Proposals and Questions
Download PDF2. Bail and the Remand PopulationProposal 2–1 The Bail Act 1977 (Vic) has a standalone provision that requires bail authorities to consider any ‘issues that arise due to the person’s Aboriginality’, including cultural background, ties to family and place, and cultural obligations. This consideration is in addition to any other requirements of the …
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ALRC inquiry into the incarceration rate of Aboriginal and Torres Strait Islander peoplesI, Senator the Hon George Brandis QC, Attorney-General of Australia, refer to the Australian Law Reform Commission, an inquiry into the over-representation of Aboriginal and Torres Strait Islander peoples in our prisons.It is acknowledged that while laws and legal frameworks are an important factor …
Publications
Read moreElder Abuse—A National Legal Response | 2017 World Elder Abuse Awareness Day Forum
Elder Abuse Reform Symposium, Melbourne Town Hall, World Elder Abuse Awareness Day, 15 June 2017, Emeritus Professor Rosalind F Croucher AM, President, Australian Law Reform Commission* Audio Transcript [Note: Professor Croucher spoke to this paper, so the text below is not an exact transcript of the recording of the presentation—some comments were added, especially at the …
News/Media Release
Read moreOverview of Report
1.20 As stakeholders observed, elder abuse is ‘complex and multidimensional’ and requires a ‘multi-faceted response’. In the Report, the ALRC contributes to that response with a set of recommendations—traversing laws and legal frameworks across Commonwealth, state and territory laws—aimed at achieving a nationally consistent response to elder abuse. The ALRC has looked to the horizon …
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Protecting the Rights of Older Australians from AbuseI, Senator the Hon George Brandis QC, Attorney-General of Australia, having regard to:the principle that all Australians have rights, which do not diminish with age, to live dignified, self‑determined lives, free from exploitation, violence and abusethe principle that laws and legal frameworks should provide appropriate protections and safeguards …
Publications
Read moreDuty to make inquiries
Recommendation 14–2 Adult safeguarding agencies should have a statutory duty to make inquiries where they have reasonable grounds to suspect that a person is an ‘at-risk adult’. The first step of an inquiry should be to contact the at-risk adult. 14.51 Adult safeguarding agencies should have a clear duty to inquire, when they have reasonable …
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Read moreActions
Recommendation 14–5 Adult safeguarding laws should provide that, where a safeguarding agency has reasonable grounds to conclude that a person is an at-risk adult, the agency may take the following actions, with the adult’s consent: (a) coordinate legal, medical and other services for the adult; (b) meet with relevant government agencies and other …
Publications
Read moreDeath benefit nominations
The legal framework7.17 The payment of the superannuation funds of a member on the member’s death is a matter that is determined by the governing rules of the superannuation fund. As a matter of trust law, a trustee is not able to delegate the exercise of their powers under the trust, except to the extent …
Publications
Read moreResponses to serious incidents of abuse and neglect
Recommendation 4–1 Aged care legislation should provide for a new serious incident response scheme for aged care. The scheme should require approved providers to notify to an independent oversight body:(a) an allegation or a suspicion on reasonable grounds of a serious incident; and(b) the outcome of an investigation into a serious incident, including findings and …
Publications
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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