Responses 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 …
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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 moreFraming legal responses to elder abuse
Elder abuse in the federal context2.74 Issues surrounding elder abuse relate to areas of Commonwealth, state and territory and possibly local government responsibility. For example, the Commonwealth makes laws relating to financial institutions, social security, superannuation and aged care. Laws relating to substitute decision making, including guardianship and powers of attorney, and most criminal laws, …
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Read moreOverview of Report
1.20 As stakeholders observed, elder abuse is ‘complex and multidimensional’ and requires a ‘multi-faceted response’. In this 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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Read moreTerms of Reference
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 …
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Read moreSupporting Older People in Exercising and Protecting Their Rights—Insights from the ALRC’s Disability and Elder Abuse Inquiries
Keynote Address, ADA National Conference, ‘Human Rights & Social Justice: Shifting Client Control’, Surfers Paradise, Queensland, 23 March 2017, Emeritus Professor Rosalind F Croucher AM, President, Australian Law Reform Commission* Abstract: The ALRC’s Disability inquiry embodied the paradigm shift of the UNCRPD to supported decision making and, as a first principle, that all adults have …
News/Media Release
Read moreIndigenous Incarceration enews | Issue 3 | Meet the Commissioner
Meet the CommissionerHis Honour Judge Matthew Myers AM, newly minted ALRC Commissioner appointed to lead the Inquiry into incarceration rates of Aboriginal and Torres Strait Islander peoples, speaks about his journey in the law, and his perspective on this Inquiry.Listen to audio or read transcript >> See bio >>Upcoming consultationsConsultation is always key to the ALRC inquiry process, and …
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Read moreElder Abuse – enews – Issue 6
Reminder: Submissions due in 3 weeksThe ALRC is very appreciative of the input that we receive from our dedicated stakeholders and we want to remind you that submissions in response to the Discussion Paper, released on 12 December last year, are due by 27 February 2017. Feedback from the community on our proposals is crucial …
News/Media Release
Read moreTerms of Reference
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 moreCompulsory reporting of abuse and complaint handling
Proposal 11–1 Aged care legislation should establish a reportable incidents scheme. The scheme should require approved providers to notify reportable incidents to the Aged Care Complaints Commissioner, who will oversee the approved provider’s investigation of and response to those incidents. Proposal 11–2 The term ‘reportable assault’ in the Aged Care Act 1997 (Cth) should be …
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