YOUR RIGHTS YOUR VOICE LEGAL ADVOCACY EDUCATION
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YOUR RIGHTS YOUR VOICE LEGAL ADVOCACY EDUCATION Annual Report 2017-2018
YOUR RIGHTS
YOUR VOICE
LEGAL
ADVOCACY
EDUCATION
The purpose of Seniors Rights Service is to foster
communities where older members of society are aware of,
actively exercising, and defending their individual rights, in a
society that respects and values older people and promotes
and upholds their rights.
PRINCIPLES
In all of its endeavours, Seniors Rights Service will:
• empower older people as rights holders and active
contributors to society
• provide high-quality and timely service
• provide access and equity in service to seniors, regardless
of race, colour, national or ethnic origin, gender, marital
status, disability, religion, political beliefs, sexual
preference, or other characteristic
• support capacity development of staff to ensure they can
deliver high quality service
• collaborate with other organisations in pursuit of
common goals
• work with broader civil society to foster respect for older
members of society and their individual rights.
PRIORITY POPULATIONS
Seniors Rights Service will prioritise engagement with older
people who are:
• disadvantaged and vulnerable
• in regional, rural and remote locations
• culturally and linguistically diverse
• Aboriginal or Torres Strait Islander
• lesbian, gay, bisexual, transgender, intersex, queer, other.
Seniors Rights Service is a proud member of:
2 3
ANNUAL REPORT 2017 - 2018
CONTENTS AT A GLANCE
President’s Report.....................................................................................6
Introducing Margaret Duckett............................................................7
Chief Executive Officer’s Report .....................................................8
5,022
Meet The Team: Staff Listing .............................................................10
At least
Meet The Team: Volunteers,
25,000
Reception & Intake ..................................................................................12
28,285
OUR LEGAL SERVICES............................................................................14
people from culturally
90% *
Legal Case Studies.....................................................................................21
OUR ADVOCACY SERVICES............................................................. 24 people contacted us for and linguistically diverse
Our Social Support Services................................................................31
advice in 2017-2018 people attended backgrounds attended
Regional Advocacy Report..................................................................32 customer satisfaction
Central West...................................................................................................33 This was via phone, email, our education forums education events
* Based on feedback from more
website and visits to our office.
South Coast................................................................................................... 34 and related than 1,600 clients.
Mid-North Coast......................................................................................... 35
events
1,171
Advocacy Case Studies...........................................................................37
OUR EDUCATION SERVICES............................................................40
Staff Presentations at 5th National
Elder Abuse Conference....................................................................... 49 We helped clients with attendees at education
772
OUR COMMUNICATIONS AND MEDIA.....................................50 More than
Seniors Rights Service Media Room ............................................ 54 sessions identified as
Elder Abuse Action Australia ............................................................ 55
Insights and Perspectives
Video Project.................................................................................................57 issues involving suspected 25% LGBTIQ+
We provided
legal services to
1,708
Our Commitment to Customer Satisfaction............................ 58 or actual elder abuse. of our aged care
2,740
5th National Elder Abuse Conference .........................................60
Final Conference Statement............................................................... 63
A client may have raised more than one issue.
For example, an older person may be subject
advocacy services were
OUR PRIORITY POPULATIONS...................................................... 64 to both physical and financial abuse, provided to people from
Our Work with Aboriginal and which counts as two issues.
our priority populations attendees at education older people
Torres Strait Islander People..............................................................66 events were Aboriginal
Our Work in Western Sydney............................................................. 67
Our Work with People from Culturally
or Torres Strait Islander
and Linguistically Diverse Backgrounds....................................68
Our Work with older LGBTIQ+ people.....................................70
Our Work in Regional, Rural
and Remote NSW........................................................................................71
Our International Work........................................................................ 72
57%
of alleged abusers were
We provided
advocacy services to
Global Presence at Conference.......................................................73
Some Media Coverage of Our Work.............................................74
SENIORS RIGHTS SERVICE
INCORPORATED FINANCIAL REPORT
the client’s son
or daughter 3,494
recipients of
YEAR ENDED 30 JUNE 2018............................................................. 76
aged care
Seniors Rights Service staff and Board gratefully acknowledge the
Gadigal People of the Eora Nation and their Elders past and present. Our
workplace is located on the grounds of these people and we thank them
for the custodianship of this land. Mid North Coast: Macquarie/Hastings
(Birpai), Kempsey (Dhungutti), Greater Taree (Birapai), Coffs Harbour
17%
of alleged abusers were
(Gumbayngirr), Clarence Valley and Tweed (Bundjalung). South Coast:
Tharawal (South Coast Northern) and Yuin (South Coast Southern). the client’s spouse
Prior permission has been granted by each individual photographed for
use in this document.
4 5
ANNUAL REPORT 2017 - 2018
PRESIDENT’S REPORT
Over the last six years, we’ve doubled education and advocacy for older establishment of Elder Abuse INTRODUCING
our staff, our revenue and our reach. people who need to be supported Action Australia (EAAA), a new MARGARET DUCKETT
The year-on-year growth has been and empowered to stand up for national peak body launched I’m extremely pleased that my
extremely pleasing, particularly in their rights. in June that brings together successor as president is my current
such a tight fiscal period. And last individuals and organisations vice-president, Margaret Duckett.
One of the biggest achievements
year, to have secured our funding working in elder abuse
in recent years is around the In Margaret, I am leaving Seniors
for at least the next three years was prevention and support services.
leadership we’ve shown, especially Rights Service in steady and capable
immensely satisfying.
in the development of OPAN, the Through these developments hands. She brings a lifetime’s
When I first joined the board, when Older Person’s Advocacy Network, – and through the board experience in both government
Seniors Rights Service was still known as a national organisation. Seniors strengthening our governance and non-government sectors,
as TARS (The Aged-care Rights Rights Service, and particularly our processes and embedding quality working at all levels and settings:
As I approach the end of my time Service), we knew we were delivering CEO Russell Westacott, was a key improvement throughout the international, regional, national, program evaluations, developing
as president of Seniors Rights good information and great service player in bringing our counterparts hospital and community. performance indicators, and
whole organisation – the planks
Service, it’s heartening to reflect to those we reached but wanted to in other states and territories facilitating practice reform in
are firmly in place for Seniors Margaret has held senior positions
on the changes within the be sure we were connecting with our together to collaborate under one government and community
Rights Service to continue, in both government and non-
organisation since I first joined target audience, the 1.4 million older banner. Through OPAN, of which I organisations across the world.
and to build on, our work into government and provided
the board as treasurer in August people in NSW. To that end, in 2015 we am and will continue to be inaugural On a personal level, from 2010-2016
the future. consultancy services in governance
2012, going on to become president changed our name to Seniors Rights chair, we won the tender to deliver Margaret was the primary carer for
I would like to thank Russell in Australia and internationally.
in 2013. Those changes have seen Service and also developed the 2020 the National Aged Care Advocacy her mother, which gave her a greater
Some key roles have included CEO,
Seniors Rights Service strengthen, Strategic Plan, which provided a clear, Program. Crucially, about half our for trusting us as a board and understanding of, and empathy for,
Australian Foundation for Peoples of
mature and extend our reach and consistent vision for the coming years. funding comes through that and has trusting our agenda. At times the challenges older people and
Asia and the Pacific; Director, Office
influence around New South Wales It was far more than a rebranding; it allowed us to open up much-needed we have pushed him and other their carers face.
for Ageing, Department of Ageing,
and Australia. was a regrounding, an opportunity to additional advocacy services in senior managers to take extra
Disability and Home Care; Director Margaret has been on the board of
re-examine our purpose, principles regional NSW. The first, in the Central steps forward that might have
Health Development Division, Seniors Rights Service since 2015
and priority populations, and to West, based in Dubbo, opened in been challenging. But they’ve NSW Cancer Council; Adviser and deputy president since 2016.
embed our philosophy as to why February 2018, with two more – in the taken that on and that’s been very and Consultant, UNAIDS, UNDP, In 2017-18, at the launch of Seniors
we were here and who we were South West of NSW and the Far North much appreciated and we are a WHO and IOM; Visiting Scholar/ Rights Service’s video resource kits
here for. That is: to provide advice, Coast of NSW – opening in 2018-19. stronger organisation because of Associate Professor, McGill Centre on elder abuse (see separate story),
Russell has also shown incredible his leadership. for Medicine, Ethics and the Law, Margaret was among those who
leadership, supported by the board, As I take my leave, I’m Canada; Specialist Adviser HIV/AIDS, shared their wealth of knowledge
on the issue of abuse of older people. enormously proud that people Australian Department of Health. in a panel discussion.
The crowning glory of that was now regard Seniors Rights From 1996 to 2004, Margaret was I know Margaret will take on the
the 5th National Elder Abuse on the board of North Sydney Area
Service as a leader in the areas challenges of being president calmly
Conference, which we hosted in Health Service (NSAHS) and from
“Looking ahead, I see the of older people’s rights and legal and efficiently.
Sydney in February. As I gave 2002 was deputy chair. In that role,
services, and the prevention of
organisation continuing to expand the closing address at the she oversaw the operation of all
Elaine Leong, as proposed vice-
elder abuse. Looking ahead, I see
our reach to every older person in conference, I was extremely
the organisation continuing to services within NSAHS, involving
president, has a background in
NSW and their families. proud to stand up there and law and as a company secretary,
expand our reach to every older services for one million people,
see what our relatively small and is very strong on corporate
person in NSW and their families. an annual budget of $600 million,
“That is my vision for Seniors Rights organisation had been able seven public general hospitals, one
governance as well.
Service: that not everyone needs to to achieve in mounting the That is my vision for Seniors public psychiatric hospital and 23 Under their combined leadership,
use us, but everyone knows we’re world’s largest gathering Rights Service: that not everyone community health services. Seniors Rights Service will continue
on the mistreatment of older needs to use us but everyone to be a great organisation. I wish
there in case they do.” Her consultancy and management
people and its prevention. knows we’re there in case they do. Margaret, Elaine and the other board
background has given her a
Russell and the organisation members all the very best.
Craig Gear depth of experience in setting
were also instrumental in the President, Seniors Rights Service strategic directions, undertaking Craig Gear
6 7
ANNUAL REPORT 2017 - 2018
CHIEF EXECUTIVE OFFICER’S REPORT
Over this reporting period,
we held events across NSW
I’m delighted to report that in 2017- for the Commonwealth Attorney- prevention and support services. From this community-
2018, we added to our existing NSW General, Hon Christian Porter MP, to Memberships traverse the legal, led strategy event,
specifically focusing on the abuse
regional locations on the Mid-North announce funding for a national plan health, social work and other sectors. I 52 organisations of older people. More than
3,500
Coast and the South Coast with a new to tackle the problem. The national am honoured to be co-chair of the new endorsed the final
staff member in the Central West, strategy will ensure we address the body, along with Deidre Timms, the report titled The
based in Dubbo. The new service, issue effectively across the country, CEO of Advocare in Western Australia. Abuse of Older
which opened on February 1, is with all stakeholders operating Other directors include Jenny Blakey People: A Community
giving us greater reach across the within a sound framework. This will from Seniors Rights Victoria, Scott Response. Among
people attended
region, particularly among Aboriginal guarantee that various strategies are McDougall from the Caxton Legal those organisations were those events.
communities in the state’s west. complementary and that, as a nation, Centre in Queensland and Carolanne peak groups representing
we can offer a best-practice response Barkla from Aged Rights Advocacy Indigenous people, culturally and
In the current financial year, two more
to this appalling social issue. Seniors Service in South Australia. linguistically diverse communities,
The last year has been extremely NSW locations have opened – the
Rights Service looks forward to being and LGBTIQ+ communities, as well as
positive and exciting for Seniors first in South West NSW, a region with As a newly emerging organisation,
part of building and designing this many other peak agencies. It was quite
Rights Service. The organisation a sizeable elderly population from EAAA has much work to do, including
national plan via consultations and an achievement to reach consensus reveals they are at risk of abuse but
continues to be on a pathway of culturally and linguistically diverse the co-design – with the Attorney-
also enhancing service delivery to the across such a large and diverse range not necessarily within the context of
significant growth and we have been backgrounds; and the second on the General’s Department – of an elder
thousands we already serve. of organisations. their aged care service.
able to establish a much stronger Far North Coast, home to many older abuse “knowledge hub”, which will be a
presence across regional New people from LGBTIQ+ communities. In total, the Attorney-General has sophisticated, well-resourced one-stop The report was released via webcast Before closing, I want to make special
South Wales. Central to this new committed $37 million over the online portal for the community and in May by the Age Discrimination mention of Seniors Rights Service
It is very pleasing to be able to say coming years for new services, a those working in this field.
opportunity was the creation of the Commissioner, Hon Dr Kay Patterson president Craig Gear, who will step
national Older Persons Advocacy that Seniors Rights Service truly prevalence study, health/justice
On June 15, Seniors Rights Service’s AO, and the Secretary General of the down from his position in November.
Network (OPAN) in 2017. This has a statewide presence and is partnerships and elder abuse staff
new media room was also the setting International Federation of Ageing, Craig and I came to Seniors Rights
resulted in additional resources to now more able to reach our priority within some existing community legal
for the launch of a compelling series Dr Jane Barratt. The report and its Service at around the same time,
provide on-the-ground aged care populations regardless of their centres. Seniors Rights Service will be
of videos featuring 18 key speakers preceding consultation process me in early 2011 and him the
advocacy services to recipients of geographic location. proud to play a role on multiple fronts
from February’s conference sharing – before and during the national following year, first as treasurer,
Commonwealth-funded aged care Another major success for our in the coming years to ensure our conference – is regarded as a best-
their expertise around the abuse of then as president in 2013. He has
residential services and home care organisation in 2017-2018 was the 5th current awareness and prevention practice community engagement
older people and how to prevent it. been a fantastic chair and one of the
packages across the state. National Elder Abuse Conference, efforts are expanded and support exercise. It has been presented to
The video resource kits, produced strengths behind the growth and clear
which Seniors Rights Service hosted services grow. It is vital that Seniors federal and state governments and
by Seniors Rights Service, were vision of Seniors Rights Service in
in Sydney in February 2018. Going Rights Service adequately meets the key policymakers, and in July 2018
created from interviews conducted recent years.
way beyond expectations, the challenge of supporting the current I presented it at the 9th session of the
by journalist Ellen Fanning on the
conference attracted around 570 unmet need of vulnerable older United Nations’ Open-Ended Work He has also been supported by a very
sidelines of the conference, and
delegates, with another 500 people people in the community. talented and creative board, which
were launched via a live webcast by Group on Ageing in New York.
attending satellite events. Mainstream offers vital strategic direction and
In addition, some funding was also the NSW Minister for Ageing, Hon Seniors Rights Service was delighted
media coverage over the few days of smooth governance. I look forward to
provided for a new overarching peak Tanya Davies MP. to be able to expand its services in that continuing under the leadership
the conference was strong. Both the body, Elder Abuse Action Australia
One of the most exciting parts of the 2017-2018 to include a new support of Craig’s successor, Margaret
media engagement and the broad (EAAA), which was officially launched
national conference was the Day 3 position. This came about due to Duckett.
attendance base demonstrated that with a live webcast from Seniors
strategy event hosted by Seniors dedicated elder abuse funding from
this often-hidden social issue is finally Rights Service’s new media room on It has been a pleasure to work
Rights Service, which brought together the Commonwealth Department of
losing its taboo status and is being June 14. It was one of two events we alongside Craig, the board, staff,
70 community leaders representing Health and was directed to all OPAN
addressed across multiple sectors. hosted to mark World Elder Abuse volunteers and other colleagues in
more than 50 organisations. The member organisations. This new role
Awareness Day, and the Attorney- the legal and aged care sectors. I am
The conference came at a pivotal aim was to get broad consensus means that aged care advocates, who
General was the keynote speaker. excited about what lies ahead.
time in Australia’s response to the on key issues in order to create a are not trained to deal with abuse
abuse of older people. With the EAAA provides a national voice for a “blueprint” for government outlining issues that fall outside of aged care, Russell Westacott
issue steadily gaining momentum, growing network of organisations and the community sector’s priorities for can refer a client internally to the Chief Executive Officer,
the conference provided a platform individuals working in elder abuse the national plan to tackle elder abuse. specialist support worker if the client Seniors Rights Service
8 9
ANNUAL REPORT 2017 - 2018
MEET THE TEAM
Pictured above are some of our team from the Sydney office.
Over the page you will see other members of the team, including those from our regional locations.
Russell Westacott Legal Advocacy Volunteer Board as at June 30, 2018 benefits to our clients. We are very Brianne Perera
Chief Executive Officer grateful for the contributions of Carolina Perdulovska
Tom Cowen Pat Joyce Craig Gear, Board President, MBA, BN,
every staff member involved, and
Reception and Intake Manager Legal Service, Manager Advocacy MN (Critical Care), CGA Consulting Holly Schuster
particularly thank the pro bono
Principal Solicitor Kajol Segran
Sue Rogers-Harrison Margaret Crothers Barbara Anderson, BA, MA coordinators for their assistance in
Reception/Administrative Support Jennifer Smythe Regional Coordinator, Advocate/ organising each program. Margaret Small
Margaret Duckett, BSc, MSc (Med),
Assistant Principal Solicitor Education Officer Jenny Templeman
Janette Fitzgerald MScSoc, FAICD The following individual volunteers
Intake Officer Kim Boettcher Solicitor Ray Horsburgh and student interns have also offered Mahishi Wimaladharma
Elaine Leong, BA LLB, BA Comms (Hon),
Advocate/Education Officer invaluable assistance during the year.
Carolina Perdulovska Melissa Chaperlin Solicitor Grad Dip Legal Prac, GAICD Funders
Reception/Intake Kate Kennedy Ashley Dana
Trevor Collier Solicitor David Puls, MBA (Distinction), BBus We gratefully acknowledge and
Social Worker Tony Do
Charmian Powell (Law), Recovering Lawyer thank the following funders. Without
Stephen Etkind Solicitor
Reception Jill McDonnell Jennifer Doria the support of these funding bodies,
Maureen Walsh, Community
Rosalie Gibson Solicitor Advocate/Education Officer Matthew Fernandez Seniors Rights Service would not be
Organisation Support Representative
Mary Hawkins Solicitor Andrew Gouveia able to achieve its goals.
Jenny Samuels
Stella She We gratefully acknowledge the service Commonwealth Department of
Robert Lollbach Solicitor Advocate/Education Officer Kate Kennedy
Financial Controller of Patti Warn and Amanda Terranova, Health
Shanel Tighe who both retired from the board during Arjun Lamba
Bernadette English Nalika Padmasena Solicitor Older Persons Advocacy Network
Advocate/Education Officer the 2017-2018 financial year. Jenny Lin
Finance/Administrative Support Charlotte Steer Solicitor (OPAN)
Education Volunteers and Pro Bono Support Thomas Linnane
Christine Ai Legal Aid NSW
Tim Tunbridge Solicitor
Policy & Quality Improvement Diana Bernard We thank the law firms Baker Christine Logan
NSW Fair Trading
Coordinator, Company Secretary Christine Ai Solicitor Manager Education and McKenzie, Clayton Utz, Hall & Wilcox, Irene Madden
Family & Community Services NSW
Community Services Holding Redlich, and Wotton + Tarun Mahajan
Jane Polkinghorne
Kearney for their ongoing generosity Carolina Mazza
Manager Communications and Media
in providing pro bono support to
Thomas Linnane Lalitha Nair
our organisation. These pro bono
Communications & Media Assistant partnerships provide enormous Halil Ozbeyazli
10 11
ANNUAL REPORT 2017-2018
MEET THE TEAM
At least
25,000people contacted
SENIORS RIGHTS SERVICE
VOLUNTEERS
indispensable that he now works
with us part-time, helping out with
Carolina says: “As I’m the first point of
contact for clients, I’m gaining skills all
weekly pro bono Telephone Advice
Clinic. Some Seniors Rights Service
THE RECEPTION AND
INTAKE TEAM
publications, managing our website the time. I’m able to provide them with clients have been able to benefit from
our team for advice Volunteers are the backbone of If volunteers are the backbone of
our organisation, contributing their and organising events. social support and practise speaking ongoing pro bono legal assistance Seniors Rights Service, the reception
in 2017-2018 with them. from these firms, or from Clayton Utz,
time, enthusiasm and expertise to Says Tom: “Doing media in a and intake team are the heart,
assist Seniors Rights Service staff and our newest pro bono partner. handling at least 100 contacts a
community legal centre is the perfect “Because we deal with elderly
our clients. clients, I know I’m sometimes the first Wotton + Kearney partner Heidi day via phone, email or our website
work experience for my two degrees.
person they’ve spoken to in the day. Nash-Smith says the lawyers and contact page. The intake staff have
In 2017-18, a rich assortment of The work we do here is so interesting
interns who assist with the clinics in initial discussions with new clients
students, lawyers, legal interns, and so important. Even though I So if I have time, I always try to stay
areas such as wills, powers of attorney, then refer them to the appropriate
former staff, and members of the don’t do legal work, I sit amongst on the phone, making even small
guardianship and elder abuse, find the Seniors Rights Service staff
public helped out with legal advice, solicitors and it’s inspiring. If I pursue conversation. Just being able to speak
work invaluable. member, or to an external service
research, media and communications, law, being a solicitor in a community to someone is so important.”
if they need help that we cannot
one-off events, reception and intake, legal centre could be a good avenue, As one intern explains: “Pro bono
In addition to the student volunteers is provide. Reception also provides
and more. because it’s about helping people at forms a useful and meaningful part
the vital pro bono work carried out by administrative support for all Seniors
the ground level.” of a lawyer’s practice and has the
A number of volunteers have gone on a growing number of commercial law Rights Service staff in Sydney and
added benefit of stretching lawyers
to paid employment within Seniors firms, which this year included Baker around NSW. We are very grateful for
Carolina Perdulovska is a 22-year-old outside of their usual day-to-day field.
Rights Service. McKenzie, Holding Redlich, Hall & their work and that of our volunteers.
social work student at the University The clinic provides access to different
of Western Sydney. Her 400-hour Wilcox and Wotton + Kearney.
Tom Linnane, a 20-year-old media types of clients, with different types of
and law student at the University of work placement at Seniors Rights Lawyers from these firms, as well as issues, and it is incredibly rewarding
NSW, began as a communications Service in early 2018 led to an offer two final-year law students, interns to help those who may otherwise go
intern in 2017, making himself so of a part-time reception/intake role. at Wotton + Kearney, assist with the without assistance.”
12 13
ANNUAL REPORT 2017 - 2018
OUR LEGAL SERVICES YOUR RIGHTS YOUR VOICE 14 15 ANNUAL REPORT 2017-2018
OUR LEGAL SERVICES
This year, the legal division of Seniors There has been high demand for DURING THE 2017-2018 Committee, which was set up TOP 15 ISSUES RAISED BY CLIENTS – GENERAL LEGAL SERVICE
Rights Service has again experienced legal services all year, with a distinct FINANCIAL YEAR, LEGAL by Fair Trading NSW to assist
expansion and change. The scope increase after the 5th National Elder SERVICES: with changes to the Act and WILLS AND ESTATES
of our Strata Collective Sales and Abuse Conference in February. Received 2,974 inquiries regulations governing retirement POWER OF ATTORNEY
Advocacy Service expanded to cover Conference-related publicity around villages in NSW in response to the
Referred 752 callers to the most GUARDIANSHIP
all types of strata inquiries, and the the issue of the abuse of older people Greiner report.
service changed its name to become has led to more calls about this issue. suitable service for their needs FINANCIAL ARRANGEMENT
We initiated and drafted the
the Strata Legal Service. Two new These calls tend to involve more Gave legal advice to 1,640 callers CONSUMER LAW
National Association of Community
part-time solicitors were employed complex legal issues that may require
Provided 145 callers with legal Legal Centres (NACLC) submission TRIBUNAL – NCAT ET AL This chart shows
and a new senior solicitor position solicitors to examine documents the 15 most common
information to the Parliamentary Standing
was created. and provide follow-up assistance, ELDER ABUSE (FINANCIAL) legal issues raised
Committee on Health, Aged Care
thus increasing demand on the legal Represented 31 new clients in court, by clients of each
and Sport’s Inquiry into the Quality CREDIT AND DEBT
service. Clients suffering elder abuse tribunal or other matters legal service. Financial
of Care in Residential Aged Care
have benefited from Seniors Rights NEIGHBOUR DISPUTES arrangements and issues
Undertook 172 discrete legal tasks Facilities in Australia. Seniors Rights
Service solicitors being able to work FAMILY LAW concerning wills and estates,
for clients, such as writing letters or Service proposed new legislation
together with our newly appointed enduring powers of attorney
reviewing documents affording aged care residents the TENANCY
social worker to provide integrated and guardianship are the three
same type of rights and remedies as most common issues for the
legal and social support. Worked on 5 law reform projects STRATA TITLE/COMMUNITY TITLE
those enjoyed by tenants of rental general legal service.
Offered multiple legal education properties and retirement villages, LAW/REGULATION/RIGHTS
sessions across NSW (see separate particularly the right to obtain
CRIME
Education Services report) tribunal orders for compensation
or orders compelling an aged care CONTRACT BREACH
We made a detailed submission to
the review of the New South Wales facility to do (or refrain from doing)
Guardianship Act, stating our position a particular thing.
on proposed changes to the law We made a submission to TOP 15 ISSUES RAISED BY CLIENTS – RETIREMENT VILLAGE
that would see a change towards a the Australian Law Reform
supported decision-making model. AGREEMENT/CONTRACT
Commission’s review into
In our submission, Seniors Rights Family Law. We drew the REASONABLE PEACE & COMFORT
Service highlighted the particularly commission’s attention to the
FEES/CHARGES
vulnerable position of older people need for grandparents to be better
who lose capacity late in life. recognised in the family law system TENURE
We noted that the fluctuating nature and also raised the issue of financial REPAIRS AND MAINTENANCE
of age-related dementia combined contributions by a parent to a
with a model where decision- RESIDENT COMMITTEE-RESIDENT’S RIGHTS
child’s home that subsequently
making capacity was assessed on a became the subject of a family law BUDGET
decision-specific basis could enable property dispute.
VACATION OF PREMISES
a dishonest attorney to disclaim
We lodged a submission to SERVICES & FACILITIES
responsibility for decisions that
Consumer Affairs Australia and
would otherwise have been EXPLORING OPTIONS For the Retirement
New Zealand’s consumer law
improper for them to make on Village Legal Service,
review, supporting changes to the MANAGEMENT the most commonly
behalf of the older person.
consumer law so that it covers raised issues are
Seniors Rights Service made two DEPARTURE FEE CALCULATION
more expensive purchases (up problems with the
submissions to the Greiner review to $100,000 from $40,000) and DISCLOSURE, REPRESENTATIONS, PROMISES resident agreement, fees
of the NSW retirement village sector provides better protection to and charges, tenure and
REFUND/RESALE
and is currently participating in the consumers whose items suffer breaches of reasonable
Retirement Village Consultative repeated minor failures, as well as VILLAGE RULES peace and comfort.
16 17
ANNUAL REPORT 2017 - 2018
We provided increased clarity around extended with the pro bono clinic and other
2,740
legal services to
warranties and an extension of
consumer guarantees to cover goods
bought at auction.
legal tasks.
We also gratefully acknowledge
the assistance of the NSW Bar
We continued to maintain our Association, which has helped us
older people contributions to the retirement obtain pro bono counsel for advice
in 2017-18 village and aged care topics in Legal and appearance on behalf of our
Aid’s Legal Topics for Older People clients in Supreme Court and other
2018 Diary. complex matters.
Our pro bono partnerships continue Seniors Rights Service continued its
to prove valuable. Solicitors from strong commitment to community
four commercial law firms – Baker education, conducting sessions
McKenzie, Holding Redlich, Hall & across NSW for a range of groups,
Wilcox and Wotton + Kearney – have including retirement village residents
participated in our weekly pro bono and many culturally and linguistically
to expand our engagement with
clinics. Some of our clients have been diverse groups. Interesting highlights
Indigenous communities, and remain
able to benefit from ongoing pro bono included hosting information stalls
involved with the Good Service Mob,
legal assistance from these firms, at the Mardi Gras Fair Day and
the Community Legal Centres NSW
or from Clayton Utz, our newest pro the Royal Easter Show in Sydney,
Aboriginal Legal Access Program and
bono partner. We have also greatly as well as trips to Albury and the
the Aboriginal Tenancy Advice and
appreciated the assistance of two North Coast to conduct sessions in
Advocacy Service.
interns from Wotton + Kearney. These retirement villages in conjunction
final-year law students come to our with the Retirement Village Residents Jennifer Smythe
offices one morning a week, helping Association. We have also continued Assistant Principal Solicitor
Legal Service Work Type 2017-18 Type of Legal Inquiry Legal Clients Who Identify with a Specific Group Legal Inquiries by Age
Top 15 Issues Raised by Clients – Retirement Villages
Legal Advice 1640
96 and over 1%
Legal Inquiry: Referral 752 CALD 82%
Older Persons Legal Service (OPLS) 2292 86 to 95 14%
Legal Task (Complex) 172 Dementia 12%
Retirement Village 567 76 to 85 33%
Legal Information 145 LGBTIQ+ 2%
Strata 107 66 to 75 38%
Legal Inquiry: Unable to Contact Caller 90 A&TSI 2%
Other 8 56 to 65 13%
Legal Representation: Court Tribunal 22 War Veteran (DVA) 2%
55 and under 2%
Legal Representation: Other 9
18 19
ANNUAL REPORT 2017 - 2018LEGAL CASE STUDIES
CASE STUDY 1 worker has also been involved in this development application until full fire
matter, helping the client come to compliance was effected and certified.
Ron* lives in a strata scheme that
terms with the prospect of moving. The owners’ corporation was also
includes more than 40 lots. The strata
having increasing difficulty in obtaining
committee used money from the
insurance because of the building’s
capital works fund to engage experts CASE STUDY 3
poor condition. Dot complained that,
to provide reports and advice on a Gina* wanted to know how to separate as a pensioner, she could not afford the
collective sale of the entire scheme. from her husband, with whom she levies that would necessarily be struck
The committee engaged three real runs a business, without paying for to cover the extensive work required.
estate agents to provide presentations a lawyer or going to court. Seniors
at an extraordinary general meeting We advised Dot that the work had to
Rights Service warned her of the
(EGM) on finding a developer to buy be done, and that she should vote for
risks of informal and undocumented
the scheme. The EGM was also to the finance option being presented by
arrangements and strongly
vote on a resolution to “consider the the strata committee that would allow
encouraged her to see a specialist
facilitation of the sale of the lots in the the longest payback time and come
family lawyer. We explained that
strata scheme on a collective basis...” to an arrangement about paying in
this way, all financial arrangements
instalments. We suggested she seek
Seniors Rights Service advised Ron around the separation could be
financial advice on whether a reverse
that unless 100 per cent of lot owners checked and made binding through
mortgage or the Centrelink Pension
agreed to any future proposal for a court orders and title transfer. We
Loans Scheme would be a suitable way
collective sale as put by an as-yet- told Gina that some lawyers will help
to raise the money she needed.
unidentified developer, the owners’ clients resolve their family law matters
corporation of the strata scheme through collaborative practice. This
and the developer must comply with is the process of choice when neither CASE STUDY 5
the provisions of the Strata Schemes litigation nor mediation quite fit the
Cath* rang because she was worried
Development Act 2015, which sets bill. It is a dispute resolution process
about the price she was being offered
out a lengthy and detailed process in which the clients and their lawyers
for her home of 30 years, which was
for collective sales. We told Ron that, enter into a contract (participation
subject to a collective redevelopment
considering he had said there were agreement) to negotiate an outcome
proposal. The suggested price given
at least five lot owners who were without resorting to litigation. We
for her unit would not be enough for
against any collective sale, he and referred her to the collaborative
her to find somewhere equivalent.
they should ensure they attended practitioners list available through the
Seniors Rights Service reviewed the
the EGM in order to vote against the Law Society of NSW.
documents Cath provided and advised
proposed resolution. her that the minutes of the last meeting
CASE STUDY 4 of the owners’ corporation showed
CASE STUDY 2 Dot* lives in a 1960s block of 20
approval for the costs of independent
legal advice and independent valuation
Seniors Rights Service has been units. The block had not been well
were to be met by the developers. We
providing a great deal of assistance maintained and was literally falling
told her this meant she could get her
to a client who is a long-term apart. It needed major repairs to
own valuation done at the developer’s
resident of a retirement village that common property, including all
cost, and referred her to several private
is subject to redevelopment. We exterior windows and ground-level
lawyers specialising in this area of strata
have assisted in negotiations with garages. In addition, considerable
law. Our caller was able to choose a
the village operator, who has agreed work was needed to ensure the fire
lawyer to protect her interests.
to fund accommodation in a nearby safety compliance of the interior doors
retirement village for the client, as well and windows facing into the only *All client names and identifying
as cover the cost of packing, removals stairwell. This was essential as the local details have been changed to
and new furniture. Our social support council had refused to approve any preserve confidentiality.
20 21
ANNUAL REPORT 2017 - 2018LEGAL CASE STUDIES
CASE STUDY 6 concerned that they may have been CASE STUDY 9
shredded. We advised him to write to
John* was provided with a disclosure Angie* rang seeking information
the bank officer concerned and if this
statement by an onsite sales about what help her mother could
did not resolve the situation, to follow
representative when he made obtain. Her mother had authorised
up with a complaint to the bank’s
inquiries about moving into a her other daughter, Jessica*, to be
complaints team and the Financial
retirement village. That statement said a signatory on her bank account.
Ombudsman Service.
that various facilities, including Unfortunately, Jessica had a drug
an in-ground swimming pool, would We also explained that he could addiction and withdrew large sums
be provided as the staged contact NSW Land Registry Services from her mother’s account in $2,000
development proceeded. to find out how much it cost to get a and $3,000 lots, and spent the funds
copy of the deeds, then ask the bank on drugs. Angie said her mother did
John and his wife moved into the
to pay the costs of replacement, if they not recollect signing the authority.
village. One of the reasons they chose
confirmed that they had destroyed his
that village was because they were Seniors Rights Service said that when
original deeds.
regular swimmers and wanted the a person with capacity has voluntarily
convenience of a pool onsite. signed an authority without duress or
CASE STUDY 8 undue influence, there is no remedy
The swimming pool was supposed
A long-running case for a group of against the bank, since they had acted
to have been constructed some
eight clients was successfully settled. within the terms of the authority.
five years ago. Eventually, following
They had found contradictory terms The only remedy would be if the
ongoing correspondence from John
in the retirement village management mother had made it clear to Jessica
and other residents, and then from
agreement and the disclosure (preferably in writing) that access to
Seniors Rights Service on behalf
statement. Calculating the deferred the account was given solely so she
of John, the operator advised it
management fee (payable on could spend funds in her mother’s
did not intend to construct the
departure from the village) according best interests. Then the mother could
swimming pool.
to the management agreement pursue a debt recovery action against
Our service prepared an application Jessica for misappropriation of funds.
resulted in a fee that was almost three
to the NSW Civil and Administrative We also noted the possible futility of
times as much as if it was calculated
Tribunal (NCAT) for an order seeking taking action against people, such as
according to the formula in the
compensation for John for the lack of Jessica, who have little or no money
disclosure statement.
the promised pool. or assets.
All the clients are still living in the
village, so have not yet been charged
CASE STUDY 7
the fee. However, they were concerned
Arthur* wanted the return of the that they might be charged the higher
physical deeds of title that he handed fee on departure.
over to the bank when he guaranteed
The village operator eventually agreed
a loan for his daughter. When the
to issue settlement letters stating that
deeds were given to the bank, they
the deferred management fee would
were accompanied by a letter from
be calculated in accordance with the
Arthur insisting that the physical deeds
disclosure statement.
eventually be returned to him, as they
were essential to historical research
he was undertaking. Arthur’s daughter
repaid the loan and his guarantee
was never called upon, but the bank *All client names and identifying details have been changed to
did not return the deeds. Arthur was preserve confidentiality.
22 23
ANNUAL REPORT 2017 - 2018OUR ADVOCACY SERVICES YOUR RIGHTS YOUR VOICE 24 25 ANNUAL REPORT 2017-2018
OUR ADVOCACY SERVICES
Seniors Rights Service provides Under the national umbrella of Older the South Coast and Mid-North Coast OUR ADVOCACY WORK - QUICK FACTS
aged care advocacy to people People’s Advocacy Network (OPAN) regional staff, we are fast approaching
receiving Commonwealth-funded over the whole year, we have found equity for all seniors accessing aged
We provided Advocacy Total 1835
3,494
aged care services. Our advocates our national voice as we work with our care services areas around the state. In Advocacy cases 779
support, inform and defend the sister National Aged Care Advocacy the second half of 2018, we have a new Complex advocacy cases 11
rights of older people so they feel Plan (NACAP) services. This will position in the South West and another Advocacy inquiries 993
empowered to speak up about greatly extend our reach with OPAN in the Far North Coast of NSW. Older advocacy services to Social support 52
their care and services, in order initiatives and nationally available people receiving care and services, recipients of aged care Information Total 1131
to improve those services and the resources. Seniors Rights Service or needing to know about rights and in 2017-18
recipients’ quality of life. Looking has been very willing to share our choices they have with home care or General inquiries Total 528
back over the year, I am pleased that expert knowledge of advocacy and residential care, will be able to receive
Education Total 954
our committed advocacy team has input when requested. All advocates more face-to-face advocacy and be
Sessions for residents & 312
continued to provide high-quality participated in a capacity-building more easily able to attend regular
representatives
assistance to the older people of workshop in February after the 5th education sessions while still in the
telegraph and aged care providers Sessions for residential staff 127
New South Wales. The team of six National Elder Abuse Conference. With community so they can be aware of
have heard of our expansion into Home care services recipients 76
will expand to eight by the end of other NACAP members, we explored options for their futures.
regional areas and tell us they are Home care services staff 60
2018, enabling us to meet the needs how consistently we delivered services
The growing advocacy team is excited they will have advocates close Community 161
of even more vulnerable people. across Australia, discussed the NACAP
now supported by Margaret Crothers by to assist their care recipients to Cold calls to aged care services 58
We are also confident we can easily work plan and the new initiatives
as Regional Coordinator. Her address issues before they become Promotions 160
reach our new targets for the next already in motion from new elder
knowledge and experience in the too complex. This includes more
reporting period. abuse funding through OPAN. Referrals to: Aged care service provider 567
field has been invaluable in training regular education sessions for
With an advocate employed in the the new advocates working remotely. residents and their families ACAT 32
Central West region in February joining News travels fast on the rural and representatives. Carers NSW 24
Dementia Australia 4
Elder Abuse Helpline & Resource Unit 23
Centrelink 91
Community service 104
Community Legal Services 50
Referrals from: My Aged Care 265
ACAT/Allied Health 153
Aged care provider 56
Elder Abuse Helpline & Resource Unit 36
Referrals to Aged Referrals to 164
Care Complaints Referrals from 81
Commissioner
26 27
ANNUAL REPORT 2017-2018Advocacy Work Types 2017-18
TOP FIVE We have also welcomed families, as well as to staff who are in a be empowered and make their own
CLIENT CONCERNS Kate Kennedy in the position to identify when a resident is decisions. These resources will be
new role of social not happy with a part of their care, but included in the new Quality Standards,
1. Access to services support for older people is reluctant to speak up. Advocates Empowering Clients for Self-Advocacy
and aged care services will be
2. Financial issues experiencing or at risk provide support to raise issues and assessed on these from July 2018.
Assisted Advocacy
Representation and Face-to-Face
3. Quality of care of abuse (see Social to have them addressed. Aged care
4. Human and Support Services box). providers are not able to address We have met regularly during the
year with the Aged Care Complaints
consumer rights This service resulted from issues if they are not raised, and many
OPAN funding for a pilot older people are afraid to rock the Commissioner’s NSW manager and
5. Duty of care the Australian Aged Care Quality
from January to June 2018. boat or make a formal complaint.
The service offers a range of Care staff have a key role to play in Agency, and attended Department of
social work interventions in a ensuring quality care is provided and Health community liaison meetings.
multidisciplinary model across the care recipients’ rights are upheld. We At these meetings, we raise trends
organisation. We are pleased to are pleased that so many aged care in issues affecting clients, including
Advocacy for Special Needs Groups
see the role being funded into the managers refer their clients to us for waiting times for receiving home care
next financial year. advice and support. packages, lack of transport in rural
Advocates have been available to We have continued to contribute to areas for medical, social and cultural
support residents and their families the Cognitive Decline Partnership reasons, and staff skills and quality
whose aged care homes have been Centre project, which has now of care. We have received more calls
seen as failing to meet the standards published three resources for this year about unfair agreements
Aboriginal/Torres Strait Islanders 18
expected by government and the community members and aged and fees, not receiving monthly Culturally Diverse 165
community. We are now in a position care staff on supported decision- accounts and questions around whose LGBTIQ+ 5
Veterans 10
to provide more regular education making. These tools clarify their responsibility it is to monitor annual
Regional/Rural/Remote 682
sessions to care recipients and role in supporting older people to and lifetime caps on home care fees. Care Leavers
NB: Some clients identified as belonging to
more than one special needs group. 2
Advocacy Client Types
Residents of Aged Care Homes 915
Residential Respite 72
Prospective Recipients 391
Previous Recipients 5
Home Care Recipients 619
28 29
ANNUAL REPORT 2017 - 2018582
clients
Regional/Rural
582
clients
OUR SOCIAL Aged Care Advocacy
Geographical Areas
SUPPORT SERVICES Aged Care Education
Remote Metro Geographical Areas
32 196
We have continued to meet with the A pilot program to scope the sessions sessions
Aged Care Roundtable to promote development of a social support service Remote
Metro Metro
quality of care and standards to at Seniors Rights Service began in 10 Regional/Rural
1,160
Remote
196
clients
151
clients
32 sessions
all aged care recipients. January 2018. The program employed sessions
More than a social worker, Kate Kennedy, to scope
sessions
25%
In the office, we have Regional/Rural
the delivery of a social support role Regional/Rural
151
contributed to the 582 sessions
within the organisation to assist older clients
Quality and Community
clients with complex needs who were
Engagement working
experiencing, or were at risk of, abuse.
group, reviewing and
of advocacy services Some of the outcomes of the pilot were: Metro
updating our policies; and 33
to the Reconciliation Action provided were to • Scoping the development of a
Regional
/Rural clients
19
Plan Advisory Group, as well people in our priority multidisciplinary service model in clients Metro
as ensuring that all staff are Seniors Rights Service to allow for a Regional 33
“trauma informed”.
populations more supportive service response Social support for older people at risk of,
/Rural clients
or experiencing, abuse 19
to elderly clients at risk of or clients
Advocates have continued to experiencing abuse
meet regularly with elder abuse
Metro
prevention networks across the state, • Development and trial of an internal ADVOCACY
Remote ISSUES RAISED BY CLIENTS
32 196
and contribute to projects under referral pathway for the role sessions sessions
the guidance of the Elder Abuse out of sight to us and the many Abuse, harassment, intimidation 17
• Delivery of a range of social work
services which may benefit them. We Regional/Rural
Helpline & Resource Unit and local interventions including psycho/social Access to appropriate care
151 284
community service professionals need to build trust and relationships assessment, case work, counselling sessions
Care options 73
who understand their communities with these groups locally and and referral services
regionally – Aboriginal, culturally Advocacy 165
and their needs. These groups
diverse, war veterans, LGBTIQ+ • Development and trial of an evaluation Agreements 89
provide access to minority groups
communities, care leavers, and rural tool to capture impact of the service
and communities at risk, and their Assessment 18
and remote communities. for clients
members provide a valuable source Assets/income assessment/pension 272
of referral. For those aged care providers who • Provision of social work interventions Metro
to 52 clients from January to June 2018
Regional 33
Alternative decision making 58
Advocates and the rest of the service do not feel independent advocacy /Rural clients
is of any assistance to them or their 19
Financial hardship 14
have provided elder abuse-focused • Identification and development of key clients
education sessions to community and residents, we say we are now in your partnerships and stakeholders Tenure 22
professional groups, including Aged neighbourhood and ready to assist. for referrals. Behaviour management 8
Care Assessment Teams, Regional Let’s not wait for a formal complaint,
Seniors Rights Service is pleased to Individual care planning/choice 80
Assessment Service, culturally and but intervene early and remember
report that this role will continue to be a
the assistance of advocates is Complaints 184
linguistically diverse community part of our service response, following
leaders, at community aged care always available. Duty of care 93
the positive impact of the pilot program.
forums. This has built on the Our thanks must go to the board, Communication 15
momentum of the 5th National Elder CEO Russell Westacott, our fellow Critical incidents/falls 9
Abuse Conference hosted by Seniors managers, reception and intake
Rights Service in February. Calls to the people, solicitors and volunteers, Food and nutrition 15
service saw a significant rise in the supporters and collaborators for
During the pilot, Human and consumer rights 102
months following the conference, as their tireless work in promoting and our social worker Medications 13
awareness was heightened in delivering valuable services to more assisted more than
Quality of health and personal care 199
50
the community. vulnerable Australians.
Transport 11
Next year we will focus on the Pat Joyce
special-needs groups who remain Manager Advocacy Environment 13
people with abuse
issues
30 31
ANNUAL REPORT 2017 - 2018REGIONAL ADVOCACY REPORT
Our aim is to reach as many of The Central West NSW advocacy service, based in Mollymook, and CENTRAL WEST NSW The Central West NSW service covers • Extensive travel, with 49 information
our target audience as possible service based in Dubbo began the Mid-North Coast NSW service, SHANEL TIGHE the local government areas of Dubbo, sessions delivered at aged care
around the state, so it was with operation on February 1, 2018 when which works out of Port Macquarie. Midwestern Regional (Mudgee), facilities, senior citizen’s groups,
great excitement that our regional we welcomed Shanel Tighe as the Both regions are popular retirement Coonamble, Warrumbungle Shire men’s and women’s sheds and CALD
advocacy services expanded from new Seniors Rights Service advocate/ destinations, with large populations (Coonabarabran), Parkes, Gilgandra, groups in Dubbo, Kandos, Parkes,
two to three in 2017-18, thanks to new education officer for the region. aged over 65. Narromine and Warren. Coonamble, Orange, Wellington,
national funding arrangements. Coonamble Molong, Yeoval and Coonabarabran.
As a new service, the focus in the In 2018-19, two more advocates are Around 17.5 per cent of the population
first five months of operation being added: South West NSW, based Warren Coonabarabran in the Dubbo state electorate is aged • A successful stall at the Dubbo
was on promoting awareness of in Wagga and providing access across Gilgandra 65 or over. Neighbourhood Centre Seniors Expo
Seniors Rights Service in the region, the Riverina, and Far North Coast Narromine in April.
Dubbo Highlights
and establishing and building NSW, based in Lismore. Wellington • A presentation at the Coonabarabran
relationships within the aged care Yeoval Mudgee • Interagency meetings in Dubbo,
The new regional services will Molong Volunteers Morning Tea in May.
sector and with local communities, Kandos
Mudgee, Coonamble and Wellington
substantially improve our statewide Parkes
particularly Indigenous people, Orange with home care providers, Aboriginal • A presentation at the Australian Unity
reach and allow us to greatly expand
who make up 13.2 per cent of and youth organisations, disability Aboriginal Expo in Dubbo in June.
our face-to-face support for people
the population of the Dubbo advocacy groups and other
seeking advocacy services across
region. Shanel has proved to be a welfare groups.
the state
powerhouse in her region and has • Aboriginal elders meetings in Dubbo
been a most valuable addition to the Margaret Crothers
and Orange, attended by a total of
Regional Coordinator
47
advocacy team. around 30 people.
The Central West NSW service has
joined the existing South Coast NSW
advocacy services provided
49
education sessions
1,697
people attended
32 33
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