‘National solution’ to protect elder rights

Changes need to be made to better protect the rights of older people “detained” in secure aged care facilities, according to South Australian Public Advocate, John Brayley.

Mr Brayley spoke to DPS News late last week after presenting his annual report to state parliament, which provided an overview of critical issues affecting the aged care and guardianship, disability and mental health sectors.

Reporting a string of recommendations across the various sectors, Mr Brayley said the report called for amendments to the Commonwealth Aged Care Act 1997 to better protect the rights of older people detained in secure aged care facilities.

He also urged the establishment of a statutory rights-based Community Visitors Scheme to visit residents in aged care facilities, which was discussed in the context of the rights of older people detained in locked facilities.

The report also called to limit the use of state-based guardianship provisions to detained aged care residents as, according to Mr Brayley, “these provisions can be burdensome to families and to facilities”. 

“We basically need to give an older person the right of appeal and review. So, if they disagreed with the fact that they are in a nursing home, they could ask for an independent check if they are unhappy,” he added.

Mr Brayley called for a “national solution”, with a “unified response driven around the country”.

He said there was “insufficient protection” in some states where people can sometimes be “held in a locked nursing home because it is considered a pressing necessity under a duty of care”.

“Doing nothing is insufficient. The nation [as a whole] needs more reasonable protections so they can appeal.

“I think it is extremely important people of all ages have the same rights. We’re very concerned about protecting the rights of people with mental illnesses and disabilities, and as a community we need to take the rights of elderly people seriously. The law does not discriminate against age and nor should our practices.”

Do you agree with South Australian Public Advocate John Brayley’s comments? Share your thoughts on this topic by commenting in the box below.