A booklet that provides practical steps to reduce elder abuse was launched recently by the Commissioner for Senior Victorians, Gerard Mansour.
More than 50 people attended the launch of Concerned About an Older Person in
late November at the Colac Bowling Club.
The bookletwill
be distributed to people who call the Seniors Rights Victoria helpline. ‘Half
the people who call the helpline are concerned about someone they know,’ said
Seniors Rights Victoria Manager Jenny Blakey.
‘A quarter of callers are service providers, and the rest are
experiencing elder abuse from a family member or some other person who is close
to them.
The booklet includes information on:
what is elder
abuse
signs that someone may be experiencing elder abuse
what you can do if someone you know is
experiencing elder abuse
preparing a plan to ensure the person is safe
answers to common questions, including if the
older person does not want to involve services or the police
what to do if the person is from a diverse
community including Aboriginal and Torres Strait Islanders, culturally and
linguistically diverse, LGBTIQA+ or from a rural area.
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.
‘Children and adults who have experienced family violence require a specialist forum to deal with family law
matters involving family violence and this forum is the Family Court of
Australia,’ Ms Edwards said.
A bill to merge the two courts was introduced into federal
Parliament in early December.
More than 70 per cent of clients who received legal and
advocacy services from Seniors Rights Victoria in the 2019-19 were women. While
any older person can experience elder abuse, a person’s gender or sexual
identity and related sexism, racism, homophobia and transphobia may exacerbate
their experience of violence.
The most prevalent issue was financial abuse, which was
raised by 41 per cent of the 3572 callers to the Seniors Rights Victoria
helpline – 1300 368 821.
Find out more information about the activities of Seniors Rights Victoria during the 2018-19 financial year in the COTA Victoria Review |2018 – 2019. Seniors Rights Victoria is a program of the Council on the Ageing Victoria.
This week is Human Rights Week. It is an important reminder that each us has a part to play in ensuring the principles of freedom, respect, equality and dignity are alive in our communities, workplaces and among friends and families.
Tuesday, 10 December, was International Human Rights Day. This marks the signing of the Universal Declaration of Human Rights by the United Nations General Assembly in 1948.
At Seniors Rights Victoria, we work from an empowerment or human rights model, whereby we seek to support and empower the older person to maintain their right to self-determination. Our service is older person focused and our aim is to support the older person by providing them with information, advice and support. We try and avoid overly paternalistic approaches which seek to promote a ‘best interest’ view without regard to the wishes and preferences of the older person.
A ‘best interests’ approach can sometimes permeate family discussions as parents age and family member, often out of concern, take a more protective approach to decision making. Sometimes this can lead to an eroding of the older person’s right to self-determination and ultimately their exclusion from the decision-making process.
To avoid eroding a person’s right to make their own decisions or at least be involved in the decision making process it is important for the older person to have frank and open discussions with their family about their preferences and to also think carefully about who they appoint as a substitute decision maker.
The older person should ask themselves: is this person aware of my values, wills and preferences? Can I trust this person to make the decision I would otherwise make for myself? Will this person involve me in the decision-making process? Does this person understand the role and the authority I have donated to them?
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.
ROSE is based in
ECLC’s Boronia office with travel to other ECLC and partner offices, and
outreach to clients with mobility and other challenges subject to a risk
assessment.
Seniors living,
working or studying in the Eastern Metropolitan Region can contact ROSE
directly. Workers can also contact ROSE for secondary consultations and to
discuss and/or request a referral form. For ROSE, please call 0429 697 960 or
email ROSE@eclc.org.au.
ELSA (Engaging &
Living Safely & Autonomously) provides a holistic service for seniors who
are Eastern Health patients and at risk of or experiencing abuse (physical,
psychological/emotional, financial, sexual or neglect) from a person in a
position of trust.
Based on preliminary
research, hospital staff are well-placed to identify elder abuse at the
earliest stages as older people are more likely to disclose to health staff
than others. A Community Lawyer and Financial Counsellor, in collaboration with
hospital staff, provide an early intervention, integrated legal and financial
information and support services in the health setting and provide referrals
for post-discharge support.
The team is based at
Eastern Health sites, commencing in at Peter James Centre, Burwood.
Patients can contact
ELSA directly. Eastern Health workers can also contact ELSA for secondary
consultations and to discuss and/or request a referral form. ELSA can be
contacted on 0429 697 960 or at ELSA@eclc.org.au.
The OPERA Project (Older People Equity & Respect) will be launching its consultation report findings and digital interventions on Friday 13 December at Hoyts Cinemas in Eastland Shopping Centre, Ringwood. The OPERA Project explores the experiences of ageism for older people living in Melbourne’s east, using co-design digital storytelling to highlight and challenge negative attitudes that can lead to ageist behaviour. Bookings are essential, book here.
Greater awareness and better access to services are the aims of a new website launched last month to tackle elder abuse.
Compass was funded by the Australian Government Attorney-General’s Department and developed by Elder Abuse Action Australia (EAAA).
‘The conversation about the abuse of older people needs to be treated as a priority,’ said Diedre Timms and Russell Westacott, the Co-Chairs of EAAA.
The site was a priority of the National Plan to respond to the Abuse of Older Australians 2019-2023, which was launched by Attorney-General Christian Porter in March 2019.
The EAAA Co-Chairs said that more content and resources would progressively be added to the site.
Jenny Blakey, Manager, Seniors Rights Victoria, is a board director of EAAA.
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.
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.
The assessment is conducted on the ward, whilst Antonia is
still unwell. An Italian interpreter is present but struggles to understand
Antonia’s dialect. The geriatrician uses a set of standard tests which do not
really take into account Antonia’s cultural or educational background. The
geriatrician assesses Antonia as having impaired capacity and the treating team
are concerned about discharging her given that she lives alone.
As a result, the treating team applies to the Guardianship
and Administration list of the Victorian Civil and Administrative Tribunal
(VCAT). They seek the appointment of a guardian who can make decisions for
Antonia about accommodation and access to services.
The geriatrician uses a set of standard tests which do not really take into account Antonia’s cultural or educational background.
Antonia contacts Seniors Rights Victoria for assistance. By
this time, she is feeling much better and a further specialist assessment is
arranged for her. The assessment is conducted at Antonia’s home while she is
wearing her hearing aids. An Italian interpreter who speaks her dialect is
present and the geriatrician is provided with a full history of Antonia’s
cultural and educational background. Antonia is assessed as having capacity to
make reasonable decisions about financial and personal matters.
When the matter returned to VCAT, the lawyer from Seniors
Rights argues that Antonia was initially
assessed when she was unwell, the interpreter could not understand her well and
there were lots of distractions in the hospital. We said that because of these
factors and other factors she was not able to fully participate in the
assessment
The Tribunal Member found that Antonia could make reasonable
decisions and did not appoint a guardian. Antonia is now living happily and
independently at home where she receives help with tasks such as cleaning and
shopping.
Mary is in her mid-seventies and lives on her own. She has
three adult children. Several years ago, Mary appointed her son Michael as her
enduring power of attorney. Mary trusts Michael and appointed him to make
financial and personal decisions for her.
Mary has a fall and is taken to hospital. While Mary is in
hospital, Michael starts talking to the treating team about moving her into
permanent care. As Michael has not discussed this with her, she is shocked when
she hears about Michael’s plan. He tells her that the power of attorney allows
him to make decisions, including where she will live, on her behalf.
Mary is shocked when she learns that Michael is talking to her treatment team about moving her into permanent care.
Mary contacts Seniors Rights Victoria and a lawyer and a
non-legal advocate visits Mary. The non-legal advocate talks to Mary about
getting an assessment of her home to determine what supports she may need live
independently. The lawyer tells Mary that Michael, as her attorney, must
involve Mary in the decision-making process and to consider to her wishes. The
lawyer tells Mary that she can revoke the power of attorney if she wishes.
Seniors Rights Victoria write to Michael, educating him on his responsibilities as an attorney and encouraging him to involve Mary in the decision-making process. Seniors Rights works with the transitional care team at the hospital to support Mary in her desire to return home to independent living.
Council on the Ageing (COTA) Victoria is seeking a suitably skilled individual to work in a leading not-for-profit organisation representing the interests and rights of older people as their Treasurer.
About the Organisation
COTA Victoria is the leading not-for-profit organisation representing the interests and rights of people aged over 50 in Victoria. For nearly 70 years in Victoria, we have led government, corporate and community thinking about the positive aspects of ageing.
COTA
Victoria’s strategic and operational focus is on promoting older age as a time
of opportunities for personal growth, contribution and self-expression. We
believe there are obvious National, State, community, family and individual
benefits from this approach.
COTA Victoria has an experienced Board; highly qualified, permanent staff located in a central Melbourne office location; and a broad State membership and volunteer base.
About the Role
This is an
outstanding opportunity to work with a committed Board to build your pro-bono
board experience as well as making a significant impact on the lives of older
people.
Our organisation is
governed by a progressive Board of Directors with a wide variety of skills and
experiences which now seeks to add an enthusiastic Volunteer Board Director to
fill the Treasurer role with CPA qualifications and experience in Finance and
Accounting.
Previous or current Board experience would be highly regarded. Applicants must be residents within Victoria.
Key Duties:
Carrying out the responsibilities of a member of
the Board of Directors;
Understanding the organisation’s finances;
Liaising with the CEO on financial matters;
Ensuring the Board receives regular financial
management reports and acts as financial interpreter for Board members;
Liaising, on behalf of the Board, with funding
authorities, auditors and other external parties on financial matters where
Board representation is deemed to be necessary;
In liaison with the CEO, overseeing the auditing
annual financial records and to fulfil obligations in relation to the audited
accounts; and
Providing informal support to the organisation in
terms of development of financial and business policies, plans and practices.
We’re
looking for someone with:
CPA qualifications with a current practising certificate issued by either CPA Australia,
the Institute of Chartered Accountants in Australia or Institute of Public Accountants.
Sound finance technical knowledge.
An understanding of charities with experience in
corporate governance in the context of a not for profit organisation ideally
within the community sector.
The capacity to attend bi-monthly Board Meetings
and willingness to service on two Board Committees (Executive and Audit &
Risk) and participate actively in its work.
Contributing with passionate Directors and staff to
support the organisations vision and objectives.
Has an interest in ageing and protecting the rights
of older people as they age.
How to
Apply:
This is an unpaid position.
Please send a covering letter demonstrating what value/s you believe you will bring to this position including a copy of your current curriculum vitae to ceo@cotavic.org.au.
