Elder abuse and Queensland Legislation.

• Jurisdiction: Australia
• Author: Jackson, Les
• Date: 01 January 2003

The Elder Abuse Prevention Unit (EAPU) in Queensland is funded by the Department of Families and auspiced by Lifeline Brisbane. The unit maintains a statewide response to elder abuse by undertaking education, training and awareness raising activities. It also operates a business hours Helpline telephone service for those experiencing or witnessing the abuse of an older person (call 1300 651 192 anywhere in Queensland for the cost of a local call). The EAPU involves itself with data collection and wherever possible provides input into government strategies, policy and legislation in this area. Current literature suggests that between 3 per cent and 7 per cent of people over the age of sixty-five will experience abuse from someone with whom they have a relationship of trust. (2) This article will comment on some of the issues surrounding Queensland Legislation as it relates to the abuse of older persons.

Domestic and Family Violence Protection Act 1989

Until amendments to the Domestic and Family Violence Protection Act 1989 were proclaimed on the 10th March 2003, Queensland had lagged behind other Australian states in providing legislative protection to older persons experiencing abuse. This piece of legislation, previously the Domestic Violence (Family Protection) Act 1989, was originally drafted to provide a civil/criminal response to spousal violence with later amendments extending protection to same sex couples. However, the most recent amendments have dramatically increased the legislation's coverage by targeting a broader range of relationships.

The basic mechanisms remain relatively unchanged: a court has the power to grant a protection order on the 'balance of probability' that domestic violence has occurred. Breaches are still dealt with as criminal matters. Similarly the...