The Law Handbook 2024

Chapter 9.2: Legal issues affecting older people 889 • alcohol or drug abuse : again, a common cause or effect of relationship breakdowns; • gambling issues : problematic gambling can cause financial stress and dramatic mood swings; • unemployment or financial difficulties . What can older people do? Whether adult children already live in the home, or the older person is just considering the possibility, it is always a good idea to set out some ground rules. Even if those involved do not want a formal written agreement, it is wise to have a conversation about the different aspects of living together. Although conversations of this sort may be uncomfortable, many problems can be avoided when both parties’ expectations are clear. It also gives everyone a common foundation from which to raise any issues they may have later. At a minimum, conversations and agreements should address the following aspects: • what contributions towards household expenses (e.g. bills and groceries) are to be made; • how chores will be shared; • who is responsible for home maintenance; • the duration of the adult child’s stay; • what rent or board is to be paid; and • whether or not partners can move in. Failure to contribute to the household, especially if combined with a refusal to leave the home, and/or verbal, emotional and psychological abuse, can be considered to be family violence, for which there are remedies. If abuse is occurring, of whatever sort, it may be possible to obtain an intervention order that excludes and removes the adult child from the house or allows the adult child to remain in the house but protects the older person from family violence and abuse. For more information on intervention orders, see Chapter 4.4: Family violence. If an adult child refuses to leave the home after being requested to do so by the older person, and the older person does not wish to apply for a family violence intervention order, there are other options available to the older person depending on the circumstances. These options require careful assessment of any safety risks to the older person while they are under the same roof as the adult child. If the circumstances support that there is a lease or sublease arrangement with the older person as the landlord (e.g. rent is being paid), there may be an option to issue a Notice to Vacate in accordance with the Residential Tenancies Act 1997 (Vic). If the circumstances support that there is no lease or sublease arrangement, but rather a licence to reside (e.g. no rent is being paid, no exclusive possession), there is the option to revoke the licence to reside. This is done via a letter to the adult child, which provides notice of the date by which they must leave. Their presence after this date constitutes trespass. Age discrimination What is age discrimination? Age discrimination is when a person is treated, or proposed to be treated, in an unfavourable way due to their age. It can occur in many areas of public life including employment, access to goods and services, education and accommodation. Age discrimination can occur directly and indirectly, and is prohibited at both the federal and the state or territory level. Relevant legislation The key legislation relevant to age discrimination are: • The Age Discrimination Act 2004 (Cth) (‘ Age Discrimination Act ’) ensures people are not treated less favourably on the grounds of age, it allows for assistance for people who experience discrimination, and provides exemptions in some areas (e.g. superannuation and health). • The Equal Opportunity Act 2010 (Vic) (‘ EO Act ’) makes it unlawful to discriminate against a person for a variety of personal characteristics, including age. Both Acts recognise that age discrimination can occur in two ways: directly or indirectly. • The Charter of Human Rights and Responsibilities Act 2006 (Vic) (‘ Human Rights Charter ’) protects Victorians’ right to recognition and equality before the law and participation in public life without discrimination. • The Fair Work Act 2009 (Cth) (‘ Fair Work Act ’) prevents discrimination against employees. What is direct age discrimination? Under the Age Discrimination Act, direct dis­ crimination occurs when the aggrieved person is