Elder abuse in Australia – understanding, identifying and preventing harm to older people
Published on September 11, 2024 by Gillian Kirwan
Elder abuse remains a pressing issue in Australia, affecting many older individuals who are often vulnerable due to age-related factors. Recognising the gravity of this issue, the Australian Law Reform Commission (ALRC) published the report Elder Abuse – A National Legal Response in 2017[1]. This report laid the foundation for ongoing legal reforms and recommended measures to address elder abuse through civil and criminal remedies. This article explores the nature of elder abuse, looks at examples within the Australian context, and outlines the legal frameworks and protections available to safeguard older Australians.
Understanding elder abuse
Elder abuse encompasses any harmful act towards an older person within a relationship of trust. This abuse can manifest in various forms, including physical, psychological, financial, sexual abuse, and neglect. These actions may be deliberate or result from negligence, occurring in domestic settings, care facilities, or broader community environments.
- Physical abuse – physical abuse involves actions causing physical harm, such as hitting, pushing, or misuse of medication. Such acts can lead to injury or physical impairment.
- Psychological abuse – also known as emotional abuse, this form includes actions like verbal assaults, threats, or isolation. Psychological abuse can severely impact an older person’s mental health, leading to conditions like anxiety or depression.
- Financial abuse – this involves the misuse or theft of an older person’s finances or assets. Common examples include unauthorised access to bank accounts, coercion into changing wills, or exploitation of power of attorney.
- Sexual abuse – sexual abuse refers to any non-consensual sexual activity. It can include unwanted touching, sexual assault, or other forms of sexual coercion.
- Neglect – neglect is the failure to provide adequate care, including essentials like food, shelter, and medical attention. It can be either intentional or unintentional and often leads to severe consequences for the victim.
Examples of elder abuse in Australia
Elder abuse can occur in various contexts across Australia, and is often perpetrated by those in positions of trust, including family members, caregivers, or professionals. Some notable cases illustrate the different forms of abuse:
- Financial exploitation – financial abuse is prevalent and can be perpetrated by family members or other trusted individuals. An example might be an elderly woman coerced by her son into selling her property and transferring the funds to him, leaving her financially vulnerable.
- Psychological abuse in care facilities – reports have emerged of elderly residents in aged care facilities facing verbal abuse, bullying, and isolation from staff or other residents. Such experiences can lead to significant psychological distress.
- Neglect by family members – some older Australians suffer from neglect when family members fail to provide adequate care. For instance, an elderly man with mobility issues being left without necessary assistance resulting in dehydration and requiring hospitalisation.
- Physical abuse by caregivers – cases of physical abuse, while less common, do occur. They include rough handling, inappropriate restraint, or physical assaults by caregivers in both home and institutional settings.
- Sexual abuse – although less frequently discussed, sexual abuse remains a serious concern. Incidents can involve both caregivers and other individuals, with significant repercussions for the victims’ physical and emotional well-being.
Legal framework and protections
The ALRC’s 2017 report, Elder Abuse – A National Legal Response[2] highlighted the need for comprehensive legal protections against elder abuse. The report outlined several recommendations, focusing on enhancing existing legal frameworks and introducing new measures to protect older Australians [3].
Civil remedies
The ALRC emphasised the importance of civil remedies in addressing elder abuse. Key recommendations included:
- Powers of attorney reform – the report called for stronger regulation of enduring powers of attorney to prevent financial abuse. It recommended mandatory registration, stricter witnessing requirements, and oversight mechanisms to ensure attorneys act in the best interests of the older person.
- Protective interventions – the ALRC suggested expanding the use of civil protection orders to safeguard older individuals from abuse, including financial exploitation and harassment. These orders can restrict abusers’ access to victims and protect their assets.
- Access to justice – the report advocated for improved access to legal services and support for older Australians, particularly those experiencing abuse. This includes specialised legal services and advocacy to navigate complex legal systems.
Criminal remedies
The ALRC also explored criminal law’s role in addressing elder abuse. It recommended:
- Criminal offences – the report proposed the introduction of specific criminal offences related to elder abuse, such as neglect or financial exploitation. These offences would provide clearer legal pathways for prosecuting abusers.
- Sentencing considerations – the ALRC recommended that courts consider the victim’s age and vulnerability as aggravating factors in sentencing. This would ensure that perpetrators of elder abuse receive appropriate penalties.
- Training for law enforcement – the report highlighted the need for specialized training for police and other law enforcement personnel to recognize and respond effectively to elder abuse cases.
Protecting yourself and loved ones
Given the complexities surrounding elder abuse, individuals and families must take proactive steps to protect themselves and their loved ones. Some strategies might include:
Legal safeguards
- Powers of Attorney – carefully select and regularly review powers of attorney. Consider appointing multiple or professional attorneys to mitigate risks of financial abuse.
- Wills and estate planning – regularly update wills and other legal documents to reflect current wishes and prevent undue influence.
Financial management
- Monitor finances – keep a close watch on financial transactions and consider setting up alerts for unusual activity.
- Professional advice – consult with financial advisors or lawyers for guidance on managing assets and preventing exploitation.
Stay connected and informed
- Maintain relationships – regular communication with family, friends, and community members can help detect and prevent abuse.
- Know your rights – understanding your legal rights and available resources is crucial. The Elder Abuse Helpline and advocacy services can provide support and guidance.
- Identify signs – be aware of the signs of abuse, such as unexplained injuries, sudden financial changes, or social withdrawal.
- Act – if you suspect abuse, report it to authorities, legal professionals, or elder advocacy organisations.
Elder abuse is a complex and multifaceted issue that requires a coordinated response from legal, social, and community services. The ALRC’s 2017 report has laid the groundwork for significant reforms, aiming to strengthen protections for older Australians through civil and criminal remedies. By staying informed, proactive, and vigilant, individuals and families can play a crucial role in preventing elder abuse and ensuring the safety and dignity of older Australians.
Please note that this article does not constitute legal advice. If you are seeking professional advice on any legal matters, you can contact Carroll & O’Dea Lawyers on 1800 059 278 or via our Contact Page and one of our lawyers will be able to assist you.
[1] Australian Law Reform Commission, ‘Elder Abuse – A National Legal Response (ALRC Report 121, 2017).
[2] Ibid.
[3] Ibid.
