Feedback requested for aged care’s Inspector-General Bill
Published on 18 January 2023
Aged care providers have less than ten days to provide feedback on the Government’s new Inspector-General of Aged Care Bill to ensure it provides the relevant authority and tools to the new Inspector-General of Aged Care role.
The introduction of the Inspector-General of Aged Care follows through on Recommendation 12 from the Royal Commission into Aged Care Quality and Safety, which was to establish an independent office that could investigate, monitor and report on the administration and governance of the aged care system.
The Bill is currently in the draft stage and feedback received during the public consultation period will be used to finalise it before it’s presented to Parliament. It’s expected to be passed by mid-2023.
Aged care providers, experts, peak bodies, workers, older Australians, carers and families have all been called on to provide feedback for the Inspector-General Bill by Friday, January 27.
As a part of the consultation process, you can provide feedback on topics such as:
- Why you may or may not support proposed approaches to reviews, reports, monitoring and information-gathering powers
- Whether the proposed protections for the Inspector-General and those who provide information or assistance during investigations are appropriate
- What deterrents (criminal offences and civil penalties) should be considered for those who do not provide relevant information to the Inspector-General
Ian Yates AM was appointed Interim Inspector-General of Aged Care last December as a permanent appointment cannot be made until the Bill is passed into legislation.
Mr Yates is the former Chief Executive (CE) of the Council on the Ageing (COTA), Chair of the Council of Elders and member of the Aged Care Quality and Safety Advisory Council.
How will this impact providers?
Once the legislation is passed, it’s unclear what assessments and recommendations may occur in the short term. Regardless, opportunities for independent assessment of the sector have been applauded.
Superior Care Group CEO, Russell Egan, said that aged care had been a political tool for successive Governments and a fearless assessment of the state of play has been well overdue.
“I support the introduction of the Inspector-General because it will encourage a frank and fearless assessment of the systemic problems facing aged care, including the extraordinary level of government central planning, red tape, workforce mismanagement and Government underfunding,” said Mr Egan.
“For too long, aged care has been a political football for the Government of the day, whether it be through regulatory crackdowns, funding cuts for perceived profiteering, or willful ignorance of a difficult policy and funding matter.
“I hope the Interim Inspector-General and their permanent successor provide a blunt assessment of the aged sector with substantial recommendations for reform.”
Mr Egan also expressed concerns about the potential for additional administrative burden of supporting the Inspector-General’s Office during an assessment.
He said that providers already have a large number of reporting obligations and this could be problematic for a strained sector.
“The aged care sector has reached the point where 70% of aged care homes run at a loss,” said Mr Egan.
“The aged care workforce is in crisis with most homes operating without full staffing and a nationwide registered nursing shortage just as providers are expected to double their Registered Nurse workforce.
“And now the sector faces a raft of new regulatory reforms and quality obligations which they are not resourced properly to deal with.
“Given the sector’s sinking viability and the Government’s refusal to accept they are not adequately paying aged care providers as dependent contractors of the Government, I am not very hopeful for the future of the sector.”
Mr Egan said the Government’s inattention to appropriate aged care funding could result in quality failures, facility closures and more scandals if it is not addressed at the highest level.
Peak body collects feedback
Industry peak body Aged Care Industry Association (ACIA) has sought its own feedback from its members to put forward for the Inspector-General of Aged Care Bill and Chief Executive Officer (CEO) Peter Hoppo said they will make a submission to the Government soon.
Mr Hoppo welcomed the introduction of a new independent office that provides additional oversight and recommendations on where the sector needs to be improved.
“As an independent statutory officer with wide-ranging powers and a fresh set of eyes, we expect the Inspector-General will engage with all stakeholders to identify and remedy sector structural and regulatory arrangements that may be holding back older Australians from receiving the high-quality care that they deserve,” said Mr Hoppo.
“In a system as complex as aged care it is always good to have checks and balances.
“An Independent Inspector-General will bring another reference point to ensure all the moving parts are working together, as they should, for the betterment of older Australians.”
Mr Hoppo added that he anticipates the Inspector-General will take an evidence-based approach to inquiry and review of the aged care sector.
What will the Inspector-General do?
Once appointed, the Inspector-General will focus on Government-related funding, regulation and administration.
In particular, the independent Inspector-General and their Office will be in a position to address what the Government labels ‘systemic issues and significant problems’.
Through regular reviews, reports and ongoing monitoring, they will provide increased accountability and transparency as recommendations for improvement are made.
The Department of Health and Aged Care, the Aged Care Quality and Safety Commission (ACQSC) and the Independent Health and Aged Care Pricing Authority are all open to oversight by the Inspector-General.
Any service or body regulated or funded by the Government can also be reviewed and monitored.
As Interim Inspector-General, it’s expected that Mr Yates will focus on further developing the role for the permanent Inspector-General. Key tasks include:
- Engaging with stakeholders to assist in the development of a review program for systemic investigations
- Identifying priorities for the Inspector-General
- Raising awareness of the roles and functions
- Considering relevant opportunities to report to Parliament, such as the implementation of Royal Commission recommendations
The permanent Inspector-General will have access to relevant information upon request and can provide protections for individuals who provide information or assistance.
The Inspector-General of Aged Care Bill will also include a series of offences and penalties that are consistent with other aged care legislation. As a result, it is possible for someone to be penalised if they refuse to assist the Inspector-General or breach confidentiality.
If you would like to give your feedback regarding the Inspector-General of Aged Care Bill, visit the Aged Care Engagement Hub.