Attwood Marshall Lawyers’ Accredited Aged Care Professional and Wills & Estates & Aged Care Partner, Debbie Sage reflects upon the LNP’s new Parliamentary Inquiry into the impacts of elder abuse and what more the Crisafulli government can do to really make a difference.
At the end of last year, I was heartened by the new State government’s commitment to investigate the roots and impact of elder abuse by launching a Parliamentary Inquiry.
For nearly twenty years as a Wills & Estates Lawyer and in my role as head of the Aged Care department at Attwood Marshall Lawyers, I have been a passionate advocate for the safety and wellbeing of Queensland’s elder community.
It’s estimated one in six older Australians experience some form of elder abuse which can be neglect, physical and emotional abuse, financial abuse, stealing money or belongings and refusing to care for the older person after agreeing to do so. In 2023–2024, the most reported forms of elder abuse to Queensland Government’s Elder Abuse Helpline were psychological and financial abuse, with more than two-thirds of victims saying they had experienced more than one type of abuse. My view is that these figures grossly under-estimate the incidence of elder abuse in the community. Many people are too frail, lack capacity, or are too frightened or embarrassed to take any action, especially against a family member.
When connecting with the greater community and our clients, the feedback we have received regarding specific new laws to tackle elder abuse is that they would welcome legislative change to address the issue.
As such, I have been actively advocating for stronger protections in Queensland, including pushing for laws that specifically criminalise elder abuse and abuse against vulnerable persons. Inspired by the ACT, which was the first Australian jurisdiction to specifically criminalise elder abuse, I have lobbied for Queensland to follow their example.
On 20 April 2021, the ACT set the benchmark on how to protect our elderly community by introducing new laws to provide additional protections for vulnerable adults via the Crimes (Offences against Vulnerable People) Legislation Amendment Act.
The Act introduced three new offences, including:
- Abuse of a vulnerable person – which criminalises abusive conduct (including financial abuse) by a person who is responsible for the care of a vulnerable person;
- Failure to protect a vulnerable person from a criminal offence, which criminalises the failure of a person in authority within an institution to protect the vulnerable person in their care; and
- Neglect of a vulnerable person – which criminalises the neglect of a vulnerable person by someone responsible for that person’s care.
It is disheartening to acknowledge that awareness of elder abuse is not a new thing.
Elder Abuse was notably recognised more than 20 years ago in 2002, when the World Health Organisation (WHO) called on the scientific and professional community to develop global strategies for the prevention of abuse against older people. They recognised that elder abuse was not an individual or family problem but a much larger societal concern that required sound policies linked to real commitment to prevent its occurrence, and that policy and advocacy are important partners in the fight against elder abuse.
And it appears many countries other than Australia have also been active for more than two decades, in elder abuse awareness, leading to specifically designed laws to criminalise elder abuse
- 1991: Israel passed laws to protect the elderly from abuse.
- 1999: Costa Rica passed laws which penalised physical and sexual abuse, psychological abuse, and patrimonial violence against older adults.
- 2009: The Vietnam Association for the Elderly cites a wide-ranging “Elderly Law” which was approved and established
- 2010: Chile amended existing legislation to include more explicit references to elder abuse.
If we look to the United States of America, they already have a large number of laws across their states and territories designed to protect the elderly from abuse, and to help guide the practice of adult protective services agencies and law enforcement agencies among others.
And in South and Central America, the Constitutions of the Bolivian Republic of Venezuela, Brazil, Costa Rica, Columbia, the Dominican Republic, Honduras, Nicaragua, Panama, Paraguay, and the Plurinational State of Bolivia expressly state that older persons are entitled to special types of protection by the State.
I am pleased to see the launch of a Parliamentary Inquiry, which I understand stems from my policy motion and aligns with one of the new State Government’s election promises. This is a crucial step forward. David Crisafulli’s commitment to investigate the impacts of elder abuse (including how it can be prevented and reduced) should be commended.
The inquiry will rightly hear from key stakeholders such as families, advocates, and experts – to ensure all opportunities to reduce harm are identified, as part of the new State government’s First 100 Day plan. Whilst I strongly welcome their efforts, there is more we can do.
Queensland is known to have an increasingly ageing population, and although there is a dedicated task force within the Queensland Police Service to assist with the prevention of elder abuse, it is simply not enough. The Elder Abuse Prevention Unit have reported that it is taking more than a year to investigate reported cases of abuse.
Elder abuse is a deeply concerning and growing issue that demands a comprehensive and proactive response. The Queensland Government’s efforts to raise awareness and encourage reporting through initiatives such as the Elder Abuse Helpline are commendable. However, addressing this crisis requires more than just reactive measures.
Our existing legal framework remains inadequate and difficult to enforce in practice.
It is time for Queensland to put legislation in place that will formally recognise the increased vulnerability of older persons and those with a disability. The vulnerability of an elderly or disabled person requires specific laws to deal with a specific type of offending that is clearly on the rise.
People and institutions have not been subject to enough prosecution when perpetrating these types of offences.
We need new laws in place that introduce provisions related to abuse against elderly and vulnerable persons, including those responsible for providing care to elderly and vulnerable persons, engaging in abusive conduct that results in harm or financial benefit, offences for persons in authority who fail to reduce or remove substantial risks of serious offences being committed against an elderly/vulnerable person under their care, supervision and/or control.
We also need more engagement and education for the community. What we currently have is not enough, organisations are inundated, and a lot of people are slipping through the cracks or issues not taken seriously enough to be investigated.
Only by implementing systemic legal reform, targeted education, and preventative strategies, we can create a culture of respect, accountability, and support.
Together, we must ensure the rights and dignity of older Australians are upheld, while those affected by abuse receive the justice and protection they deserve.
I would welcome any feedback or suggestions – please email me directly on dsage@attwoodmarshall.com.au
