Category Archives: Legal

Picture of a gavel on top of a Family Law book

Seniors Rights Victoria voices opposition to court merger

Seniors Rights Victoria has joined a coalition of more than 60 legal organisations opposing a proposal to merge the specialist Family Court of Australia with the Federal Circuit Court of Australia.

A letter to the federal Attorney-General, Christian Porter, co-signed by Seniors Rights Victoria’s Principal Lawyer, Rebecca Edwards, said that greater not less specialisation in family law and family violence was needed.

A report by the Australian Law Reform Commission Report, released in April 2019, said that increasingly family law cases involve allegations of violence, child abuse and other risk factors.  read more

Rose and Elsa logos

Legal centre starts new response services

The Eastern Community Centre (ECLC) recently commenced two new elder abuse response services, ROSE (Rights of Seniors in the East) and ELSA (Engaging & Living Safely & Autonomously). The services are part of the Commonwealth Attorney-General Department’s National Elder Abuse Service Trials (2019-22) and add to ECLC existing elder abuse work, particularly in primary prevention.

ROSE (Rights of Seniors) provides an integrated, multi-disciplinary service for seniors at risk of or experiencing abuse (physical, psychological/emotional, financial, sexual or neglect) from a person in a position of trust. The ROSE Community Lawyer, Advocate and Financial Counsellor work together to provide advice, ongoing case management support and referrals based on the client’s wishes and needs. read more

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Attorneys-General commit to powers-of-attorney register

The Council of Attorneys-General has committed to establish a national online register of enduring powers of attorney (POA).

The Council, which is composed of all state and territory Attorneys-General and the federal Attorney-General, said in late November the register would be part of a staged approach to enduring power of attorney reform for financial decisions.

With a register, third parties, such as banks and financial institutions, can quickly and easily verify that a POA is current and valid. This is a significant step in preventing a POA being used as an instrument of financial abuse.

The register is one step towards greater harmonisation of POAs across Australia. This would include a single, uniform form across all Australian jurisdictions. The single form would facilitate increased familiarity and understanding among all parties (particularly third parties) of the nature and scope of POAs, allowing them to more easily identify who can do what, and when. read more

Picture of a sign outside a hospital

Cultural factors must be considered when assessing capacity

Antonia is in her mid-eighties. She migrated to Australia from Italy in the 1960s. Antonia’s first language is Italian, and she speaks only limited English. She received the equivalent of a grade three education. Antonia’s communication is hampered by a hearing impairment. After Antonia contracts the flu, her doctor places her in hospital.

The treating team speak with Antonia without an interpreter present and when Antonia does not have her hearing aids in. Consequently, she feels unsure about what is happening. The treating team interpret Antonia’s uncertainty as a lack of understanding and arrange for Antonia to be assessed by the geriatrician. read more

Seniors Rights Victoria brings clients’ voices to the aged care and mental health Royal Commissions

Seniors Rights Victoria is drawing on the experiences of clients to make recommendations to current Royal Commissions into aged care quality and safety and Victoria’s mental health system.