Proposed legislation to create an Inspector-General of Aged Care has caused concerns about potential duplication of work.

According to a submission made by the Office of the Commonwealth Ombudsman (OCO) to a parliamentary inquiry, both the inspector-general and OCO would be required to report the misconduct of public servants if an investigation reveals evidence of wrongdoing. 

The proposed legislation grants the inspector-general oversight of the Independent Health and Aged Care Pricing Authority and the Aged Care Quality and Safety Commission, while the OCO would oversee how administrative actions are taken by those entities. 

The overlap between the two entities is described as manageable by the ombudsman’s submission, with limited overlap preferable to a gap in oversight.

“The Bill’s information sharing provisions would facilitate OCO and the Inspector-General’s management of overlapping jurisdictions. Specifically, the Bill would enable the Inspector-General to disclose protected information and draft review reports and related documents to OCO officers,” the submission says.

While existing laws provide for the OCO to disclose information deemed to be in the public interest, there would be a need for formal dialogue on how information gets shared between the two entities. 

The submission suggested that a memorandum of understanding could be created to set out practical details on information sharing, complaints and how matters could be transferred between the OCO and Inspector-General as necessary.

The proposed legislation aims to tackle the increasing concerns surrounding aged care quality and safety, with a focus on improving the provision of care for older Australians. 

The Inspector-General of Aged Care will have broad powers, including the ability to initiate investigations, gather evidence and make recommendations to the government. 

While there are concerns surrounding the potential duplication of work, the submission highlights that the overlap is manageable, and limited overlap between the OCO and Inspector-General is preferable to a gap in oversight.