Older Australians face a tough time in court

Nov 29 2004

New research has revealed that many older Australians find themselves at a distinct disadvantage when fronting court because of hearing impairment, physical immobility and difficulty coping with complex procedures.

In an Australian first, the University of Western Sydney's Centre for Elder Law, has carried out a comprehensive study of elderly Australians access to the courts.

Ms Sue Field, from the Centre for Elder Law, says while the study focused on Tasmania's Magistrates' Courts, it highlights the need for a range of national measures to help demystify the court process for older Australians.

"Coming to court for the first time, either as a defendant or a witness, can be a daunting experience for anyone, no matter how old they are," says Ms Field,

"But while it's universally acknowledged that seniors often have problems with hearing, decreased mental agility and physical mobility, our legal system seems to have virtually ignored how these problems impact on seniors' ability to fully participate in the justice system," says Ms Field.

The study, instigated by the Chief Magistrate of Tasmania, Mr Arnold Shott, and funded by the Law Foundation of Tasmania, grew out of the observations of magistrates and court staff that more older people were experiencing difficulty when using Tasmania's court system.

Ms Field says the issues should be a national priority, given that the numbers of older Australians accessing our courts appear to be increasing as our population ages.

"As our bodies have the potential to outlive our minds, the legal ramifications relating to the mental capacity of the client to initiate and defend proceedings, will take on increasing urgency," she says.

"Inaccessible justice could effectively equate to a denial of justice. Our legal system needs to be more proactive when it comes to the issue of older Australians having fair access to justice and the courts."

The study, conducted earlier this year, included inspections of Tasmania's four magistrates' courts, surveys of older persons from across the State, and court staff, along with interviews of interstate court personnel.

Ms Field says key recommendations to come out of the study include better education for the elderly about court processes, more support for them when attending court, better physical assistance for any hearing difficulties or physical disabilities they might be experiencing.

"The measures include the production of instructional brochures and videos guiding older people through the system, extra staff training or the employment of volunteers to greater assist elderly people who seem confused, the appointment of a designated contact officer in each court, and the installation of audio aids within all court precincts," she says.

Ms Field is hoping other Australian states will follow Tasmania's lead by developing these common sense initiatives.

"The Tasmanian Magistrates Court and the Law Foundation are to be commended for commissioning and funding this project," says Ms Field.

"As far as I am aware, no other Australian or international court is addressing these issues in such a comprehensive way.

"I'd like to think that the work we have done could be used as a template for other States as there is no question that there is a need to develop programs to assist older persons to access and understand the justice system."