EXPLANATORY STATEMENT
Issued by the authority of the Minister for Ageing
Australian Hearing Services Act 1991
DECLARED HEARING SERVICES AMENDMENT DETERMINATION 2005 (NO.1)
The purpose of this determination is to amend the Declared Hearing Services Determination 1997 (‘the principal determination’) to increase access to Australian Government Hearing Services for Aboriginal and Torres Strait Islander people, and to make several minor technical amendments.
Subsection 8(1) of the Australian Hearing Services Act 1991 (“the Act”) sets out the functions of Australian Hearing Services. These functions include the provision of declared hearing services to young Australians, referred Comcare clients, referred Commonwealth employees and designated persons. The term ‘designated person’ has the meaning given by subsection 8(7) of the Act.
Subsection 8(7) provides that the Minister may, by writing, determine that a specified person is a ‘designated person’. Subsection 8(8) of the Act also allows the Minister to determine that a specified hearing service is a ‘declared hearing service’ in relation to designated persons.
Under Part 8 of Schedule 1 of the principal determination, declared hearing services include, among other things, free hearing assessments, rehabilitation, and the provision of free hearing devices if clinically necessary. The combined effect of section 8 of the Act and the determinations made under subsections 8(7) and 8(8) is that Australian Hearing Services is given the function of providing declared hearing services to people who are ‘designated persons’.
The principal determination provides that Aboriginal and Torres Strait Islander people who are under 21 or who are ‘eligible persons’ under the Hearing Services Administration Act 1997 are ‘designated persons’. The Declared Hearing Services Amendment Determination 2005 (No.1) (‘the determination’) expands the class of designated persons to include Aboriginal and Torres Strait Islander people who are aged 50 years and over or who are participating in Community Development Employment Projects (CDEP). The determination makes no change to the services that they would be eligible to receive.
The determination also makes a number of minor technical amendments.
CONSULTATION
This initiative has been strongly advocated by the National Aboriginal Community Controlled Health Organisation (NACCHO). The provision of additional services to Aboriginal and Torres Straight Islander people has also been considered by the Hearing Services Consultative Committee. Australian Hearing is developing an implementation strategy in consultation with the Office of Hearing Services and other key stakeholders.
The determination is a “legislative instrument” for the purposes of the Legislative Instruments Act 2003.
Details of the determination are set out in the Attachment.
The determination commences on 1 December 2005.
Attachment
NOTES ON SECTIONS
1. Name of Determination
This section provides that the determination may be cited as the Declared Hearing Services Amendment Determination 2005 (No 1).
2. Commencement
This section provides that the determination commences on 1 December 2005.
3. Amendment of Declared Hearing Services Determination 1997
This section provides that Schedule 1 of the determination amends the Declared Hearing Services Determination 1997.
SCHEDULE 1 AMENDMENTS
Items [1] and [5] replace references to the Aboriginal and Torres Straight Islander Commission Act 1989, which has been amended, with a reference to the Aboriginal and Torres Strait Islander Act 2005.
Items [2], [4], [6], [7], [8], [9], [10], [13], [14], [15] and [16] remove references to "Australian children" and replace them with references to either "young Australians" or “persons” to bring the terminology into line with the Australian Hearing Services Act 1991.
Item [3] defines the CDEP Program.
Item [11] expands the meaning of ‘designated persons’ to include Aboriginal and Torres Strait Islander people who are aged 50 years and over or who are participating in the CDEP Program.
Item [12] changes the reference to the Hearing Services Regulations (as in force from time to time) to refer instead to the Australian Hearing Services Regulations 1992.
Overview
The Australian Hearing Services Act 1991, enacted by the Australian Parliament, aims to ensure the provision of declared hearing services to eligible Australians. The Act established Australian Hearing Services with a mandate to provide such services, which include free hearing assessments, rehabilitation, and the provision of free hearing devices if clinically necessary. The Declared Hearing Services Amendment Determination 2005 (No.1) was introduced to address the gap in access to these services for Aboriginal and Torres Strait Islander people, expanding the class of designated persons to include those aged 50 years and over or participating in Community Development Employment Projects (CDEP). This amendment was in response to strong advocacy by the National Aboriginal Community Controlled Health Organisation (NACCHO) and consultation with the Hearing Services Consultative Committee. The policy objective is to improve access to necessary hearing services for this demographic, ensuring that they receive the support they need without additional barriers.
Scope and Application
The Declared Hearing Services Amendment Determination 2005 (No. 1) amends the Declared Hearing Services Determination 1997 to enhance access to Australian Government Hearing Services for Aboriginal and Torres Strait Islander people. Under the Australian Hearing Services Act 1991, Australian Hearing Services are tasked with providing declared hearing services to various groups, including young Australians, referred Comcare clients, referred Commonwealth employees, and designated persons as defined by the Minister. The principal determination previously classified Aboriginal and Torres Strait Islander people under 21 or eligible under the Hearing Services Administration Act 1997 as designated persons. The Amendment Determination 2005 expands this category to include Aboriginal and Torres Strait Islander people aged 50 and over, or those participating in Community Development Employment Projects (CDEP), while maintaining the same services eligibility. The determination also introduces minor technical amendments and updates references to align with current legislation. The changes apply nationally and are effective from 1 December 2005, marking a legislative instrument under the Legislative Instruments Act 2003.
Key Provisions
The Declared Hearing Services Amendment Determination 2005 (No. 1) amends the Declared Hearing Services Determination 1997, primarily to enhance access to Australian Government Hearing Services for Aboriginal and Torres Strait Islander people. Under section 8(1) of the Australian Hearing Services Act 1991, Australian Hearing Services are tasked with providing declared hearing services to various groups, including designated persons, as defined by the Minister. The principal determination identifies certain categories of Aboriginal and Torres Strait Islander people as designated persons, such as those under 21 or eligible under the Hearing Services Administration Act 1997. The Amendment Determination expands this category to include Aboriginal and Torres Strait Islander people aged 50 years and over, or those participating in the Community Development Employment Projects (CDEP) (section 8(7) and 8(8)). These additional groups will now have access to the same services, including free hearing assessments, rehabilitation, and free hearing devices if clinically necessary.
The Amendment Determination imposes specific obligations on Australian Hearing Services to extend eligibility for declared hearing services to the newly defined groups. This includes the responsibility to provide appropriate information and support to ensure these services are accessible and effectively utilised by the expanded group of designated persons. Australian Hearing must also ensure that the technical amendments made in the determination, such as updating references to align with the Australian Hearing Services Act 1991 and the Aboriginal and Torres Strait Islander Act 2005, are properly implemented.
Failure to comply with the requirements set out in the Amendment Determination may result in legal consequences. While the determination itself does not specify penalties for non-compliance, breaches of the Australian Hearing Services Act 1991 or related regulations could lead to civil or criminal penalties. For instance, knowingly providing misleading or false information under the Act could result in a civil penalty, including fines, as outlined in the relevant legislation. Additionally, failure to adhere to the regulations may result in administrative actions or legal proceedings against Australian Hearing Services or its officers.