Acoustic Laboratories Regulations (Amendment) 1991 No. 39
EXPLANATORY STATEMENT STATUTORY RULES 1991 No. 39
ISSUED BY THE AUTHORITY OF THE MINISTER FOR AGED, FAMILY AND HEALTH SERVICES
Acoustic Laboratories Act 1948
Acoustic Laboratories Regulations (Amendment)
Section 6 of the Acoustic Laboratories Act 1948 (the Act) provides that the Governor- General may make Regulations prescribing the terms and conditions under which the services of the acoustic laboratories may be made available and the charges which may be made for the services.
Regulation 3 of the Acoustic Laboratories Regulations (the principal Regulations) sets out charges for certain audiometric testing of a person who is an applicant for the grant or renewal of a licence under the Civil Aviation Regulations and for the purpose of medical treatment provided under the Commonwealth Employees' Rehabilitation and Compensation Act 1988. Regulation 4 prescribes fees for services provided at an acoustic laboratory involving the use of acoustic rooms and acoustic instruments, as well as for the testing of hearing protectors.
The amending Regulations, in summary, amended the principal Regulations to increase the various charges and fees in line with increased costs.
Regulation 3 of the amending Regulations inserted a definition of 'government agency' into Regulation 2 of the principal Regulations for the purposes of those Regulations.
Regulation 4 of the amending Regulations amended Regulation 3 of the principal Regulations to increase the charge for audiometric testing from $60 to $75 for each hour or part thereof. New paragraph 3(1)(c) of the principal Regulations extends the charge for testing to compensation clients referred by the Commonwealth Rehabilitation Service under Part III of the Disability Services Act 1986 for treatment of an injury that may be compensable under appropriate State legislation relating to workers compensation, other than that already specified in paragraph 3(1)(b) of the principal Regulations for other compensation clients. New sub-regulation 3(2) sets a charge of $25 for audiometric assessment of persons who are members or employees of Commonwealth, State or Territory bodies, other than those referred to in sub- regulation 3(1). A new sub-regulation 3(3), which defines worker's compensation payment,, is also inserted.
Regulation 5 of the amending Regulations amended Regulation 4 to increase the fees for services provided at acoustic laboratories.
Regulation 6 of the amending Regulations inserted a new regulation 4A to set charges for the calibration of items of equipment at an acoustic laboratory. New sub- regulation 4A(1) provides for fees of $45, $70 and $100 for certain specific services. New sub-regulation 4A(2) sets an hourly rate of $60 for all other calibration tests.
Regulation 7 of the amending Regulations substitutes a new subregulation 5(2) in the principal Regulations which provides that the fees for services specified in regulation 4 are payable at a reduced rate of 75% by a Government agency, a related body corporate or an educational institution.
Regulation 8 of the amending Regulations substitutes a new Schedule to the principal Regulations which raises the charges for the use of rooms at laboratories.
The Statutory Rules came into effect on 1 April 1991.
Overview
The Acoustic Laboratories Regulations (Amendment) 1991 No. 39 was introduced to address the need for updating the fees and charges associated with audiometric testing, equipment calibration, and the use of acoustic laboratories as specified under the Acoustic Laboratories Act 1948. This amendment was enacted by the Minister for Aged, Family and Health Services, aiming to align the fees with the increased operational costs. The policy objective was to ensure that the services provided by acoustic laboratories reflect current economic conditions and resource requirements, thereby maintaining the quality and availability of these essential services. The amendments specifically adjusted the charges for various types of audiometric tests, the calibration of equipment, and the use of laboratory facilities to accommodate the rising costs while also providing a reduced rate for certain entities such as government agencies, related corporate bodies, and educational institutions.
Scope and Application
The Acoustic Laboratories Regulations (Amendment) 1991 No. 39 applies to individuals and entities that require the services of acoustic laboratories, including those seeking audiometric testing for civil aviation purposes or medical treatment under the Commonwealth Employees' Rehabilitation and Compensation Act 1988. This regulation extends to government agencies, related body corporates, educational institutions, and other compensation clients referred by the Commonwealth Rehabilitation Service. The scope of the Act is nationwide, affecting all jurisdictions within Australia. However, the amended regulations do not explicitly exclude any categories of persons or entities, although specific reduced rates apply to government agencies, related body corporates, and educational institutions. The regulations also define terms such as 'government agency' and 'worker's compensation payment' to clarify their application. The amendments primarily involve increasing the various charges and fees to align with the rising costs of services provided by acoustic laboratories.
Key Provisions
The main sections of the Acoustic Laboratories Regulations (Amendment) 1991 No. 39, which are pertinent, include Regulation 4, which amends the charge for audiometric testing, and Regulation 5, which increases fees for services at acoustic laboratories. Regulation 4 increases the charge for audiometric testing from $60 to $75 per hour or part thereof, and extends this charge to compensation clients referred by the Commonwealth Rehabilitation Service under the Disability Services Act 1986 for injuries potentially compensable under state workers' compensation laws. A new sub-regulation 3(2) establishes a $25 charge for audiometric assessments of Commonwealth, State, or Territory body members or employees, excluding those specified in sub-regulation 3(1). Regulation 5 amends Regulation 4 to increase the fees for services at acoustic laboratories. Regulation 6 introduces a new Regulation 4A, which sets charges for the calibration of equipment at acoustic laboratories, with specific fees for certain services and an hourly rate of $60 for other calibration tests.
The obligations imposed by the amending Regulations on the parties they govern include the payment of increased fees for services rendered by acoustic laboratories. These fees include audiometric testing, use of rooms, and calibration of equipment, among others. The amending Regulations also require compliance with the new charges specified for different categories of clients, such as compensation clients under the Disability Services Act 1986 and members or employees of Commonwealth, State, or Territory bodies. Additionally, government agencies, related corporate bodies, and educational institutions must pay the specified fees at a reduced rate of 75%.
The amending Regulations do not explicitly state any offences, penalties, or civil or criminal consequences for breaches of the new fees and charges. However, failure to comply with the payment requirements or the specific conditions set by the Regulations could potentially lead to disputes or legal actions. The actual penalties for non-compliance would likely be determined by the specific terms of service agreements and applicable legislation at the time of the breach. It is important to note that while the amending Regulations themselves do not detail penalties, breaches of contractual terms or regulatory compliance in general may result in legal consequences depending on the circumstances and relevant laws.