4.1          The Terms of Reference require the ALRC to consider existing Commonwealth laws and frameworks that seek to safeguard and protect older persons, and the interaction and relationship of these laws with state and territory laws, including criminal laws and criminal justice responses.

4.2          Responsibility for criminal laws and frameworks relevant to elder abuse falls to Australian states and territories. Criminal practice and procedure, intervention order legislation, court practice and procedure, policing, prosecution and victim support, and sentencing legislation and practice are also predominantly addressed at state and territory level.

4.3          In this chapter the ALRC discusses the key issues identified by stakeholders in respect of the criminal law and related processes and frameworks. These issues relate to the creation of specific offences for ‘elder abuse’, ‘elder neglect’ and ‘misuse of powers of attorney’; and police training.