EXPLANATORY STATEMENT
Issued by the authority of the Minister for Ageing
Australian Hearing Services Act 1991
DECLARED HEARING SERVICES AMENDMENT DETERMINATION 2007 (NO.1)
The purpose of this determination is to amend the Declared Hearing Services Determination 1997 (‘the principal determination’). The amendments maintain access to Australian Government Hearing Services for Aboriginal and Torres Strait Islander people who will no longer participate in the Community Development Employment Projects (CDEP) Program after 1 July 2007 as a result of changes to CDEP that aim to further improve employment opportunities and incentives for Indigenous Australians and build on the reforms implemented to date.
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 12 of the Determination.
Subsection 8(7) of the Act 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:
(i) under 21; or
(ii) over 50; or
(iii) a participant in the CDEP Program; or
(iv) an eligible person under the Hearing Services Administration Act 1997
are ‘designated persons’.
The Declared Hearing Services Amendment Determination 2007 (No.1) (‘the determination’) expands the class of designated persons so that Aboriginal and Torres Strait Islander people who were participating in the CDEP Program between 1 December 2005 and
30 June 2007 will retain access to the Australian Government Hearing Services Program until 1 July 2012. The 2012 date reflects the five year expected life of a hearing device and is consistent with the already existing minor maintenance arrangements. The determination makes no change to the types of services that they would be eligible to receive.
The Department notes that the Determination has been registered with the commencement date of 1 July 2007. The Department considers that no person other than the Commonwealth will be adversely affected by the retrospective operation of the Determination.
CONSULTATION
No consultation was required as the amendment is of a minor nature and did not substantially alter existing arrangements.
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 July 2007.
Attachment
NOTES ON SECTIONS
1. Name of Determination
This section provides that the determination may be cited as the Declared Hearing Services Amendment Determination 2007 (No 1).
2. Commencement
This section provides that the determination commences on 1 July 2007.
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
Item [1] expands the meaning of ‘designated persons’.
Item [2] end dates the expanded meaning of ‘designated person’.
Overview
The Declared Hearing Services Amendment Determination 2007 (No. 1) was enacted to address the issue of access to Australian Government Hearing Services for Aboriginal and Torres Strait Islander people who were no longer participating in the Community Development Employment Projects (CDEP) Program as of 1 July 2007. This change aimed to improve employment opportunities and incentives for Indigenous Australians. Enacted by the authority of the Minister for Ageing under the Australian Hearing Services Act 1991, the policy objective of this determination is to ensure continuity in access to essential hearing services for this demographic, despite their disengagement from the CDEP Program. The Act and the associated determinations outline the provision of declared hearing services, including free hearing assessments, rehabilitation, and the provision of hearing devices, to designated persons, which now include certain Aboriginal and Torres Strait Islander individuals based on age and former participation in the CDEP Program until 1 July 2012.
Scope and Application
The Declared Hearing Services Amendment Determination 2007 (No. 1) amends the Declared Hearing Services Determination 1997 to ensure that Aboriginal and Torres Strait Islander people who were participants in the Community Development Employment Projects (CDEP) Program between 1 December 2005 and 30 June 2007 will continue to have access to Australian Government Hearing Services until 1 July 2012. This amendment is a response to changes in the CDEP Program aimed at enhancing employment opportunities and incentives for Indigenous Australians. Under the Australian Hearing Services Act 1991, Australian Hearing Services is tasked with providing declared hearing services to various groups, including designated persons. The 1997 Determination originally designated Aboriginal and Torres Strait Islander people under certain age categories or participating in the CDEP Program as eligible for these services. The 2007 Amendment Determination extends eligibility to those who were CDEP participants within the specified timeframe, maintaining their access to services until 2012. This extension aligns with the expected lifespan of hearing devices and existing maintenance arrangements. The Amendment Determination does not alter the types of services eligible persons can receive. The changes are retrospective and apply from 1 July 2007, with no requirement for consultation due to the minor nature of the amendments.
Key Provisions
The main operative sections of the Declared Hearing Services Amendment Determination 2007 (No.1) are found in Schedule 1, which amends the Declared Hearing Services Determination 1997. Specifically, Item [1] of Schedule 1 expands the definition of 'designated persons' to include Aboriginal and Torres Strait Islander people who participated in the Community Development Employment Projects (CDEP) Program between 1 December 2005 and 30 June 2007. This expanded definition ensures these individuals will retain access to Australian Government Hearing Services until 1 July 2012. Item [2] of Schedule 1 sets the end date for this expanded eligibility, ensuring the change aligns with the expected lifespan of a hearing device and existing maintenance arrangements. These amendments are intended to maintain continuity of care for affected individuals as the CDEP Program undergoes reform.
The obligations imposed by the Act and the determination primarily focus on the provision and administration of hearing services. Under Section 8(1) of the Australian Hearing Services Act 1991, Australian Hearing Services is tasked with providing declared hearing services to various groups, including designated persons as defined by the determination. The Minister for Ageing has the authority, under Section 8(7) and 8(8) of the Act, to determine who qualifies as a 'designated person' and what services are considered 'declared hearing services'. The expanded definition in the determination means that Australian Hearing Services must now provide these services to the additional group of Aboriginal and Torres Strait Islander individuals until the specified end date.
Breaching the provisions of the Declared Hearing Services Amendment Determination 2007 (No.1) does not directly create new offences under the Act but may lead to administrative or procedural penalties if Australian Hearing Services fails to comply with the Minister's determinations. The Act does not specify maximum penalties for non-compliance with determinations, but breaches of related provisions could lead to civil or criminal consequences under other relevant legislation. For example, failure to provide mandated services could result in complaints to the relevant government authorities, which may then impose fines or other sanctions. It is essential for Australian Hearing Services to adhere strictly to the determination to avoid such repercussions.