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Structure of Report

Chapter Two details the research methodology for the present study. The chapter commences by providing the operational definition of ‘older people’ which formed the basis of the research. The chapter then details how the the literature review and interviews with stakeholders, service providers and academics were conducted. It also details how the perspectives of older people were obtained via focus group discussions and via individual submissions and communications to the Foundation.

Chapter Three looks at difficulties encountered by older people in accessing legal assistance, including legal information, legal advice and legal representation. The chapter considers the effect of attitudinal and cohort factors in presenting barriers to engaging with the legal system, as well as aspects of legal service delivery which present access difficulties for older people.

Chapters Four to Ten look at specific areas of law which significantly impact on older people, and the services and processes available to older people to resolve these issues.

Chapter Four looks at the diverse accommodation-related legal issues confronted by older people. Issues related to nursing home accommodation, residential aged-care facilities, retirement villages, strata title issues, tenancy issues (both private and public housing), issues associated with home ownership, boarding house accommodation and accommodation in residential parks are considered.

Chapter Five looks at the health-related legal issues for older people. Issues considered include the development of advance health care directives to provide instructions as to the older person’s desired level and type of health care, access to health services, and misuse and mis-prescription of medication.

Chapter Six looks at the significant consumer and financial issues which confront older people, and their related legal problems. Issues considered include social security and veterans’ pension entitlement, superannuation, banking, credit and debt issues, consumer related issues, and financial abuse of older people.

Chapter Seven looks at the incidence of age-related discrimination for older people and the impediments in accessing anti-discrimination resolution processes.

Chapter Eight looks at issues pertaining to the abuse of older people, whether by their spouse, by another family member, by their carer or by an institution. Consideration is given to the different types of abuse, including physical abuse, financial abuse, psychological abuse, sexual assault and abuse, and neglect.

Chapter Nine looks at the legal issues which arise when an older person has to consider arrangements for substitute decision-making and certain end of life related issues. These include arrangements for powers of attorney, incapacity and guardianship issues, nominee arrangements and wills.

Chapter Ten considers the grandparenting-related legal issues, including being denied contact with grandchildren, and being in the role of full-time carer of grandchildren by direction of either the Family Court or the Children’s Court.

As a conclusion, Chapter Eleven provides an overview of the barriers and difficulties confronted by older people in accessing legal assistance, participating effectively in the legal system, and accessing various alternative forms of dispute resolution and non-legal advocacy.

In terms of the legal issues which confront older people, it was decided not to include a separate chapter covering general issues of crime and crime victimisation. It was noted that the existing literature indicates that older people have a high fear of crime.²⁹ This was supported by the comments made in several consultations undertaken and submissions received as part of this study, which also indicated a perception by older people of high vulnerability to violent crime. However, the actual incidence of crime against older people is significantly lower than for younger people. According to the Australian Institute of Criminology:

The broad pattern of victimisation for predatory crime (homicide, assault, robbery, burglary) in Australia is consistent with findings throughout Western countries, that is older people are far less likely to be victims of crime than other age groups in all types of recorded criminal incidents. The results from crime surveys indicate a similar pattern.³⁰

Graycar and James observe that while research indicates that older people are not particularly at risk of what may be described as ‘conventional crimes’ (such as burglary, robbery and assault), the literature on the abuse of older people in residential care institutions, in private homes, and through their contacts with government, administrative or financial structures (in particular guardianship and administration systems) suggests that crime victimisation of older people occurs in other ways.³¹ As detailed above, the present report covers these issues associated with abuse of older people.

This report aims to record as fully as possible the substance of the responses received through the various consultations and submissions, and of the relevant literature which has been examined. In this respect, the report reflects the results of methodology which is largely qualitative in nature.

At the time of writing this report, the Law and Justice Foundation of NSW was undertaking a major quantitative legal needs study in six local government areas across NSW (South Sydney, Fairfield, Campbelltown, Newcastle, Nambucca and Walgett). A total of 2,431 participants were interviewed by telephone as part of this survey. At the time of writing this report the data analysis of the survey had not been conducted. However, across the six regions, a total of 332 people over the age of 65 participated in the survey. It is anticipated that analysis of the results for these older people will provide significant quantitative information regarding the access to justice and legal needs of older people in NSW. It is anticipated that a report detailing these results will be available in 2005.