Hearing Services Regulations (Amendment) (Cth)

Statutory Rules 1997

No. 333 1

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Hearing Services Regulations 2(Amendment)

I, The Governor-General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following Regulations under the Australian Hearing Services

Act 1991.

Dated 26 December 1997.

 WILLIAM DEANE

 Governor-General

By His Excellency’s Command,

TRISH WORTH

Parliamentary Secretary to the

Minister for Health and Family Services

for the

Minister for Health and Family Services

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1.   Amendment

1.1  The Hearing Services Regulations are amended as set out in these Regulations.

[NOTE:  These Regulations commence on gazettal: see Acts Interpretation

Act 1901, s. 48.]

2.   Regulation 1 (Citation)

2.1   Regulation 1:

Before “Hearing”, insert “Australian”.

3.   Regulation 3 (Interpretation)

3.1   Subregulation 3 (1) (definition of “client”):

Add at the end:

• “or (c)

  under the Hearing Services Administration Act 1997;”.

3.2   Subregulation 3 (1) (definition of “government agency”):

Omit the definition.

3.3   Subregulation 3 (1) (definition of “hearing aid service”):

Omit “product” (wherever occurring), substitute “device”.

3.4   Subregulation 3 (1) (definition of “the Act”):

Before “Hearing”, insert “Australian”.

3.5   Subregulation 3 (2):

Omit the subregulation.

4.   Regulation 3A (Remuneration and allowances of appointed members of the Board)

4.1   Omit the regulation.

5.   Regulation 4 (Hearing aid service charge and hearing aid service)

5.1   Subregulations 4 (1), (5), (6) and (7):

Omit “an eligible person”, substitute “a person”.

5.2   Subregulations 4 (1), (2), (3), (4), (5), (6) and (7):

Omit “the eligible person” (wherever occurring), substitute “the person”.

5.3   Subregulations 4 (4), (5) and (6):

Omit “hearing aid charge” (wherever occurring), substitute “hearing aid service charge”.

6.   Regulation 5 (Chargeable days)

6.1   Paragraph 5 (1) (a):

Omit “an eligible person”, substitute “a person”.

6.2   Subregulations 5 (1) and (2):

Omit “the eligible person” (wherever occurring), substitute “the person”.

7.   New regulation 6

7.1   After regulation 5, insert:

Charges for certain services

 “6.(1) Subject to subregulation (2), the charge set out in the Schedule for a service is payable to the Authority for provision of the service by the Authority.

 “(2) No charge is payable for a service of a kind specified in paragraph 8 (1) (a), (aa) or (ad) of the Act.”.

8.   Regulation 7 (Charge for audiometric testing)

8.1   Regulation 7:

Omit the regulation, substitute:

Liability to pay charge

 “7. A charge under these Regulations is payable by the person who incurs it.”.

9.   Regulations 8, 9, 10, 11 and 12

9.1   Omit the regulations.

10.   Schedule (Charges for the use of a room at an acoustic laboratory)

10.1   Schedule:

Omit the Schedule, substitute:

 SCHEDULE Regulation 6

CHARGES FOR CERTAIN SERVICES

Interpretation

1. In this Schedule:

“audiological compensation package” means any of the following hearing services in relation to a compensation claim:

• (a)

  services that are necessary to assess and measure the nature and extent, and to determine the cause, of any hearing loss in the person;

• (b)

  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;

• (c)

  services necessary to fit, and monitor the suitability of, a selected hearing device and to achieve the maximum functionality of the device;

• (d)

  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;

• (e)

  provision of necessary repairs, adjustment and maintenance of a hearing device, including the reasonable provision of replacement batteries, for the first year;

• (f)

  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.

Charges for services

2. The charges for services are:

Item	Description of services	Charges for services
1	Audiometric testing (other than for an audiological compensation package)	$110 for each hour or part of an hour
2	Audiological compensation package—monaural	$800 for each period of 12 months in which services are provided
3	Audiological compensation package—binaural	$1,400 for each period of 12 months in which services are provided
4	Use of specialist facilities, including hearing test booths and equipment, and anechoic rooms (other than for an audiological compensation package)	$800 for each day or part of a day
5	Consultancy services under paragraph 8 (1) (h) of the Act	$200 for each hour or part of an hour
6	Test of a hearing protector conducted at an acoustic laboratory	$5,000 for each hearing protector
7	Maintenance or calibration of equipment at an acoustic laboratory	$110 for each hour or part of an hour
8	Assessment of a hearing device for approval by the Authority	$600 for each hearing device
9	Training and education of persons or bodies (including overseas bodies)	$300 for each participant for each day or part of a day

[NOTE:  No charge is payable in the case of a service of a kind specified in paragraph 8 (1) (a), (aa) or (ad) of the Act. See subr. 6 (2).]

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NOTES

1. Notified in the Commonwealth of Australia Gazette on 3 December 1997.

2. Statutory Rules 1992 No. 188 as amended by 1992 No. 234; 1996 No. 149.