Declared Hearing Services Amendment Determination 1999 (No. 1)

Overview

The Declared Hearing Services Amendment Determination 1999 (No. 1) was enacted to amend the Declared Hearing Services Determination 1997, which was made under the Australian Hearing Services Act 1991. This legislative instrument was introduced to address specific gaps in the provision of hearing services, particularly concerning the replacement of hearing devices under certain circumstances. The determination was made by Bronwyn Kathleen Bishop, the Minister for Aged Care at the time, and it was issued under subsections 8(4), (5), (6), (7), and (8) of the Act. The primary policy objective of this amendment was to ensure that eligible individuals could receive necessary replacements for their hearing devices when these devices were destroyed, lost and unlikely to be found, or damaged beyond reasonable repair. This determination commenced on 1 July 1999, providing clarity and updated provisions to support the effective delivery of hearing services.

Scope and Application

The Declared Hearing Services Amendment Determination 1999 (No. 1) applies to the provision of hearing devices and their replacements under the Australian Hearing Services Act 1991. This legislation primarily concerns entities involved in the provision of hearing services, such as audiologists and hearing aid suppliers, as well as individuals who are eligible for hearing services under the Act. The Amendment Determination extends to all states and territories within Australia, ensuring a consistent approach across jurisdictions. The determination clarifies that a reference to the provision of a hearing device includes the provision of a replacement hearing device if the original device has been destroyed, lost and is unlikely to be found, or damaged beyond reasonable repair. Additionally, it specifies that such replacements are subject to authorisation by the relevant authority, in accordance with regulation 4A of the Australian Hearing Services Regulations 1992. The Amendment Determination does not introduce new exclusions or exemptions but instead refines the existing framework, ensuring that the provision of replacement hearing devices is both clinically necessary and authorised by the appropriate authority.

Key Provisions

The Declared Hearing Services Amendment Determination 1999 (No. 1) made under the Australian Hearing Services Act 1991, primarily amends the Declared Hearing Services Determination 1997. This determination, which came into effect on 1 July 1999, modifies the existing provisions to better cater to the needs of individuals who require hearing devices. For instance, section 3(2) of the amended determination expands the scope of what constitutes the provision of a hearing device to include the provision of a replacement hearing device under specific circumstances, such as when the original device is destroyed, lost and unlikely to be found, or damaged beyond reasonable repair on clinical grounds. The determination imposes certain obligations on the parties involved. For example, it mandates that any replacement of a hearing device must be authorised by the Authority, as per regulation 4A of the Australian Hearing Services Regulations 1992. This ensures that the replacement process adheres to established protocols and standards, thereby maintaining the quality and effectiveness of the hearing services provided. Additionally, the determination stipulates that the replacement of a hearing device must be provided to eligible persons, further emphasising the importance of accessibility and support for individuals with hearing impairments. In terms of compliance and enforcement, breaches of the provisions outlined in this determination may result in various consequences. Although specific penalties are not explicitly stated within the text, the Australian Hearing Services Act 1991 provides a framework for addressing non-compliance. This may include both civil and criminal penalties, depending on the severity and nature of the breach. Civil penalties can range from fines to more stringent measures, such as the revocation of a service provider's licence, while criminal penalties may involve imprisonment for individuals found guilty of serious violations. It is essential for parties governed by this determination to adhere to its provisions to avoid any potential legal repercussions.