Submission to the Australian Law Reform Commission on Elder Abuse

In February 2016, Seniors Rights Victoria (SRV) hosted the 4th National Elder Abuse Conference in Melbourne, at which the Hon George Brandis QC, Australian Attorney General, announced  an Australian Law Reform Commission (ALRC) Inquiry into ‘Protecting the Rights of Older Australians from Abuse’. This submission is SRV’s response to the questions released with the ALRC Issues Paper on 15 June 2016, and is based on its staff’s extensive knowledge and casework.

‘’Elder abuse’ can be defined as any act which causes harm to an older person and is carried out by someone they know and trust. The abuse may be physical, social, financial, psychological or sexual and can include mistreatment and neglect. While elder abuse is vastly under-reported, the World Health Organisation estimates up to 10 per cent of older people worldwide experience it. Elder  abuse is a form of family violence, in that most perpetrators are family members – particularly adult children. Like other forms of family violence, elder abuse is about a person or persons  disrespecting the rights of another, and abusing their power and control. Elder abuse reflects gender inequality but especially the ageism that is still endemic in our society today.

Established in 2008, SRV is the key state-wide service dedicated to stopping elder abuse. It is a program of Council on The Ageing Victoria (COTA) and supported by the Victorian Government. Operating under the principle of empowering older people, SRV provides information, support, advice, casework and education to help prevent and respond to elder abuse and safeguard older peoples’ rights, dignity and independence. Services include a Helpline, specialist legal services, short-term support and advocacy for individuals, and professional and community education. SRV also participates in elder abuse policy development and law reform and work with organisations and groups to raise awareness of elder abuse.

In his announcement, Senator Brandis identified elder abuse as a “symptom of attitudes which fail to respect and recognise the rights of older Australian to make decisions, to live self-determined  lives, to live with dignity and live free from exploitation, violence and abuse”.1 The purpose of this submission is to give voice to the many victims of elder abuse SRV assists, to inform the ALRC  about the positive work being done by SRV, and to suggest changes to existing legal and other frameworks that will help eradicate the scourge of elder abuse in all its manifestations. In line with the  intention of the Inquiry, SRV has sought to “identify best practices for protecting older Australians, while promoting respect for their rights and preferences”.

SRV welcomes the opportunity to make a submission with recommendations to the Inquiry, and looks forward to its outcomes.

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