Finding into death of Debra Louise Goold

IN THE CORONERS COURT COR 2024 004865 OF VICTORIA AT MELBOURNE FINDING INTO DEATH WITHOUT INQUEST Form 38 Rule 63(2) Section 67 of the Coroners Act 2008 Findings of: Judge John Cain, State Coroner Deceased: Debra Louise Goold Date of birth: 23 September 1961 Date of death: 15 September 2023 Cause of death: 1(a) DECOMPENSATED LIVER FAILURE -

CHILDS PUGH B CIRRHOSIS 1(b) RENAL FAILURE Place of death: Ballarat Base Hospital, 1 Drummond Street North, Ballarat Central Victoria 3350 Keywords: Specialist Disability Accommodation resident, supported independent living, disability support, reportable deaths, natural causes

INTRODUCTION

1. On 15 September 2023, Debra Louise Goold was 61 years old when she died at Ballarat Base Hospital due to renal failure.

2. At the time of her death, Ms Goold was a National Disability Insurance Scheme (NDIS) participant. She received funding to reside in a Specialist Disability Accommodation (SDA) enrolled dwelling1 provided by ELJET Property Group. Ms Goold was receiving these supports due to decompensated liver failure – Childs Pugh B cirrhosis.

3. Ms Goold lived close by to her partner Ian Wells and enjoyed spending time with her two sons and six grandchildren. She liked animals and enjoyed caring for them.

THE CORONIAL INVESTIGATION

4. Ms Goold’s death fell within the definition of a reportable death in the Coroners Act 2008 (the Act) as she was a ‘person placed in custody or care’ within the meaning of the Act, as a person receiving funding for Supported Independent Living (SIL) and residing in an SDA enrolled dwelling immediately prior to her death. This category of death is reportable to ensure independent scrutiny of the circumstances leading to death given the vulnerability of this cohort and the level of power and control exercised by those who care for them. The coroner is required to investigate the death, and publish their findings, even if the death has occurred as a result of natural causes.

5. The role of a coroner is to independently investigate reportable deaths to establish, if possible, identity, medical cause of death, and surrounding circumstances. Surrounding circumstances are limited to events which are sufficiently proximate and causally related to the death. The purpose of a coronial investigation is to establish the facts, not to cast blame or determine criminal or civil liability.

1 SDA enrolled dwelling is defined under the Residential Tenancies Act 1997 (Vic). The definition, as applicable at the time of Ms Goold’s death, is a permanent dwelling that provides long-term accommodation for one or more SDA residents, that is enrolled as an SDA dwelling under relevant NDIS (Specialist Disability Accommodation) Rules in force at the relevant time. An SDA resident means a person who is an NDIS participant funded to reside in an SDA enrolled dwelling, or who receives continuity of supports under the Commonwealth Continuity of Support Program in respect of specialist disability services for older people (from 1 July 2021, the Disability Support for Older Australians program). The definition of SDA resident was amended on 1 July 2024 pursuant to the Disability and Social Services Regulation Amendment Act 2023 to extend to include persons who are residing, or propose to reside, in an SDA dwelling under an SDA residency agreement or residential rental agreement.

6. Under the Act, coroners also have the important functions of helping to prevent deaths and promoting public health and safety and the administration of justice through the making of comments or recommendations in appropriate cases about any matter connected to the death under investigation.

7. This finding draws on the totality of the coronial investigation into the death of Debra Louise Goold including information from the National Disability Insurance Agency (NDIA) and the NDIS Quality and Safety Commission, as well as a Medical Certificate Cause of Death (MCCD) completed by a medical practitioner at Ballarat Base Hospital. Whilst I have reviewed all the material, I will only refer to that which is directly relevant to my findings or necessary for narrative clarity. In the coronial jurisdiction, facts must be established on the balance of probabilities.2

MATTERS IN RELATION TO WHICH A FINDING MUST, IF POSSIBLE, BE MADE Circumstances in which the death occurred

8. On 6 September 2023 Ms Goold was admitted to Ballarat Base Hospital as a result of liver failure. She developed sepsis and multiorgan failure, and on 10 September 2023, after consultation with family, end of life care commenced. Ms Goold died peacefully in hospital on 15 September 2023.

Identity of the deceased

9. On 15 September 2023, Debra Louise Goold, born 23 September 1961, was identified by Medical Practitioner Dr Timothy Khoo via review of medical records and visual identification.

10. Identity is not in dispute and requires no further investigation.

Medical cause of death

11. On 15 September 2023, Medical Practitioner Dr Timothy Khoo reviewed Ms Goold’s complete medical history, conducted an examination on the body and completed a MCCD.

2 Subject to the principles enunciated in Briginshaw v Briginshaw (1938) 60 CLR 336. The effect of this and similar authorities is that coroners should not make adverse findings against, or comments about, individuals unless the evidence provides a comfortable level of satisfaction as to those matters taking into account the consequences of such findings or comments.

Dr Khoo provided an opinion that the medical cause of death was decompensated liver failure – Childs Pugh B cirrhosis and renal failure.

12. On 18 August 2024 a Medical Liaison Nurse (MLN) at the Victorian Institute of Forensic Medicine reviewed the MCCD at my direction and confirmed that the cause of death was due to natural causes.

13. I accept Dr Khoo’s opinion and am satisfied that the death was due to natural causes.

FINDINGS AND CONCLUSION

14. Pursuant to section 67(1) of the Coroners Act 2008 I make the following findings: a) the identity of the deceased was Debra Louise Goold, born 23 September 1961; b) the death occurred on 15 September 2023 at Ballarat Base Hospital, 1 Drummond Street North, Ballarat Central Victoria 3350 from decompensated liver failure - Childs Pugh B cirrhosis secondary to renal failure.

c) the death occurred in the circumstances described above.

15. The available evidence does not support a finding that there was any want of clinical management or care on the part of the SIL provider, or clinical staff at Ballarat Base Hospital, that caused or contributed to Ms Goold’s death.

16. Having considered all the available evidence, I find that Ms Goold’s death was from natural causes and that no further investigation is required. As such, I have exercised my discretion under section 52(3A) of the Act not to hold an inquest into her death and to finalise the investigation of Ms Goold’s death in chambers.

I convey my sincere condolences to Ms Goold’s family, friends and carers for their loss, and acknowledge the distress caused by the delay in the reporting and investigation of Ms Goold’s death.

Pursuant to section 73(1B) of the Act, I order that this finding be published on the Coroners Court of Victoria website in accordance with the rules.

I direct that a copy of this finding be provided to the following: Ian Wells, Senior Next of Kin

Grampians Health Ballarat (Ballarat Base Hospital) ELJET Property Group Signature: ___________________________________ Date: 9 December 2024 NOTE: Under section 83 of the Coroners Act 2008 ('the Act'), a person with sufficient interest in an investigation may appeal to the Trial Division of the Supreme Court against the findings of a coroner in respect of a death after an investigation. An appeal must be made within 6 months after the day on which the determination is made, unless the Supreme Court grants leave to appeal out of time under section 86 of the Act.