EXPLANATORY STATEMENT
Select Legislative Instrument 2011 No. 249
Australian Hearing Services Act 1991, section 77
Australian Hearing Services Amendment Regulations 2011 (No. 1)
Section 77 of the Australian Hearing Services Act 1991 (the Act) provides that the Governor‑General may make regulations, not inconsistent with the Act, prescribing matters required or permitted by the Act to be prescribed, and prescribing matters necessary or convenient to be prescribed for carrying out or giving effect to the Act.
The Regulations amend the Australian Hearing Services Regulations 1992 (the Principal Regulations) to relax the current age restrictions that apply to hearing aid service charges and hearing aid replacement charges.
Under section 8 of the Act, the functions of Australian Hearing Services are (among other things) to provide hearing services to several categories of eligible persons set out in paragraphs 8(1)(aa)‑(ad). These functions are referred to as the ‘Community Service Obligation’ (CSO) component of the Australian Government’s hearing services program, because they provide for various sectors of the community (such as young Australians, Defence Force personnel and certain Comcare clients) to receive low cost hearing services, funded mostly by the Australian Government.
The Regulations give effect to a commitment in the 2011‑12 Budget, by extending the CSO component of the hearing services program to young Australians until their 26th birthday. Parallel amendments are to be made to the Declared Hearing Services Determination 1997, administered by the Minister for Health and Ageing, to give effect to this commitment.
The Regulations specify that the hearing aid service charge that currently applies to persons under the age of 21 would instead apply to persons under the age of 26. The Regulations also specify that the hearing aid replacement charge that currently applies to persons aged 21 or above would instead apply to persons aged 26 and above. The effect of the amendments is that persons aged 21 to 25 inclusive will have greater access to the hearing services program.
The Regulations also make a technical amendment to insert a reference to section 62(1) of the Act, to indicate that the charges are imposed under that section of the Act.
The 2011-12 Budget announcement included a range of measures that formed part of the Government Response to the Senate Community Affairs Committee Inquiry into Hearing Health in Australia, conducted in 2009-10. The Inquiry consulted broadly across Australia, held nine public hearings and received 184 public submissions. The issues relating to the inability of CSO clients over the age of 21 to afford the cost of hearing aids was a key concern raised through this consultation process. Appropriate consultation within Government was also undertaken.
Previously, access to CSO services ceased on a client’s 21st birthday, but will now cease on a client’s 26th birthday. This extension allows eligible hearing impaired young Australians to continue to access hearing service and support while they are studying, training or establishing their careers. This extension ensures hearing impaired young Australians have optimal educational, employment and social inclusion opportunities at a time when they are least likely to have the financial capacity to purchase hearing devices essential to their development.
The Act specifies no conditions that need to be satisfied before the power to make the proposed Regulations may be exercised.
The Regulations are a legislative instrument for the purposes of the Legislative Instruments Act 2003.
The Regulations commence on 1 January 2012.
Overview
The Australian Hearing Services Amendment Regulations 2011 (No. 1) were enacted under the Australian Hearing Services Act 1991, aiming to address the financial barriers faced by young Australians in accessing hearing services. These Regulations were introduced by the Governor-General to amend the existing Australian Hearing Services Regulations 1992, relaxing the age restrictions that apply to hearing aid service charges and hearing aid replacement charges. This amendment extends the eligibility for low-cost hearing services to young Australians up until their 26th birthday, aligning with the Australian Government's commitment to support this demographic during their formative years of education, employment, and social development. The change was informed by extensive consultation and submissions, particularly highlighting the financial difficulties faced by hearing-impaired individuals over the age of 21. The Regulations are designed to ensure that young Australians have continued access to essential hearing services, thereby supporting their educational and employment opportunities.
Scope and Application
The Australian Hearing Services Amendment Regulations 2011 (No. 1) amend the Australian Hearing Services Regulations 1992 to alter the age restrictions on hearing aid service and replacement charges under the Australian Hearing Services Act 1991. The Act applies to the provision of hearing services to eligible persons, including young Australians, Defence Force personnel, and certain Comcare clients, and is administered by Australian Hearing Services. The Regulations extend the eligibility for these services, specifically increasing the age limit for hearing aid service charges from 21 to 26 years, and correspondingly adjusting the age for hearing aid replacement charges from 21 years to 26 years. This extension was made in response to findings from a Senate Inquiry into Hearing Health in Australia and aims to support young Australians during critical periods of education and career establishment. The Regulations do not specify any exclusions or thresholds beyond the amended age limits, and they are made under the authority granted by section 77 of the Act. These Regulations are part of the legislative instruments framework under the Legislative Instruments Act 2003 and come into effect on 1 January 2012.
Key Provisions
The Australian Hearing Services Amendment Regulations 2011 (No. 1) primarily amend the Australian Hearing Services Regulations 1992 by modifying the age restrictions on hearing aid service charges and hearing aid replacement charges (regulation 3). Section 8 of the Act sets out the functions of Australian Hearing Services, which include providing hearing services to eligible persons as part of the Community Service Obligation (CSO) component of the Australian Government’s hearing services program. This program aims to offer low-cost hearing services to various sectors of the community, such as young Australians, Defence Force personnel, and certain Comcare clients. The Regulations extend the CSO to young Australians until their 26th birthday, aligning with a commitment made in the 2011-12 Budget. Consequently, the hearing aid service charge, which was previously applied to persons under 21, now applies to those under 26. Similarly, the hearing aid replacement charge, originally for those aged 21 and above, now applies to those aged 26 and above. These changes mean that persons aged 21 to 25 will have increased access to the hearing services program.
The Regulations impose specific obligations on Australian Hearing Services and its clients. Australian Hearing Services must now ensure that young Australians aged between 21 and 25 continue to receive hearing services under the CSO component until their 26th birthday. Eligible clients within this age bracket must also be informed of their extended eligibility and the associated charges, if any, under the amended Regulations. The Regulations also require that any references to the applicable charges must now specify section 62(1) of the Act as the legal basis for these charges. These obligations are designed to ensure that the amended Regulations are implemented correctly and that all parties are aware of their rights and responsibilities under the updated hearing services program.
The Australian Hearing Services Amendment Regulations 2011 (No. 1) do not introduce new offences or penalties but rely on the existing provisions within the Australian Hearing Services Act 1991 for enforcement. Any breaches of the Act or the Regulations could potentially lead to civil or criminal consequences, depending on the nature and severity of the breach. The maximum penalties for offences under the Act include substantial fines, both for individuals and corporations, as well as imprisonment in certain circumstances. The specific penalties are determined by the courts based on the particulars of each case and the relevant provisions of the Act. The Regulations themselves ensure that the charges are imposed under section 62(1) of the Act, thereby maintaining the legal framework for enforcement of the amended hearing services program.