolerance of people that take advantage of those in our community who deserve our support."
Federal Minister for the NDIS and Government Services Bill Shorten said he could not case on Ms Smith's case.
Help from carers in investigation
Detective Superintendent Des Bray, from Major Crime, acknowledged the help of former Integrity Care staff and the public in the investigation.
"There are lots of good carers out there," he said.
"There were good carers who were employed by Integrity Care and would have had no knowledge of what was occurring.
"There were also employees that assisted us."
He said police had not been able to gather enough evidence in relation to missing jewellery and other property belonging to Ms Smith, or how her car racked up fines when she could not drive.
"We have our own beliefs as to what happened with some of that, but there isn't proof to progress any charges in relation to that," he said.
