Elder abuse orders are now available in the Magistrates Court.
From 1 October 2020 the criminal division of the Magistrates Court has jurisdiction under Part 4 Division 6 of the Ageing and Adult Safeguarding Act 1995 (‘AASA’) in respect to applications by the Director of the Office for Ageing Well for orders preventing elder abuse, as specified in s 33. This extends to varying such an order, as well as proceedings for alleged contraventions of elder abuse orders.
Section 31 of the AASA provides that if the director reasonably suspects that a vulnerable adult is at risk of abuse and that orders are necessary and appropriate to either protect them or allow further investigation, then the director may apply to the Magistrates Court for an interim or final order.
The procedure for such applications is set out in r 79 Magistrates Court Rules 1992.
Anyone affected by an order may be joined to the proceedings and must be given a reasonable opportunity to be heard. Any other interested party as defined under s 36, may apply to be heard in the proceedings; this includes family members and carers.
Contravention of an order under the AASA is a criminal offence, punishable by heavy fines under s 37.
Commentary on elder abuse applications has been added to the By Lawyers SA Criminal and Intervention Orders commentaries.