Additional comments by Australian Democrats
Aged Care Amendment
(Security and Protection) Bill 2007
The Australian Democrats welcome the committee’s inquiry
into the Aged Care Amendment (Security and Protection) Bill 2007. Given Australia’s
ageing population and the potential increases in the number of older people who
may be vulnerable to abuse, it is timely that we consider the adequacy of
responses to elder abuse.
The Democrats support efforts to
ensure the safety of vulnerable older people and to provide ongoing protection
from violence and abuse and consequently support the general tenor of the main
Committee report and its recommendations.
However it is disappointing that the
Government has failed to develop a consistent national policy framework to the prevention
and alleviation of elder abuse in all its forms and locations. This will
continue to be a major failing in effective responses to protecting senior
Australians.
While the issues in relation to
prevention, detection, intervention and response to elder abuse in community
settings are different to those in residential aged care facilities, they
warrant equal attention. Indeed given that the vast majority of perpetrators
of elder abuse have been identified as family members, often living with the
older person and doing so with Government support for them to remain at home,
there is a risk of violence, abuse, neglect and exploitation that goes
unnoticed because of lack of scrutiny. The Democrats favour a more
comprehensive response that would protect the aged, regardless of where their
care takes place.
Similarly the Government’s narrow
focus on physical and sexual abuse ignores the other types of abuse, such as
psychological, financial and neglect, which older people are equally vulnerable
to – whether in residential aged care, community care or even a hospital
setting. The Government has a responsibility to respond effectively to all
types of abuse and to implement strategies that will reduce the incidence of
all forms of abuse. Additionally staff members that raise concerns about
incidences of abuse should be afforded legal protection, regardless of the
nature of that abuse.
Recommendation
That the Government develop a comprehensive approach to
elder abuse which includes strategies to protect older people from all forms of
abuse in residential and community settings.
That the legislation be amended to
provide whistleblower protections to people who report, on reasonable grounds,
any form of abuse or neglect.
The Australian Democrats also have reservations
about the exclusive focus on mandatory reporting as the Government’s response
to what is a complex and multifaceted problem. In particular the Democrats
argue that prevention rather than post-abuse legal responses is a preferable
approach. Available overseas evidence indicates that mandatory reporting in
itself will not guarantee improved safety. A more effective strategy would
prioritise a strong education focus which informs older people of their rights
and supports the carers of older people. Mandatory reporting should form part
of a range of initiatives, rather than a solitary response. It is
disappointing that the Government has failed to provide substantial investment
in information and education on elder abuse, or to provide more resources for
adequate community support services, including respite care.
Recommendation
That the Government fund a
comprehensive education campaign for professionals, older people, their
families and carers and the broader community.
That more resources are provided
for community support and respite.
The Australian Democrats also share
the concerns raised in many of the submissions to the Inquiry that this
legislation undermines the autonomy and privacy of older individuals. In other
circumstances the law assumes that competent adults can make their own
decisions about whether or not to do anything about the abuse they experience.
This legislation explicitly denies older individuals with decision making
capacity this choice.
Interventions relating to abuse
should be victim focused, with the interests of the victim taking precedence
over those of the care provider or the Government. Individuals should be
provided with all necessary information and relevant options and then
encouraged and supported to make their own decisions, including the option to
refuse to have the matter reported. Denying individuals this right based on
their location of residence would seem to be a breach of their rights to
determine who receives personal information about them. There is also the
potential that such an approach will have negative consequences, including
discouraging older people from seeking assistance if they believe their
conversations will not be confidential.
Recommendation
That the legislation be amended to
recognise the right of any competent older person to request confidentiality
and privacy in relation to the reporting of abuse.
Given the lack of evidence concerning
the effectiveness of mandatory reporting and the considerable resource
implications for service providers, it would seem important to evaluate if this
approach is an effective response to elder abuse.
Recommendation
That an independent review of the
operation, effectiveness and implications of this legislation be made two years
after the commencement of the Act.
Senator Lyn
Allison
AD, Victoria
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