Alternatives to specific offences
13.25 Stakeholders submitted that factors—other than the availability of offences—may limit the availability and efficacy of criminal justice responses. These include, for example, a lack of understanding of what elder abuse is, a reluctance to acknowledge and report elder abuse, and low rates of prosecution.[39] WA Police stated:Some of the reasons for under-reporting include that …
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Read moreA National Plan to Combat Elder Abuse
Recommendation 3–1 The Australian Government, in cooperation with state and territory governments, should develop a National Plan to combat elder abuse. The Plan should: (a) establish a national policy framework; (b) outline strategies and actions by government and the community; (c) set priorities for the implementation of agreed actions; and (d) provide for further research …
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Read moreGoals
Recommendation 3–3 The National Plan to combat elder abuse should identify goals, including: (a) promoting the autonomy and agency of older people; (b) addressing ageism and promoting community understanding of elder abuse; (c) achieving national consistency; (d) safeguarding at-risk adults and improving responses; and (e) building the evidence base. Recommendation 3–4 The National Plan should …
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Read moreAbuse of older people
What is ‘elder abuse’?2.25 The most widely known definition of elder abuse is that provided by the World Health Organization (WHO). It defines elder abuse as:a single, or repeated act, or lack of appropriate action, occurring within any relationship where there is an expectation of trust which causes harm or distress to an older person.[40]2.26 …
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Read moreWhy there should be a National Plan
Proposal 2–1 A National Plan to address elder abuse should be developed. 2.3 National plans to guide reform and action have facilitated long-term strategic and whole-of-government responses to a diverse range of issues.[2] A plan provides a framework for action, identifying priority reform areas, performance indicators and appropriate responsibility and oversight for such reform. The …
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Read moreComponents of a National Plan
2.10 The National Plan to Reduce Violence against Women and their Children 2010–2022 could be used as an instructive model.[8] It sets a ‘framework for action’ over a 12 year horizon to be implemented through four three-year plans, called ‘Action Plans’: to bring together ‘the efforts of governments across the nation to make a real and …
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Read moreWhat is elder abuse?
1.10 Elder abuse may be broadly defined as causing harm to an older person. It usually refers to deliberate harm, such as assaulting an older person or stealing their money, but it may also be harm caused by neglect, such as failing to feed or provide prescribed medications to an older person. Elder abuse usually …
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Read moreAppendix G: Participation in external inquiries
Often through its inquiry work the ALRC has already conducted valuable research into areas of law or legal processes that become subject to review by other agencies or parliamentary committees. Where appropriate and relevant, the ALRC provides briefings or written submissions to parliamentary committees, Ministers, government departments, and other bodies. In this way, the experience …
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Read moreCriminal law
175 Elder abuse is closely related to family violence. Like family violence, elder abuse can be physical, sexual, psychological or financial in nature, and is usually committed by a family member. State and territory criminal law includes offences that respond to some forms of physical, sexual and financial elder abuse. Offences relevant to elder abuse …
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Read morePublic interest matters
Recommendation 9–2 The Act should include the following list of countervailing public interest matters which a court may consider, along with any other relevant public interest matter: (a) freedom of expression, including political communication and artistic expression; (b) freedom of the media, particularly to responsibly investigate and report matters of public concern and importance; (c) …
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