Yesterday once more: Discrimination and LGBTI+ seniors

Eileen Webb, Liam Curtis Elphick

Research output: Contribution to journalArticlepeer-review


The rights of LGBTI+ people in Australia have been part of significant
public debate in recent times, especially with the marriage equality postal
vote. However, little attention has been paid to the experiences of older
LGBTI+ people, particularly those entering or already in aged care
facilities. LGBTI+ seniors are far more vulnerable to interactions with
care-givers than their heterosexual and cisgender counterparts. Lack
of education and understanding of how the law operates has resulted in
many LGBTI+ seniors being unaware of how the legal system can be used
to protect themselves against discrimination. Historical discrimination
has also made many LGBTI+ seniors unwilling to engage with the legal
system. As a result, information on the unique experiences of LGBTI+
seniors remain scarce, and steps to ensure awareness and implementation
of laws that protect LGBTI+ seniors against discrimination have been
minimal. This article seeks to address such concerns by providing a
detailed outline of the legal protections available to LGBTI+ seniors in
accommodation, fi nancial and health issues, and suggesting solutions to
ensure the greater protection of LGBTI+ seniors against discrimination.
This research is especially pertinent due to consideration of LGBTI+
seniors in the Australian Law Reform Commission Inquiry into Elder
Abuse. Education, training, and research will be crucial in empowering
LGBTI+ seniors to utilise the legal rights available to them.
Original languageEnglish
Pages (from-to)530-566
JournalMonash University Law Review
Issue number2
Publication statusPublished - 2017


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