A recent study commissioned by the Federal Attorney-General’s Department estimated that one in six older Australians has experienced elder abuse. RMB Special Counsel STEVEN BURNS explains some remedies.
Many victims of elder abuse do not seek help, due to complex emotional ties and difficulties in obtaining help. As Australia’s population ages, with an estimated eight million people aged over 65 by 2050, addressing identification and means of intervention or providing assistance has become an important social issue.
The main challenge in identifying elder abuse is that it is often invisible. Most abuse occurs within the family, with adult children responsible for around half of reported cases. This dynamic sometimes creates a “shame barrier” where victims fear that reporting will lead to legal trouble for their children or result in their own forced relocation to residential care.
While physical signs of abuse can be recognised, psychological and financial abuse are more common, frequently driven by “inheritance impatience” on the part of adult children. Families are observing things that do not seem right such as savings disappearing, houses changing hands or wills being rewritten under questionable circumstances.
The challenge for family members is knowing when to step in and what steps to take. Lawyers can assist by investigating the situation, looking at, revoking or challenging misused Powers of Attorney and taking action to recover misappropriated assets.
The Supreme Court of NSW has a protective jurisdiction and can, in appropriate cases, provide quick action such as injunctions to protect against financial elder abuse. Proceedings can also be brought in the NSW Civil and Administrative Tribunal (NCAT) including for financial management or guardianship Orders. NCAT is able to convene urgent hearings if the relative is at immediate risk of serious harm due to abuse, neglect or exploitation.
The government is implementing a National Plan to End the Abuse and Mistreatment of Older People 2024-2034, with a focus on moving towards active prevention of abuse and the elimination of ageism which can be seen as a driver of elder mistreatment.
The new Aged Care Act 2024 commenced in November 2025, enshrining the rights of older Australians in law and providing a more robust regulatory framework and accessible complaint mechanism. The Act applies to older Australians regardless of whether they live in a nursing home or their own private residence. As a start, the National Elder Abuse Helpline (1800 353 374) provides a contact point for confidential advice and referrals across all Australian jurisdictions.
If you or a member of your family have been, or are currently being, affected by this, please contact our office on Freecall 1800 681 211 for a consultation, or use our 'Ask a Question' tool on our website.