Tasmania should consider creating a Commissioner for Older People among several changes to the legal framework around the abuse of older Tasmanians, a new research paper from the Tasmania Law Reform Institute recommends.
A Commissioner would be part of a new overarching body with powers to receive reports, make enquiries, conduct investigations and coordinate responses among existing services.
The Commissioner’s role could be modelled on the state’s Disability Commissioner and should be created in consultation with relevant stakeholders from the sector, the Institute said.
In its research paper, Safeguarding Against the Abuse of Older Tasmanians, the Institute analysed existing Tasmanian and Commonwealth laws and services, finding they do not currently provide a systematic or comprehensive legal framework that safeguards against the abuse of older people.
“A review of these laws indicates that the current legal landscape offers protections for some forms of abuse for some older people in somecircumstances,” lead author Dr Nina Hudson said.
“However, they do not cover all forms of abuse that are experienced by older people, nor do they provide a response that is tailored to the nature of such abuse and older people’s rights and interests.
“Consequently, it is likely that there are older Tasmanians who are falling through the cracks.”
A range of government and non-government agencies do provide specialised support, the paper said, but better co-ordination of them was needed.
“Combined, the effect is that some older Tasmanians who are at risk of, or are experiencing, abuse will not have the opportunity for their rights or interests to be protected when their circumstances sit within these gaps in existing legal responses, and related service delivery responses,” Dr Hudson said.
The new central agency should be supported by dedicated legislation reflecting the autonomy, self-determination and rights of older people, the paper said.
The Institute made a total of 31 recommendations. Twelve related to reforms to existing laws, including a more specialised approach to restraining orders, additional criminal offences relating to the misuse of enduring powers of attorney and guardianship and administration powers, and the creation of specialist policing roles.
Specialist training to equip older Tasmanians, members of the community, businesses and services (including Tasmania Police) with the capacity to recognise and respond to the abuse of older people was also among the recommendations.
The project was funded by the Joy and Don McBurnie Postgraduate Research Fellowship.
