Report Calls for Law Reform to Tackle Elder Abuse

A recently published report from the Australian Law Reform Commission (ALRC) has recommended a series of law reforms to provide greater protection from elder abuse.

In total, the report contains 43 recommendations for law reform that aim to safeguard older people from abuse and support their choices and wishes through:

• improved responses to elder abuse in residential aged care;
• enhanced employment screening of care workers;
• greater scrutiny regarding the use of restrictive practices in aged care;
• building trust and confidence in enduring documents as important advanced planning tools;
• protecting older people when ‘assets for care’ arrangements go wrong;
• banks and financial institutions protecting vulnerable customers from abuse;
• better succession planning across the self-managed superannuation sector;
• adult safeguarding regimes protecting and supporting at-risk adults.

The ALRC has also recommended the creation of a National Plan to combat elder abuse and conduct new empirical research into the prevalence of elder abuse.

This recommendation has been welcomed by the Law Society of NSW, which says that a national plan backed by additional funding and supported by the private sector could be an important component in strategies to address elder abuse.

It also suggests that individual state laws relating to powers of attorney and guardianship should be harmonised to reduce complexity and overlap.

The Law Society highlights that elder abuse can take many forms; physical abuse, psychological or emotional abuse, financial abuse, sexual abuse and neglect.

"Elder Australians more commonly face verbal abuse, bullying and harassment," explained Law Society of NSW President Pauline Wright. "Sadly, financial abuse also frequently occurs, often perpetrated within families or by someone known to the victim such as a friend, carer or neighbour.”

"No older person should suffer from abuse, mistreatment or neglect," she added.

Contact Us

In situations where older people have a genuine decision making disability and need support, Szabo & Associates, Solicitors can help with applications to the NSW Civil & Administrative Tribunal’s Guardianship Division. Applications can include Guardianship orders, Financial Management orders or both. We can also assist you with tailored solutions if the ‘abuse’ you are receiving relates to financial pressures from family members. Please call George Szabo on (02) 9281-5088 or fill in our online contact form.

Sources:

https://www.alrc.gov.au/news-media/elder-abuse-national-legal-response

https://lawsociety.com.au/about/news/1362479