ELDER ABUSE

Elder abuse is any action, or lack of action, deliberate or unintentional, which causes distress, harm, or serious risk of harm to an older person, or loss or damage to property or assets.

Some instances of elder abuse can constitute a criminal offence, such as assault. Other types of elder abuse may have different legal remedies, such as a civil claim or an intervention order being issued, for example.

What is an act of elder abuse?

Elder abuse can occur as a result of the direct actions or omissions of a person perpetrating the abuse. An act of abuse includes a failure to act, such as failing to provide a person with adequate accommodation, medical care or clothing.

Elder abuse can also occur as a result of indirect actions of a person, for example when they make threats to harm someone the victim is close to and this causes the victim distress.

Similarly, a person commits an act of abuse if they:

  • cause someone else to abuse the victim
  • allow someone else to abuse the victim
  • cause or allow someone to participate in an act of abuse

Types of elder abuse

Elder abuse can take many different forms and a person may experience more than one type of abuse. It is generally accepted that the types of elder abuse (and some examples of what constitutes that abuse) are:

Physical

Such as inflicting pain or injury on a person.

Psychological

Such as using actions or language to intimidate person or cause them fear or distress, depriving them of their liberty, threatening to institutionalise them or cause them physical injury, using racial or derogatory taunts.

Financial

Such as misusing the person’s money, assets, property or resources, improper use of planning documents such as Powers of Attorney, unlawful access and use of a person’s bank account, incurring debts in the person’s name without their knowledge, coercing a person to sign legal or financial documents, preventing a person from seeking or keeping employment.

Social

Such as isolating the person, unreasonable denial of their social, financial or domestic autonomy, unreasonably restricting access to friends or family, stopping social contact with others.

Neglect

Such as failing to provide adequate food, shelter, accommodation, clothing, and medical care to a person, refusing to allow others to provide this care to a person.

Sexual

Such as non-consensual sexual contact, behavior or language.

Where to seek assistance

The Adult Safeguarding Unit within the Office for Ageing Well commenced operation on 1 October 2019. It can receive and respond to reports of elder abuse within South Australia.

There are further agencies that may be able to provide assistance depending on the circumstances of the abuse:

SA Police

Police may be able to take reports and lay criminal chargers where the abuse relates to criminal offending, such as physical or sexual assault, theft or property damage. They can also, where appropriate, issue intervention orders.

Elder Abuse Prevention Phone Line

The Elder Abuse Prevention Phone Line can be contacted for confidential advice, information and referral to support agencies.

Aged Rights Advocacy Service

ARAS provides support to uphold the rights of older people who are at risk of, or experiencing, abuse. ARAS can provide information, advice and advocacy to people residing in Commonwealth-funded residential aged care or receiving aged care services, people residing in retirement villages, or people residing in the community who have concerns relating to elder abuse.

Office of the Public Advocate

The Office of the Public Advocate promotes and protects the rights of people who may need assistance with decision making. OPA provides information and advice on matters relating to Advance Care Directives and Guardianship and can act as guardians of last resort.

Legal Services Commission

The Legal Services Commission provides free and confidential legal advice on matters relating to elder abue and documents such as Powers of Attorney, Advance Care Directives and Wills.

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