Page 2014 - Week 07 - Thursday, 13 August 2020
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This is another important part of the ACT government’s commitment to making Canberra an age-friendly city and an inclusive city. It will be the first time in Australia that elder abuse and the abuse of a vulnerable adult is specifically recognised as a criminal offense.
This legislation has arisen from substantial community consultation, well over 12 months of community consultation, before the drafting of this bill. It arose out of the work that led to the age-friendly city vision and then the age-friendly city plan that was led by the Ministerial Advisory Council on the Ageing, the broader consultations that led to the development of those important pieces of documentation. This commitment to the age-friendly city plan is an important part of this legislation.
I also thank and acknowledge the many people who have spoken in relation to this bill since its introduction and prior to its introduction as well. I thank and acknowledge Kay Patterson, the national Age Discrimination Commissioner, who as recently as earlier this week spoke in support of the importance of this bill and the leading role that the ACT is taking in relation to reducing the impact of elder abuse. I thank Legal Aid and the OPAL Service for the work that they provide in education and support and the services that are there. I thank COTA and National Seniors, who fed into this legislation originally. COTA was with me earlier today in support of this.
I place on record my appreciation to the Disability Reference Group, who have been extremely helpful and extremely strong, as well as Women with Disabilities ACT and to people who have worked across the community as well, not only in Canberra but also across Australia and indeed people who have been in contact with the ACT government and been in contact with me personally from different parts of the world in support of this important piece of legislation.
We know that older people and people with a disability experience abuse at higher rates than other adults and that this abuse is most likely to be perpetrated by someone that they know. Sadly, too often that occurs within institutional care settings. We all agree in this place that this is not acceptable. Our laws must adapt to recognise modern understandings of vulnerability and to ensure that every person can realise their right to live free from abuse, violence and exploitation. People who are vulnerable because of their individual circumstances often rely on others for care—and they do so in a variety of ways—and that can make them susceptible to abuse and neglect. It is unacceptable that institutions or individuals who are in positions of authority have failed to provide the necessities of life, leading to the appalling outcomes that we have seen too often for vulnerable adults. This bill holds those institutions liable at a corporate criminal responsibility level.
To quote the late Sue Salthouse OAM, the ACT Senior Australian of the Year and advocate for people with disabilities, with whom I was honoured to work on this bill, “This bill is a game changer. This is especially the case for women with a disability who are subjected to deliberate forms of abuse.” I am proud to be part of the government taking meaningful action to change the way in which the criminal law is able to understand and to respond to our most vulnerable people and to hold accountable those who exploit them.
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