Declared Hearing Services Amendment Determination 2013 (No. 1)

EXPLANATORY STATEMENT

Issued by the authority of the Minister for Mental Health and Ageing

Australian Hearing Services Act 1991

Declared Hearing Services Amendment Determination 2013 (No. 1)

The Australian Hearing Services Act 1991 (the Act) establishes Australian Hearing Services (Australian Hearing) with the function, among others, of providing declared hearing services to young Australians and designated persons. These services are delivered under the Community Services Obligation (CSO) component of the Australian Government Hearing Services Program (the Program) funded by the Commonwealth. Under subsections 8(7) and (8) of the  Act, the Minister may determine that a specified person is a designated person for the purposes of the Act and that declared hearing services are available to these persons.  The Declared Hearing Services Determination 1997 (the Principal Determination) is the legislative instrument that describes the "designated persons" and the specified hearing services determined to be “declared hearing services” by the Minister.

The classes of designated persons established under the Principal Determination include Aboriginal persons and Torres Strait Islanders who are participants in the Community Development Employment Projects (CDEP) Program administered by the Department of Families, Housing, Community Services and Indigenous Affairs.  The CDEP Program will be replaced by the Remote Jobs and Communities Program (RJCP) from 1 July 2013.  The Declared Hearing Services Amendment Determination 2013 (No. 1) (the Determination) amends the Principal Determination to:

• substitute participation in the RJCP for participation in the CDEP Program from 1 July 2013 so that Aboriginal persons and Torres Strait Islanders who are transferred from the CDEP Program to the RJCP retain access to hearing services;
• expand the Aboriginal persons and Torres Strait Islanders class of designated persons so that Aboriginal persons and Torres Strait Islanders who are participating in the CDEP Program at the time it ceases on 30 June 2013 and have received or are receiving declared services at that time and who are not transferred to the RJCP retain access to hearing services; and
• make other consequential amendments.

On 1 July 2013 the National Disability Insurance Scheme (NDIS) will be launched under the National Disability Insurance Scheme Act 2013 (NDIS Act). The Determination extends eligibility for hearing services under the CSO component of the Program to NDIS participants under the age of 26 years who have been referred to Australian Hearing for hearing services under the Program in connection with a participant’s plan prepared under the NDIS Act.  It does this by amending the Principal Determination to:

• create a new class of designated persons, known as “young NDIS participants”, being NDIS participants under the age of 26 years who have been referred to Australian Hearing in connection with the funding or provision of supports under a participant’s plan prepared under Chapter 3 of the NDIS Act;
• determine that class 1 hearing services (services available to young Australians and young adults) are declared hearing services for young NDIS participants;
• determine that class 5 hearing services (maintenance services available to former young adults for 5 years after they turn 26) are declared hearing services for former young NDIS participants for 5 years after they turn 26; and
• make a number of consequential amendments.

Details of the amendments are set out in the Attachment.

The Determination commences on 1 July 2013.

The Determination is a legislative instrument for the purposes of the Legislative Instruments Act 2003.

CONSULTATION

Consultation has occurred with the Department of Families, Housing, Community Services and Indigenous Affairs (FaHCSIA), Department of Human Services and Australian Hearing on the interface between the Hearing Services Program and the National Disability Insurance Scheme to ensure eligibility for the Program at launch.  Consultation has occurred with the Department of Employment, Education and Workplace Relations (DEEWR) and FaHCSIA on the policy and program changes for remote Indigenous workforce participation.

ATTACHMENT

Details of the Declared Hearing Services Amendment Determination 2013 (No. 1)

1 Name of Determination

This section states that the name of the determination is the Declared Hearing Services Amendment Determination 2013 (No. 1).

2 Commencement

This section states that the determination commences on 1 July 2013.

3 Authority

This Determination is made under subsections 8(7) and (8) of the Australian Hearing Services Act 1991.

4 Amendment of Declared Hearing Services Determination 1997

This section provides that Schedule 1 and Schedule 2 of the determination amend the Declared Hearing Services Determination 1997 (Principal Determination).

Schedule 1   Amendments

Item [1] – Subsection 3(1), after note to definition of Act

This item inserts a definition of ‘Authority’ in subsection 3(1).

Item [2] – Subsection 3(1), after definition of referred Commonwealth employee

This item inserts a definition of the Remote Jobs and Communities Program (RJCP) in subsection 3(1).

Item [3] – Subsection 12(d)(iii)

This item replaces the eligibility criterion of participation in the CDEP Program in subsection 12(d)(iii) with participation in the RJCP.  This subsection applies only to Aboriginal and Torres Strait Islander peoples and means that those Aboriginal and Torres Strait Islander peoples who are participants in the RJCP are designated persons.

Item [4] – Subsection 12(d)(v)

This item amends the ‘grandfathering’ arrangement in subsection 12(d)(v) for CDEP Program participants between 2005 and 2008 who subsequently ceased participation to provide that people who have received declared hearing services under those arrangements prior to 1 July 2013 will be able to continue to receive declared hearing services after 1 July 2013.

Item [5] – After subsection 12(d)(vi)

This item inserts a new subsection 12(e) that creates a new class of designated persons that ensures ongoing access to declared hearing services for those Aboriginal and Torres Strait Islander people who were receiving declared hearing services at 30 June 2013 on the basis of being CDEP participants and who are not transferred into the RJCP on 1 July 2013 and who do not fall into any of the other categories of designated person in subsection 12(d) of the Determination.  There is no time limit on this ‘grandfathering’ arrangement.

Item [6] – Subsection 8(2)(a)

This item repeals section 12A to remove the 1 July 2015 expiry date for the ‘grandfathering’ arrangements under subsection 12(d)(v) amended at Item [4] (above).

Schedule 2   Amendments

Item [1] – Subsection 3(1), definition of parent

This item amends the definition of ‘parent’ in subsection 3(1) to refer to ‘young NDIS participant’. This ensures that advice and support services under class 1 declared services can be provided to the parents of young NDIS participants as well as to those of young Australians and young adults.

Item [2] – Subsection 3(1), after definition of eligible person

This item inserts a definition of ‘NDIS’ in subsection 3(1).

Items [3] – Subsection 3(1), after definition of young Australians and [9] – After subsection 12(e)

The purpose of these items is to establish a new class of designated persons for the purposes of access to CSO services, consisting of NDIS participants who are under the age of 26 years and who are referred to Australian Hearing, as the sole provider of CSO services under the Program, in connection with the funding or provision of supports under a participant’s plan under the NDIS Act. 

The primary intent is to enable access to CSO services for those NDIS participants under the age of 26 years who are neither Australian citizens nor Australian permanent residents. In order to be a young Australian for the purposes of the Act a person must be under 21 years of age and either an Australian citizen or Australian permanent resident.  Under the determination in order to be a young adult a person must be under the age of 26 years and and either an Australian citizen or Australian permanent resident. The residency requirements for participants under the NDIS Act are, however, wider and extend to certain special category visa holders. Those NDIS participants would not be able to access CSO services as young Australians or young adults.

The amendment also recognises the intention that persons aged under 26 years will only be able to access CSO services through Australian Hearing as participants in the NDIS if they have been referred to Hearing Australia as such.  However, the new young NDIS participants class of designated persons is not exclusive as a NDIS participant who is under 21 years or under 26 years and either an Australian citizen or Permanent Resident could access CSO services as either a young Australian or young adults without a referral.

Items [4] – Section 4, heading and [5] – After subsection 4(2)

These items amend section 4 to make Class 1 declared hearing services available to the new class of designated persons consisting of young NDIS participants.  They receive the same declared hearing services as young Australians and young adults.

Items [6] – Subsection 8(2)(a) and [7] – Subsection 12(a)(i)

These items extend the class of designated persons consisting of former young adults under subsection 12(a)(i) to include former young NDIS participants, and amend subsection 8(2)(a) to make Class 5 (maintenance) declared services available to former young NDIS participants for 5 years after they turn 26.  They receive the same declared hearing services as former young adults.

Item [8] – Subsection 12(e)(ii)

This is a technical amendment to enable the addition of another paragraph to section 12.

Item [10] – Part 1 of Schedule 1, heading

This amends the heading of Part 1 of Schedule 1 to include young NDIS participants.