KP Carmody & Co

The Australian Law Reform Commission’s Report Elder Abuse – A National Response was tabled on 14 June 2017 concluding a 15 month enquiry. It included 43 recommendations for law reform which aim to achieve a nationally consistent response to elder abuse.

It is intended that that the overall effect of the recommendations will be:-

• Improved responses to elder abuse in residential aged care including enhanced employment screening of care workers and greater scrutiny regarding the use of restrictive practices in aged care;

• Building trust and confidence in enduring documents as important advanced planning tools;

• Protecting older people when ‘assets for care’ arrangements go wrong;

• Banks and financial institutions protecting vulnerable customers from abuse;

• Better succession planning across the self-managed superannuation sector; and

• Adult safeguarding regimes protecting and supporting at-risk adults.

The Australian Law Reform Commission (ALRC) used two key principles to frame its recommendations: dignity and autonomy on the one hand and protection and safeguarding on the other. Protecting older people from abuse can be seen to support and enable their ability to live autonomous and dignified lives.

Whilst enduring powers of attorneys and enduring guardianships are important tools to allow people to choose who can make decisions for them they can also facilitate abuse by these decision makers. The ALRC has made recommendations relating to enduring documents including: adopting nationally consistent safeguards; giving tribunals the power to award compensation when duties are breached; and establishing a national on-line register.

Sometimes an older person may enter into a ‘family agreement’ that may involve the older person transferring their home or the proceeds of sale of their home or other assets to an adult child in exchange for ongoing care, support and accommodation. The ARLC has made recommended that tribunals be given jurisdiction over disputes within families with respect to these arrangements.

The ARLC has also made recommendations regarding wills particularly to protect older people from undue influence when making a will and elder abuse within the aged care industry.

The report is available for viewing free at alrc.gov.au/publications.