Retirement village operators have a responsibility to identify and report elder abuse in their villages, says Robert Fitzgerald AM, the outgoing head of the NSW Ageing & Disability Commission.

Village operators need to train their staff in detecting the early signs of elder abuse – waiting for it to happen is too late, Mr Fitzgerald has told James Wiltshire, the Executive Director of the DCM Institute – which provides professional development for Village Managers and head office staff – in an exclusive interview.

The NSW Ageing and Disability Commission (ADC) was established in 2019 and promotes the rights of older people and adults with disability to live free of abuse in their family, home and community.

Early on in its establishment, the Commissioner – soon to take on a new role as the Age Discrimination Commissioner – had addressed retirement village operators, warning that they would be held responsible for elder abuse in their villages.

Five years on, the Commissioner says there is now awareness in the sector that elder abuse is a real problem in communities, including retirement villages.

As we reported in our previous issue, in 2022-23, its Ageing and Disability Abuse Helpline received 4,258 statutory reports about allegations of abuse, 75% of which (3,207) related to older people.

The largest proportion of these reports (20%) related to people aged 80-84 with the most commonly reported types of abuse being psychological abuse and financial abuse by someone they know.

But ‘awareness’ is not enough, said Mr Fitzgerald.

“You have to put in strategies that reduce the risk so if there is a likelihood of harm, there is somewhere to go.”

“I think it’s simply bad business if you have a retirement village where abuse exists and it’s not dealt with quickly and appropriately.”

NSW village operators must have Elder Abuse Prevention Strategy in place

Under Rule 10 of the Rules of Conduct for NSW retirement village operators, operators must prepare an Elder Abuse Prevention Strategy.

This Rule also requires that Village Managers are trained in the Strategy so they know what steps to take if they do identify elder abuse in their village.

“We’re not trying to say that residents or staff should become experts in identifying what abuse is,” said the Commissioner. “That’s our job. “

“What we say is that if you are genuinely concerned about what you see, if you fear that somebody is being unduly influenced, if you believe that a relationship is forming that has elements which are more than just friendship or support, that’s the time to act.”

“If you leave it too late and you wait until you are absolutely certain that abuse occurs, it’s too late.”

Risk that Fair Trading will step in and impose penalties for non-compliance

Anyone, including Village Managers, residents and staff, can contact the NSW Ageing and Disability Abuse Helpline for information, support or to report suspected abuse on 1800 628 221 (Mon-Fri, 9-4pm).

The Helpline received over 14,000 calls last year – a 12% increase – with a 7% increase in statutory reports.

But village operators need to support their staff and residents to be able to ask for help, added Mr Fitzgerald.

“The staff need to feel safe to raise concerns. Residents also need to feel safe. If they think the staff or the operator won’t take the issue seriously or worse, will treat them in a negative way – and that does happen – they won’t come forward.”

The Commissioner warned that the Department of Customer Service is currently identifying how to strengthen the Retirement Village regulation to make sure protections are in place for residents.

What is his advice to operators?

Download a copy of the Commission’s 24-page guide for village operators on how to meet Rule 10 and implement your Elder Abuse Prevention Strategy now if you haven’t already done so.

“I’m confident we’re on the right path working together, putting out material that can support and help retirement villages, but every operator of every retirement village in New South Wales has a responsibility to proactively implement those safeguarding arrangements, which will make a difference.”

Secondly, educate your staff and residents.

“The most important thing of all is to create a safe environment where abuse is just not tolerated,” concluded Mr Fitzgerald.

“It’s like bullying in schools. If schools don’t control bullying, that is the seed that actually destroys the safety of a school. Some do it well and others have done very little and they have paid the price.”

“In my view, elder abuse is similar. If you pay attention to it, you can get on top of it. You won’t eliminate it, but it will go a long way towards creating a safe environment and a safe culture [and that] is good for residents and good for business.”