The New Serious Incident Response Scheme and the Responsive Regulation of Abuse in Aged Care.

In response to criticisms of the reporting criteria for abuse in aged care that were aired in the Australian Law Reform Commission's Report into Elder Abuse and more recently, the Royal Commission into Aged Care Quality and Safety, a new Serious Incident Response Scheme (SIRS) came into effect in April 2021. The new SIRS expands the definition of elder abuse and removes the exemption for reporting resident on resident abuse where the perpetrator has a diagnosed cognitive impairment. The Aged Care Quality Commission has outlined a comprehensive plan for the new SIRS in line with their model of responsive regulation. This article questions the extent to which the new scheme will improve regulation of reporting and management of resident-to-resident assaults, and reduce abuse in the aged care sector if not accompanied by improvements in the staffing levels and working conditions for the aged care workforce.

Capacity and Vulnerability: How Lawyers Assess the Legal Capacity of Older Clients.

This article presents the findings of a research project that examined the Capacity Complaints investigated at the New South Wales Office of the Legal Services Commissioner between 2011 and 2013. The article outlines a tripartite theory of vulnerability to demonstrate the potential for lawyers' capacity assessments to increase the vulnerability of older clients with a cognitive impairment. The Capacity Complaints are then analysed, highlighting where reported practice falls short of the prescribed guidelines. The article concludes with recommendations for more consistent and rigorous guidelines and improved legal education to protect the human rights of older people.