It is our duty to protect the vulnerable

Christine Smyth
Law Talk
Published in
4 min readJun 14, 2017

Imagine feeling isolated, alone, taken advantage of and perhaps as if you were a burden to your family.

Unfortunately this is what many elder Australians feel each and every day, in a time of their lives when they should be enjoying the fruits of their labour over the years.

Our elderly should not suffer from abuse in any form. Elder abuse is real. And it can happen to anyone across all walks of life.

Our elderly deserve better. In a society beset with violence, we must protect the vulnerable. It is our duty.

Financial elder abuse. Emotional elder abuse. Physical elder abuse. Sexual elder abuse. Neglect.

Do those who raised us deserve this?

Financial elder abuse can take many guises. It can be the smallest of actions such as an adult child taking petrol money for driving mum or dad around. It could be an adult child skimming off their parent’s pension. Or it could be an adult child feeling they are entitled to an inheritance and therefore can take some money now.

But this is not acceptable behaviour. It is taking advantage of those who once cared for you.

Did you know that 60 per cent of financial elder abuse is perpetrated by adult children? Financial elder abuse is recognised as domestic violence in the Not Now, Not Ever Report that the Queensland Law Society were heavily involved in, however, it is not broadly understood in the community.

In 2013–14 UnitingCare Community reported that 139 of its elderly lost in the region of $56.7 million through elder financial abuse. And this is only what is reported.

Unfortunately, there is no concrete reporting on any type of elder abuse in Queensland and so I fear that this number could be much higher.

Oftentimes our elderly fall between the cracks as our society focuses so much on domestic and family violence between partners. Yes this is also a key issue and a scourge on our society, but it often leaves our elderly with no label for the abuse they experience. It leaves them feeling that what they experience is not abuse or something that is personal and should not be spoken about.

Our profession can be leaders in this space. We can start the conversation and bring this scourge into the light.

At the Society, we are commencing this dialogue by working with our medical profession to trial an elder abuse awareness campaign.

We have just launched this trial which will see GP clinics provided with collateral and fact sheets that will assist them in identifying the signs of elder abuse. Small business cards will also be handed out to patients identified as potential sufferers of abuse.

Through this campaign, we hope to raise awareness of elder abuse and give a language to those suffering or witnessing these acts; increase reporting figures; and encourage the Government to fund assistance programs for elder abuse sufferers.

Queensland Law Society has unrelentingly and uncompromisingly advocated in the area of domestic and family violence to ensure not just justice but protection for victims as well as assistance and consequences for perpetrators.

It is important to realise that many of the charges in our domestic and family violence legislation, cross over for perpetrators of elder abuse also. Therefore, we don’t call for new legislation on elder abuse, but merely for those suffering to come forward.

All of us — regardless of our positions in work, at home or in our communities, are leaders. We each have a leadership role to play in continuing this important dialogue about elder abuse. We each have a part to play in bringing this scourge to the surface.

We need more than dialogue. We need action, because action changes things. Let’s join together this World Elder Abuse Awareness Day to protect those who once protected us.

The United Nations’ World Elder Abuse Awareness Day is held each year on June 15.

If you think that someone you know may be a victim of elder abuse, please encourage them to speak to their GP or the Queensland Police Service (phone 000) if they are in immediate danger.

If you think you may be the subject of elder abuse, please call the Queensland Police Service if you are in physical danger, or contact the Elder Abuse Prevention Unit Helpline on 1300 651 192 (Queensland). If you require the assistance of a solicitor, please contact Queensland Law Society on 1300 367 757 to make use of our Find a Solicitor service. This service is also available at qls.com.au.

You can visit our website qls.com.au for more resources and links to information.

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Christine Smyth
Law Talk

Consultant, Robbins Watson; Former President, Queensland Law Society; Accredited Specialist (Succession Law) — Qld