Abuse and neglect of vulnerable adults in NSW : the need for action

Abstract

A Special Report to Parliament under section 31 of the<br/ >Ombudsman Act 1974<br/ ><br/ >"In July 2016, the Ombudsman's office commenced a standing inquiry under section 11(1)(e) of the Community Services (Complaints, Reviews and Monitoring) Act 1993 to examine and<br/ >respond to allegations of abuse and neglect of adults with disability in community settings, such as the family home.<br/ >We started the inquiry:<br/ >* in recognition of the seriousness of the increasing number of matters that were being reported to us that raised concerns about the safety and welfare of adults with disability in the community, and<br/ >* in the absence of any other agency with the powers to investigate allegations that do not reach a criminal threshold or that otherwise require a coordinated interagency response. <br/ ><br/ >Our actions in response to the reports typically involve undertaking inquiries with agencies that are currently, or have recently been, involved with the alleged victim; checking available intelligence on relevant parties (including police and child protection databases); bringing agencies together to facilitate the exchange of relevant information, discuss the existing risks, and agree on necessary actions; and monitoring the implementation of the agreed actions.<br/ ><br/ >The standing inquiry has enabled our office to test, in a very practical sense, what needs to be done to provide an effective interagency response to these matters. Our handling of the<br/ >206 reports has highlighted that providing an effective interagency response can be relatively straightforward – provided that the agency taking the lead role has access to the right information, adequate powers, and the cooperation and support of key government and non-government stakeholders.<br/ ><br/ >However, the Ombudsman's standing inquiry is a temporary measure, and will cease on 1 July 2019. In addition, there are critical gaps that are not addressed by the standing inquiry. In<br/ >particular, we do not have the power to enter private residences to gain direct access to the alleged victim, and we are not competent or compellable to provide information to NCAT. The standing inquiry also does not encompass elder abuse."