Declared Hearing Services Determination 1997 (Cth)
Declared Hearing Services Determination 1997
made under subsections 8 (4), (5), (6), (7) and (8) of the
Australian Hearing Services Act 1991
Compilation No. 9
Compilation date: 1 July 2016
Includes amendments up to: F2016L00806
Registered: 1 July 2016
About this compilation
This compilation
This is a compilation of the Declared Hearing Services Determination 1997 that shows the text of the law as amended and in force on 1 July 2016 (the compilation date).
The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.
Uncommenced amendments
The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Legislation Register ( The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the series page on the Legislation Register for the compiled law.
Application, saving and transitional provisions for provisions and amendments
If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.
Editorial changes
For more information about any editorial changes made in this compilation, see the endnotes.
Modifications
If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the series page on the Legislation Register for the compiled law.
Self-repealing provisions
If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.
Contents
1............ Name of determination.................................................................................................. 1
2............ Commencement............................................................................................................. 1
3............ Definitions..................................................................................................................... 1
4............ Class 1—Young Australians and young adults or young NDIS participant................. 3
5............ Class 2—referred Comcare clients generally................................................................. 3
6............ Class 3—specified referred Comcare clients................................................................. 3
7............ Class 4—referred Commonwealth employees............................................................... 3
8............ Class 5—persons who cease to be in class 1 or 7......................................................... 3
10.......... Class 7—certain eligible persons................................................................................... 4
11.......... Class 8—certain Aboriginal persons and Torres Strait Islanders.................................. 4
12.......... Designated persons....................................................................................................... 4
13.......... Certain services subject to payment of any applicable charges...................................... 5
Schedule 1—Declared hearing services 6
Part 1—Young Australians and young adults and young NDIS participants 6
Part 2—Referred Comcare clients generally 7
Part 3—Specified referred Comcare clients 8
Part 4—Referred Commonwealth employees 9
Part 5—Persons who cease to be in Class 1 or 7 10
Part 7—Certain eligible persons 11
Part 8—Certain Aboriginal persons and Torres Strait Islanders 12
Schedule 2—List of postcodes (remote areas) 13
Endnotes16
Endnote 1—About the endnotes 16
Endnote 2—Abbreviation key 17
Endnote 3—Legislation history 19
Endnote 4—Amendment history 20
1 Name of determination
This determination is the Declared Hearing Services Determination 1997.
2 Commencement
This Determination commences on 1 July 1997.
Note: 1 July 1997 is the commencement date of subsections 8 (4), (5), (6), (7) and (8) of the Act.
3 Definitions
(1) In this Determination, unless the contrary intention appears:
Aboriginal person has the meaning given by the Aboriginal and Torres Strait Islander Act 2005.
Act means the Australian Hearing Services Act 1991.
Note: On 1 July 1997 the Hearing Services Act 1991 is renamed the Australian Hearing Services Act 1991. See Hearing Services and AGHS Reform Act 1997, Schedule 1, item 8.
Authority has the meaning given by subsection 4(1) of the Act.
CDEP Program means the Community Development Employment Projects Program administered by the Department of the Prime Minister and Cabinet.
Comcare means the Safety, Rehabilitation and Compensation Commission.
complex client has the meaning given by subsection (3).
eligible person means a person who, under the Hearing Services Administration Act 1997, is an eligible person.
NDIS means the National Disability Insurance Scheme.
parent, in relation to a young Australian or young adult or young NDIS participant, includes a step‑parent, adoptive parent, foster parent or legal guardian of the young Australian or young adult or young NDIS participant.
profound hearing loss, in relation to a person, means a hearing loss where the average hearing threshold level for 0.5, 1 and 2 kilohertz (kHz) in the person’s better ear is greater than, or equal to, 80 decibels.
referred Comcare client has the meaning given by subsection 8 (10) of the Act.
referred Commonwealth employee has the meaning given by subsection 8 (10) of the Act.
RJCP means the Remote Jobs and Communities Program jointly administered by the Department of the Prime Minister and Cabinet.
severe communication impairment, in relation to a person, means communication difficulty that:
(a) prevents the person from communicating effectively in his or her daily environment; or
(b) is caused or aggravated by significant physical, intellectual, mental, emotional or social disability.
Torres Strait Islander has the meaning given by the Aboriginal and Torres Strait Islander Act 2005.
young adult means a person in the class of designated persons specified in paragraph 12 (e).
young Australians has the meaning given by subsection 8 (10) of the Act, and young Australian has a corresponding meaning.
young NDIS participant means a person who:
(a) is under 26 years of age; and
(b) is either:
(i) a participant within the meaning of the National Disability Insurance Scheme Act 2013 and has been referred to the Authority in connection with the funding or provision of supports under the participant’s plan under Chapter 3 of that Act; or
(ii) a participant within the meaning of the Disability Services Act 1993 (WA) and has been referred to the Authority in connection with the funding or provision of supports under the participant’s plan under section 26I of that Act.
(2) Except as otherwise provided in Parts 7 and 8 of Schedule 1, a reference in that Schedule to the provision of a hearing device includes the provision of a replacement hearing device if the replacement is necessary:
(a) on clinical grounds; or
(b) because the device has been:
(i) destroyed; or
(ii) lost, and unlikely to be found; or
(iii) damaged, and cannot be reasonably repaired.
(3) For this Determination, a person is a complex client if, and only if, he or she is an eligible person who has:
(a) profound hearing loss; or
(b) hearing loss and severe communication impairment.
(4) A reference in Schedule 1 to any hearing service does not include services which test for, treat and rehabilitate individuals who have Central Auditory Processing Disorder.
Note Central Auditory Processing Disorder is a deficit in the information processing of audible signals not attributed to impaired peripheral hearing sensitivity or intellectual impairment. This information processing involves perceptual, cognitive, and linguistic functions.
4 Class 1—Young Australians and young adults or young NDIS participant
(1) The hearing services specified in Part 1 of Schedule 1 are declared hearing services for the application of paragraph 8 (1) (aa) of the Act to young Australians generally.
(2) The hearing services specified in Part 1 of Schedule 1 are declared hearing services for the application of paragraph 8 (1) (ad) of the Act to the class of designated persons specified in paragraph 12 (e).
(3) The hearing services specified in Part 1 of Schedule 1 are declared hearing services for the application of paragraph 8 (1) (ad) of the Act to the class of designated persons specified in paragraph 12 (f).
5 Class 2—referred Comcare clients generally
The hearing services specified in Part 2 of Schedule 1 are declared hearing services for the application of paragraph 8 (1) (ab) of the Act to referred Comcare clients generally.
6 Class 3—specified referred Comcare clients
The hearing services specified in Part 3 of Schedule 1 are declared hearing services for the application of paragraph 8 (1) (ab) of the Act to referred Comcare clients who, under an agreement between the Authority and Comcare, are persons to whom those hearing services are to be made available.
7 Class 4—referred Commonwealth employees
The hearing services specified in Part 4 of Schedule 1 are declared hearing services for the application of paragraph 8 (1) (ac) of the Act to referred Commonwealth employees generally.
8 Class 5—persons who cease to be in class 1 or 7
(1) The hearing services specified in Part 5 of Schedule 1 are declared hearing services for the application of paragraph 8 (1) (ad) of the Act to the class of designated persons specified in paragraph 12 (a).
(2) A hearing service of a kind mentioned in subsection (1) is a declared hearing service in relation to a person for the period of 5 years beginning on the day when:
(a) in the case of a person who turns 26 and, immediately before turning 26, was a young adult or young NDIS participant—the person turns 26; or
(b) in the case of a person who ceases to be a member of the class specified in paragraph 12 (c)—the person ceases to be a member of the class.
Note: Paragraph (2) (a) refers to a person who ceases to be a member of class 1 (for class 1, see s 4); paragraph (2) (b) refers to a person who ceases to be a member of class 7 (for class 7, see s 10).
10 Class 7—certain eligible persons
The hearing services specified in Part 7 of Schedule 1 are declared hearing services for the application of paragraph 8 (1) (ad) of the Act to the class of designated persons specified in paragraph 12 (c).
11 Class 8—certain Aboriginal persons and Torres Strait Islanders
The hearing services specified in Part 8 of Schedule 1 are declared hearing services for the application of paragraph 8 (1) (ad) of the Act to the class of designated persons specified in paragraph 12 (d).
Note: Sections 4 to 11 declare hearing services for classes of persons. Class 1 is declared under subsections 8 (4) and (8) of the Act, classes 2 and 3 under subsection 8 (5) of the Act, class 4 under subsection 8 (6) of the Act and classes 5, 7 and 8 under subsection 8 (8) of the Act. There is no class 6.
12 Designated persons
For paragraph 8 (1) (ad) of the Act, each person in any of the following classes of persons is a designated person:
(a) persons, each of whom:
(i) has turned 26 and, immediately before turning 26, was a young adult or young NDIS participant; or
(ii) has ceased to be a member of a class specified in paragraph (c);
(c) eligible persons, each of whom:
(i) is a complex client; or
(ii) resides in, and receives his or her hearing services in, a place within the geographical area covered by a postcode listed in Schedule 2 (remote areas);
(d) Aboriginal persons and Torres Strait Islanders, each of whom is:
(i) under 26; or
(ii) over 50; or
(iii) a participant in the RJCP; or
(iv) an eligible person; or
(v) a person who:
A. was a participant in the CDEP Program at any time between 1 December 2005 and 30 June 2008; and
B. ceased to be a participant before 30 June 2013; and
C. between ceasing to be a participant and 30 June 2013 had received or was part‑way through receiving from the Authority one or more of the hearing services specified in Part 8 of Schedule 1; or
(vi) a person who:
A. was a participant in the CDEP Program at any time on or after 30 June 2013; and
B. has ceased to be a participant; and
C. before ceasing to be a participant had received or was part‑way through receiving from the Authority one or more of the hearing services specified in Part 8 of Schedule 1; or
(vii) a participant in the CDEP Program;
(e) persons, each of whom is:
(i) an Australian citizen who has turned 21 and who is under 26 years of age; or
(ii) an Australian permanent resident who has turned 21 and who is under 26 years of age;
(f) persons, each of whom is a young NDIS participant.
Note: Section 12 is made under subsection 8 (7) of the Act.
13 Certain services subject to payment of any applicable charges
(1) The provision to a person of a service specified in an item mentioned in subsection (2) is subject to payment of the charge, if any, that is payable by the person under the Australian Hearing Services Regulations 1992 for a service of that kind.
(2) The items are:
(a) in Part 1 of Schedule 1—item 6; and
(b) in Part 3 of Schedule 1—item 5; and
(c) in Part 7 of Schedule 1—items 2A and 5; and
(d) in Part 8 of Schedule 1—item 2A.
Schedule 1—Declared hearing services
Note 1: In this Schedule, a reference to the provision of a hearing device includes, in some instances, replacement of a hearing device; see subsection 3 (2).
Note 2 In this Schedule, a reference to any hearing service does not include services which test for, treat and rehabilitate individuals who have Central Auditory Processing Disorder; see subsection 3 (4).
Part 1—Young Australians and young adults and young NDIS participants
(section 4)
1. Services that are necessary to assess and measure the nature and extent of any hearing loss in the person.
2. Provision of any hearing device (other than a cochlear implant or a cochlear implant speech processor unit) that is:
(a) clinically appropriate to the hearing loss, the person’s capacity to benefit from the device and his or her life circumstances; and
(b) approved by the Authority.
3. Provision of a replacement cochlear implant speech processor unit.
4. Services necessary to fit, and monitor the suitability of, a selected hearing device and to achieve the maximum functionality of the device.
5. Ongoing advice and assistance about rehabilitation to the extent necessary to enable the person to achieve a rehabilitation outcome commensurate with his or her needs, including the provision of advice and support to the person’s parents, teachers and educational establishment on the management and support of the person concerning the hearing impairment.
6. Provision of necessary repairs, adjustment and maintenance of a hearing device, including the reasonable provision of replacement batteries.
Part 2—Referred Comcare clients generally
(section 5)
1. Services that are necessary to assess and measure the nature and extent, and to determine the cause, of any hearing loss in the person.
Part 3—Specified referred Comcare clients
(section 6)
1. Services that are necessary to assess and measure the nature and extent, and to determine the cause, of any hearing loss in the person.
2. Provision of any hearing device (other than a cochlear implant or a cochlear implant speech processor unit) that is clinically appropriate to the hearing loss, the person’s capacity to benefit from the device and his or her life circumstances.
3. Services necessary to fit, and monitor the suitability of, a selected hearing device and to achieve the maximum functionality of the device.
4. Ongoing advice and assistance about rehabilitation to the extent necessary to enable the person to achieve a rehabilitation outcome commensurate with his or her needs.
5. Provision of necessary repairs, adjustment and maintenance of a hearing device, including the reasonable provision of replacement batteries, for the first year.
6. Other clinically necessary hearing services, if agreed between the Authority and Comcare as hearing services to be made available to referred Comcare clients to whom this Part applies.
Part 4—Referred Commonwealth employees
(section 7)
1. Services that are necessary to assess and measure the nature and extent of any hearing loss in the person.
Part 5—Persons who cease to be in Class 1 or 7
(section 8)
1. Maintenance by the Authority of a hearing device issued to the person under paragraph 8(1)(aa) or (ad) of the Act, but excluding:
(a) replacement of major electronic components within a hearing device;
(b) provision of a battery for use in a hearing device;
(c) replacement by the Authority of a hearing device that is lost or damaged.
Note: Hearing services specified in Part 5 are declared hearing services in relation to a person for 5 years after the person ceases to be a member of class 1 or class 7.
Part 7—Certain eligible persons
(section 10)
1. Services that are necessary to assess and measure the nature and extent of any hearing loss in the person.
2. Provision of any hearing device (other than a cochlear implant or a cochlear implant speech processor unit) that is:
(a) clinically appropriate to the hearing loss, the person’s capacity to benefit from the device and his or her life circumstances; and
(b) approved by the Authority.
2A. Replacement of a hearing device (other than a cochlear implant or a cochlear implant speech processor unit):
(a) that has been:
(i) destroyed; or
(ii) lost, and unlikely to be found; or
(iii) damaged, and cannot be reasonably repaired; and
(b) if authorised by the Authority in accordance with regulation 4A of the Australian Hearing Services Regulations 1992.
3. Services necessary to fit, and monitor the suitability of, a selected hearing device and to achieve the maximum functionality of the device.
4. Ongoing advice and assistance about rehabilitation to the extent necessary to enable the person to achieve a rehabilitation outcome commensurate with his or her needs.
5. Provision of necessary repairs, adjustment and maintenance of a hearing device, including the reasonable provision of replacement batteries.
Part 8—Certain Aboriginal persons and Torres Strait Islanders
(section 11)
1. Services that are necessary to assess and measure the nature and extent of any hearing loss in the person.
2. Provision of any hearing device (other than a cochlear implant or a cochlear implant speech processor unit) that is:
(a) clinically appropriate to the hearing loss, the person’s capacity to benefit from the device and his or her life circumstances; and
(b) approved by the Authority.
2A. For an eligible person, replacement of a hearing device (other than a cochlear implant or a cochlear implant speech processor unit):
(a) that has been:
(i) destroyed; or
(ii) lost, and unlikely to be found; or
(iii) damaged, and cannot be reasonably repaired; and
(b) if authorised by the Authority in accordance with regulation 4A of the Australian Hearing Services Regulations 1992.
3. Services necessary to fit, and monitor the suitability of, a selected hearing device and to achieve the maximum functionality of the device.
4. Ongoing advice and assistance about rehabilitation to the extent necessary to enable the person to achieve a rehabilitation outcome commensurate with his or her needs, including the provision of advice and support to the person’s family and community on the management and support of the person in regard to his or her hearing impairment.
5. Provision of necessary repairs, adjustment and maintenance of a hearing device, including the reasonable provision of replacement batteries.
6. Provision of services, training and advice, in a culturally appropriate way, on matters of aural health and hygiene, including services, training and advice for the prevention and treatment of chronic conditions such as otitis media.
7. Provision of specialised amplification devices to meet the particular needs of certain persons in the class of persons specified in paragraph 12 (d).
Schedule 2—List of postcodes (remote areas)
(subparagraph 12 (c) (ii))
NSW 2333
2361
2386
2387
2388
2406
2418
2577
2648
2652
2665
2667
2669
2671
2672
2675
2676
2677
2681
2696
2710
2711
2715
2717
2732‑2739
2800
2821
2823
2824
2825
2831‑2840
2870‑2880
2898
3500
3585
3586
NT 800
811
812
821
822
825
830
847
850
851‑854
860
861
862
870
871
872
880
881
882
885
886
QLD 4357
4388
4390
4405
4406
4411
4413
4415‑4428
4454
4455
4461
4462
4465
4467
4468
4470‑4498
4625
4626
4627
4671
4700
4702
4703
4705
4707
4709
4715
4717
4718
4720‑4727
4730‑4733
4735‑4739
4741‑4746
4800
4804
4805
4807
4816
4820‑4830
4850
4870
4871
4872
4874
4875
4876
4878
4880
4890
4891
TAS 7255
7256
7257
7330
7467
7468
SA 5220‑5223
5304
5307
5310
5311
5312
5320
5330
5333
5341
5417
5422
5427
5430‑5434
5440
5461
5493
5573
5600
5601
5606
5607
5620
5632
5633
5641
5650‑5655
5660
5661
5670
5671
5680
5690
5700
5710
5720‑5725
5730‑5734
5750
5751
5799
VIC 3415
3418
3419
3420
3489
3490
3491
3494
3496
3501
3505
3506
3507
3509
3512
3875
3886‑3892
3921
3960
WA 6258
6312
6315‑6322
6328
6335‑6338
6341
6343
6346
6348
6350‑6359
6361
6363
6365
6367‑6370
6372
6377
6385
6386
6395
6396
6410
6413‑6431
6435‑6450
6468
6470‑6480
6484
6487‑6490
6513‑6520
6522
6525
6530
6532
6535
6536
6537
6606
6608
6609
6612‑6620
6623
6625
6627
6628
6630‑6635
6638‑6642
6646
6647
6701
6705
6707
6710‑6725
6728
6731
6733
6740
6741
6743
6751‑6755
6758
6760‑6762
6765
6770
NORFOLK ISLAND 2899
Endnotes
Endnote 1—About the endnotes
The endnotes provide information about this compilation and the compiled law.
The following endnotes are included in every compilation:
Endnote 1—About the endnotes
Endnote 2—Abbreviation key
Endnote 3—Legislation history
Endnote 4—Amendment history
Abbreviation key—Endnote 2
The abbreviation key sets out abbreviations that may be used in the endnotes.
Legislation history and amendment history—Endnotes 3 and 4
Amending laws are annotated in the legislation history and amendment history.
The legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.
The amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.
Editorial changes
The Legislation Act 2003 authorises First Parliamentary Counsel to make editorial and presentational changes to a compiled law in preparing a compilation of the law for registration. The changes must not change the effect of the law. Editorial changes take effect from the compilation registration date.
If the compilation includes editorial changes, the endnotes include a brief outline of the changes in general terms. Full details of any changes can be obtained from the Office of Parliamentary Counsel.
Misdescribed amendments
A misdescribed amendment is an amendment that does not accurately describe the amendment to be made. If, despite the misdescription, the amendment can be given effect as intended, the amendment is incorporated into the compiled law and the abbreviation “(md)” added to the details of the amendment included in the amendment history.
If a misdescribed amendment cannot be given effect as intended, the abbreviation “(md not incorp)” is added to the details of the amendment included in the amendment history.
Endnote 2—Abbreviation key
| ad = added or inserted | pres = present |
| am = amended | prev = previous |
| c = clause(s).............................. | (prev) = previously |
| Ch = Chapter(s)......................... | Pt = Part(s) |
| def = definition(s)..................... | r = regulation(s)/rule(s) |
| Dict = Dictionary....................... | Reg = Regulation/Regulations |
| disallowed = disallowed by Parliament | reloc = relocated |
| Div = Division(s)...................... | renum = renumbered |
| exp = expired or ceased to have effect | rep = repealed |
| hdg = heading(s)....................... | rs = repealed and substituted |
| LI = Legislative Instrument....... | s = section(s) |
| LIA = Legislative Instruments Act 2003 | Sch = Schedule(s) |
| mod = modified/modification.... | Sdiv = Subdivision(s) |
| No = Number(s)........................ | SLI = Select Legislative Instrument |
| o = order(s)............................... | SR = Statutory Rules |
| Ord = Ordinance....................... | Sub‑Ch = Sub‑Chapter(s) |
| orig = original............................ | SubPt = Subpart(s) |
| par = paragraph(s)/subparagraph(s) | |
| /sub‑subparagraph(s) |
Endnote 3—Legislation history
| Name | Registration | Commencement | Application, saving and transitional provisions |
| Declared Hearing Services Determination 1997 | 2 July 1997 (Gazette 1997, No. S268) | 1 July 1997 | |
| Declared Hearing Services Amendment Determination 1999 (No. 1) | 29 June 1999 (Gazette 1999, No. S278) | 1 July 1999 | — |
| Declared Hearing Services Amendment Determination 2005 (No. 1) | 24 Nov 2005 (F2005L03685) | 1 Dec 2005 | — |
| Declared Hearing Services Amendment Determination 2007 (No. 1) | 5 July 2007 (F2007L02197) | 1 July 2007 | — |
| Declared Hearing Services Amendment Determination 2007 (No. 2) | 30 Aug 2007 (F2007L03512) | 1 Sept 2007 | — |
| Declared Hearing Services Amendment Determination 2011 (No. 1) | 24 November 2011 (F2011L02419) | 1 January 2012 | — |
| Declared Hearing Services Amendment Determination 2013 (No. 1) | 21 June 2013 (F2013L01109) | 1 July 2013 | — |
| Declared Hearing Services Amendment Determination 2014 (No. 1) | 22 April 2014 ( F2014L00430) | ss 1‑4 and Sch 1: 1 July 2013 | — |
| Declared Hearing Services Amendment Determination 2014 (No. 2) | 26 June 2014 ( F2014L00827) | 1 July 2014 | — |
| Declared Hearing Services Amendment Determination 2016 (No. 1) | 17 May 2016 (F2016L00806) | 1 July 2016 (s 2) | — |
Endnote 4—Amendment history
| Provision affected | How affected |
| s. 1...................................... | rs. 1999 No. 1 |
| s. 3...................................... | am. 1999 No. 1; 2005 No. 1; 2011 No. 1; ad. 2013 No. 1; am. 2014 No. 1; rs. 2014 No. 2 |
| Heading to s. 4.................... | rs. 2005 No. 1; 2011 No. 1; ad. 2013 No. 1 |
| s. 4...................................... | am. 2005 No. 1 rs. 2011 No. 1 ad. 2013 No. 1 |
| s. 8...................................... | am. 2005 No. 1; 2011 No. 1; ad. 2013 No. 1 |
| s. 9...................................... | rep. 2011 No. 1 |
| Note to s. 11....................... | rs. 2011 No. 1 |
| s. 12.................................... | am. 2005 No. 1; 2007 Nos. 1 and 2; 2011 No. 1; ad., am. and rs. 2013 No.1; rs. 2014 No. 1 |
| s. 12A................................. | ad. 2007 No. 1 am. 2011 No. 1 rep. 2013 No. 1 |
| s. 13.................................... | am. 1999 No. 1; 2005 No. 1 |
| Schedule 1 | |
| Schedule 1.......................... | am. 1999 No. 1; 2005 No. 1; 2011 No. 1; ad. 2013 No. 1; ad. 2014 No. 1 |
| Schedule 2 | |
| Schedule 2.......................... | am F2016L00806 |
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