Statutory Protections against Financial Abuse in Combating Elder Abuse in Australia and India

Mitchell, Bill (2020) Statutory Protections against Financial Abuse in Combating Elder Abuse in Australia and India. In: Shankardass, Mala, (ed.) Combating Elder Abuse in Australia and India. Geriatrics, Gerontology and Elderly Issues . Nova Science Publishers Inc, New York, United States, pp. 39-83.

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Abstract

Australia is a constitutional federation of six states (Queensland, New South Wales, Victoria, Tasmania, South Australia and Western Australia) and two self-governing territories (Australian Capital Territory and Northern Territory). A third tier, local government has over five hundred councils in local government areas. Despite calls for reform, only limited national statutory protections against financial abuse exist to regulate financial services, consumer protections and long-term care, irrespective of age. Each state and territory has its own systems of statutory protections against elder financial abuse. The state and territory systems share commonalities but also retain unique characteristics. The protections include legislation that regulates criminal conduct, civil restraining orders for economic abuse, powers of attorney and health directives, guardianship, trusteeship and administration, human rights and age discrimination laws, voluntary reporting of abuse and other civil remedies. At a local government level, few by-laws exist against financial abuse and specific protections are rare. This chapter provides an overview of Australia’s national, provincial and local statutory protections against financial abuse. This chapter highlights important issues of uniformity and distinction between jurisdictions and protections.

Item ID: 74381
Item Type: Book Chapter (Research - B1)
ISBN: 9781536186062
Copyright Information: © 2020 Nova Science Publishers, Inc.
Date Deposited: 22 Nov 2022 01:25
FoR Codes: 48 LAW AND LEGAL STUDIES > 4807 Public law > 480799 Public law not elsewhere classified @ 100%
SEO Codes: 23 LAW, POLITICS AND COMMUNITY SERVICES > 2301 Community services > 230102 Ageing and older people @ 100%
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