VLSB+C Consumer Strategy Consultation Paper Submission

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The cohort of Victorians we represent

As a peak body representing older Victorians and a Community Legal Centre dedicated to preventing and responding to elder abuse, COTA Victoria and SRV work with older people whose experiences of the legal system are often shaped by intersecting social, economic, and personal circumstances. This includes financial hardship, housing insecurity, declining or complex health needs, social isolation, digital exclusion, language barriers, and concerns about personal safety. Such circumstances can compound one another, making it difficult to understand legal rights, identify appropriate services, navigate legal processes, or afford professional assistance.

The ongoing shift towards digital service delivery creates additional challenges for some older people, particularly those in rural and regional communities, people with limited digital skills or access to technology, and people who do not speak English confidently. Digital services can improve convenience and access for many consumers, but they should not become the only practical pathway to legal information or assistance.

Elder abuse presents a further, often less visible, challenge. Although elder abuse is a form of family violence, it is not always recognised or understood in the same way as other forms of family violence. It can involve psychological, physical, sexual, or financial abuse, neglect, or other conduct that compromises an older person’s rights, safety, and wellbeing. Abuse is frequently perpetrated by someone known to the older person, including an adult child or other family member.

These relationships can make seeking legal assistance particularly difficult. An older person may love and wish to maintain a relationship with the person causing harm, rely on them for care or housing, or fear the consequences of legal intervention for their family. They may be reluctant to act if they believe it could expose a family member to criminal or other justice system consequences. Financial dependence, cognitive or communication barriers, and concerns about retaliation can further restrict their options.

Consequently, legal assistance may be sought only after a situation has escalated or when an older person has exhausted other avenues for resolving a problem. The way legal services are designed and delivered can either help overcome these barriers or inadvertently reinforce them.

Our feedback therefore emphasises the importance of a Consumer Strategy that recognises older people as a diverse group of legal consumers, supports informed decision-making, safeguards autonomy and dignity, and ensures that access to justice does not depend on a person’s age, income, digital capability, or personal circumstances.

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