Teaching the Law as it Relates to Older People

Australian Bureau of Statistics, ‘Population by Age and Sex, Australian States and Territories’, Catalogue No. 3201.0, 2001.

Australian Bureau of Statistics, Income and Welfare: Older Australians, Catalogue No. 1302.0, 1999.

For example reform to the system of publicly provided income support such as mandatory occupational superannuation for all workers, and the tightening of the means test on the age pension: Australian Bureau of Statistics (1999) Population Projections: Our Ageing Population at 1; See also Queensland Department of Local Government and Planning (2001) PIFU Population Trends and Prospects Report citing the projected increase in the aged population as the Queensland Government's main challenge for effective planning and resourcing in the next 20 years available at http://www.dlgp.qld.gov.au.

Australian Bureau of Statistics, Population Projections 1999–2101 Catalogue No. 3222.0, 2000.

United Nations Population Division Press Briefing, 28 February 2002 at <http://www0.un.org/News/briefings/docs/2002/agebrf.doc.htm>.

See ref 3, above.

Australian Bureau of Statistics, ‘Australia's Older Population: Past, Present and Future’, Catalogue No. 3101.0, 1999.

Australian Bureau of Statistics, ‘Older People, Australia: A Social Report’, Catalogue No. 4109.0, 1999.

Attorney-General's Department, ‘The Justice Statement’, Office of Legal Information and Publishing, Canberra, 1995.

Due to longer life expectancies, a higher proportion of those aged 65 and over are women and the trend increases with age. In particular in excess of twice as many women as men comprise the over 85 age group: see Australian Bureau of Statistics, ref 1, above.

Healey J. , ‘Our Ageing Nation’, Issues in Society, pp.3–5, 1999.

See Department of Veterans Affairs at <http://www.dva.gov.au/pensions/policy/military.htm>.

See The Annual Report of the Repatriation Commission, The Department of Veterans Affairs and the National Treatment Monitoring Committee 1997–98, available at <http://www.dva.gov.au/media/aboutus/annr98/content.htm>.

See Cass M. and Western J. ‘Legal Aid and Legal Need’, Commonwealth Legal Aid Commission, 1980.

See Smith R. , ‘Fraud and Financial Abuse of Older Persons’, AIC Trends and Issues in Crime and Criminal Justice, No. 1321999.

Phillips R. , ‘Elder Law: Marketing Legal Services to Older People’, (1996) 70 The Law Institute Journal 30 at 30.

Phillips R. , ref 16, above.

Bergheim K. , ‘Old Issues, New Practice’ (1991) Student Lawyer 31 at 32–3.

Bergheim K. , ref 18, above.

Ordish C. , ‘Elder Abuse — A Consumer's Perspective’, paper presented at Queensland Law Society: Elder Abuse Forum, available at <http://www.qls.com.au>; Queensland Society Media Release, Fraser Coast Alerted to Elder Abuse, 1 Feb 2000.

Rosenberg J. , ‘Adapting Unitary Principles Of Professional Responsibility To Unique Practice Contexts: A Reflective Model For Resolving Ethical Dilemmas In Elder Law’, (2000) 31 Loyola University of Chicago Law Journal 403 at 446.

There has been some discussion as to the transferability of the American term ‘elder law’ into Australia given the common usage of the word elder with specific reference to indigenous older people. It is the view of the authors that ‘law and older people’ is a more appropriate term.

See Bergheim , ref 18, above, p 31.

NAELA can be accessed on <www.naela.com> and has recently opened membership to international professionals.

See generally MacCrate R. , Legal Education and Professional Development — An Educational Continuum, ABA, 1993.

A 2000 survey disclosed that 14 USA law schools have clinical programs specialising in elder law: McWhinney, Kate, Survey of Elder Law Clinics, presented at the National Ageing and the Law Conference, 2000.

See <http://www.cooley.edu/clinics/intro60.htm>.

The University of Western Sydney has also established the Research Centre for Elder Law and an Australian Elder Law Journal: see <http://www.uws.edu.au/law/elderlaw>.

Moskowitz S. , 'Reflecting Reality: Adding Elder Abuse And Neglect To Legal Education, (2001) 47 Loyola Law Review 191 at 204.

National Academy of Elder Law Attorneys, Inc, ‘What is Elder Law’ available at <http://www.naela.com>.

See ref 22, above, p.446.

Quinn M. and Tomita S. , Elder Abuse and Neglect: Causes, Diagnoses and Intervention Strategies, Springer Publishing, pp. 4–7.

Donaldson J. , ‘Ethical Considerations in Advising and Representing the Elderly’, (1991) 39 Virginia Lawyer 14.

Northern Territory, ACT, and Western Australia also experienced above national levels in growth: see ref 3, above.

Forum papers available on the Queensland Law Society web site at: <http://www.qls.com.au>.

Development of the course was supported with funds provided to Jeff Giddings from the 1999 Australian Awards for University Teaching.

The authors would like to thank Rebecca Morgan, Stetson Law School, Charles P Sabatino, Georgetown University Law Centre; Cooney George , Wayne State University Law School; Klien Illein , Kaptan University; Richard Kaplan, University of Illinois College of Law; Norman Fell and Gary Bauer, Thomas M Cooley Law School; and Kate McWhinney, North Carolina College of Law.

Menkel-Meadow C. , ‘To Solve Problems, Not Make Them’, (1993) 46(5) SMU Law Review; Morton L. , ‘Teaching Creative Problem Solving: A Paradigmatic Approach’, (1998) 34 California Western Law Review 375.

Herd B. , ‘Elder Abuse: Where Does the Law Stand’, paper presented at Queensland Law Society Elder Abuse Forum, 1999, available at <http://www.qls.com.au>.

See ref 29, above, p.191.

Spurgeon E.D. and Mustard E.J. , ‘Elder Law Across the Curriculum Upper-Level Courses Integrating Tax And Elder Law Into Elder Law And Tax Courses’, (2001) 30 Stetson Law Review 1375 at 1375.

See Rhode D. , Professional Responsibility: Ethics by the Pervasive Method, 1994, Little, Brown, Boston, and Menkel-Meadow C. and Sander R. , ‘The Infusion Method at UCLA: Teaching Ethics Pervasively’, (1995) 58(3 & 4) Law and Contemporary Problems 129. See also Rosenberg , ref 22, above.

Access to Justice Advisory Committee, Access to Justice — An Action Plan, 1994.