Heritage Care acquitted: Ex-CEO says charges “should never have been brought”

Former Heritage Care CEO Gregory Reeve has strongly criticised the prosecution of the aged care provider over the COVID-19 outbreak at Epping Gardens, calling the recently concluded trial a “politically driven witch hunt” that should never have been pursued.

Last week, a County Court jury found Heritage Care (now operating as Aeralife Aged Care) not guilty of breaching workplace safety laws after 34 residents died during the devastating July 2020 outbreak at the Melbourne facility. The charge alleged the provider failed to ensure staff were adequately trained in the use of personal protective equipment (PPE).

Reeve welcomed the jury’s decision, saying it confirmed what he and others at the provider had always believed.

“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 said.

“Resources could have been better spent”

Reeve voiced frustration at the length and cost of the case, arguing that the years-long process drained energy and money that could have been better directed towards care.

“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,” he said.

The trial revived scrutiny of the challenges faced by Epping Gardens at the height of the pandemic. At one point, 89 of the facility’s 119 residents displayed COVID-like symptoms, and 65 staff members were infected.

Chaotic conditions in 2020

Reeve stressed the extreme pressures on staff during the crisis, pointing to chronic staffing shortages, delayed test results, and conflicting instructions from multiple regulators and agencies.

“We found ourselves running on empty in terms of staff,” he said. “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 described the delays in test results as “chaotic,” adding:

“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.”

The Four Corners investigation in 2020 revealed staffing at Epping Gardens had reached critical lows, with only six rostered workers available at one point to care for 115 residents. Reeve, a registered nurse, said he and other executives stepped in to help.

“We were completely devoid of staff from [head office] because we were all in there assisting,” he said.

“No winners in this tragedy”

While the jury’s decision clears Heritage Care of legal liability, Reeve emphasised that the tragedy left lasting scars on families, residents and staff.

“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,” he said. “There are no winners here: only reflection on the tragic outcomes we all endured.”

He acknowledged the heavy toll carried by staff, many of whom continue to face reputational damage despite their efforts during the crisis.

“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,” Reeve said.

Wider implications for aged care

The case has reignited debate about the preparedness of Australia’s aged care sector to respond to pandemics, as well as the roles and responsibilities of providers, regulators and government agencies.

For the families of the 34 residents who died, the verdict offers little consolation. Reeve has consistently expressed sorrow for their loss.

“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,” he said.