EXPLANATORY STATEMENT
Issued by the authority of the Minister for Ageing
Australian Hearing Services Act 1991
DECLARED HEARING SERVICES AMENDMENT DETERMINATION 2007 (NO.2)
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 between 1 July 2007 and 30 June 2008 as a result of changes to CDEP.
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’.
Section 12 of the principal determination outlines the classes of persons who are designated persons for the purposes of paragraph 8(1)(ad) of the Act. The class of persons referred to in paragraph 12(d) of the principal determination are Aboriginal or Torres Strait Islanders, each of whom is:
(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; or
(v) a person who:
- was a participant in the CDEP Program at any time between 1 December 2005 and 30 June 2007; and
- is no longer a participant in the CDEP Program
The Declared Hearing Services Amendment Determination 2007 (No.2) (‘the determination’) expands the class of designated persons referred to in subparagraph 12(d)(v) so that Aboriginal persons and Torres Strait Islander persons who are participating in the CDEP Program between 1 July 2007 and 30 June 2008 will retain access to the Australian Government Hearing Services Program until 1 July 2012.
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 September 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 2).
2. Commencement
This section provides that the determination commences on 1 September 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 class of designated persons referred to in subparagraph 12(d)(v) so that Aboriginal persons and Torres Strait Islander persons who are participating in the CDEP Program between 1 July 2007 and 30 June 2008 will retain access to the Australian Government Hearing Services Program until 1 July 2012.