Hearing Services (Eligible Persons) Determination 1997 (Cth)
Hearing Services (Eligible Persons) Determination 1997
as amended
made under section 5 (3) of the Hearing Services Administration Act 1997
Compilation start date: 1 July 2014
Includes amendments up to: Hearing Services (Eligible Persons) Amendment Determination 2014 (No. 1)
Prepared by the Department of Health, Canberra
About this compilation
The compiled instrument
This is a compilation of the Hearing Services (Eligible Persons) Determination 1997 amended and in force on 1 July 2014. It includes any amendment affecting the compiled instrument to that date.
This compilation was prepared on 11 July 2014.
The notes at the end of this compilation (the endnotes) include information about amending Acts and instruments and the amendment history of each amended provision.
Uncommenced provisions and amendments
If a provision of the compiled instrument is affected by an uncommenced amendment, the text of the uncommenced amendment is set out in the endnotes.
Application, saving and transitional provisions for amendments
If the operation of an amendment is affected by an application, saving or transitional provision, the provision is identified in the endnotes.
Modifications
If a provision of the compiled instrument is affected by a textual modification that is in force, the text of the modifying provision is set out in the endnotes.
Provisions ceasing to have effect
If a provision of the compiled instrument has expired or otherwise ceased to have effect in accordance with a provision of the instrument, details of the provision are set out in the endnotes.
Contents
1Citation [see Note 1] 4
2Commencement 4
3Interpretation 4
4Eligible persons 5
Endnotes 6
Citation [see Note 1]
This Determination may be cited as the Hearing Services (Eligible Persons) Determination 1997.
Commencement
This Determination commences on 1 November 1997.
Interpretation
In this Determination:
1991 Act means the Hearing Services Act 1991.
Act means the Hearing Services Administration Act 1997.
de facto partner of a person means:
(a) another person (whether of the same sex or a different sex) with whom the person has a relationship that is registered under a law of a State or Territory prescribed for the purposes of section 22B of the Acts Interpretation Act 1901 as a kind of relationship prescribed for the purposes of that section; or
(b) another person (whether of the same sex or a different sex) who is living with the person on a genuine domestic basis although not legally married to the person.
dependant, of an eligible person mentioned in paragraph 5 (2) (a), (b), (c) or (d) of the Act, means:
(a) a person who has attained the age of 21 years and is the spouse or de facto partner of the eligible person; or
(b) a person who:
(i) has attained the age of 21 years but is under 25 years; and
(ii) is receiving full time education at a school, college or university; and
(iii) is not being paid a disability support pension under the Social Security Act 1991; and
(iv) is wholly or substantially dependent on the eligible person or the spouse or de facto partner of the eligible person.
hearing device means goods for purposes in connection with hearing rehabilitation.
Note The following expressions used in this Determination are defined in the Hearing Services Administration Act 1997 (see s 4):
· AHS
· contracted service provider.
Eligible persons
(1) Each person within the class of persons specified in subsection (2), (3), (4), (5), (6) or (7) is an eligible person for the purposes of the Act.
(2) The class consists of those persons, each of whom, before 1 November 1997:
(a) was, at any time, an eligible person (within the meaning of the 1991 Act) other than an eligible person under paragraph 5 (1) (ac) or 5 (1) (ad) of that Act; and
(b) had a hearing device fitted by the Authority (within the meaning of the 1991 Act) or by a service provider contracted by the Authority; and
(c) ceased to be an eligible person under the 1991 Act.
(3) The class consists of those persons, each of whom, before 1 July 1997:
(a) was, at any time, an eligible person (within the meaning of the 1991 Act) under paragraph 5 (1) (ac) or 5 (1) (ad) of that Act; and
(b) had a hearing device fitted by the Authority (within the meaning of the 1991 Act) or by a service provider contracted by the Authority; and
(c) ceased to be an eligible person under the 1991 Act.
(4) The class consists of those persons, each of whom:
(a) has, at any time, been an eligible person under subsection 5 (1) of the Act; and
(b) has had a hearing device fitted by a contracted service provider; and
(c) has subsequently ceased to be an eligible person under that subsection.
(5) The class consists of persons each of whom is:
(a) an Australian citizen or Australian permanent resident; and
(b) a dependant of an eligible person mentioned in paragraph 5 (2) (a), (b), (c) or (d) of the Act.
(6) The class consists of persons each of whom:
(a) has reached the age of 21 years; and
(b) is either:
(i) a participant within the meaning of the National Disability Insurance Scheme Act 2013 and has been referred to the Minister 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 Minister in connection with the funding or provision of supports under the participant’s plan under section 26I of that Act.
(7) The class consists of persons each of whom:
(a) has, at any time, been an eligible person under subsection 4 (6); and
(b) has had a hearing device fitted by a contracted service provider; and
(c) has subsequently ceased to be an eligible person under that subsection.
Endnotes
Endnote 1—About the endnotes
The endnotes provide details of the history of this compilation and its provisions. The following endnotes are included in each compilation:
Endnote 1—About the endnotes
Endnote 2—Abbreviation key
Endnote 3—Legislation history
Endnote 4—Amendment history
Endnote 5—Uncommenced amendments
Endnote 6—Modifications
Endnote 7—Misdescribed amendments
Endnote 8—Miscellaneous
If there is no information under a particular endnote, the word “none” will appear in square brackets after the endnote heading.
Abbreviation key—Endnote 2
The abbreviation key in this endnote 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 the compiled law. The information includes commencement information for amending laws and details of 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 level. It also includes information about any provisions that have expired or otherwise ceased to have effect in accordance with a provision of the compiled law.
Uncommenced amendments—Endnote 5
The effect of uncommenced amendments is not reflected in the text of the compiled law, but the text of the amendments is included in endnote 5.
Modifications—Endnote 6
If the compiled law is affected by a modification that is in force, details of the modification are included in endnote 6.
Misdescribed amendments—Endnote 7
An amendment is a misdescribed amendment if the effect of the amendment cannot be incorporated into the text of the compilation. Any misdescribed amendment is included in endnote 7.
Miscellaneous—Endnote 8
Endnote 8 includes any additional information that may be helpful for a reader of the compilation.
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
This endnote sets out details of the legislation history of the Hearing Services (Eligible Persons) Determination 1997.
Table of Instruments
| Title | Date of notification | Commencement date | Application, saving and |
| Hearing Services (Eligible Persons) Determinations 1997 | 24 Sept 1997 (see Gazette 1997, No. S370) | 1 Nov 1997 | |
| Hearing Services (Eligible Persons) Amendment Determination 2006 (No. 1) | 28 July 2006 (see F2006L02451) | 29 July 2006 | — |
| Hearing Services (Eligible Persons) Amendment Determination 2008 (No. 1) | 19 Dec 2008 (see F2008L04723) | 1 Jan 2009 | — |
| Hearing Services (Eligible Persons) Amendment Determination 2013 (No. 1) | 21 June 2013 (see F2013L01105) | 1 July 2013 | — |
| Hearing Services (Eligible Persons) Amendment Determination 2014 (No. 1) | 26 June 2014 (see F2014L00821) | 1 July 2014 | — |
Endnote 4 – Amendment history
This endnote sets out the amendment history of the Hearing Services (Eligible Persons) Determination 1997.
Table of Amendments
| ad. = added or inserted am. = amended rep. = repealed rs. = repealed and substituted | |
| Provision affected | How affected |
| S. 3......................................... | am. 2006 No. 1; 2008 No. 1 |
| S. 4......................................... | am. 2006 No. 1; ad. and am. 2013 No. 1; rs. 2014 No. 1 |
Endnote 5—Uncommenced amendments [none]
Endnote 6—Modifications [none]
Endnote 7—Misdescribed amendments [none]
Endnote 8—Miscellaneous [none]
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