This Procedure is the current procedure of Eventide Homes (NSW) and may be varied or set aside at any time by the company
Date: 25/01/21 Issue #: 1
Description
Eventide has guidelines for all employees regarding retirement Village Elder Abuse.
Purpose
The purpose of this document is to explain the procedures relating to retirement Village Elder Abuse (ref Reg 2017 3A part 2(10).
Scope
The following guidelines shall be adhered to by all managers, supervisors and employees.
Policy
Elder Abuse or ill treatment of residents is unacceptable and will not be tolerated under any circumstances. Eventide Homes (NSW) will take all appropriate actions to safeguard residents from ill treatment abuse for the duration of their residence.
Definitions
Elder Abuse has been defined by the World Health Organisation as ‘a single or repeated act of harm, or lack of appropriate action, occurring within any relationship where there is an expectation of trust which causes harm or distress to an older person’.
Elder abuse can take various forms, including: financial, physical, psychological, emotional and sexual abuse, or neglect. Abuse may be intentional or unintentional. No older person should be subjected to any form of abuse.
Abuse is a serious crime and contravenes basic human rights.
Psychological (Emotional) Abuse
Behaviour that causes mental or emotional suffering, isolation, fear of violence, deprivation and feelings of shame and powerlessness. Examples include demeaning, name‐calling, treating the resident as if they were a child and I or insulting, frightening, humiliating, intimidating, threatening or isolating them.
Physical Abuse
The infliction of physical pain, injury or force including sexual assault. Examples include physical acts such as hitting, slapping, punching, pushing, burning, restraint, and misuse of medications. Physical indicators may include bruising, lacerations, abrasions, burns, sprains, dislocations, fractures, hair loss and pressure injury.
Sexual Abuse
A range of sexual acts where the victim’s informed consent has not been obtained, where the person does not have the mental or physical capacity to provide consent, or where consent has been obtained through coercion or deceit. Sexual abuse may also include inappropriate touching that causes a person to feel violated or distressed. Indicators of sexual abuse may include trauma to the genital area, rectum or mouth, the presence of sexually transmitted infections, human bite marks, and anxiety around the perpetrator.
Financial Abuse
The illegal or improper use of a resident’s property, finances and other assets without the informed consent of that person. This includes misuse of power of attorney, forcing or coercing an older person to change their will, unexplained disappearance of possessions, and lack of funds for food, clothing or other essential means of living.
Neglect
The failure to provide or allow others to provide an older person with the basic necessities of life, including inadequate food, shelter, clothing, medical, personal care or dental care. Neglect may also involve the refusal to permit others to provide appropriate care of the older person. Indicators of neglect may include dehydration, malnutrition, poor skin integrity, inappropriate clothing, poor hygiene, unkempt appearance, and/or absence of required aids.
Social abuse
Including preventing an older person from having social contact with friends or family or access to social activities. It includes restricting support from friends and family members, restricting telephone use, screening calls, preventing the older person from socialising or meeting with neighbours and leading the older person to believe erroneously that their friends or family are interfering.
Risk Factors
Abuse can happen to anyone. However, there are a number of known factors that may increase a person’s vulnerability to abuse including:
The complex and often dynamic environment in which abuse occurs, including interplay of individual, interpersonal, community and social factors, make it difficult to identify and determine all factors associated with the abuse of older people. There is no single type of older person who is at risk, and no single type of person who may cause harm.
Reporting of Elder Abuse
All Eventide Homes (NSW) company members, board members, staff and contract partners acting on behalf of Eventide Homes (NSW) have a duty and responsibility to take reasonable care to prevent a resident from being abused. It is important that we all consider consent, capacity, confidentiality, and reporting obligations when determining the appropriate response and support for older people who are being abused.
The internal reporting of any acts of abuse is compulsory, whereby the following procedure shall be followed:
Procedure
This organisation will provide best practice support, referral, and notify the police in a timely manner (within 24 hours)
Reportable Assaults can include:
3. The Village Manager shall record all details of the incident in the residents file. including the provision of a factual account of their concerns recording the specific words the resident used, and details such as who was present, the date and time of the abuse, what actions were observed and/or heard. Record if Emergency Services were called.
4. All suspected or witnessed cases of abuse must then also be immediately reported to the Board Member responsible for dealing with Elder abuse (see attachment 1) who will with the Village Manager implement the counsel received from the Elder Abuse Helpline and Resource Unit, and will conduct further assessment of the situation, in consultation with the reporting person, the resident and / or their support representative (providing they are not the suspected abuser and the resident has given permission to contact such a person).
The interest, safety and protection of the resident victim shall take precedent over those of the victim's family or other members of the community.
The resident will be encouraged to make their decisions based on information about all relevant intervention options available to them to address the situation of abuse.
5. Mandatory Reporting
Incidents involving physical and or sexual assault, theft or fraud are criminal offences and the Village Management and staff must ensure that all residents understand the seriousness of these crimes and of the need to protect the rights of residents. All such incidents shall immediately be reported to the police
6. Additional Information and Cautions
Appropriate support and assistance from Eventide Homes (NSW) resources and external agencies shall be provided to residents who have experienced abuse. This may include intervention by the police, advocacy agencies, the Elder Abuse Hotline, counselling organisations, the guardianship tribunal and other relevant bodies during investigations into alleged client abuse.
7. Training
Village Management, staff will receive information on the identification and management of resident elder abuse situations as part of ongoing training and education.
See Appendix A for flow chart of elder abuse response process.
Residents Rights
The right of the resident to nominate an advocate to represent their interests in any abuse assessment or intervention shall be respected. In the instance where a resident may have diminished capacity and has no nominated substitute decision maker (it may be prudent) to seek guardianship through the Office of The Public Trustee and Guardian
Disciplinary Action
Failure of Village management and staff to respond to suspected or witnessed resident abuse will be considered negligence and legal liability and employee dismissal may apply if injury or damage is caused by this negligence.
Legislation and Resources
Legislation listed is not exhaustive and Acts and Amendments are as legislated on the day this policy was authorised.
Retirement Villages Act 1999 (NSW)
Retirement Villages Amendment (Rules of Conduct for Operators) Regulation 2019 [NSW]
Schedule 1 Amendment of Retirement Villages Regulation 2017
NSW Elder Abuse Toolkit: www.elderabusehelpline.com.au/for‐professionals/EAHRU‐toolkit
Board Member responsible for Elder Abuse Support
Ms J Ackland
Eventide Homes (NSW)
967 Henry Lawson Drive Padstow Heights NSW 2211 Phone: (02) 9773 9646
Acknowledgment of Country
Eventide Homes NSW acknowledges the First Nations Peoples, the original custodians of the lands, waters, skies and communities in which we live, work and serve. We value their enduring connections and recognise their role as Traditional custodians of the oldest living culture.
In the spirit of reconciliation, inspired by the Gospel of Christ Jesus, who by example showed grace to all, especially the marginalised and disadvantaged. We are committed to a united country where all people are treated with dignity, respect and with equal empowerment and opportunities.
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