Hearing Services (Participants in the Voucher System) Determination 1997 (Cth)
Hearing Services (Participants in the Voucher System) Determination 1997
as amended
made under section 13 of the Hearing Services Administration Act 1997
Compilation start date: 1 July 2013
Includes amendments up to: Hearing Services (Participants in the Voucher System) Amendment Determination 2013 (No. 1)
Prepared by the Department of Health, Canberra
About this compilation
The compiled instrument
This is a compilation of the Hearing Services (Participants in the Voucher System) Determination 1997 amended and in force on 1 July 2013. It includes any amendment affecting the compiled instrument to that date.
This compilation was prepared on 24 October 2013.
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
Part 1Preliminary
1Name of Determination [see Note 1] 4
2Commencement 4
3Definitions 4
4Purpose of this Determination 5
5Classes of eligible persons 5
6Classes of hearing services 6
7Charges payable by participant who comes within class 1 or 2 10
8Charges payable by participant who comes within class 3 10
9Additional requirements 10
10Delegation 11
Notes 12
Part 1 Preliminary
Name of Determination [see Note 1]
This Determination is the Hearing Services (Participants in the Voucher System) Determination 1997.
Commencement
This Determination commences on 1 November 1997.
Definitions
In this Determination:
Act means the Hearing Services Administration Act 1997.
hearing device means goods for purposes in connection with hearing rehabilitation.
maintenance services means any of the following services:
(a) servicing a hearing device to the extent necessary to achieve functionality;
(b) giving advice to a voucher-holder about the use or servicing of a hearing device;
(c) providing and replacing the batteries forming part of a hearing device.
participant means a participant in the voucher system.
Table A means the Table set out at the end of section 5.
Table B means the Table set out at the end of section 6.
type 1 hearing loss means hearing loss averaging greater than 23 decibels when tested at 0.5, 1 and 2 kilohertz.
type 2 hearing loss means hearing loss averaging 23 decibels or less when tested at 0.5, 1 and 2 kilohertz.
voucher system means the voucher system established under Division 3 of Part 2 of the Act.
Wishes and Needs Tool means the questions, answers and scoring system in the Wishes and Needs Tool document issued by the National Acoustic Laboratories, as in force on 1 July 2010, where the questions are in the order specified in that document and are answered by the participant.
Note A number of expressions used in this Determination are defined in the Hearing Services Administration Act 1997 (see s 4), including:
·available (in relation to a hearing service)
·contracted service provider
·eligible person
·hearing services
·participant in the voucher system
·voucher
·voucher-holder.
Purpose of this Determination
(1) Under section 10 of the Act, the Minister has the function of issuing vouchers to participants in the voucher system established under the Act.
(2) Under section 13 of the Act, the Minister has the function of determining various matters concerning participants in the voucher system.
(3) This Determination gives effect to that function under section 13 of the Act.
(4) This Determination applies to vouchers issued by the Minister for any period on or after 1 November 1997.
Classes of eligible persons
For paragraph 13 (1) (a) of the Act, each eligible person included in a class of eligible persons specified in column 2 in Table A is a participant in the voucher system.
Table A
Column 1
Class No.
Column 2
Description of class of eligible persons
1 (a) Eligible persons each of whom, on or after 1 November 1997:
(i) has not previously received a hearing service funded (wholly or in part) by the Commonwealth; or
(ii) has previously received a hearing service funded (wholly or in part) by the Commonwealth
(b) Eligible persons under subsection 4 (6) of the Hearing Services (Eligible Persons) Determination 1997
Note The Hearing Services (Eligible Persons) Determination 1997 is made by the Minister under subsection 5 (3) of the Act.
2 Eligible persons each of whom, on 1 November 1997, is part-way through receiving services or goods in connection with hearing rehabilitation 3 Eligible persons each of whom, on 1 November 1997 is receiving maintenance service from a contracted service provider 4 Eligible persons under the Hearing Services (Eligible Persons) Determination) 1997 excluding those in the class specified in subsection 4 (6) of that Determination
Note The Hearing Services (Eligible Persons) Determination 1997 is made by the Minister under subsection 5 (3) of the Act.
Classes of hearing services
(1) Subject to subsection (2) and sections 7, 8 and 9, the hearing services that are available under a voucher to a participant who comes within a class of persons specified in an item in Table A and mentioned in column 1 in Table B are the services specified in column 2 in relation to the class.
(2) The availability of hearing services for a participant is subject to assessment by a contracted service provider of the participant’s hearing needs.
Table B
Column 1
Class No.
(by reference to Table A)Column 2
Description of available hearing services
1 1. Services necessary to assess and measure the nature and extent of the participant’s hearing loss 2. Advice and assistance to the extent necessary to achieve a rehabilitation outcome by the participant that is commensurate with his or her needs 3. For a participant with type 1 hearing loss in at least 1 ear, provision of a hearing device for fitting in an ear with type 1 hearing loss, if that device:
(a) meets the specifications approved by the Minister; and
(b) is approved by the Minister, in writing, for this section for fitting at no cost to participants; and
(c) is clinically necessary and appropriate to the participant’s hearing loss, capacity to benefit from its use and life circumstances
4. For a participant with type 1 hearing loss in at least 1 ear, provision of a hearing device for fitting in an ear with type 1 hearing loss, if that device:
(a) meets the specifications approved by the Minister; and
(b) is approved by the Minister, in writing, for this section as a device for which participants can be asked to make a payment to the provider; and
(c) is clinically suitable to the participant’s hearing loss
Note Subsection 7 (2) applies.
5. For a participant with type 2 hearing loss in at least 1 ear and who meets the additional requirements set out in subsection 9(2), provision of a hearing device for fitting in an ear with type 2 hearing loss, if that device:
(a) meets the specifications approved by the Minister; and
(b) is approved by the Minister, in writing, for this section for fitting at no cost to participants; and
(c) is clinically necessary and appropriate to the participant’s hearing loss, capacity to benefit from its use and life circumstances
6. For a participant with type 2 hearing loss in at least 1 ear and who meets the additional requirements set out in subsection 9(2), provision of a hearing device for fitting in an ear with type 2 hearing loss, if that device:
(a) meets the specifications approved by the Minister; and
(b) is approved by the Minister, in writing, for this section as a device for which participants can be asked to make a payment to the provider; and
(c) is clinically suitable to the participant’s hearing loss
Note Subsection 7 (2) applies.
7. Replacement of a hearing device that has been lost, destroyed or damaged, if authorised by the Minister in accordance with section 10 of the Hearing Services Voucher Rules 1997.
Note Subsection 7 (2A) applies.
8. Services necessary to fit the selected hearing device 9. Necessary repairs and maintenance of the hearing device, including the reasonable provision of replacement batteries, for a period of 1 year
Note Subsection 7 (3) applies.
2
The following services, other than any service that the participant had received before 1 November 1997: 1. Services necessary to assess and measure the nature and extent of the participant’s hearing loss 2. Advice and assistance to the extent necessary to achieve a rehabilitation outcome by the participant that is commensurate with his or her needs 3. For a participant with type 1 hearing loss in at least 1 ear, provision of a hearing device for fitting in an ear with type 1 hearing loss, if that device:
(a) meets the specifications approved by the Minister; and
(b) is approved by the Minister, in writing, for this section for fitting at no cost to participants; and
(c) is clinically necessary and appropriate to the participant’s hearing loss, capacity to benefit from its use and life circumstances
4. For a participant with type 1 hearing loss in at least 1 ear, provision of a hearing device for fitting in an ear with type 1 hearing loss, if that device:
(a) meets the specifications approved by the Minister; and
(b) is approved by the Minister, in writing, for this section as a device for which participants can be asked to make a payment to the provider; and
(c) is clinically suitable to the participant’s hearing loss
Note Subsection 7 (2) applies.
5. For a participant with type 2 hearing loss in at least 1 ear and who meets the additional requirements set out in subsection 9(2), provision of a hearing device for fitting in an ear with type 2 hearing loss, if that device:
(a) meets the specifications approved by the Minister; and
(b) is approved by the Minister, in writing, for this section for fitting at no cost to participants; and
(c) is clinically necessary and appropriate to the participant’s hearing loss, capacity to benefit from its use and life circumstances
6. For a participant with type 2 hearing loss in at least 1 ear and who meets the additional requirements set out in subsection 9(2), provision of a hearing device for fitting in an ear with type 2 hearing loss, if that device:
(a) meets the specifications approved by the Minister; and
(b) is approved by the Minister, in writing, for this section as a device for which participants can be asked to make a payment to the provider; and
(c) is clinically suitable to the participant’s hearing loss
Note Subsection 7 (2) applies.
7. Replacement of a hearing device that has been lost, destroyed or damaged, if authorised by the Minister in accordance with section 10 of the Hearing Services Voucher Rules 1997.
Note Subsection 7 (2A) applies.
8. Services necessary to fit the selected hearing device
9. Necessary repairs and maintenance of the hearing device, including the reasonable provision of replacement batteries, for a period of 1 year
Note Subsection 7 (3) applies.
3 1. Necessary repairs and maintenance of the hearing device, including the reasonable provision of replacement batteries, for a period of 1 year
Note Subsection 8 (2) applies.
2. Replacement of a hearing device that has been lost, destroyed or damaged, if authorised by the Minister in accordance with section 10 of the Hearing Services Voucher Rules 1997
4 Necessary repairs and maintenance of the hearing device, excluding the replacement of major electronic components within the device and provision of batteries for use with the device, for a period of 5 years from the date the participant ceased to be an eligible person.
Note For this item, necessary repairs and maintenance covers the following:
· cleaning
· replacement of minor parts, such as tubing
· earmould renewal and repair.
Charges payable by participant who comes within class 1 or 2
(1) In this section:
class 1 means class 1 specified in Table A.
class 2 means class 2 specified in Table A.
item means an item in column 2, in relation to class 1 or 2, in Table B.
(2) The services specified in items 4 and 6 are available to a participant only if the participant agrees to accept personal responsibility for paying extra charges incurred because the participant chose a hearing device of a kind mentioned in those items.
(2A) The service specified in item 7 is available to a participant only if the participant agrees to accept personal responsibility for paying extra charges incurred because the participant chose a particular replacement hearing device.
(3) The service specified in item 9 is available to a participant only if:
(a) a yearly charge is paid by the participant or by someone else on behalf of the participant; and
(b) the charge does not exceed the maximum charge for maintenance under paragraph 28 (5) (b) of the Hearing Services Rules of Conduct 2012.
Charges payable by participant who comes within class 3
(1) In this section:
class 3 means class 3 specified in Table A.
(2) The service specified in item 1 in column 2 in Table B that relates to class 3, is available to a participant only if:
(a) a yearly charge is paid by the participant or by someone else on behalf of the participant; and
(b) the charge does not exceed the maximum charge for maintenance under paragraph 28 (5) (b) of the Hearing Services Rules of Conduct 2012.
Additional requirements
(1) In this section:
class 1 means class 1 specified in Table A.
class 2 means class 2 specified in Table A.
item means an item in column 2, in relation to class 1 or 2, in Table B.
(2) For items 5 and 6, the requirements are:
(a) the participant receives a score of 5 or greater on the Wishes and Needs Tool with a score of 2 or greater for each response; and
(b) the participant has:
(i) high frequency hearing loss averaging 40 decibels or greater when tested at 2, 3 and 4 kilohertz in the ear in which the hearing device is for fitting; or
(ii) tinnitus, the symptoms of which can be reduced through the use of the device; or
(iii) previously used a voucher to obtain a hearing device and can demonstrate to the satisfaction of a contracted service provider use of that device ; or
(iv) a visual impairment that reduces the ability to see mouth movements and is not able to be corrected by medical or optometrical treatment.
Delegation
(1) In this section:
class 1 means class 1 specified in Table A.
class 2 means class 2 specified in Table A.
item means an item in column 2, in relation to class 1 or 2, in Table B.
(2) The Minister may, by writing, delegate the Minister’s function of approving hearing devices for items 3, 4, 5 and 6 to:
(a) the Secretary of the Department; or
(b) any other officer of the Department.
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 (Participants in the Voucher System) Determination 1997.
Table of Instruments
| Title | Date of notification in Gazette or FRLI registration | Date of | Application, saving or |
| Hearing Services (Participants in the Voucher System) Determination 1997 | 24 Sept 1997 (see Gazette 1997, No. S370) | 1 Nov 1997 | |
| Hearing Services (Participants in the Voucher System) Determination 1997 (Amendment No. 1 of 1997) | 4 Dec 1997 (see Gazette 1997, No. S503) | 4 Dec 1997 | — |
| Hearing Services (Participants in the Voucher System) Amendment Determination 1999 (No. 1) | 29 June 1999 (see Gazette 1999, No. S278) | 1 July 1999 | — |
| Hearing Services (Participants in the Voucher System) Amendment Determination 2000 (No. 1) | 28 June 2000 (see Gazette 2000, No. GN25) | 1 July 2000 | — |
| Hearing Services (Participants in the Voucher System) Amendment Determination 2005 (No. 1) | 30 Sept 2005 (see F2005L02975) | 1 Oct 2005 | — |
| Hearing Services (Participants in the Voucher System) Amendment Determination 2010 (No. 1) | 22 June 2010 (see F2010L01642) | 1 July 2010 | — |
| Hearing Services (Participants in the Voucher System) Amendment Determination 2012 (No. 1) | 1 June 2012 (see F2012L01147) | 1 July 2012 (see s. 2) | — |
| Hearing Services (Participants in the Voucher System) Amendment Determination 2013 (No. 1) | 21 June 2013 (see F2013L01103 | 1 July 2013 | — |
Endnote 4 – Amendment history
This endnote sets out the amendment history of the Hearing Services (Participants in the Voucher System) Determination 1997.
Table of Amendments
| ad. = added or inserted am. = amended rep. = repealed rs. = repealed and substituted | |
| Provision affected | How affected |
| Part 1 | |
| S. 1......................................... | rs. 1999 No. 1 |
| S. 3......................................... | am. 2000 No. 1; 2010 No. 1; 2012 No. 1 |
| S. 5......................................... | rs. 2013 No. 1 |
| S. 6......................................... | am. 1997 No. 1; 1999 No. 1; 2000 No. 1; 2005 No. 1; 2010 No. 1; 2012 No. 1 |
| S. 7......................................... | am. 1997 No. 1; 1999 No. 1; 2000 No. 1; 2005 No. 1; 2010 No. 1; 2012 No. 1 |
| S. 8......................................... | am. 1999 No. 1; 2000 No. 1; 2005 No. 1; 2012 No. 1 |
| S. 9......................................... | ad. 2010 No. 1 |
| S. 10....................................... | ad. 2012 No. 1 |
Endnote 5—Uncommenced amendments [none]
Endnote 6—Modifications [none]
Endnote 7—Misdescribed amendments [none]
Endnote 8—Miscellaneous [none]
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