Declared Hearing Services Amendment Determination 2014 (No. 1)

EXPLANATORY STATEMENT

Issued by the authority of the Assistant Minister for Health

Australian Hearing Services Act 1991

Declared Hearing Services Amendment Determination 2014 (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 Programme (the programme) funded by the Commonwealth.

Under subsection 8(7) of the Act, the Minister may determine that a specified person is a “designated person” and under subsection 8(8) that a specified hearing service is a “declared hearing services” for the purposes of the Act.  The Declared Hearing Services Determination 1997 (the Principal Determination) is the relevant legislative instrument that specifies “designated persons” and “declared hearing services". 

Since 2005, Aboriginal and Torres Strait Islander people who were participating in the Community Development Employment Projects (CDEP) programme were covered as “designated persons”.  The CDEP programme is an Australian Government funded initiative for unemployed Indigenous people in selected locations. In 2013, reforms to the CDEP programme were announced to cease the CDEP programme on 1 July 2013 and replace it with the Remote Jobs and Communities Programme (RJCP).  While a small number of CDEP programme participants in non-remote areas would not be eligible for the RJCP, it was expected that they would be covered by Job Services Australia or Disability Employment Services.  As such, these clients would still have been eligible for hearing services under CSO.  

On this basis, the Principal Determination was amended with effect on 1 July 2013 by the Declared Hearing Services Amendment Determination 2013 (No. 1) (the Previous Amendment Determination) to:

• determine a new class of designated persons covering participants in the RJCP, thus making them eligible for services provided by Australian Hearing;
• remove the class of designated persons covering CDEP programme participants, on the understanding that the CDEP programme would cease on 30 June 2013; and
• determine a class of designated persons that ‘grandfathers’ people who were still in the CDEP programme when it ceased on 30 June 2013 and who had received or were part way through receiving certain declared hearing service from Australian Hearing.

However, the Department was advised in August 2013, by the then Department of Families, Housing, Community Services and Indigenous Affairs, that the CDEP programme had continued post 1 July 2013 with respect to Aboriginal and Torres Strait Islander peoples in non-remote areas and that these persons are not currently able to participate in the RJCP.

The Declared Hearing Services Amendment Determination 2014 (No. 1) (the Determination) Schedule 1 amends the Principal Determination to:

• reinstate the class of designated persons covering current Aboriginal and Torres Strait Islander People CDEP programme participants (subparagraph 12(d)(vii)); and
• extend the ‘grandfathering’ class to cover Aboriginal persons and Torres Strait Islander peoples who were on the CDEP programme on or after 30 June 2013, have since ceased participating in the programme, and had received or were part way through receiving certain declared hearing services from Australian Hearing prior to ceasing participation (subparagraph 12(d)(vi)). 

The amendment in the Determination set out in Schedule 1 with respect to the CDEP programme commences immediately after the commencement of the Previous Amendment Determination, which took effect on 1 July 2013.  The retrospective commencement is to ensure that there is no gap in eligibility for CDEP programme participants between 1 July 2013 and the making of the Determination.  The retrospective commencement of Schedule 1 to the Determination will not disadvantage or impose liabilities on any person other than Australian Hearing, an authority of the Commonwealth, so does not offend subsection 12(2) of the Legislative Instruments Act 2003. 

The Determination at Schedule 2 also amends the definitions of the RJCP and the CDEP programme in the Principal Determination to reflect that responsibility for those programmes now lies with the Department of the Prime Minister and Cabinet.

The Determination at Schedule 2 also amends item 2A of Part 7 and Part 8 of Schedule 1 of the Principal Determination Part 7 and Part 8 of Schedule 1 of the Principal Determination sets out the declared hearing services for certain eligible people and certain Aboriginal and Torres Strait Islanders. Item 2 of those parts specifically exclude the provision of a cochlear implant or a cochlear implant speech processor unit. Amendments are being made to item 2A of those parts, which relate to the replacement of a hearing device, so that there is consistency in the type of hearing devices provided and replaced by Australian Hearing to these classes of people.

Schedule 2 of the Determination commences the day after registration.

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

CONSULTATION

Consultation has occurred with the Department of Prime Minister and Cabinet and Australian Hearing on the policy and programme changes for remote Indigenous workforce participation.  Consultation about the proposed amendment to item 2A of Part 7 and of Part 8 of Schedule 1 to the Principal Determination has not occurred as it is machinery in nature and does not substantially alter existing arrangements.

Statement of Compatibility with Human Rights