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Snapshot

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

THE Australian Law Reform Commission’s Report, Elder Abuse–A National Legal Response (ALRC Report 131), (‘Report’) was tabled on 14 June 2017. It concludes a 15-month inquiry in which the ALRC considered Commonwealth laws and legal frameworks and how they might better protect older persons from misuse or abuse, and safeguard their autonomy. This article highlights the
Report’s key recommendations.

Net effect of the Report’s recommendations

The Report includes 43 recommendations for law reform. It is intended that the overall effect of the recommendations will be:

  • improved responses to elder abuse in residential aged care;
  • enhanced employment screening of care workers;
  • 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.

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