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House of Assembly - Fifty-Third Parliament, Second Session (53-2)
2016-09-21 Daily Xml
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Motions

Elder Abuse

Ms COOK (Fisher) (11:03): I move:

1. That in the opinion of this house, a joint committee be established to inquire into and report on matters relating to elder abuse in South Australia, and in doing so consider—

(a) the prevalence of abuse (including but not limited to financial abuse, physical abuse, sexual abuse, psychological abuse, social abuse, chemical abuse and neglect) experienced by older people in South Australia;

(b) the most common forms of abuse experienced by older persons and the most common relationships or settings in which abuse occurs;

(c) the types of government and/or community support services sought by, or on behalf of, victims of elder abuse and the nature of service received from those agencies and organisations;

(d) the adequacy of the policies, resources, powers and expertise of specialist agencies (including South Australia Police, Office of the Public Advocate, Aged Rights Advocacy Service, Legal Services Commission, Public Trustee, Domiciliary Care South Australia) and other relevant service agencies to respond to allegations of elder abuse;

(e) identifying effective ways to improve reporting of and responding to elder abuse to assist in establishing best practice strategies for multi-agency responses;

(f) identifying any strength-based initiatives which empower older persons to better protect themselves from risks of abuse as they age;

(g) the effectiveness of South Australian laws, policies, services and strategies, including the South Australian Strategy for Safeguarding Older People 2014-2021, in safeguarding older persons from abuse;

(h) innovation for long-term integrated systems and proactive measures to respond to the increasing number of older persons, including consideration of their diverse needs and experiences, to prevent abuse;

(i) the consideration of new proposals or initiatives which may enhance existing strategies for safeguarding older persons who may be vulnerable to abuse or prevent such abuse, including with reference to international best practice;

(j) identifying ways to inform older South Australians about online scams to which they may be vulnerable; and

(k) any other related matter.

2. That in the event of a joint committee being appointed, the House of Assembly shall be represented thereon by three members, of whom two shall form a quorum of assembly members necessary to be present at all sittings of the committee.

3. That a message be sent to the Legislative Council transmitting the foregoing resolution and requesting its concurrence thereto.

I started volunteering in nursing homes as a St John Ambulance cadet in my teens. Prior to this, I had had very little to do with older people and certainly did not understand the pathophysiology or psychology in terms of the consequences of dementia and other age-related disease processes. I found it challenging at times and even confronting but, with the support of a very caring, gentle and patient nursing staff, I learnt a lot about older people and this inspired me to follow my heart into a career in nursing.

In fact, my first paid job was in a very small 15-bed nursing home tucked away in Westbourne Park. The owners of this facility were a decent and kind family—the Whelans. I learnt a lot from the Whelan family. They also were patient, kind and gentle. On my first shift, I was introduced to a very genteel older man called Reg. I smiled sweetly and said, 'Good morning.' Then I promptly bolted as Reg chased me from his room armed with a metal urinal. Challenging, unpredictable and, most of all, vulnerable are our elderly who live in care. Caring for them can be difficult. It takes patience and skill. There is a science, but most definitely an art, to this care. It takes a special kind of person.

Like tens of thousands of Australians on 25 July, I sat watching The 7.30 Report horrified. I was horrified at the vision captured on a hidden camera placed strategically in the room of a bed-ridden, 89-year-old Clarrie Hausler. The vision showed a staff member appearing to attempt to suffocate Mr Hausler. The vision showed this staff member appearing to violently force-feed Mr Hausler with a spoon. Mr Hausler was sneezed on, pinned down and subjected to torments such as having his ears flicked. This staff member then actually ate Mr Hausler's food. I was sick to the stomach, I was upset and I cried.

I then saw his daughter—his brave and loving daughter who knew that her dear dad had not been himself for a while. Noleen Hausler is a highly skilled, neonatal intensive care nurse. I have known Noleen for many years. She was the agency nurse I would ask for when we were overwhelmed with very sick, very tiny premature babies at Flinders Medical Centre. I would often ask the agency to call her, even if she was not on duty, and ask if she would come in, and she would, often for longer shifts that were required—that was Noleen.

Noleen is here in the gallery. Thank you, Noleen, for being so brave, and for bringing this awful act out into the open. They picked the wrong family. Nothing describes the impact of elder abuse better than Noleen's victim impact statement as read in the Magistrates Court on 2 June of this year when the case against her dear dad's attacker was heard. I will read her statement:

What happened to my father in the hands of a Carer has deeply traumatised my father.

The incident has changed both of our lives significantly.

To have your loved one in care when you can't be there is always distressing on many levels.

You do not know what happens to them in your absence.

Especially, as my father is, totally dependent on all aspects of care and is mostly non-verbal.

To be vulnerable when you have no voice, power or ability to alert appropriate authorities when you are a victim would be the most terrifying situation to endure.

Father used to be relaxed, comfortable and responsive (albeit, relative to his demented state of health).

He enjoyed holding hands. Often if he couldn't communicate any other way he would respond by squeezing my hand or through the alertness in his eyes, the raising of an eyebrow or an attempted smile.

He responded positively to gentle and reassuring touch.

His eyes were clear and expressive. He enjoyed eye contact when communicating with him.

Due to father's degenerative sight and hearing loss these special ways of responding was his way of telling me, and me knowing he was okay in his restricted world.

Food is one of father's last remaining pleasures and he always ate well.

Due to years of failing health he is now bedridden and totally reliant on assistance for all his daily living needs.

Father is 89 years old with long term progressive dementia.

Over approximately 6 months I witnessed my father's general behaviour change dramatically which was generally inconsistent with his medical problems (diabetes + dementia).

Father became very withdrawn. He wouldn't visually engage with me when I tried to speak to him.

His eyes were often 'fearful', distant and teary (very out of character).

Father's posture was tense and often curled in a fetal or protective position.

He had difficulties swallowing his food. When asked if his throat hurt he would nod 'yes'.

He became very disconnected with me which distressed and concerned me immensely.

I was so devastated and emotionally drained by continually being dismissed while trying to achieve answers through the correct channels at the Care Facility, I (in desperation) utilized means that would be indisputable in providing evidence and answers to my concerns and underlining suspicions. I placed a camera in my father's room to monitor what happened to him when I was not there.

I had to protect my father as he could not completely verbalise what was happening to him and I refused to be silenced until I knew my father was safe.

It is one thing to be suspicious of indiscretions towards your loved one but it is more devastating to actually witness what unfolded.

The impact of what happened to my father destroyed any faith I had, or now have, in believing I had placed father (12 yrs ago) in a safe, caring environment to see out his final years.

As a result of this incident father has experienced ongoing 'sleep terrors' and has a fear of unfamiliar touch.

Again management disbelieve concerns I have raised stating father demonstrates 'no adverse behaviour'.

It shames me to the core to imagine what father mentally was, and must now, be enduring.

Having to live in fear with no means of escape from those who are meant to care for the vulnerable would be worse than fear itself.

I have been by my father's side nearly every day since the event (for hours at a time) to provide physical and mental support during this distressing time to assist in his recovery.

He is making slow progress but how can we ever know the degree of distress he endured and is now coping with after such a despicable and cruel level [of] abuse.

Financially, (emotionally distraught), I couldn't go back to work until I knew father was in a safe situation.

I had to minimise the days I would normally work to spend time with father until he displayed positive changes which made me comfortable that he was … safe.

My commitment to paying the shortfall for father's Care fees (his pension is insufficient to cover the fees) has been further embarrassed by this restriction for me to work.

Mentally, I'm not sleeping well.

I continually wake reliving what I had witnessed and wondering what more I could have done to prevent this.

I feel disturbed and ashamed that father had to endure what he did and I feel I failed to protect him.

I have sought professional counselling to cope with the distress and turmoil caused by this event.

Initially, for legal reasons, I was restricted to fully explain to our family and friends the extent of the incident. This was so consuming and equally distressing.

As a result I was unable to have support from these people.

At a time when your loved ones should be your most important avenue of support. Our rights were restricted.

The nature and circumstances of the incident has caused an 'uncomfortable conflict' with Management and staff at the Care Facility where father has remained.

Management were aware of the circumstances of the incident but floor staff were not.

Staff are always suspicious of my increased presence and changes to father's care to ensure his care and safety.

It is very awkward having to be hyper vigilant ensuring that father is receiving proper care.

Staff are uncomfortable with me doing this but I am powerless to explain my actions.

The behind the scenes 'talk' is often defamatory (toward me) in content by a number of the staff who were/are friends of the perpetrator. Dealing with this victimisation is demoralizing and hurtful.

I have had to put my personal and private life, including my Community Volunteer work, on hold to spend more time with father. Not to mention the hours spent seeking legal assistance and support, documenting issues/events and tolerating the bullying tactics of the Service Provider as a direct result of this unspeakable incident.

The impact of the Court Case has been further time consuming, frustrating and restrictive in coming to a verdict so that the truth can be revealed and life can begin to return to a normality it had prior to this life changing event.

As an Intensive Care Nurse I am personally and professionally appalled by the actions of the perpetrator.

A health professional's duty of care is to deliver a high standard of care to all people regardless of their situation, in a manner with utmost respect to privacy, dignity and individual needs.

Father was denied all of this.

I believe what happened to my father is not an isolated event delivered by this Perpetrator.

I plead with the Court to do whatever is possible to reveal the full extent of the behaviour of this individual.

In sentencing I would remind Your Honour my father is an 89year old, defenceless, bed bound, vulnerable human being, in his own private room, who, had no means to raise an alarm or any opportunity to protect/defend himself against the perpetrators' deplorable, premeditated, repeated assault.

Vulnerable elderly citizens in care [and, indeed, in the community] deserve the right to be treated with dignity and respect.

They should feel safe and comfortable in the confines of their own private room.

After all, this is their final home and their last experiences of life.

That was Noleen's victim impact statement and it is Mr Hausler's voice. That is why we must act now. We must act swiftly.

I cannot imagine going through this with my own parents, and I thank the Hon. Kelly Vincent in the other place for bringing this motion to the Social Development Committee last year in October. Thank you, Kelly, for being a voice for the vulnerable. Thank you for working with me to bring this important inquiry forward as a joint select committee in order to get this issue dealt with in a timely manner.

We are already, as a government, doing a lot of work in this space protecting older South Australians, and I do believe that communities are judged by how they deal with and how they advocate for their most vulnerable citizens. Knowing your rights, advocacy, negotiation with care providers—it is all happening, and I promise Noleen that this will continue. I look forward to making real change, and bringing this awful issue out into the open. I commend the motion to the house.

The DEPUTY SPEAKER: I understand the member for Torrens is going to second the motion.

Ms WORTLEY (Torrens) (11:15): I take great pride in seconding this motion. We know the state government is committed to ensuring the elderly in our community are supported through the existing elder abuse action plan, including the elder abuse phone line and website that is administered through the Aged Rights Advocacy Service. The University of South Australia also trains nurses to help them recognise elder abuse.

We are also progressing current research into elder abuse, so the establishment of the joint committee will further this work. This work is important in ensuring that the devastating issue of elder abuse is addressed. The committee will consider matters, including:

(a) the prevalence of abuse (including but not limited to financial abuse, physical abuse, sexual abuse, psychological abuse, social abuse, chemical abuse and neglect) experienced by older people in South Australia;

(b) the most common forms of abuse experienced by older persons and the most common relationships or settings in which abuse occurs;

(c) the types of government and/or community support services sought by, or on behalf of, victims of elder abuse and the nature of service received from those agencies and organisations;

(d) the adequacy of the policies, resources, powers and expertise of specialist agencies (including South Australia Police, Office of the Public Advocate, Aged Rights Advocacy Service, Legal Services Commission, Public Trustee, Domiciliary Care South Australia) and other relevant service agencies to respond to allegations of elder abuse;

(e) identifying effective ways to improve reporting of and responding to elder abuse to assist in establishing best practice strategies for multi-agency responses;

(f) identifying any strength-based initiatives which empower older persons to better protect themselves from risks of abuse as they age;

(g) the effectiveness of South Australian laws, policies, services and strategies, including the South Australian Strategy for Safeguarding Older People 2014-2021, in safeguarding older persons from abuse;

(h) innovation for long-term integrated systems and proactive measures to respond to the increasing number of older persons, including consideration of their diverse needs and experiences, to prevent abuse;

(i) the consideration of new proposals or initiatives which may enhance existing strategies for safeguarding older persons who may be vulnerable to abuse or prevent such abuse, including with reference to international best practice;

(j) identifying ways to inform older South Australians about online scams to which they may be vulnerable; and

(k) any other related matter.

Elderly South Australians—our parents, our grandparents and future generations—deserve to be treated with respect. I hope that the establishment of this joint committee and the work this committee carries out will ultimately address these issues that have been raised in recent times.

Mr WILLIAMS (MacKillop) (11:18): First of all, might I say that the opposition supports this motion and the establishment of a joint committee. In doing so, the opposition recognises that this is an enduring problem and, indeed, one that is growing. We recognise that abuse of the elderly comes in many forms and that there are many perpetrators. It is a bit like the scourge of domestic violence where the abuse occurs within families, and that is something that makes both of those issues incredibly difficult to tackle.

I think probably the best thing we can do to support those who are suffering from such abuse is to give them the tools to look out for themselves and to seek help. One of the problems that I think is currently working against the elderly who find themselves in abusive situations is that they are just unaware of where to turn. By holding a forum, such as a select committee, we can indeed not only expose a number of forms of abuse and styles and types of perpetrators, who may not seem evident at the moment on the surface, but we will also highlight the issue and hopefully bring it to the front of mind for a lot of people in our community.

It is not just the elderly, but a lot of people who are endeavouring to support the elderly and not just their own family members but the little old lady next door or down the street, etc. There are, in our society, a huge number of fantastic people who are willing to go above and beyond the call of duty of their responsibility and obligations to their own families and are more than happy to support other people in their community, particularly the elderly. Unfortunately, there is also a very small minority, but certainly a significant minority of people, who will traverse abuse, particularly on their elderly relatives and the abuse can take, as I said, all sorts of forms.

One of the phenomena of the last 40 or 50 years is the increase in life expectancy of Australians. Unfortunately, along with that increase in life expectancy, our capacity to look after ourselves in the last few years of life has diminished, and I think it is timely that we take this action to see if there is something that we can do as a legislature and an advocate for the people we represent in this parliament to try to support the elderly in our community. I fully support the motion to establish this select committee, and look forward to the select committee getting underway and getting on with its good work.

Ms COOK (Fisher) (11:22): Again, I want to thank Noleen Hausler for attending this morning and look forward to her input as we move along with this inquiry. I want to thank the member for MacKillop for his support personally and also for reflecting the support of the opposition in regard to this important matter. I want to thank the member for Torrens also for her passion and immediate offer to participate in the select committee. She is very driven to help support change moving forward. I really look forward to getting this committee underway as soon as we can. I would ask now that we vote on the matter.

Motion carried.

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