Aged care provider, Heritage Care, has been found not guilty of breaching workplace safety laws following a deadly COVID-19 outbreak at its Epping Gardens facility in Melbourne’s north, where 34 residents died in July 2020.
The County Court jury delivered the verdict last week, after a trial that examined whether the provider failed to adequately train staff in the use of personal protective equipment (PPE) before the outbreak.
The trial, which began on August 26, 2025, centred on a single charge under section 26 of the Occupational Health and Safety Act. Prosecutors alleged that Heritage Care, now known as Aeralife Aged Care, breached its duty to ensure a safe workplace between March 13 and July 20, 2020, by not providing practical training and assessment in PPE use for all staff at Epping Gardens.
Crown prosecutor Garry Livermore KC argued that this failure increased the risk of the virus spreading, stating, “All you need is one worker not to use the PPE properly; the risk is that the virus spreads with catastrophic consequences in an aged care facility of this kind.”
Heritage Care’s defence, led by barrister Daniel Gurvich KC, countered that the outbreak was not linked to PPE training deficiencies. Gurvich urged the jury to avoid judging the situation with hindsight, saying, “It’s not about perfection, because anyone can be perfect after the event. We all know about the dangers of hindsight.”
He argued that staff were expected to share knowledge and training, and that the outbreak “had nothing whatsoever to do with PPE training.” The jury ultimately agreed, returning a not guilty verdict after deliberating on Friday afternoon, prompting gasps in the courtroom.
Former Heritage Care CEO Gregory Reeve welcomed the outcome, stating, “We welcome the jury’s not guilty verdict. This outcome confirms what we have always maintained: that the charges should never have been brought.”
Reeve, reflecting on the broader impact of the case, expressed frustration at the resources expended, noting, “It has taken far too long to bring this matter to a close, and the cost to taxpayers has been enormous. Those resources could have been far better used supporting residents and aged care staff across Victoria.”
The trial brought renewed attention to the challenges faced by Epping Gardens during the outbreak, which saw 89 of 119 residents develop COVID-like symptoms and 65 staff members infected.
Reeve, referencing a scathing 2020 Four Corners report, highlighted the immense pressures at the time, including severe staffing shortages. “We found ourselves running on empty in terms of staff,” he said, adding, “We tried every agency. We accessed the Government, we informed the Department of Human Services, we informed the public health unit, we informed the [Aged Care] Quality and Safety Commission.”
He also noted the chaos caused by delayed test results, stating, “The impact is that you’ve got a whole group of people that are in there together and we don’t know who’s positive and who’s negative, for a seemingly unreasonable length of time.”
Reeve described the prosecution as “a politically driven prosecution: a witch hunt that caused unnecessary distress to families, residents, and our dedicated staff.” He acknowledged the toll on staff, saying, “To those who suffered through this ordeal, especially our staff, they continue to carry the weight of reputational damage despite their tireless dedication to residents.”
Reflecting on the broader context, he added, “During the pandemic, Heritage Care and our staff faced relentless scrutiny while navigating an unprecedented crisis. Staff were understandably anxious and scared to come to work, surge workforce was effectively non-existent with conflicting directives from multiple regulators and layers of government adding to the chaos.”
The Four Corners investigation revealed that staffing levels at Epping Gardens dropped to critical lows, with only six rostered staff available at one point to care for 115 residents. Reeve, a registered nurse, joined other executives in filling shifts, stating, “We were completely devoid of staff from [head office] because we were all in there assisting.” The investigation also highlighted delays in testing, with a six-day wait for results exacerbating the spread of the virus within the facility.
While the jury’s verdict clears Heritage Care of legal liability, Reeve emphasised the absence of winners in the tragedy.
“The jury’s acquittal in the Worksafe case confirms what I have always known in my heart: that Heritage Care acted responsibly under extraordinary circumstances. There are no winners here: only reflection on the tragic outcomes we all endured,” he said.
The case has reignited discussions about the aged care sector’s preparedness for pandemics and the complex interplay of responsibilities between providers, regulators, and government agencies.
For the families of the 34 residents who died, the verdict may offer little closure, as the pain of their losses remains. As Reeve told Four Corners in 2020, “I’m exceedingly sorry. I feel for every one of them. Families, staff, the residents. If I could’ve done it any different, I would’ve. If we as an organisation could’ve done it any different, we would have.”
