Neglectful to the Point of Cruelty? Elder Abuse and the Rights of Older Persons in Australia Wendy Lacey ∗ Abstract Australia’s ageing population is growing and so too is the number of older persons who experience abuse. Divorce, ill-health, disability, the death of a partner, dependency, poverty, social isolation, gender, and even the accumulation of assets, can heighten a person’s vulnerability to abuse — physical, social, sexual, psychological, financial or neglect. Addressing elder abuse from a legal and policy perspective is not, however, simple. Perceived Commonwealth dominance in the ageing portfolio, despite the lack of a comprehensive legislative mandate to safeguard older Australians; a lack of innovative legal reform at the state level; ageism; the invisibility of our older people; a lack of awareness within the community of both the prevalence, nature and the signs of elder abuse; together with the absence of an international normative framework for protecting the rights of older persons, have together created a situation where elder abuse is simply not widely acknowledged as a serious issue in Australia and is inadequately addressed under existing laws. This article examines the current legal situation in Australia and calls for a collaborative national strategy for preventing and responding to elder abuse, incorporating a rights-based approach to the review and reform of state and territory laws. Recognising that elder abuse involves the denial of a person’s basic human rights, including the right to live free from abuse, exploitation or neglect, this article calls for a national inquiry into elder abuse by the Australian Human Rights Commission. I Introduction Ageing is the most significant population change projected to occur both within Australia and globally over the next 50 years. 1 The number of people aged 60 ∗ Professor of Law and Deputy Dean, School of Law, University of South Australia. The author is a Co-Convenor of the Australian Research Network on Law and Ageing (‘ARNLA’) and was a co- author, together with the South Australian Office of the Public Advocate, of the Closing the Gaps Report, below n 9. This report was tabled in the South Australian Parliament by the Minister for Health, the Hon John Hill, on 15 June 2012; see further South Australia, Parliamentary Debates, House of Assembly, 14 June 2012, 2178 (John Hill, Minister for Health).
Neglectful to the Point of Cruelty? Elder Abuse and the Rights of Older Persons in Australia
Jul 05, 2023
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