Law Reform: Elder Abuse

"Two years ago a Royal Commission was called into aged care, its final report goes to the federal government tomorrow. For the decades leading to it, we've been hearing regular reports of the mistreatment and abuse of Australia's elders. We've been repeatedly told by successive governments that they were onto it that things would change, that it wouldn't be tolerated any longer. Tonight we have evidence that despite all the attention, appalling cases of neglect and maltreatment are still occurring."

"Safeguards to prevent elder abuse are often assisting disgruntled relatives in court battles over inheritances, a new analysis has found. Dr Ben Chen from the University of Sydney Law School examined litigation in Australia relating to elder financial abuse and found such legal action is usually launched after the person has died ... "

"To most, it is an unthinkable crime - stealing from, or abusing parents in their vulnerable years. But reports of elder abuse are on the rise and police are cracking down with a cross-state arrest for over $1,000,000 swindled from a Gold Coast woman's account. Accused of the ultimate betrayal, detectives grill a 64-year-old Victorian man suspected of draining the bank accounts of his elderly mother ... "

"The abuse and exploitation of older Queenslanders continues to be a significant concern for Queensland Law Society."

"Elder abuse has been defined by the World Health Organization as 'a single, or repeated act, or lack of appropriate action, occurring within any relationship where there is an expectation of trust which causes harm or distress to an older person' ... "

"In response to criticisms of the reporting criteria for abuse in aged care that were aired in the Australian Law Reform Commission’s Report into Elder Abuse and more recently, the 'Royal Commission into Aged Care Quality and Safety', a new Serious Incident Response Scheme (SIRS) came into effect in April 2021."

"The Australian Government is committed to preventing and responding to elder abuse ... "

"Elder abuse is a single or repeated act—or lack of appropriate action—occurring within any relationship where there is an expectation of trust, which causes harm or distress to an older person."

"The ALRC was asked to consider Commonwealth laws and legal frameworks and how they might better protect older persons from misuse or abuse, and safeguard their autonomy ... "

"This article will comment on some of the issues surrounding Queensland Legislation as it relates to the abuse of older persons ... "

"According to the National Elder Abuse Prevalence Study, published by the Australian Institute of Family Studies in December, 2021, almost one in six older Australians reported experiencing some form of elder abuse in the past 12 months. What make elder abuse most devastating is that the perpetrator is usually someone the older person trusts and relies on, such as a family member, friend or carer and almost two-thirds of older people don’t seek help when they are abused ... "

"... As Age Discrimination Commissioner, I have made it my priority during my term to address three major manifestations of age discrimination — elder abuse in the community, older women’s risk of homelessness and age discrimination and the workplace ..."

"A new offence could be considered that criminalises unconscionable conduct towards a vulnerable person. Unfortunately, elder abuse is not always considered a crime by many in our community – it is still seen by many as something to be resolved within a family. Victims are sometimes reluctant to report abuse, especially when the abuser is a family member, fearing the consequences for the perpetrator (and themselves) of a prosecution ..."

"Significant national reform activity is occurring that concerns the abuse of older people by trusted others. This includes an Australian Law Reform Commission report entitled 'Elder Abuse - A National Legal Response' (2017), and the adoption in 2019 of the first ever "National plan to respond to the abuse of older Australians (elder abuse)". While service responses in this field largely exist at, and will continue to be provided at, state and territory level, this article considers current and needed reform initiatives in a field of increasing national government attention ... "

"Perpetrators of elder abuse, often the adult children of victims, must be held accountable."

"Shocking new data has revealed one person is abused every hour in Australia's nursing homes. That have been close to 9000 reports of elder abuse during the pandemic, with nearly half being sexual or serious physical assault ..."

"Elder abuse has gained significant attention in Australia in recent years as a serious problem requiring increased policy focus. Five abuse subtypes are commonly recognised: financial abuse, physical abuse, sexual abuse, psychological abuse (otherwise known as emotional abuse), and neglect ..."

"People in Australia are at increased risk of abuse in their later years. This abuse can take many forms, including psychological or emotional abuse, financial abuse, physical abuse, sexual abuse, and neglect (ALRC 2017) ... "