Question for Anyone

Question for Anyone

As far as I can tell, there is no legal definition of duress towards the disabled or elderly in Australian law, unless it concerns an institution.

What this means is a disabled or elderly person may be subject to any form of duress -- physical, financial, and/or emotional -- so long as it is done within a household, or by family or friends.

Family, friends, or roommates may freely abuse any disabled or elderly person legally for any purpose. Even if the person is physically abused or assaulted, it is still only a civil matter. Family, friends, or roommates may even steal from a disabled or elderly person, and the law considers it a civil matter.

The s 79(a) of FL 1975 refuses to be tested on the grounds of (male) disability, either physical or mental. In fact, mental disability is even more foreign to the concept of s 79(a). The only duress that I have found mentioned relates to women under duress as a reason to refuse an appeal.

The duress that a man may feel from any direction is ignored wholly. Even more so, a disabled man is not even mentioned.

The Disability Ombudsman is limited by charter to essentially an IR role; as is the Human Rights Ombudsman. That means both Ombudsmen offices deal only with institutional vs individual issues; individual vs individuals (or groups) is not within their charters -- at least in Victoria.

Neither Ombudsman office can affect so much as a complaint against the actions of the judiciary.

Essentially, it is legal in Australia to abuse, threaten, intimidate, or even strike and steal from the disabled and elderly, so long as you are not a company or institution and are within their home, family, or associated with the family of their partner.

If anyone has ever wondered why such seemingly strange charges are brought against nursing homes, care homes, and hospitals when they are neglectful or abusive towards their patients or residents, this is essentially the reason.

Although women are protected against someone so much as raising a voice in response to any action, the disabled and elderly are not protected under law in any way in Australia -- even if they are wards of the state and completely incapacitated.