Aurora Arboralis

Andrew Constance MP, Minister for Ageing, Minister for Disability Services

In a Media Release on Thursday 21 March, the NSW Minister for Ageing, Andrew Constance, announced the launch of the NSW Elder Abuse Hotline.  It is to provide practical assistance to older people living in the community (i.e. not those in residential aged care), family members, and frontline service and support staff.  According to the Australian Institute of Criminology, as many as 50,000 people 65 and over in NSW have experienced some form of abuse and neglect, whether it be physical, psychological or financial.[i]

Lesbian, Gay, Bisexual, Transgender and Intersex (LGBTI) older people have experienced high levels of prejudice and discrimination throughout their lives, and so are amongst the most vulnerable groups in the ageing population.  The Commonwealth Government has acknowledged this fact by including LGBTI older people among those listed as ‘Special Needs’ groups under the Aged Care Act, 1997[ii].

Moreover as a group they are far less likely to make an official complaint, due to the fear of further discrimination and victimisation of themselves or the person they care for.  So I think it is highly likely that the effectiveness of the Hotline for LGBTI older people may be undermined by the fact that the service is operated and managed by Catholic Community Services.  The exemptions from NSW state Anti-Discrimination legislation for faith-based organisations have sent the message to LGBTI people that they cannot be assured that they will be safe and respected when engaging with services provided by faith-based organisations.

Australian research has shown that this is a major concern for LGBTI older people[iii].  Many have experienced prejudice, discrimination, and even violence at the hands of religious organisations, and continue to do so.  The public pronouncements of the Catholic church are not welcoming, hospitable, or respectful of LGBTI people.  The Congregation for the Doctrine of the Faith has stated that the homosexual inclination or tendency is a tendency toward an intrinsic moral evil and must be seen as an objective disorder.[iv]  The new Pope Francis I, when Primate of Argentina, made the following comments on same-sex marriage:  “Let us not be naive: this is not simply a political struggle, but it is an attempt to destroy God’s plan. It is not just a bill (a mere instrument) but a ‘move’ of the father of lies who seeks to confuse and deceive the children of God.”[v]

In relation to transgender people, the Vatican has ruled that “sex change” procedures do not change a person’s gender in the eyes of the church; such people are not permitted to have their true sex recorded in parish baptismal records, marry, be ordained to the priesthood or enter religious life.[vi]

Given the widespread media coverage of such comments, LGBTI people have little confidence that they will be treated with respect and compassion by faith-based organisations.  This is not to say that all such organisations discriminate against LGBTI clients; many do not.  But older LGBTI people experiencing abuse and neglect are extremely unlikely to engage with a service they know to be run by an organisation which has so publicly condemned them.

In light of the above, the NSW government could address this issue in the following ways:

1. Remove the exemptions from Anti-Discrimination legislation for faith-based organisations providing publicly-funded services in relation to the provision of such services.  Our taxes should not be given to organisations that discriminate against us.
2. Require all faith-based organisations in receipt of NSW government funding to publicly declare their position in regard to discriminating against LGBTI clients, staff, and volunteers.
3. Provide funding to existing LGBTI service providers for a dedicated LGBTI Elder Abuse Hotline.  The GLCS of NSW currently provides telephone counselling, information and referral services and support groups for gay men, lesbians, bisexual and transgender persons throughout NSW, and attract some NSW government funding.[vii]  They could be funded to provide a dedicated Elder Abuse Hotline, and for capacity-building in relation to Intersex people.

I don’t think this needs to be an either/or situation – there has to be a place for LGBTI and mainstream services to meet the needs of LGBTI older people.  However, until such time as faith-based organisations treat LGBTI people with respect and give up the right to discriminate against us, governments should not expect that LGBTI people will have any confidence to engage with these services.