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.
The Statement of Aged Care Rights sets out the rights of all people receiving Government subsidised aged care services. The Statement is a requirement of the Aged Care Act 2024
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.
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
Recognising Elder Abuse and Risk Factors
Abuse can happen to anyone. However, some older people are at a higher risk of abuse depending on their health, family situation and social factors.
Not all older people with risk factors will experience abuse. However, risks that are known to contribute to the abuse of older people can include:
- Having poor physical or mental health
- Living with disability
- Lower socioeconomic status
- Stress or conflict in the care or family relationship
- Social isolation
- Geographical isolation
- Gender, gender identification and sexual orientation
- Dependence on the older person by people or relatives living with mental illness, or who have substance abuse or money issues
- Past experiences, including a history of family violence and conflict
Recognising the signs of elder abuse can be difficult. Sometimes they are subtle and can be mistaken for illness or ‘ageing’. Noticing a sign does not always mean someone is experiencing abuse.
Signs can include:
- Increased worrying, resignation, depression, shame or anxiety
- Changes to appetite, sleep or routines
- Reduced self-esteem
- Unexplained injuries or physical signs of restraint, such as bruises, abrasions, burns, breaks or swelling
- Deterioration in personal hygiene
- Being unable to afford basic essential items
- Unexplained bank withdrawals, account transfers or cash advances on credit cards
- Not having access to necessary aids like glasses, hearing aids, dentures or walking frame
- Stopping, or rarely attending or engaging in usual social or cultural activities, without an explanation.
Responding to Elder Abuse
If you suspect an older person is experiencing abuse it is important to take action to safeguard their safety and wellbeing.
In an emergency where there is immediate risk, contact Police on 000.
It is important to speak with your manager and follow your organisation’s policies and procedures.
The Tasmanian Elder Abuse Helpline is a statewide service funded by the Tasmanian Government 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.
Reporting Abuse
The Aged Care Act 2024 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.
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 the older people they are supporting.
Duty of Care refers not only to the actions of a worker but also to advice a worker gives, or fails to give.
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.
This 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.
You 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.
To ask questions or for more information call the Helpline on 1800 441 169.
