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The Canberra Times
The Canberra Times
National
Katie Burgess

ACT looks to make elder abuse a crime

Elder abuse could soon be a crime in Canberra, as advocates say more and more older people are coming forward for help.

ACT Attorney-General Gordon Ramsay has asked his directorate to look at the statute books to determine how an elder abuse offence could work, as part of the territory government's response to the National Plan to Respond to the Abuse of Older Australians.

Elder abuse is prevalent across the ACT, the head of Legal Aid says. Picture: Shutterstock

Mr Ramsay said the protection of older people was a priority.

"We know that the royal commission into aged care has already revealed some horrible circumstances where the abuse of older people has occurred both at home and in aged care institutions," Mr Ramsay said.

"Such strong evidence in the public sphere tells us that we need stronger laws to protect older Canberrans from both physical and financial abuse."

Legal Aid ACT chief executive Dr John Boersig said elder abuse was quite prevalent in Canberra and more broadly.

Since Legal Aid began running the elder abuse hotline, the number of calls had quadrupled.

"This issue is absolutely hidden within the folds of a family, older people are exploited in a really subtle way behind closed doors so generally members of the public or other family members can't see it," Dr Boersig said.

"It's insidious, and anything we can do to shine a light, get access and open it up so vulnerable people are protected is a very positive thing."

ACT Attorney-General Gordon Ramsay. Picture: Elesa Kurtz

A recent case he dealt with was a daughter living rent-free in an elderly mother's home, who refused to leave so the home could be sold so her mother could secure a place in aged care.

"We had to go to court to get her daughter out," Dr Boersig said.

Council of the Ageing ACT executive director Jenny Mobbs said action on elder abuse was welcome, but she was concerned it would continue to go unreported, especially if it was made a crime.

"The difficult thing is a lot of elder abuse occurs within a family, and therein lies the challenge - no parent is going to want to report their son or daughter," Ms Mobbs said.

Ms Mobbs said elder abuse was also difficult to pin down as it came in so many forms - physical, emotional and financial.

"How do you identify emotional abuse, particularly if it goes to court?" Ms Mobbs said.

However Dr Boersig said elder abuse could be dealt with in a similar way to domestic violence.

"The ACT government recently dealt with violence against women by introducing choking legislation," he said.

"On the face of it, existing laws cover a whole range of assaults and the seriousness of assaults is reflected in whether it's common assault or grievous bodily harm, but choking was brought in to reflect what happens at a domestic level with people. With elder abuse it could be similar."

Dr Boersig also cited laws brought in to protect police or ambulance officers.

"It's specific legislation to protect vulnerable people in our community and elder abuse is another example of that," Dr Boersig said.

For help, please call:

  • 1800 ELDERHelp (1800 353 374)
  • Older Persons ACT Legal Service (OPALS) on 02 6243 3436
  • Domestic Violence Support: 1800RESPECT
  • In an emergency, call 000
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