Declared Hearing Services Amendment Determination 2007 (No. 2)

Overview

The Declared Hearing Services Amendment Determination 2007 (No.2) amends the Declared Hearing Services Determination 1997, which is an instrument under the Australian Hearing Services Act 1991. This determination was enacted to address the issue of ensuring continued access to Australian Government Hearing Services for Aboriginal and Torres Strait Islander people who would otherwise lose eligibility due to changes in the Community Development Employment Projects (CDEP) Program between 1 July 2007 and 30 June 2008. The Minister for Ageing introduced this amendment, which maintains access to services such as free hearing assessments, rehabilitation, and the provision of free hearing devices for these individuals until 1 July 2012. This change expands the class of designated persons, ensuring that those who were CDEP participants between 1 December 2005 and 30 June 2007 and are no longer in the program can still receive the specified hearing services. The amendment aims to uphold equitable access to essential health services without requiring substantial consultation due to its minor nature.

Scope and Application

The Declared Hearing Services Amendment Determination 2007 (No.2) 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 but will no longer participate between 1 July 2007 and 30 June 2008 retain access to Australian Government Hearing Services until 1 July 2012. This amendment responds to the changes in the CDEP Program and ensures continuity of access to hearing services for affected individuals. The amendment applies to Aboriginal and Torres Strait Islander persons who were participating in the CDEP Program at any time between 1 December 2005 and 30 June 2007 and are no longer participants due to the changes. Under the Australian Hearing Services Act 1991, Australian Hearing Services is tasked with providing declared hearing services to designated persons, including young Australians, referred Comcare clients, referred Commonwealth employees, and designated persons as defined by the determination. The determination expands the class of designated persons to include those Aboriginal and Torres Strait Islander individuals who were in the CDEP Program during the specified period and ensures they retain access to services until 1 July 2012. The amendment is a legislative instrument under the Legislative Instruments Act 2003 and commenced on 1 September 2007.

Key Provisions

The primary operative sections of the Declared Hearing Services Amendment Determination 2007 (No.2) are centred on amending the Declared Hearing Services Determination 1997 to 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. 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 Australian Hearing Services Act 1991. The amendment specifically expands the class of designated persons referred to in subparagraph 12(d)(v), allowing Aboriginal and Torres Strait Islander persons who are participating in the CDEP Program between 1 July 2007 and 30 June 2008 to retain access to the Australian Government Hearing Services Program until 1 July 2012. The Act imposes several obligations on parties and entities it governs. Under section 8(1) of the Act, Australian Hearing Services must provide declared hearing services to designated persons. These services include free hearing assessments, rehabilitation, and the provision of free hearing devices if clinically necessary, as outlined in the determinations under sections 8(7) and 8(8) of the Act. The Minister for Ageing has the authority to determine who qualifies as a designated person and which services are declared hearing services. Furthermore, the determinations clarify that Aboriginal and Torres Strait Islander persons who were participants in the CDEP Program between 1 December 2005 and 30 June 2007 and are no longer participants in the program will retain eligibility for services until 1 July 2012. The Act does not explicitly outline specific offences, penalties, or consequences for breach within this determination. However, any failure to comply with the provisions of the Australian Hearing Services Act 1991 or the Declared Hearing Services Determination 1997, as amended, could potentially lead to legal action under the broader administrative framework. The determination is a legislative instrument under the Legislative Instruments Act 2003, which implies that it is subject to the processes and requirements of that Act, including the possibility of revocation or amendment if found to be inconsistent with the parent Act. The commencement date of the determination is 1 September 2007, as stipulated in the commencement section, which indicates when the changes take effect.