Commissioner for Older People needed in Tasmania, Law Reform Institute report reveals

Tasmania has no comprehensive legal framework to protect elderly abuse victims, prompting calls for a dedicated commissioner to safeguard vulnerable seniors.

Tasmania should create a Commissioner for Older People says a Tasmania Law Reform Institute report.

Tasmania should create a Commissioner for Older People to lead efforts to safeguard older people at risk of abuse, according to a top Tasmanian legal body.

A new report from the Tasmania Law Reform Institute examining existing legal protections for older people experiencing abuse – and potential safeguards to prevent this – was released on Tuesday.

The report found there was currently no “systematic or comprehensive legal framework” that safeguards against the abuse of older people in the state, prompting calls for a Commissioner of Older People.

Tasmania Law Research Institute authors Nina Hudson and Rebecca Bradfield. Picture: Bridget Clarke

Report co-author, TLRI Senior Research Fellow Nina Hudson, said the role would be modelled on the state’s Disability Commissioner.

“The commissioner would receive reports for concerns around the abuse of older people and then be empowered to receive those reports, investigate, and potentially refer to the existing services that are currently in place and also take action when required, for example by providing support,” she said.

Compiled over 18 months, the review was informed by more than 30 people working in the area of elder abuse, previous law reform reviews, and data from the Tasmanian Elder Abuse Helpline and specialised Tasmania Legal Aid service Senior Assist.

The review included 31 recommendations, 12 of which were related to reforming existing laws.

They included introducing a more specialised approach to restraining orders, additional criminal offences relating to the misuse of enduring powers of attorney, guardianship and administration powers, and the creation of specialist policing roles.

Fellow author, TLRI Principal Research Fellow Rebecca Bradfield, said the review aimed to identify and address gaps in the current Tasmanian system – including the long-standing culture of low reporting by older people.

“Low reporting rates exist either because of barriers to accessing the current legal responses or fears of the consequences, as well as not knowing potentially where to go to seek assistance,” she said.

“The review is designed to provide an approach that covers all circumstances in which older people experience abuse, whereas at the moment the laws cover only some areas.”

Data from a national study cited in the review shows 15 per cent of older Australians have experienced abuse.

Abuse of older people – the most common forms of which are psychological, emotional or financial – is most often perpetrated by family members, particularly adult children.

Dr Hudson said the proposed reforms were aimed at instilling “self-determination, autonomy and legal protection” for older people.

The report is available on the Tasmania Law Reform Institute website.