You may not be aware, but last month a new bill was passed in Queensland introducing changes to the state’s Criminal Code around crimes against two of our most vulnerable groups: children and older people.
The Criminal Code and Other Legislation Amendment Bill 2019 has expanded the definition of murder to include “death…. caused by an act done, or omission made with reckless disregard to human life”.
The bill also now treats “failure to supply the necessaries of life” as a crime, rather than a misdemeanour, with the maximum penalty increased from three years to seven years’ imprisonment.
While the changes are directed at curbing child abuse, lawyers say they can equally be applied to failing to care adequately for an older person – and this is already happening.
In a very sad story from earlier this week, a carer was charged over the neglect and mistreatment of a 77-year-old Brisbane woman – who was admitted to hospital after paramedics were called to her home to find her in cardiac arrest.
Hospital staff raised concerns over her treatment and other injuries, leading police to charge her 56-year-old carer with grievous bodily harm and “failing to provide the necessities of life” in line with the new laws.
Weighing up dignity of risk versus duty of care
We support any measures that provider greater protection to older Australians.
But there are concerns too that the changes could see aged care and home care providers charged if a resident or client is killed or injured under their care.
One example that has been raised is if an aged care resident living with dementia took a walk outside and was accidentally hit by a car and killed, the home’s provider could be held responsible.
But under the new Aged Care Quality Standards – which start less than a month from now on 1 July 2019 – the first Standard on Consumer dignity and choice requires that each resident is supported to take risks to enable them to live the best life they can.
Providers must respect and support residents’ wishes – even if that wish puts them at risk of injury. At the same time, staff still have a duty of care to provide residents with safe and effective services and supports.
It’s a tricky issue that our providers, staff and families will have to navigate as the new Standards roll out.
It is possible we will see some ‘bad stories’ where an older person has been injured or passed away doing an activity that they want to do.
The good news is that residents will have more freedom and choice under the new Standards – which is what we all want to continue to have as we get older.
You can find out more about the new Standards here.
