The move was made in response to increased demand for elder law experts to cater to the country's ageing population
The NSW Law Society has added elder law to its Specialist Accreditation scheme.
The new program was developed in response to an uptick in demand for elder law experts to cater to Australia’s ageing population. The program was introduced at the Specialist Accreditation Conference 2024 by Specialist Accreditation board chair Jacqueline Dawson.
As per Dawson, this is the first new area of law to be included in the Specialist Accreditation scheme since 2009.
“When older people and those who manage their affairs face complex legal problems, they may need expert advice to navigate the issues. A program that recognises advanced expertise in elder law will help lead to more just outcomes in these complex matters”, Law Society President Brett McGrath explained. “This is particularly important at a time when one in six older Australians report experiencing elder abuse in any given year”.
He pointed to numbers from the NSW Ageing and Disability Commission, which indicated that in Q1 2024, the percentage of elder abuse reports increased by 24% compared to the previous quarter.
“Additionally, some applications before the NSW Civil and Administrative Tribunal (NCAT) Guardianship Division have more than doubled in the five years to 2023, others have had significant double figure growth”, McGrath said.
He also revealed that the program would be open to qualified solicitors outside of the state.
“I am thrilled that our counterpart organisations in multiple jurisdictions have indicated that they will recommend their interested members participate in the Law Society’s program. This will eventually result in a national pool of elder law experts in jurisdictions that make up 85% of the Australian population”, McGrath said. “The Law Society is grateful for the support expressed for the new area of Accreditation from important stakeholders, ranging from community-based organisations delivering free legal help to older Australians up to the Australian Attorney General Mark Dreyfus KC”.
The program is supported by the NSW Commission for Ageing and Disability, the NSW Trustee and Guardian, the Deputy President and Head of the Guardianship Division of NCAT, Legal Aid NSW, and Justice Connect.
“While there are some similarities between wills and estates and elder law, the former deals with making arrangements for and administering a person’s affairs after their death. Elder law deals with legal issues people confront as they grow older”, Dawson explained. “Solicitors who gain Specialist Accreditation in elder law will have demonstrated mastery, to the standard of a ‘specially competent practitioner’, of issues around; accommodation, enduring appointments, applications to the NSW Civil and Administrative Tribunal (NCAT) and contested elder abuse matters in the Supreme Court”.
She called for solicitors with considerable elder law experience to take part in a committee that would draft a peer-assessed program to debut in 2026.
“We will gather the brightest legal minds already practising in elder law to design and deliver this new area of accreditation. Those who undertake the program will be challenged on their knowledge of the law and their client interaction”, Dawson said.
She confirmed that legal costs would not go up in the event that one sought an elder law expert.
“The legal assistance sector plays a crucial role in delivering free legal advice and representation for vulnerable older Australians. I encourage Elder Law practitioners who perform this valuable work to participate in the Specialist Accreditation Program, to help ensure that advanced legal expertise is available to those who need it most”, Dawson said.
To qualify for participation in the Specialist Accreditation Program, one must be a solicitor member of the Law Society who has practised for a minimum of five years and has focused at least 25% of their practice on the area of specialisation for the past three years. These two periods will cover full-time equivalence.
Accredited specialists must show that they will continue to dedicate 25% of their practice to the chosen area of law and are required to finish 10 more units of continuing professional development relevant to the area of specialisation.
