Australian Hearing Services (Declared Hearing Services) Determination 2025
made under subsection 8 of the
Australian Hearing Services Act 1991
Compilation No. 1
Compilation date: 1 November 2025
Includes amendments: F2026L00524
About this compilation
This compilation
This is a compilation of the Australian Hearing Services (Declared Hearing Services) Determination 2025 that shows the text of the law as amended and in force on 1 November 2025 (the compilation date).
The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.
Uncommenced amendments
The effect of uncommenced amendments is not shown in the text of the compiled law. The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. Any uncommenced amendments affecting the law are accessible on the Register (www.legislation.gov.au).
Application, saving and transitional provisions
If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.
Editorial changes
For more information about any editorial changes made in this compilation, see the endnotes.
Presentational changes
The Legislation Act 2003 provides for First Parliamentary Counsel to make presentational changes to a compilation. Presentational changes are applied to give a more consistent look and feel to legislation published on the Register, and enable the user to more easily navigate those documents.
Modifications
If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. Any modifications affecting the law are accessible on the Register.
Self‑repealing provisions
If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.
Contents
1 Name
2 Commencement
3 Authority
4 Definitions
5 Schedules
6 Declared Hearing Services
7 Specified persons
8 Designated persons
9 Certain services subject to payment of any applicable charges
Schedule 1—Repeals
Australian Hearing Services (Declared Hearing Services) Determination 2019
Endnotes
Endnote 1—About the endnotes
Endnote 2—Abbreviation key
Endnote 3—Legislation history
Endnote 4—Amendment history
1 Name
This instrument is the Australian Hearing Services (Declared Hearing Services) Determination 2025.
2 Commencement
(1) Each provision of this instrument specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.
Commencement information | ||
Column 1 | Column 2 | Column 3 |
Provisions | Commencement | Date/Details |
1. The whole of this instrument | To coincide with the commencement of the Remote Australia Employment Service, relevant to | 1 November 2025 |
Note: This table relates only to the provisions of this instrument as originally made. It will not be amended to deal with any later amendments of this instrument.
(2) Any information in column 3 of the table is not part of this instrument. Information may be inserted in this column, or information in it may be edited, in any published version of this instrument.
3 Authority
This instrument is made under section 8 of the Australian Hearing Services Act 1991.
Note: Section 8 of the Act sets out the functions of the Authority known as Australian Hearing Services. Under subsection 8(1), the Authority has the function of providing declared hearing services to: young Australians (paragraph (aa)); referred Comcare clients (paragraph (ab)); referred Commonwealth employees (paragraph (ac)); and designated persons (paragraph (ad)). This determination sets out the hearing services that are declared hearing services for the purposes of those paragraphs, under subsections 8(4), (5), (6) and (8) of the Act. This determination also specifies persons who are a designated person for the purposes of paragraph 8(1)(ad), under subsection 8(7) of the Act.
4 Definitions
Note: Some expressions used in this instrument are defined in the definitions section of the Act, including the following:
- Authority
- Young Australians.
(1) In this instrument:
Aboriginal person has the meaning given by the Aboriginal and Torres Strait Islander Act 2005.
Act means the Australian Hearing Services Act 1991.
ASGS means the geographical framework known as the Australian Statistical Geography Standard, published by the Australian Bureau of Statistics.
CDEP Program means the Community Development Employment Projects Program administered by the Department of Social Services that operated between 1 December 2005 and 30 June 2013.
CDP means the Community Development Program jointly administered by the Department of the Prime Minister and Cabinet and the Department of Employment, Skills, Small and Family Business, and subsequently the National Indigenous Australians Agency, that operated between 1 July 2015 and
31 October 2025 and was replaced by the RAES.
Comcare means the Safety, Rehabilitation and Compensation Commission.
Department means the Department administered by the Minister administering the Hearing Services Administration Act 1997.
eligible for specialist hearing services: a person is eligible for specialist hearing services if, and only if, they are an eligible person who has:
- a hearing loss where the average hearing threshold level for 0.5, 1 and 2 kilohertz (kHz) in the person’s better ear is greater than, or equal to, 80 decibels; or
- hearing loss and communication difficulty that:
(i) prevents the person from communicating effectively in their daily environment; or
(ii) is caused or aggravated by significant physical, intellectual, mental, emotional or social disability.
eligible person means a person who, under the Hearing Services Administration Act 1997, is an eligible person.
Modified Monash Model area 6 means all areas in Remoteness Area 4, as determined by the Department using ASGS data, that are not on a populated island that is separated from the mainland and is more than 5 kilometres offshore.
Modified Monash Model area 7 means all areas in Remoteness Area 5, as determined by the Department using ASGS data, that are on a populated island that is separated from the mainland and is more than 5 kilometres offshore.
parent in relation to a young Australian, includes a step-parent, adoptive parent, foster parent or legal guardian of the young Australian.
Predecessor program of the RAES means the CDEP Program, CDP or the RJCP.
referred Comcare client has the meaning given by subsection 8(10) of the Act.
referred Commonwealth employee has the meaning given by subsection 8(10) of the Act.
RAES means the Remote Australia Employment Service administered by the National Indigenous Australians Agency that will commence operation on
1 November 2025.
RJCP means the Remote Jobs and Communities Program that operated between 1 July 2013 and 30 June 2015, and was replaced by the CDP.
Torres Strait Islander has the meaning given by the Aboriginal and Torres Strait Islander Act 2005.
young adult means:
- an Australian citizen who has turned 21 and who is under 26 years of age; or
- an Australian permanent resident who has turned 21 and who is under 26 years of age.
young Australians means:
- Australian citizens under 21 years of age; or
- Australian permanent residents under 21 years of age.
(2) A reference in this instrument to any hearing service does not include services which test for, treat and rehabilitate individuals who have Central Auditory Processing Disorder.
Note: Central Auditory Processing Disorder is a deficit in the information processing of audible signals not attributed to impaired peripheral hearing sensitivity or intellectual impairment. This information processing involves perceptual, cognitive, and linguistic functions.
5 Schedules
Each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.
6 Declared Hearing Services
The below hearing services are declared hearing services. Not all specified persons are entitled to all declared hearing services. The ‘declared hearing services entitlement’ column in the table at section 7 indicates which specified persons are entitled to which declared hearing services.
Item | Sub-item | Declared hearing services |
1. | (a) | Services that are necessary to assess and measure the nature and extent of any hearing loss in the person. |
| (b) | Services that are necessary to determine the cause of any hearing loss in the person. |
2. |
| Provision of any hearing device (other than a cochlear implant, or cochlear implant speech processor unit) that is: |
| (a) | clinically appropriate to the hearing loss, the person’s capacity to benefit from the device and his or her life circumstances; and is approved by the Authority. |
| (b) | clinically appropriate to the hearing loss, the person’s capacity to benefit from the device and his or her life circumstances. |
3. |
| Provision of a replacement cochlear implant speech processor unit or bone conduction speech processor unit. |
4. |
| Services necessary to fit, and monitor the suitability of, a selected hearing device and to achieve the maximum functionality of the device. |
5. | (a) | 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. |
| (b) | Provision of advice and support to the person’s parents, teachers and educational establishment on the management and support of the person concerning the hearing impairment. |
| (c) | Provision of advice and support to the person’s family and community on the management and support of the person in regard to their impairment. |
6. | (a) | Provision of necessary repairs, adjustment and maintenance of a hearing device, including the reasonable provision of replacement batteries. |
| (b) | Provision of necessary repairs, adjustment and maintenance of a hearing device, including the reasonable provision of replacement batteries for the first year. |
7. |
| Other clinically necessary hearing services, if agreed between the Authority and Comcare as hearing services to be made available to referred Comcare clients in Class 3. |
8. |
| Maintenance by the Authority of a hearing device issues to the person under paragraph 8(1)(aa) of the Act, but excluding:
for the period of 5 years. The period of 5 years begins on the day when:
|
9. |
| Replacement of a hearing device (other than a cochlear implant, or cochlear implant speech processor unit):
|
10. |
| Provision of services, training and advice, in a culturally appropriate way, on matters of aural health and hygiene, including services, training and advice for the prevention and treatment of chronic conditions such as otitis media. Provision of specialised amplification devices to meet the particular needs of certain persons in this class of persons. |
| Note: Reference to Class in this table is a reference to the respective Class in the table in Section 7. | |
7 Specified persons
The following classes of specified persons are eligible for declared hearing services as provided in the ‘declared hearing services entitlement’ column. Declared hearing services are defined in section 6. The declared hearing services entitlement column references items and sub-items in the table in section 6.
Class | Persons to receive the hearing services | Declared hearing services entitlement |
1 | Young Australians and young adults. | 1(a), 2(a), 3, 4, |
2 | Referred Comcare clients generally. | 1(a)-(b) |
3 | Referred Comcare client who, under an agreement between the Authority and Comcare, are persons to whom these hearing services are to be made available. | 1(a)-(b), 2(b), 4, 5(a), 6(b), 7 |
4 | Referred Commonwealth employees generally. | 1(a) |
5 | A person who:
| 8 |
6 | An eligible person who:
| 1(a), 2(a), 4, 5(a), 6(a), 9 |
7 | Aboriginal persons or Torres Strait Islanders who are:
| 1(a), 2(a), 4, 5(a)-(c), 6(a), 9, 10 |
8 Designated persons
For the purposes of paragraph 8(1)(ad) and subsection 8(7) of the Act, a person in one of the following classes is a designated person:
(a) Class 1
(b) Class 5;
(c) Class 6; and
(d) Class 7.
A designated person is considered eligible for services under the Community Service Obligations (CSO) component of the Australian Government Hearing Services Program.
9 Certain services subject to payment of any applicable charges
(1) The provision to a person of a service specified in an item mentioned in subsection (2) is subject to payment of the charge, if any, that is payable by the person under the Regulations made under subsection 77(1) of the Act for a service of that kind.
(2) The items are:
(a) in Class 1—declared hearing services 6(a);
(b) in Class 3—declared hearing services 6(b);
(c) in Class 6—declared hearing services 6(a) and 9; and
(d) in Class 7—declared hearing services 6(a) and 9.
Schedule 1—Repeals
Australian Hearing Services (Declared Hearing Services) Determination 2019
1 The whole of the instrument
Repeal the instrument
Endnotes
Endnote 1—About the endnotes
The endnotes provide information about this compilation and the compiled law.
The following endnotes are included in every compilation:
Endnote 1—About the endnotes
Endnote 2—Abbreviation key
Endnote 3—Legislation history
Endnote 4—Amendment history
Abbreviation key—Endnote 2
The abbreviation key 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 (or will amend) the compiled law. The information includes commencement details for amending laws and details of any 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 (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.
Editorial changes
The Legislation Act 2003 authorises First Parliamentary Counsel to make editorial and presentational changes to a compiled law in preparing a compilation of the law for registration. The changes must not change the effect of the law. Editorial changes take effect from the compilation registration date.
If the compilation includes editorial changes, the endnotes include a brief outline of the changes in general terms. Full details of any changes can be obtained from the Office of Parliamentary Counsel.
Misdescribed amendments
A misdescribed amendment is an amendment that does not accurately describe how an amendment is to be made. If, despite the misdescription, the amendment can be given effect as intended, then the misdescribed amendment can be incorporated through an editorial change made under section 15V of the Legislation Act 2003.
If a misdescribed amendment cannot be given effect as intended, the amendment is not incorporated and “(md not incorp)” is added to the amendment history.
Endnote 2—Abbreviation key
ad = added or inserted | orig = original |
am = amended | p = page(s) |
amdt = amendment | para = paragraph(s)/subparagraph(s) |
C[x] = Compilation No. x | /sub‑subparagraph(s) |
ch = Chapter(s) | pres = present |
cl = clause(s) | prev = previous |
cont. = continued | (prev…) = previously |
def = definition(s) | pt = Part(s) |
Dict = Dictionary | r = regulation(s)/Court rule(s) |
disallowed = disallowed by Parliament | reloc = relocated |
div = Division(s) | renum = renumbered |
ed = editorial change | rep = repealed |
exp = expires/expired or ceases/ceased to have | rs = repealed and substituted |
effect | s = section(s)/subsection(s) |
gaz = gazette | /rule(s)/subrule(s)/order(s)/suborder(s) |
LA = Legislation Act 2003 | sch = Schedule(s) |
LIA = Legislative Instruments Act 2003 | SLI = Select Legislative Instrument |
(md) = misdescribed amendment can be given | SR = Statutory Rules |
effect | sub ch = Sub‑Chapter(s) |
(md not incorp) = misdescribed amendment | sub div = Subdivision(s) |
cannot be given effect | sub pt = Subpart(s) |
mod = modified/modification | underlining = whole or part not |
No. = Number(s) | commenced or to be commenced |
Ord = Ordinance |
|
Endnote 3—Legislation history
Name | Registration | Commencement | Application, saving and transitional provisions |
Australian Hearing Services (Declared Hearing Services) Determination 2025 | 10 Oct 2025 (F2025L01241) | 1 Nov 2025 (s 2(1) item 1) |
|
Australian Hearing Services (Declared Hearing Services) Amendment Determination 2026 | 7 May 2026 (F2026L00524) | sch 1 (items 3-5): 1 July 2026 (s 2(1) items 4-6) | — |
Endnote 4—Amendment history
Provision affected | How affected |
s 2..................... | rep LA s 48D |
s 5..................... | rep LA s 48C |
s 6..................... | am F2026L00524 |
s 7..................... | am F2026L00524 |
Schedule 1 |
|
Schedule 1................ | rep LA s 48C |