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Health

NDIS commission's civil action against Integrity Care over death of Ann Marie Smith is delayed

Disability care recipient Ann Marie Smith's death in 2020 sparked a criminal investigation by SA Police. (Supplied: SA Police)

A Federal Court action launched against the company responsible for caring for Adelaide woman Ann Marie Smith, who died in alleged neglect, has been temporarily halted until criminal proceedings have concluded.

Ms Smith died in 2020 from severe septic shock, malnutrition, multiple organ failure and other complications from her cerebral palsy while she was in full-time care.

Her carer, 70-year-old Rosa Maria Maione, was sentenced to six years' jail for manslaughter in March this year.

The company, Integrity Care, has been charged with criminal neglect causing death and failing to comply with a health and safety duty of care.

Its directors Amy June Collins and Alison Maree Virgo are facing the same charges but they have yet to plead.

The National Disability Insurance Scheme (NDIS) Quality and Safeguards Commission is seeking to impose financial penalties on the South Australian company.

Justice Natalie Charlesworth on Friday ordered the civil matter to be stayed until 28 days from the conclusion of criminal proceedings, including appeals.

Amy June Collins is one of two directors of Integrity Care charged over the death of Adelaide woman Ann Marie Smith.  (ABC News: Claire Campbell)

In documents previously filed to the Federal Court, the NDIS commission accused Integrity Care of failing to "take all reasonable steps to prevent all forms of neglect of people with disability".

It also accused the former NDIS provider of failing to comply with a statutory requirement "to provide supports and services in a safe and competent manner".

The company has yet to file a statement of defence to the Federal Court.

Integrity Care has been fined, banned from operating in the NDIS and had its registration revoked.

Rosa Maria Maione has been jailed over Ann Marie Smith's death. (ABC News: Mahalia Carter)

Its directors, released on bail, will face court again in October.

Police say Ms Smith, 54, was confined to a cane chair for 24 hours a day in the year leading up to her death.

One of the company's former directors, 57-year-old Philip John Greenland, has been charged with aggravated assault for allegedly spitting in the face of a witness in the investigation into Ms Smith's death.

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