TL;DR: Former Integrity Care SA co-director Amy June Collins has pleaded guilty to a category one reckless conduct charge under the Work Health and Safety Act following the tragic death of Ann Marie Smith. Criminal neglect charges against Collins and co-director Alison Maree Virgo have been dropped, highlighting complex legal dynamics in corporate disability care.
The Tragic Case of Ann Marie Smith
Ann Marie Smith, a 54-year-old Adelaide woman with cerebral palsy, died in April 2020 while under the full-time care of the private NDIS provider Integrity Care SA (ICSA). Her death was caused by malnutrition, multiple organ failure, severe septic shock, and other medical complications arising from her condition. At the time of her passing, South Australian Police investigators revealed that Ms. Smith had been confined to a cane chair for 24 hours a day at her Kensington Park home for approximately one year leading up to her death.
Ms. Smith's death sparked national outrage and triggered extensive investigations into the safety standards, oversight mechanisms, and duty of care maintained by registered NDIS providers. The case became a central point of reference for systemic failures in the disability support sector, leading to criminal prosecutions of both her direct carer, Rosa Maione, and the corporate leaders who managed the agency responsible for her well-being.
Legal Proceedings and the Reckless Conduct Plea
In December 2023, Integrity Care SA co-directors Amy June Collins, 46, and Alison Maree Virgo, 45, both pleaded not guilty to charges of criminal neglect causing death. However, during a subsequent appearance in South Australia's District Court on August 12, 2026, the prosecution's legal strategy shifted significantly.
The criminal neglect charges against both directors were dropped by the state. Instead, Amy June Collins pleaded guilty to a downgraded category one charge of reckless conduct under the Work Health and Safety Act. This charge represents the most serious tier of health and safety breach under the Act. In pleading guilty, Collins admitted to engaging in conduct that exposed Ms. Smith—a person to whom she owed a duty of care—to a risk of serious injury, whilst being reckless as to that risk.
At the same time, all criminal and work health and safety charges against the other former co-director, Alison Maree Virgo, were entirely withdrawn by the prosecution. Furthermore, the corporate entity Integrity Care SA, which had previously faced charges of criminal neglect and failing to comply with its health and safety duty, had its charges dropped in March after the company was officially deregistered.
Specific Compliance Omissions and Systemic Duties of Care
During the court proceedings, the specific administrative and organizational failures that led to the reckless conduct charge were read aloud by the associate of Judge Ian Press. As an officer of Integrity Care SA, Collins had a statutory health and safety duty to exercise due diligence to ensure that the corporation complied with its primary duties. The court heard that Collins failed to implement two critical organizational policies that directly contributed to the hazardous environment surrounding Ms. Smith's care.
Firstly, Collins failed to ensure that Integrity Care SA had a policy requiring health and capability assessments to be performed every 12 months for Ann Marie Smith, given her highly vulnerable circumstances and severe physical condition. The lack of regular assessments meant that her declining physical health and prolonged confinement went completely unnoticed by management.
Secondly, Collins failed to ensure that the company provided written information to Ms. Smith's primary carer, Rosa Maione, detailing Ms. Smith's specific condition and explaining exactly how cerebral palsy impacted her daily living activities and overall care needs. The court noted that the risk of serious injury under these omissions was clear: attempts to mobilize Ms. Smith presented an acute risk of falling, while her continuous immobilization created a severe and ultimately fatal risk of sustaining deep pressure injuries.
Pre-Sentence Outlook
Following her guilty plea, Amy June Collins was remanded to return to court for a pre-sentence hearing later in August 2026. The resolution of this case demonstrates the significant legal challenges associated with prosecuting corporate officers for criminal neglect, resulting in a transition toward work health and safety legislation to secure regulatory accountability. For registered NDIS providers, the case serves as a stark reminder that administrative due diligence, mandatory annual health assessments, and detailed carer training are not merely bureaucratic tasks, but legally binding duties of care.
Key Takeaways
- Charges Dropped and Downgraded: Criminal neglect charges against Integrity Care SA directors Amy June Collins and Alison Maree Virgo were dropped. Collins pleaded guilty to a lesser Work Health and Safety category one reckless conduct charge, while all charges against Virgo were withdrawn.
- Failure of Due Diligence: Collins admitted she failed to ensure the company conducted mandatory 12-month health and capability assessments for Ann Marie Smith.
- Carer Training Omissions: The provider failed to give written information to carer Rosa Maione regarding how cerebral palsy affected Ms. Smith's daily care needs.
- Identified Risks: The failure to monitor and properly manage Ms. Smith's care created extreme risks of falling during mobilization and severe pressure injuries due to immobilization.
- Corporate Immunity via Deregistration: Charges against the corporate entity Integrity Care SA were dropped in March 2026 after the company was deregistered.
