A jury has found Victorian aged care provider Heritage Care did not breach the state’s Occupational Health and Safety laws by not properly training staff to use personal protective equipment (PPE) before a deadly COVID-19 outbreak.
In July 2020, 34 residents died at Heritage Care’s Epping Gardens aged care home, 18km north of the Melbourne CBD.
The provider, which has since changed its name to Aeralife Aged Care, was charged with breaching the Occupational Health and Safety Act between 13 March and 20 July 2020 by failing to ensure the workplace was safe and without risks to health.
Prosecution argued workers not trained in PPE
When the trial began on 26 August, Crown prosecutor Garry Livermore KC argued Heritage Care failed to reduce risk at Epping Gardens because workers were not trained and assessed in using personal protective equipment (PPE).
“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,” he told the jury.
However, Heritage Care barrister Daniel Gurvich KC asked the jury to consider if training and assessing all staff would have reduced the risk of an outbreak. He said the outbreak would have occurred regardless of the training.
Last Friday (12 September), there were reportedly gasps in the courtroom as the jury delivered a not guilty verdict.
A class action against Heritage Care and St Basil's Home for the Aged is scheduled to be heard in the Supreme Court in 2026, with families seeking damages and alleging both operators failed in their duty of care to residents who died.
