Rights of Older People
Every adult has a right to self-determination. The United Nation’s Principles for Older Persons include the rights for: Independence, Participation, Care, Self-fulfilment and Dignity.
Guiding Principles
The Guiding Principles that protect and respect older Tasmanians have been developed by the Council on the Ageing (COTA) Tasmania in partnership with the Tasmanian Government and in consultation with government and non-government agencies.
The Guiding Principles have been adapted from The United Nations Principles for Older Persons and the South Australian Charter of the Rights and Freedom of Older People. These principles will assist in the development of policy, and also in combatting ageist attitudes within our community.
These principles can assist in identifying and responding appropriately to elder abuse
Responding to Elder Abuse
The Tasmanian Elder Abuse Helpline is a statewide service funded by the Department of Premier and Cabinet and operated by Advocacy Tasmania. It’s the first point of call for anyone seeking confidential, free advice and referral for a situation or suspected situation of elder abuse.
Information can be provided on actions that older people can take to help prevent the occurrence of elder abuse.
The Helpline is a vital support for older people experiencing abuse and neglect, but it is not an independent reporting or investigation service. The Helpline’s actions are directed by the older person and what they need to regain dignity in their own life.
The Helpline can support others within the Tasmanian community with information about elder abuse, but the Helpline can only act according to the older person’s will and preferences. The Helpline respects the privacy and rights of all older Tasmanians.
The Helpline engages with a range of service providers working with older people to ensure an integrated delivery of services.
Advocacy Tasmania can provide additional information and education to workplaces and groups as required.
Assessment Guidelines and Principles of Intervention
QUESTION 1 of 3
Is it an emergency?
- No consent required
- Call Police, Ambulance, Hospital as appropriate – 000
- Liaise with Emergency Services
- Follow Agency/Service protocols
- Once safety is addressed and emergency resolved, consider client capacity and consent
Does the client have capacity?
- Is an Interpreter or Cultural Advisor required?
- Discuss situation and options with client
- Assess risk including existing supports
- Request client consent for further assistance
- Is Interpreter or Cultural Advisor required?
- Discuss situation and options with client
- Assess risk including existing supports
- Document (file note)
- Determine who can provide consent if a major decision (such as change in accommodation) is required
- Include client in decisions as much as possible
Does the client give consent?
- Document client’s consent
- Explore interventions and safety
- Implement interventions – make referrals, arrange assistance
- Advocate as required
- Document client’s non-consent
- Provide referral options and contacts
- Provide safety information/plan
- Consider whether Duty of Care is met
- Document client and/or decision maker’s consent
- Explore safety and interventions
- Implement interventions – make referrals, arrange assistance
- If no decision maker, or the decision maker is the abuser, consider Guardianship and Administration Board application
- Document client and/or decision maker’s non-consent
- Address emergency
- Consider Guardianship and Administration Board application
- Consider whether Duty of Care is met
The Principles of Intervention
- Client safety is paramount
- Self determination vs Duty of Care
- Culturally sensitive
- Client focused
- Holistic approach
- Consider all options, including legal/Police
- Confidentiality to be respected but not create a barrier to action
What is ‘Capacity’?
In this context, capacity refers to an adult’s ability to make decisions about the things that affect the person’s daily life.
Show moreThis includes the ability to understand an act, a decision or transaction and its consequences.
A person has capacity to make informed decisions if they understand the general nature and effect of a particular decision or actions and can weigh up the consequences of different options and communicate their decision.
The law says a person has capacity to make decisions unless proven otherwise.
Capacity is decision-specific so while somebody may not have capacity to understand and manage complex financial decisions, they can still make decisions about where they want to live or who they want to spend time with.
Stress, anxiety, medication, illness, infection, or injury can temporarily affect a person’s capacity, but once the temporary condition or stress subsides capacity often returns.
If it seems that an older person is unable to make a particular decision it may be necessary to arrange a formal cognitive assessment to determine their capacity.
When a person does not have capacity, a substitute decision maker will make decisions.
A person with capacity can plan for a later time when they may lose capacity by appointing someone to be their substitute decision-maker. This is called an Enduring Guardian or Enduring Power of Attorney (EPOA).
If there is no Enduring Guardian or EPOA in place it may be necessary to apply to the Tasmanian Civil and Administrative Tribunal (TASCAT). More information can be found on the TASCAT website.
Supported Decision-Making
Supported decision making is the process of providing support to people to make decisions to remain in control of their lives.
Show moreYou can support an older person to make their own decisions by:
- Choosing a time when they are less tired, such as earlier in the day to discuss.
- Choosing a place for discussion where they can relax, feel comfortable and safe.
- Take time to give them the information they need to make an informed decision. This may involve:
- Explaining things in plain English or in their own language through an interpreter.
- Presenting the options in a balanced way and simplifying the options, if needed.
- Explaining things multiple times to assist with understanding.
- Asking them what they want and not telling them what to do.
- Listening to them and respecting their choices, even if you don’t agree.
More information about supported decision-making can be found on the Older Persons Advocacy Network website.
What is ‘Duty of Care’?
Duty of Care involves the obligation to take reasonable care to avoid injury to a person for who it can be reasonably foreseen might be injured by an act or omission.
Show moreHealth and Aged Care workers have a Duty of Care to older people they are assisting. Under the Wrongs Act 1954 a worker may face legal proceedings if found to have committed a wrongful act that has led to a person suffering damage as a consequence of the act.
Duty of Care refers not only to the actions of a worker but also to advice a worker gives, or fails to give.
Reporting Abuse
The Commonwealth Aged Care Act 1997 provides the law covering Australian Government subsidised aged care.
The Serious Incident Response Scheme (SIRS) aims to reduce abuse and neglect among people receiving aged care. It sets requirements for providers of aged care services to manage and take reasonable action to prevent incidents. It applies to both residential aged care and home services.
The Aged Care Quality and Safety Commission (ACQSC) operates the SIRS.
All aged care providers must use the My Aged Care provider portal to tell the ACQSC if a reportable incident occurs or is suspected.
Reportable incidents are:
- unreasonable use of force
- unlawful sexual contact or inappropriate sexual conduct
- neglect
- psychological or emotional abuse
- unexpected death
- stealing or financial coercion by a staff member
- inappropriate use of restrictive practices
- unexplained absence from care (missing consumers).
Aged care providers must determine if an incident is a Priority 1 or 2 incident, and then report according to the correct timeframe. Any person, including aged care workers, can report directly to the ACQSC.
More information about the SIRS and reporting obligations can be found on the ACQSC website.
Recognising Elder Abuse and Risk Factors
Abuse can happen to anyone. There are however a number of known factors that may increase a person’s vulnerability, including isolation from family and friends, cognitive decline, need for care, a history of trauma, a history of family conflict, and language and cultural barriers.
There are some behavioural and physical indications that may be associated with elder abuse – an older person who is being abused may be depressed, worried or anxious without obvious reason, or may be irritable or very emotional with the appearance of being helpless, hopeless or sad, particularly when around a particular person or people. Victims of elder abuse may be reluctant to talk openly, and may feel and exhibit shame, and may become socially isolated and avoid contact, including eye, verbal and physical contacts. An older person who is being abused may present with injuries including bruises, fractures, cuts and internal or external injuries which have not been treated. There may be unexplained weight loss, including signs of malnutrition. Unexplained deterioration of personal hygiene can also be indicative of abuse, as can unexplained sexually transmitted disease and incontinence. Large bank withdrawals, sudden decision to sell property, changes to wills and documents such as Power of Attorney and Guardianship arrangements, unexplained disappearance of personal effects and belongings are also possible signs of abuse.
More resouces can be found here.
To ask questions or for more information call the Helpline on 1800 441 169.
