Elder abuse is defined by the World Health Organisation as ‘a single, or repeated act, or lack of appropriate action, occurring within any relationship where there is expectation of trust which causes harm or distress to an older person’.

Elder abuse can include physical violence, emotional abuse, neglect and financial abuse.

International research suggests between 2 and 14 per cent of older Australians experience elder abuse in any given year.

Australian research suggests that the most common type of elder abuse is financial in nature.

Family members, and particularly children, are most likely to be the perpetrators of elder abuse.

As part of the National Plan to Respond to the Abuse of Older Australians 2019–2023 (the National Plan), the Australian Government, with the support of State and Territory governments is conducting a national study on the prevalence of elder abuse in Australia. This study will provide more comprehensive data on the nature and extent of elder abuse in Australia.

The creation of a specific offence relating to elder abuse may result in greater awareness both in the justice system and more broadly throughout the community of this type of abuse

There are a range of options in the discussion paper for community input on how a specific offence of elder abuse, or changes to sentencing laws, could be implemented in order to better focus on combatting elder abuse.

If we introduced a specific offence, we would be the first Australian jurisdiction to introduce a criminal provision specifically targeting elder abuse.

The discussion paper asks for community feedback about ways to provide a more accessible pathway to provide redress where an attorney, guardian or manager has abused their powers. One option might be to change our laws so that the ACAT could make orders against a substitute decision-maker where they have misused their powers to benefit themselves, or to cause loss to the older person.

The ACAT already plays a role in supervising the use of powers of attorney and the exercise of functions by a guardian or manager. Seeking remedies from the ACAT for abuse of these powers may be easier and more accessible than going to the Supreme Court.

The ACT is working with other jurisdictions to ensure that we all take effective and practical steps to address elder abuse.

All Australian governments have agreed to focus on building an understanding of elder abuse and raising community awareness as the first two priority areas in the National Plan to Respond to the Abuse of Older Australians 2019-2023 (the National Plan) (the National Plan) which was launched on 19 March 2019.

In addition to focusing on raising awareness, the National Plan reflects other key priorities to address and prevent elder abuse, which were drawn from consultation with stakeholders. These are:

• strengthening front-line responses for older people experiencing abuse,
• working to harmonise enduring power of attorney legislation across Australia and setting up a national register of enduring powers of attorney, and
• identifying gaps in legislation for safeguarding vulnerable older people.

We have already commenced several initiatives to safeguard the rights of older Canberrans, with more than 20 initiatives included in the first Implementation Plan under the National Plan.

The local framework document in the ACT is Age-Friendly Canberra: A Vision for Our City. An Age-Friendly City Plan is being developed which will include targeted actions to ensure that older people are safe, secure and free from abuse and discrimination. The Government is consulting on this Plan, including engaging with older people and those who support them across the community on how elder abuse and age discrimination can best be tackled.

Further information about the practical measures that the Government has implemented, including funding the Older Persons ACT Legal Service (OPALS) through Legal Aid ACT, is available in the Discussion Paper.

Generally, submissions will be made public. In the absence of a clear indication that a submission is intended to be confidential, the submission will be treated as non-confidential.

If you do not wish to have your submission made public, please tell us clearly in your submission.