Australian Hearing Services Amendment Regulations 1999 (No. 1) 1999 No. 139
EXPLANATORY STATEMENT
STATUTORY RULES 1999 No. 139
Issued by authority of the Minister for Aged Care
Australian Hearing Services Act 1991
Australian Hearing Services Amendment Regulations 1999 (No. 1)
The Australian Hearing Services Act 1991 ('the Act') establishes Australian Hearing Services ('the Authority') as a statutory authority to provide hearing services.
Section 77 of the Act provides that the Governor General may make regulations for the purposes of the Act. Section 62 provides that the Regulations may provide for charges to be payable to the Authority for the provision of services.
The Regulations amend the Australian Hearing Services Regulations to:
(i) provide for a hearing aid service charge that does not exceed $30;
(ii) remove a $5 differential for dependents of clients of the Authority.
(ii) prescribe a hearing device replacement charge that does not exceed $30 for those over 21 years.
These amendments give effect to policies announced in the 1999-2000 Federal Budget for a revised fee structure for beneficiaries of the Hearing Services Program. Changes include.
* an increase in the hearing aid service charge (set in 1992) consistent with CPI movement;
* removal of fee anomalies across different user groups; and
* a new charge to recover part of the cost of replacement devices. (Statutory declaration used to avoid frivolous claims.)
Item 1 - amends Regulation 1 to change the citation of the Regulations to the Australian Hearing Services Regulations.
Item 2 - amends Regulation 3 to omit definitions of brother and client; terms that are no longer required because of other amendments.
Item 3 - amends Regulation 3 to omit from the definition of hearing aid service a service for the replacement by the Authority of a lost, damaged or obsolete hearing device. This service is the subject of Regulation 4A (Item 8).
Item 4 - amends Regulation 3 by inserting definitions for hearing device and person.
Item 5 - omits from Regulation 3 definitions of sister and spouse; terms that are no longer necessary because of other amendments.
Item 6 - amends Subregulations 4(2) and 4(3) by substituting a hearing aid service charge that must not exceed $30.
Item 7 - amends Subregulation 4(4) by substituting a hearing aid service charge that must not exceed $25 for those under 21 years.
Item 8 - inserts Regulation 4A and provides for a hearing device replacement charge not exceeding $30. This charge applies to persons provided with a replacement hearing device, subject to the individual being 21 years or more and satisfying the Authority on the basis of a statutory declaration that their issued device has been destroyed, lost or damaged beyond repair.
The Regulations commence on 1 July 1999.
Overview
The Australian Hearing Services Amendment Regulations 1999 (No. 1) were enacted to revise the fee structure for beneficiaries of the Hearing Services Program, as announced in the 1999-2000 Federal Budget. These regulations amend the Australian Hearing Services Regulations to align with the updated policy framework under the Australian Hearing Services Act 1991. The primary objectives include adjusting the hearing aid service charge to reflect the Consumer Price Index movement since its establishment in 1992, removing fee anomalies across different user groups, and introducing a new charge for the replacement of hearing devices to recover part of the associated costs. These amendments were authorised by the Minister for Aged Care and were implemented to ensure the sustainable and equitable provision of hearing services. The Regulations came into effect on 1 July 1999, ensuring that the new fee structure was operational from that date.
Scope and Application
The Australian Hearing Services Amendment Regulations 1999 (No. 1) apply to the Australian Hearing Services Act 1991, which establishes the Australian Hearing Services (the Authority) as a statutory authority for providing hearing services. These Regulations amend the Australian Hearing Services Regulations to introduce a revised fee structure for beneficiaries of the Hearing Services Program, including setting a maximum hearing aid service charge of $30 and a $30 charge for hearing device replacements for individuals aged over 21 years, aligning with changes announced in the 1999-2000 Federal Budget. These amendments also remove certain differentials and introduce a new charge for replacement devices. The Regulations apply nationally and are applicable to persons provided with hearing services under the Act, including those who require hearing aid services or replacements for lost, damaged, or obsolete hearing devices. The Regulations commenced on 1 July 1999 and are subject to further modifications through subordinate instruments as needed.
Key Provisions
The Australian Hearing Services Amendment Regulations 1999 (No. 1) provide several key amendments to the existing Australian Hearing Services Regulations, aligning with the updated fee structure announced in the 1999-2000 Federal Budget. Firstly, Regulation 1 updates the citation of the Regulations to the Australian Hearing Services Regulations. Regulation 2 omits definitions of terms such as "brother," "client," "sister," and "spouse" as they are no longer necessary due to other amendments in the Regulations. Regulation 3 removes the definition of "hearing aid service" that previously included replacement services for lost, damaged, or obsolete hearing devices, which is now covered under Regulation 4A (Item 8). This regulation introduces new definitions for "hearing device" and "person," clarifying the scope of services provided by the Authority. Regulation 4 modifies the hearing aid service charges, setting the maximum charge at $30, while Regulation 5 adjusts the charge to $25 for individuals under 21 years of age. Finally, Regulation 4A introduces a new hearing device replacement charge, not exceeding $30, for individuals aged 21 years or older, subject to certain conditions, including the provision of a statutory declaration by the individual.
The Regulations impose specific obligations on the parties governed by them. The Australian Hearing Services Authority must now charge no more than $30 for hearing aid services, except for individuals under 21 years, who are charged a maximum of $25. Additionally, a new charge of up to $30 is introduced for the replacement of hearing devices for those 21 years or older, contingent upon the individual satisfying the Authority that their device has been lost, damaged beyond repair, or destroyed. These changes aim to streamline the fee structure and ensure fairness across different user groups.
Breaches of these Regulations may not result in specific criminal or civil penalties as outlined in the explanatory statement. However, non-compliance with the stipulated charges could lead to administrative consequences, including financial discrepancies and potential audits by relevant authorities. The statutory declaration requirement for replacement charges is intended to mitigate frivolous claims, ensuring that the service remains accessible to those who genuinely require it.