Page 2012 - Week 07 - Thursday, 13 August 2020
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review, and public submissions should be invited. This should include individuals affected and protected, organisations and corporations providing care, carers themselves, and the NGOs who represent or work with vulnerable adults. A full feedback mechanism should be considered to demonstrate what information was provided to government and what efforts are being made to address any concerns that are raised.
With respect to the specific offences, I am pleased to see that section 36A covers abuse that causes harm or significant harm to a vulnerable person and includes whether someone responsible for providing care has received a financial benefit from the abuse. It is important that all forms of abuse are included.
We know that by far the greatest form of abuse against our elderly is financial abuse; and, sadly, often that is perpetrated by family members. The problem with this is that very often the person being abused financially has no interest whatsoever in—actively does not want—a criminal justice response. All they want is the issue resolved. That is why I was very pleased to see that the Human Rights Commission was given the power to investigate and conciliate in such matters, offering an alternative civil remedy. I am told that since May referrals have steadily increased and abuse against vulnerable adult matters have been appropriately addressed by the Health Discrimination Commissioner. This alternative pathway to resolution is vitally important and sits alongside this legislation.
I am pleased to see that the new offences of holding institutions responsible for the abuse or neglect of vulnerable people in their care, including failing to protect a person and providing the necessities of life, are included in this legislation at sections 36B and 36C. This holds decision-makers and those in authority in institutions and residential care facilities to account in matters of abuse and neglect of vulnerable adults, just as has been done through improvements informed by the Royal Commission into Institutional Responses to Child Sexual Abuse.
Particularly at this time of COVID-19, when people in residential care facilities, including aged-care homes, are facing increased isolation, it is important that this legislation is passed. Residential care facilities will have to ensure that they have adequate plans in place in the event of increased infections. And they now have legislative obligations over and above those under the Aged Care Quality and Safety Commission or the NDIA Quality and Safeguards Commission to ensure appropriate and safe care, with the knowledge that failure to meet them may, in the last resort, result in imprisonment.
I support the amendment that means that the vulnerability of the victim needs to be taken into account when sentencing, particularly if the offender knew and was aware that their victim was vulnerable.
I am aware that the scrutiny committee raised concerns about specifying the age as 60. However, I recognise that stipulating this age sends a clear message that the elderly in our community are afforded these protections. I note that, should offending occur to someone who is under 60 or does not have a disability or vulnerability, existing provisions for offences will capture them.
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