Office of the Public AdvocateThe Public Advocate, Dr Colleen Pearce, is calling on the Victorian Government to urgently address a critical gap in the protection of at-risk adults in the community who, because of their care and support needs, may be unable to protect themselves from abuse or neglect.
A landmark report by the Office of the Public Advocate (OPA), Line of sight: Refocussing Victoria’s adult safeguarding laws, has found that, unlike some other states and territories, there is no Victorian government agency with responsibility for safeguarding and supporting adults at risk of violence, abuse, and neglect. It recommends that the Government ensure that an existing agency is given this function and associated powers.
OPA has long held concerns about the endemic levels of violence and abuse experienced by at-risk adults living in our community who, because of their care and support needs, may be unable to protect themselves from abuse or neglect, Dr Pearce said.
The tragic death of Ann Marie Smith in South Australia in 2020 highlights the risks faced by adults with care and support needs living in the community, Dr Pearce said.
Ms Smith reportedly died of severe septic shock and malnutrition, having been left in a chair for 24 hours a day for more than a year by her sole paid carer.
“I was shocked and dismayed at the tragic death of Ann Marie Smith, but this report highlights the sad fact that there are also people slipping through the cracks here in Victoria,” Dr Pearce said.
The risks have been well known for many years, Dr Pearce said.
In 2017, the Australian Law Reform Commission (ALRC) Elder Abuse – A national legal response report found that, at the time, no government agency in Australia had the clear statutory role of safeguarding and supporting adults who, despite having full decision-making ability, are nevertheless at risk of abuse.
“The NSW, South Australian and ACT governments have acted on the recommendation of the report, but 5 years on from the landmark ALRC report, the Victorian Government is yet to establish an adult safeguarding agency or provide an existing agency with that function.”
Dr Pearce called on the Victorian Government to, as a matter of urgency, address this critical gap in the protection of at-risk adults in our community by ensuring that a Victorian agency has appropriate functions and powers to protect at-risk adults from violence and abuse.
“The Victorian Government must ensure that laws and systems are in place to prevent, identify and respond to the abuse of the most vulnerable members of our community. It must not lose sight of any adult in our community who may be at risk of experiencing violence, abuse or neglect.”
