Recommendation 38: The Australian Government implement a nationally
consistent supported decision-making framework. Governments ensure
supports are provided to people with disabilities to exercise their legal
capacity and exercise free and informed consent.
Recommendation 39: The Australian Government work with state and
territory governments to adopt uniform legislation prohibiting, in the
absence of the free, prior and informed consent of the person concerned:
the sterilisation of adults and children with disability; and the
administration of contraceptives and abortion procedures on women and
girls with disability.
Recommendation 40: The Australian Government ensure that national
policies to reduce violence against women and children prioritise disability.
10
Older persons
Relevant provisions of the CAT: Articles 2 and 16
146. Elder abuse, in many various forms, is a fundamental human rights issue
faced by many older people and is presenting a range of complex challenges
for the Australian community. In 2019–20, residential aged care services
reported 5718 allegations of assault under the mandatory reporting
requirements of the Aged Care Act 1997 (Cth).226 In the same year, a further
27,000 to 39,000 alleged assaults occurred that were exempt from
mandatory reporting because they were resident-on-resident incidents.227
147. The Commission welcomes the National Plan to Respond to the Abuse of
Older Australians (2019–2023),228 and the findings of the Royal Commission
into Aged Care Quality and Safety, which highlight the importance of a
rights-based approach to the aged care system.229 The Commission also
draws attention the Australian Law Reform Commission’s 2017 report, Elder
Abuse—A National Legal Response, which itself recommended a national plan
on elder abuse, alongside a number of legislative reforms to institute
safeguards and improve oversight.230 The Commission encourages the
Australian Government to fully implement the priorities outlined in the
National Plan, alongside Australian Law Reform Commission and Royal
Commission recommendations.
148. A disproportionate number of deaths from COVID-19 occurred in
residential aged care facilities.231 In December 2020 Australia's COVID-19
death rate in residential aged care facilities was ‘among the worst in the
world’.232 Approximately 30% of Australia's total COVID-19 related deaths as
of April 2020 were among aged care residents. 233 This was compounded by
36