Often older people feel that their voice is not being heard. At this COTA event, Alice is giving a few tips at being a more effective advocate.

A site on retirement, life changes and planning for your future.
Often older people feel that their voice is not being heard. At this COTA event, Alice is giving a few tips at being a more effective advocate.
The new Aged Care Act 2024 is expected to commence from 1 July 2025. This article attempts to explain the changes that are likely to happen in relation to residential care focusing on consumer contributions and means testing.
The intention of this major revision of the existing Aged Care Act is to:
The proposed rights-based law:
However, for most people, the most important, and not finalised, changes will relate to the expected cost of receiving care – whether that is at home or when resident in an aged care facility. The proposed changes appear to focus on the resident’s financial disclosure responsibilities and an onerous assessment process that are likely to result in a very large increase in the cost of receiving aged care services. At this stage (February 2025) the details have not yet been finalised and it is likely that more changes will be made.
Means testing reforms
The reforms consist of:
The no worse-off principle
What will stay the same
The government will continue to fund the majority of aged care. All residents will continue to pay a Basic Daily Fee. The way different types of income and assets are assessed in the residential aged care means assessment will not change. Current financial hardship assistance arrangements will continue.
What will change
Means testing – Current means tested care fee will be abolished • Introduction of Hotelling Contribution • introduction of Non-Clinical Care Contribution • Mandatory reporting • accommodation costs • Grandparenting of fee arrangements.
Changes to means testing – A resident’s means tested amount is based on their assessable income and assets. It will continue to be the sum of their income tested amount and asset tested amount. Income and asset taper rates are changing.
Hotelling Supplement contribution – Starting 1 July 2025, the Hotelling Supplement will be means tested for new residents. Residents who can afford to pay their full accommodation costs will contribute to daily living costs such as food, cleaning, laundry and utilities.
The means test will require a contribution from residents with:
The contribution will be up to the maximum Hotelling Supplement of $12.55 per day (20 September 2024 rates). The government will pay providers the difference.
Non-Clinical Care Contribution – The Government will fully fund all clinical care costs in residential aged care. For new residents from 1 July 2025, the new means-tested Non-Clinical Care Contribution (NCCC) will replace the Means Tested Care Fee. This contribution will be for non-clinical care costs such as bathing, mobility assistance and lifestyle activities. It will only apply to residents who can afford to pay the full Hotelling Supplement contribution.
The non-clinical care means test will require a contribution of 7.8% of assets over $502,981 or 50% of income over $131,279 or a combination of the two up to a daily limit of $101.16. It is paid until the resident has contributed $130,000 or been in residential aged care for 4 years, whichever occurs first. The government will pay the difference.
Mandatory reporting – Providers will regularly report individual refundable deposit balances. Residents will be required to report changes to their personal and financial circumstances. Residents can elect to be classified ‘means not disclosed’ and consequently won’t be asked to report financial circumstances, will not be eligible for government support with accommodation costs or Non-Clinical Care Contribution. They can later elect to complete a means assessment but this cannot be back-dated to their entry to care.
Grandparenting for current residents -The current fee arrangements will continue for residents already in care before 1 July 2025. This includes the: pre 1 July 2014 cohort and the post 1 July 2014 cohort. Individuals will be able to ‘opt out’ of their grandparented fee arrangements at any time.
COTA organised Dying to Know Day (August 8th) COTA under the auspices of North Sydney MP, Kylea Tink. NSW member and dying well advocate Jill Nash co-organised a fantastic line up of speakers to discuss Death, Dying and Grief.
Jill spoke poignantly about the loss of her baby daughter and then her husband when she was just 41. Informed by these traumatic experiences, Jill is taking control of her future by gathering information and documents and starting personal conversations now, so that her family are prepared for her death and dying when the time comes.
Alice Mantel, another COTA NSW member, also shared her specialist legal expertise on how to go about getting your affairs in order many years before you may think you will need to.
Alice is also the featured expert in the Planning for the Unexpected series produced by OWN NSW.
Latest data released by the Australian Institute of Health & Welfarehttps://www.aihw.gov.au/family-domestic-and-sexual-violence/population-groups/older-people#:~:text=In%20institutional%20settings%2C%20Yon%20et,and%20sexual%20abuse%20(1.9%25). (AIHW) has made some key findings that show people in Australia are at increased risk of abuse in their later years. This abuse can take many forms, including psychological or emotional abuse, financial abuse, physical abuse, sexual abuse, and neglect.
Key findings of the most recent data:
As Australia’s population ages, the number of older people in Australia experiencing abuse is likely to increase over time. A key aspect of the definition is that elder abuse occurs in relationships where there is “an expectation of trust”. Such relationships include those with family members, friends, neighbours, and some professionals such as paid carers.
Prevalence estimates are likely to underestimate the true extent of elder abuse. This is because victim-survivors can be reluctant to disclose ill-treatment by a family member, or because they are dependent on the abuser for care. Older people with cognitive impairment (for example, dementia) or other forms of disability may also be unable to report abuse.
Evidence from international studies show that abuse estimates are higher for older people in institutional settings than in the community. A 2017 review found that there is a greater likelihood for women being abused (17%) than men (11%) with sons also more likely to perpetrate abuse than daughters.
What kind of abuse is perpetrated?
The AIFS National Elder Abuse Prevalence Studyhttps://aifs.gov.au/research/research-reports/national-elder-abuse-prevalence-study-final-report estimated that, in 2020:
Who are the perpetrators?
Around 1 in 2 (53%) perpetrators of elder abuse were family members (includes ex-partner/spouses). Perpetration by family members was highest for financial abuse (64%) then neglect (60%), psychological abuse (55%), physical abuse (50%) and sexual abuse (15%). Sexual abuse of older people was primarily perpetrated by friends (42%), acquaintances (13%) and neighbours (9%).
Support for abused persons
The AIFS study estimated that:
Around 8 in 10 (82%) older people who experienced abuse had taken action to stop the abuse from happening again. These actions included informal actions (such as speaking to the person) and formal actions (such as seeking legal advice). The most common actions were speaking to the person or breaking contact with them.
If you, or someone you know has been abused, you can call 1800 ELDERHelp.
Giving a talk at the Nepean-Hawkesbury VIEW Club on 17 June 2024.
Join me and my co-host Amanda Armstrong as we take you through this series of six podcasts which can help you to be better prepared for those unexpected life events.
Podcasts can be found on YouTube.
This series is presented on behalf of the Older Women’s Network.
Death is of course, inevitable, but often it is unexpected. Most of us would rather not think too much about it. But planning for the unexpected can be liberating. It allows you to enjoy life because you have removed a future burden for yourself and your loved ones.
This new series from OWN presented by family lawyer Alice Mantel will take you through what you need to organise before you die, from writing a will, family conversations and decluttering. It can be a baffling area, and easy to put in the too hard basket for now. This practical and reassuring series will break down the steps and give you tips to approach planning for the unexpected in a positive and proactive way.
https://www.youtube.com/watch?v=C9TkNtu2WMA&pp=ygUacGxhbm5pbmcgZm9yIHRoZSB1bmV4cGVjdGU%3D
https://youtu.be/trNaxaNIjJA
The Australian Institute of Family Studies (AIFS) has released its research into the rate of Australian divorces. While the rate of divorces for all age groups has remained constant, if not, actually decreasing slightly, the rate of divorce for older couples (over 65 years) and long-term marriages (over 20 years) is steadily increasing.
Divorces
The crude divorce rate (divorces per 1,000 Australian residents) was 2.2 divorces per 1,000 residents in 2021, up from 1.9 in 2020. The total number of divorces granted in 2021 was 56,244, the highest number of divorces recorded since 1976. However, this high number (and therefore also the crude divorce rate) was affected by administrative changes that have enabled divorces to be finalised in a reduced time frame. For this reason, the Australian Bureau of Statistics (ABS) cautions about comparing the 2021 divorce statistics to those of earlier years.1
Since the 1990s the crude divorce rate has trended downward, reaching a low of 1.9 per 1,000 residents in 2016, 2019 and 2020. The higher 2021 figure disrupts the trend over recent years, although, as noted above, the break in series may be due to changes in administrative arrangements.
After very low rates in the first half of the twentieth century, the crude divorce rate rose in the 1960s and 1970s. It peaked at 4.6 per 1,000 resident population after the introduction of the Family Law Act 1975 (Cth), which came into operation in January 1976 and allowed no-fault divorce. As some long-term separations were formalised and some divorces that had been filed in the previous years were brought forward, this contributed to the steep rise in the number of divorces in 1976.
Between 1986 and 1996, age-specific divorce rates increased across all age groups for both men and women.
From 1996 to 2016, while the divorce rate overall declined, the trends in divorce rates differed between younger and older age groups: falling for men under 45 years and women under 40 years increasing for men aged 50 years and older and women aged 45 years and older.
Between 2016 and 2021, the age-specific divorce rate increased for all age groups of men and women but, as noted above, this may simply indicate that the administrative changes affected the processing of divorces across all age groups.
The trends in divorce discussed above apply only to married couples and do not capture the extent to which people in cohabiting relationships separate over time. Research indicates that cohabiting relationships are more likely than marriages to end in separation, particularly when cohabitating couples have not otherwise gone on to marry (Hewitt & Baxter, 2015; Qu, Weston, & de Vaus, 2009).
At what age are couples divorcing?
The median age of men and women rose between the early 1980s and recent years, which is largely attributed to trends in people marrying later as well as more divorces involving longer marriages (see the discussion on marriage duration below).
The upward trend in the median age of divorce has stalled since 2018. In 2021 the median age at divorce was 45.9 for males and 43.0 for females, similar to the median ages in 2018 and 2019 (45.9 for males and 43.1 for females for both the years).
Median age at divorce in 2021 – Overall, the median age at divorce has been rising since the 1980s; 43.0 years for females and 45.9 years for males.
Duration of marriage to divorce
The largest proportion of couples separating and then divorcing were married for nine years or less. In 2021, 56% of separations and 41% of divorces were couples in this category. This showed little change from 2020.
Couples who had been married for 20 or more years made up more than one-quarter of divorces in 2021. In the 1980s and 1990s these couples made up a smaller proportion, at around one in five divorces.
The median duration of marriage to divorce for divorcing couples over the last decade (2011–21) was between 12 and 12.2 years, and the median duration of marriage to final separation was 8.3 to 8.7 years. In other words, it took 3–4 years from separation for divorcing couples to finalise their divorce.
What about the children?
The proportion of divorces involving children under 18 years has fallen since the 1970s, from 68% in 1975 to 47% in 2014. It has remained at around this percentage in recent years, shifting slightly higher, to 48%, in 2021. The general declining trend is partly due to the rise in divorces of long-term marriages where children are already grown up. An overall decline in the fertility rate and a rise in childlessness may also contribute to the fall in the proportion of divorces involving children.
It is also important to note that divorce statistics do not include separations of cohabiting couples with or without children. Research suggests that cohabiting couples with children were more likely than married couples with children to separate (Qu & Weston, 2012).
Divorces of same-sex marriages
Same-sex marriages were included in the marriages data for the first time in 2018, following the Amendments to the Marriage Act 1961 that allowed same-sex couples to legally marry in Australia and came into effect on 9 December 2017. Divorces of same-sex couples were recorded for the first time in 2021.
There were 473 divorces granted for same-sex couples, representing 2.5% of all same-sex marriages registered between 2018 and 2021.
There were 306 divorces of female same-sex couples and 167 divorces of male same-sex couples between 2018 and 2021, representing 2.9% of female same-sex marriages and 2.3% of male same-sex marriages registered in that period.
To read the entire article, go to: https://aifs.gov.au/research/facts-and-figures/divorces-australia-2023.
References
Australian Bureau of Statistics (ABS). (various years). Divorces Australia (Catalogue No. 3307.0, 3307.0.55.001). Canberra: ABS.
Australian Bureau of Statistics. (various years). Marriages and Divorces Australia. Canberra: ABS.
Australian Bureau of Statistics. (1980). Social Indicators 1980 (Catalogue No. 4101.0). Canberra: ABS.
Hewitt, B., & Baxter, J. (2015). Relationship dissolution. In G. Heard & D. Arunachalam (Eds.), Family formation in 21st Century Australia. Dordrecht: Springer.
Qu, L., & Weston, R. (2012). Parental social marital status and children’s wellbeing. (Occasional Paper No. 46). Canberra: Department of Social Services.
Qu, L., Weston, R., & de Vaus, D. (2009). Cohabitation and beyond: The contribution of each partner’s relationship satisfaction and fertility aspirations to pathways of cohabiting couples. Journal of Comparative Family Studies, 40(4), 585–601.
1 ABS (2021) stated: ‘The Federal Circuit and Family Court of Australia have advised that the high number of divorces finalised in 2021 is in part related to administrative changes to increase finalisations and reduce time frames. These changes enabled the finalisation of more applications for divorce than previous years and allowed the court to reduce backlogs by finalising more divorce applications in the year than were received. This constitutes a break in time series and any comparison with earlier years should be made with caution.’
The Law Council of Australia has continued to call for measures that will better protect older Australians.
“Elder abuse is insidious and more prevalent than I think any of us would like to believe,” Law Council of Australia President, Mr Tass Liveris said.
“Incidents of abuse may be physical, social, financial, psychological or sexual and can include mistreatment and neglect.
“What makes it most devastating is that the perpetrator is often someone the older person trusts and relies on, such as a family member, friend or carer.
“We must stamp out elder abuse and protect vulnerable members of our community.”
The Law Council is calling for:
• Appropriate, sustained and increased funding for specialist legal assistance and aged care advocacy services, government agencies, and relevant State and Territory tribunals that work towards reducing elder abuse.
• Implementation of outstanding priorities identified in the Australian Law Reform Commission and Royal Commission into Aged Care Quality and Safety (Royal Commission) reports and the National Plan to Respond to the Abuse of Older Persons 2019-2023, including:
• developing a new Aged Care Act which is consistent with the recommendations of the Royal Commission report by 1 July 2023; and
• ensuring that those in residential aged care facilities have legal redress to protect them from abuse, whether perpetrated by care providers (including in the use of restrictive practices) or fellow residents.
At the end of last year, the Law Council of Australia welcomed the decision by Commonwealth, State and Territory Attorneys-General to prioritise enduring power of attorney (EPOA) law reform to reduce the risk of older Australians being subject to financial abuse and looks forward to this work coming to fruition.
EPOA arrangements are intended to ensure a person’s interests are protected when they lose capacity to make decisions for themselves. However, in the absence of adequate legal safeguards, financial elder abuse by appointed decision-makers may be facilitated by such arrangements.
Law Council of Australia, 15/06/2022, https://www.lawcouncil.asn.au/media/media-releases/australia-must-address-elder-abuse
Why is retirement different for women? Women retire with about 60% of the superannuation funds that men have. They live 5 years longer and they are far more reliant on the aged pension. On the plus side – women are more likely to retain their friendship networks, more likely to be the principal carer for their partner, their parents and their grandchildren, as well being more likely to volunteer to help others.
Listen to my wide-ranging discussion with community radio 2RDJ broadcaster, Neil Lithgow about women and retirement. Listen here: