Elder abuse

Contributed by Kaye Hall and SolomonBerhane and current to September 2025

Introduction

Older persons’ abuse (elder abuse) is a significant and growing issue in the Northern Territory (NT). According to the 2021 census, 17.7% of the population is aged 65 years or older and this segment is expected to grow, and the problem of older persons’ abuse is expected to worsen.

In addition to our ageing population, the NT faces a complex set of challenges associated with our high First Nations population, high immigrant population, and significant levels of remoteness. These factors contribute to a culture of shame and/or inaction in relation to elder abuse.

What is older persons’ abuse?

In the NT, we sometimes refer to elder abuse as “older persons’ abuse” to differentiate between older people in general and Aboriginal elders.

Older persons’ abuse is abuse that occurs within a family or carer relationship where the older person (OP) is dependent on the family member for some sort of care or assistance. This could be anything from helping an elderly family member to use their iPhone to providing personal hygiene.

While the care of assistance is being provided:

• OP has an expectation of trust
• OP is therefore vulnerable to exploitation
• Family-carer takes advantage of OP’s vulnerability

In the NT, older persons abuse is usually:

• Economic abuse
• Psychological/emotional abuse
• Neglect

What is economic abuse?

Economic or financial abuse is taking or misusing an older persons’ money, possessions or property without permission.

• Taking money or damaging property, for example:
  • Centrelink pay, bank account or card.
  • Apps, online shopping.
  • House, car, food, furniture, etc.
• Receiving a Carer Payment but not looking after anyone.
• Forging, changing, hiding or destroying important documents, or
• Making someone sign a legal document without their consent.

For example:

• Grandma asks her grandson for help using her phone, and since then has been ordering Uber Eats using her login.
• Daughter deceives GP into declaring her father is legally incompetent. She then sells his house, takes the money, and moves away.

What is emotional or psychological abuse?

Emotional or psychological abuse is when someone uses words or actions to make you feel worthless or upset, including:

• Verbal aggression - yelling, shouting, or swearing.
• Threats - threats of harm, abandonment, or institutionalization.
• Humiliation or ridicule - belittling or demeaning someone.
• Isolation - preventing the older person from seeing or speaking to others.
• Control - restricting access to resources or decision-making.
• Neglect – failure to fulfil a caretaking obligation.
• Abandonment – leaving someone alone without help. The caregiver fails to plan or make suitable arrangements for care while they are away.

What is neglect?

• Neglect – failure to fulfil a caretaking obligation.
• Abandonment – leaving someone alone without help. The caregiver fails to plan or make suitable arrangements for care while they are away.

For example:

• Adult son moves his wife and kids into the family home and puts his mum in a donga out the back (out of sight, out of mind) and neglects her care.
• Niece receiving Carer Payment goes on a holiday, leaving auntie to fend for herself.

Victims in the NT

• 15% of senior Territorians (aged 65+)
• 70% are women – this may reflect underreporting by men
  (Source: DCLS Survey 2018 and 2024)

Risk factors for older people are:

• Single, separated, divorced, widowed
• Socially isolated (low visibility)
• Living in the ‘family home’
• Adult child living at home
• History of family violence, AOD or gambling issues
• Other vulnerabilities – frailty, illness or lack of capacity

Perpetrators in the NT

• 90% are a family member
• 44% are an adult child (son or daughter) of victim
  (Source: DCLS Survey 2018 and 2024)

Is the abuse intentional?

Unintentional abuse includes:

• Family-carer overwhelm
• Family-carer doesn’t understand the carer role, rights or responsibilities
• Family-carer doesn’t understand legal obligation to act in the best interests

When the abuse is unintentional, the family-carer needs support and training. Carers should contact Carers NT for respite, therapy services, education and training, advice and information.

Without appropriate training and/or support, small abuses become habitual, more substantial, and more intentional over time.

Intentional abuse includes:

• Inheritance impatience - wanting early access to OP’s money / property
• Inheritance preservation - wanting to prevent OP from spending money
• Grandparent alienation - wanting free child minding, food and board

Motivation:

• Financial stress, substance abuse, gambling issues
• Mental illness, dysregulation, frustration
• History of domestic violence, lack of respect, revenge
• Blended families, jealousy, resentment

NT Legal Framework

Domestic and Family Violence Act 2007 (NT)

Detailed information on domestic and family violence is available in the NT Law Handbook.

There are no specific laws dealing with elder abuse in the Northern Territory. This type of abuse is specified under section 5(1)(a) of the Domestic and Family Violence Act 2007 (NT) (“DFV Act”) as follows:

Any specified conduct committed between people in a domestic relationship including:

• Family relationship: s9(a)
  Incl. spouse, defacto or other relative, e.g. adult child, step-child, grandchild, nephew, niece, and in-laws: s10
• Carers relationship: s9(g)
  A carers relationship exists between 2 persons if 1 of them is dependent on the ongoing paid or unpaid care of the other: s12

Specified conduct: s5(2)

Issues with the DFV Act

• Neglect is not specified conduct under the DFV Act
  • Neglect is the third most common form of older persons’ abuse
  • Neglect is specified under the Criminal Code – Fail to provide necessaries: s183
• Domestic Violence is a civil matter because it involves a dispute between individuals. Therefore:
  • Individuals are expected to apply for their own Domestic Violence Orders (DVOs)
  • Police can make a DVO when it’s impractical or unsafe for the victim to do so – bridging the gap between civil and criminal law
  • Elderly victims are unlikely to be able to apply for a DVO and attend court.
• Police often prioritise Intimate Partner Violence (IPV) over elder abuse because:
  • Resource limitations - police triage calls and prioritise immediate threats
  • IPV is more likely to be reported as an emergency (assault in progress) with a higher immediate risk of serious harm or death
  • Only serious neglect is likely to be seen as immediate risk of serious harm (see Table 1)
  • Elder abuse cases are complex and less suited to rapid police intervention (see Table 2).

Table 1: Speed of decline

Neglect Type	Serious Harm or Death Can Begin in
No water	3–7 days
No food	10–30+ days
Bedbound without care	Days to weeks
Hygiene neglect	Days to weeks
Malnutrition	Weeks to months
Social isolation	Indirect harm within weeks–months

Table 2: IPV and OPA Comparison

Intimate Partner Violence	Older Persons’ Abuse
Usually involves coercive control, physical or sexual violence, and psychological abuse	Usually involves financial abuse, psychological abuse and neglect
The aim is often to dominate or control a partner	The aim is often to exploit the older person’s resources
Victims are individuals betrayed and controlled by a chosen partner	Victims are vulnerable dependents being harmed by a trusted family member
Victims often want separation from their partner	Victims often want to maintain the relationship

Other relevant NT legislation

• Advanced Personal Planning Act 2013
• Criminal Code Act 1983
• Guardianship of Adults Act 2016
• Health Care Decision-Making Act 2023
• Personal Violence Restraining Orders Act 2016
• Powers of Attorney Act 1982
• Trespass Act 2023

Reporting abuse - Mandatory Reporting

Under the DFV Act (s124A) it is an offence for an adult to not make a report to the Police if they believe on reasonable grounds that:

• someone has caused, or is likely to cause, physical serious harm to another person with whom the other person is in a domestic relationship; or
• a person’s life or safety is under serious or imminent threat because domestic violence has been, is being or is about to be committed.

Police, Fire & Emergency Services

• In case of Emergency – call 000
• Non-emergencies – call 131 444 or NT Police, Fire & Emergency Services

Information & advice

Elder Abuse Help Line (National)

• Call 1800 353 374

Older Persons Abuse Information Line (NT)

• Call 1800 037 072
• Operating Monday to Friday, 9am – 5pm

Please note: Calls to the Help Line or Information Line are not mandatory reports. To make a mandatory report, call NT Police.

Report a carer

• Carer payment recipients – people receiving the Carer Payment who are not fulfilling their obligations may be reported to Centrelink
• Paid carers – paid carers failing in their duty of care can be reported to the Aged Care Quality and Safety Commission
• Legal guardians – legal guardians failing in their fiduciary duty (trust) or duty of care may be reported to Office of Public Guardian and Trustee

Civil action – options

• Apply for a Domestic Violence Order (DVO)
• Apply for a Personal Violence Restraining Order (PVRO)
• Issue a Trespass Notice
• Report a breach of decision-making authority to Office of Public Guardian or NTCAT
• Initiate an application for Guardianship Orders

Preventing abuse

General Power of Attorney

In the NT, you can give someone else the legal right to act on your behalf by appointing a General Power of Attorney (POA). For example, an older person may appoint someone they trust to manage day-to-day affairs such as paying bills, signing contracts, or banking.

• POA can only be made when the person has capacity
  • Approved form, signed and witnessed – How to make a General Power of Attorney
• If the principal loses capacity:
  • The POA is revoked
  • The Attorney can no longer act in this role

Advanced Personal Plan (APP)

Detailed information on advance personal planning is available in the NT Law Handbook.

An Advanced Personal Plan gives you a way to exercise control in advance by choosing who will act for you and setting boundaries in the event you lose capacity.

Benefits of an APP

• Choice in advance (‘you decide, who decides’) – You decide who will make decisions, instead of leaving it to the Tribunal, Public Guardian, or Public Trustee.
• Guidance for the future – You can record your preferences (e.g. health care, living arrangements, financial matters) so your wishes are more likely to be followed.
• Reduced conflict – Clear instructions can help avoid disputes between family members about what you would have wanted.
• Legal authority – Banks, doctors, and service providers are more likely to act quickly when there is a valid instrument.

Limits and Risks

• Loss of direct control – Once you lose capacity, you can no longer make your own decisions and must rely on the person you appointed.
• Risk of misuse – If the decision-maker doesn’t act in your best interests, it can cause harm, especially if the APP is not registered.
• Trust is essential – Choosing the wrong person can expose you to financial abuse, neglect, or exploitation.
• Oversight is limited – While substitute decision-makers have legal duties, problems are usually only addressed if someone notices and makes a complaint.

An APP can only be made or revoked while the principal has capacity.

• Use the approved form, signed & witnessed – Advanced Personal Plan
  • Appoint one or more decision-makers
  • Provide binding directions about personal, financial, and medical matters.
• Appointed decision-maker/s have authority under the APP when the principal has lost capacity as determined by a suitably qualified medical professional (e.g. Memory Clinic)

Guardianship Orders

Detailed information on adult guardianship is available in the NT Law Handbook.

When an adult has lost decision-making capacity, and they do not have an APP, a trusted person can apply to NTCAT to become their legal guardian.

Contact Office of Public Guardian or NTCAT

Health Care Decision-Making Act

If no decision-maker has been appointed, the Health Care Decision-Making Act provides a hierarchy of people who can make health care decisions for an adult with impaired decision-making capacity in relation to the health care decision.

• For Aboriginal people, a culturally appropriate relative of the adult
• Spouse or de facto with close and continuing relationship
• Unpaid carer of the adult
• Child of the adult with close and continuing relationship
• Parent of the adult with close and continuing relationship
• Sibling of the adult with close and continuing relationship

What is legal capacity?

Legal capacity is a person's ability to make reasoned decisions for themselves:

• Understand the facts of a situation
• Weigh the pros and cons
• Understand the consequences
• Make a decision, and
• Communicate that decision in some way.

Capacity is complex

For older people, cognitive impairment is not ‘one and done’.

• A person can lack legal capacity for some decisions and not others (e.g. unable to make financial decisions but still able to make health care or lifestyle decisions)
• Capacity can be intermittent or situational

Capacity can be impacted by:

• Stress
• Fear
• Injury, falls, head injuries
• Illness, medication, mismedication
• Time of day
• Language barrier

Who can determine capacity?

Always assume an adult has decision-making capacity until an assessment has been made by a suitably qualified medical professional:

• Memory Clinic (free)
  • Top End Memory Service
  • Geriatrics & Memory Clinic – Alice Springs Hospital
• Geriatricians
• Neuropsychologists
• Psychiatrists
• Neurologists

Advocating for change

Since 2024, the Adult Safeguarding Network (formerly the Older Persons’ Abuse Working Group) has been looking at problems linked to elder abuse and exploring ways to address them.

Key recommendations are:

• Establish an Adult Safeguarding Unit with investigative powers, to sit within NT Health – based on the Adult Safeguarding Act 1995 (SA)
• Amend the Criminal Code to explicitly include crimes against vulnerable people (aggravated offence) – based on the Crimes (Offences Against Vulnerable People) Legislation Amendment Act 2020 (ACT).
• Amend the Advanced Personal Planning Act, including:
  • Simplify the form
  • Mandatory registration
  • Establish oversight
  • Nationally consistent EPOA
• Funding for Specialist OPA Legal Service in the NT
• Equitable service delivery on communities
• Nationally consistent data collection