Queensland Law Society Media Release

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Paper seeks opportunities to strengthen elder abuse law

A new discussion paper released today asks whether Queensland law could be strengthened to better protect vulnerable older Queenslanders from physical, emotional, financial and other abuse.

The paper, Elder Abuse: How well does the law in Queensland cope?, is a joint initiative of the Public Advocate of Queensland and the Queensland Law Society, and kicks off a two-month consultation period on the issues and how laws might be improved.

Brian Herd, the Chair of the Elder Law Section at the Queensland Law Society, said while Queensland’s laws provide some protection against certain forms of elder abuse, some older people are left vulnerable, particularly those who may be dependent on others, frail, of limited mobility, or who have impaired capacity.

“With the increasing awareness of elder abuse in Queensland, we need to explore whether the state’s laws sufficiently deter physical or psychological harm, or financial exploitation,” he said.

“Queensland law does not criminalise the abuse of older people in the same way as the abuse of other vulnerable minorities such as children or those with an intellectual impairment.”

Lindsay Irons, Queensland’s acting Public Advocate, said that while many older persons are independent and able to manage their own affairs, others are highly vulnerable, particularly those whose capacity to make their own decisions is impaired.

“A range of measures needs to be in place to deter abuse and respond appropriately when it does occur,” he said. “The legal system is a key part of this process.

“This paper acknowledges the legal measures already in place to protect older people, and asks the question of whether these protections, both civil and criminal, could be strengthened.

“It is hoped that this paper will encourage discussion about how the community can better protect our ageing population from abuse.”

The paper argues for a multi-agency approach to the issues, and consideration of legal reform where appropriate.

While there are various protective measures in place, a number could be strengthened to take into account the physical or mental frailty that older people can experience.

“One example of elder abuse could be an elderly woman under the care of a son or daughter who is taking money from their mother for their own use. The mother may suspect something is going on but be too frightened to say anything because she fears losing her care and housing if she complains,” Mr Herd said.

“The woman could be infirm or unable to leave the house, and may have no idea who to turn to or what she can do to address this situation.

“A number of other countries have introduced specific laws and changed others to make it easier for such people, and those suffering other forms of elder abuse, to not only access help but to assist them through any legal process that may follow.

“The aim of this paper is to get people talking and thinking about these sorts of issues and how our laws can be changed to make them more relevant and accessible to the elderly,” Mr Herd said.

The paper asks a number of specific questions, including:

• Should Queensland law define the meaning of “elder” or the concept of abuse?
• Can civil laws make it easier for the elderly who are victims of financial abuse to seek justice?
• Does the law which allows gifts to be made to adult children by parents provide adequate protection for elderly parents who have impaired decision-making capacity?
• Does the Civil Liability Act contain adequate compensation provisions for the elderly?
• How can banks be encouraged to report suspicions that an elderly account holder may be subject to financial abuse?
• Should Queensland’s criminal laws contain specific offences relating to elder abuse?
• Should the advanced age or infirmity of victims be taken into account when sentencing offenders?

• Should domestic violence protection orders and other similar safeguards be extended to cover carer relationships and all forms of elder abuse?

The issues paper, Elder Abuse: How well does the law in Queensland cope?, is now available at qls.com.au.

Submissions or comments on the issues raised by the paper are encouraged and should be emailed to policyreform@qls.com.au or posted to Patrese McVeigh at the Queensland Law Society, GPO Box 1785 Brisbane 4000.