The Aged Care Quality and Safety Commission welcomes a Federal Court decision declaring that Mr Gregory Scott Edwards breached a banning order by continuing to work in aged care after being prohibited from doing so.

The Court found Mr Edwards was subject to a banning order from 15 April 2024 that prohibited him from being involved in the provision of any type of aged care. Despite the order, the Court found he worked 15 shifts as an aged care worker at Bolton Clarke Raffles between April and June 2024, and 1 shift at Uniting Kingscliff in April 2024.

Aged Care Quality and Safety Commissioner Liz Hefren-Webb said the decision reinforces the importance of compliance with banning orders to protect older people receiving care.

"Protecting older people from harm is at the heart of the Commission's work. Banning orders are issued to safeguard older people receiving aged care services, and compliance with those orders is not negotiable," Commissioner Hefren-Webb said.

"When an individual is subject to a banning order, they must comply with its conditions. These orders are in place to protect some of the most vulnerable members of our community, and any breach of those conditions is unacceptable."

The Court entered default judgment in favour of the Commission after Mr Edwards failed to participate in the proceedings. The Court made a declaration that Mr Edwards’ conduct breached the banning order.

The Commissioner said the outcome demonstrates the Commission's commitment to taking strong regulatory action where necessary.

"This matter demonstrates our willingness to take strong enforcement action where we identify conduct that may place older people at risk or undermine confidence in aged care."

The Court also noted the public interest in making the declarations sought by the Commission and observed that breaches of banning orders are serious.

Aged care providers are expected to maintain robust workforce screening processes and regularly check the Commission's Banning Order Register to ensure no person subject to a banning order is engaged in the delivery of aged care services.

The Commission will continue to investigate and pursue alleged breaches of banning orders and other regulatory requirements where necessary.

The question of pecuniary penalties and costs has been adjourned for a further hearing on 14 December 2026. The Commission is seeking financial penalties in relation to the contraventions.

Media enquiries: media@agedcarequality.gov.au

Further information

About Aged Care Banning Orders Aged Care Banning Orders are a regulatory enforcement mechanism used by the Aged Care Quality and Safety Commission to protect older people receiving aged care.

A banning order can prohibit or restrict a registered provider, aged care worker, responsible person, or in some cases other individuals, from providing or being involved in aged care services either permanently or for a specified period.

Orders may be imposed where a person or provider is considered unsuitable to work in aged care, has breached the Aged Care Code of Conduct, poses a serious risk to the safety, health or wellbeing of care recipients, or has been involved in serious misconduct such as fraud or dishonesty.

Contravention of a Banning Order is a serious regulatory breach that can result in substantial civil penalties and further enforcement action.

More information on banning order responsibilities and practical guidance is available in Regulatory Bulletin No. 2023-17.

The Banning Order register is published on the Commission’s website at: www.agedcarequality.gov.au/providers/compliance-enforcement/banning-orders

About the Aged Care Quality and Safety Commission

The Aged Care Quality and Safety Commission is the regulator of aged care services in Australia, responsible for protecting and enhancing the safety, health, wellbeing and quality of life of people receiving aged care. More information about the Commission is available at: www.agedcarequality.gov.au