Intervening in Elder Abuse: The Overlooked Role of Intervention Orders to Address Elder Abuse

Abstract

The significant incidence of the abuse of older persons in Australia and the acute problems posed by the apparent inability of the civil and criminal law to effectively respond has been the subject of extensive concern and commentary, including in South Australia. Five elder abuse subtypes are commonly recognised: • financial; • physical; • sexual; • psychological (emotional); and • neglect. Elder abuse is typically carried out by a close family member, often an adult child, and can have a ‘devastating effect’ on older persons. The fact that such abuse may also amount to domestic or family violence has also been highlighted. The suggestion of intervention orders (“IOs”) to address such abuse, though largely overlooked, has been raised. It is argued that the option of an IO under the Intervention Orders (Prevention of Abuse) Act 2009 (SA)(“the IO Act”), though not a universal remedy, may be of utility to address elder abuse and is worthy of closer consideration by lawyers, police and relevant agencies.