EXPLANATORY STATEMENT
Issued by the authority of the Assistant Minister for Health
Australian Hearing Services Act 1991
Declared Hearing Services Amendment Determination 2014 (No. 2)
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 subsection 8(7) of the Act, the Minister may determine that a specified person is a “designated person” for the purposes of the Act. The Declared Hearing Services Determination 1997 (the Principal Determination) is the legislative instrument that describes the “designated persons” determined by the Minister.
From 1 July 2014, Western Australia (WA) will participate in a two-year trial of the National Disability Insurance Scheme (NDIS) in select sites using two different models operating in parallel: the Commonwealth NDIS model, which will be run by the National Disability Insurance Agency (NDIA); and the WA NDIS My Way model, which will be run by the WA Disability Services Commission, under State legislation, on behalf of the WA State Government.
The Declared Hearing Services Amendment Determination 2014 (No. 2) (the Determination) amends the definition of a “young NDIS participant” in subsection 3(1) of the Principal Determination to extend eligibility for hearing services under the CSO component of the Program to WA NDIS My Way participants under the age of 26 years (see paragraph (a) of definition) who have been referred to Australian Hearing for hearing services under the Program in connection with a participant’s plan prepared under section 26I of the Disability Services Act 1993 (WA).
This amendment ensures eligible WA NDIS My Way participants have the same access to hearing services provided under the CSO that NDIS participants are currently eligible to receive.
The Determination commences on 1 July 2014, or on the commencement of the Disability Services Amendment Act 2014 (WA) – whichever is later. That Act will amend the Disability Services Act 1993 (WA) to provide for the WA NDIS My Way model, including enabling the prescription of the WA NDIS My Way trial sites.
The Determination is a legislative instrument for the purposes of the Legislative Instruments Act 2003.
CONSULTATION
Consultation has occurred with the Department of Social Services, Australian Hearing and the WA State Government on the interface between the Hearing Services Program and the WA NDIS My Way to ensure eligibility for the Program at launch.
Statement of Compatibility with Human Rights
Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011
Declared Hearing Services Amendment Determination 2014 (No. 2)
This Legislative Instrument is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.
Overview of the Legislative Instrument
From 1 July 2014, Western Australia (WA) will participate in a two-year trial of the National Disability Insurance Scheme (NDIS) in select site using two different models operating in parallel: the Commonwealth NDIS mode, which will be run by the National Disability Insurance Agency (NDIA); and the WA NDIS My Way model, which will be run by the WA Disability Services Commission, under State legislation, on behalf of the WA State Government.
The Declared Hearing Services Amendment Determination 2014 (No. 2) (the Determination) amends the definition of a “young NDIS participant” in subsection 3(1) of the Declared Hearing Services Determination 1997 (the Principal Determination). The Principal Determination specifies classes of “designated persons” for the purposes of the Australian Hearing Services Act 1991, enabling them to access declared hearing services from Australian Hearing Services under the Community Service Obligation component of the Australian Government Hearing Services Program (the Program).
The amendment extends eligibility for hearing services under the CSO component of the Program to WA NDIS My Way 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 section 26I of the Disability Services Act 1993 (WA). This amendment ensures WA NDIS My Way participants have the same access to hearing services provided under the CSO that other NDIS participants are currently eligible to receive.
Human rights implications
This Legislative Instrument engages the following human rights:
Rights of people with disability
The amendment advances the rights of people with disability by facilitating access to government-funded hearing services for a new cohort, namely WA NDIS My Way participants aged under 26 years who have been referred to Australian Hearing Services in connection with a participant’s plan prepared under the Disability Services Act 1993 (WA). Without the amendment made by the Determination, some members of this cohort may not otherwise be eligible for services under the CSO component of the Program as a “young Australian”, which requires Australian citizenship or permanent residency. Access to hearing rehabilitation services, hearing aids and other assistive listening devices will assist this cohort to take part in, and be included in, the community and improve their social and economic participation. The new class of eligible persons is restricted on the basis of age, with members of the class required to be aged under 26 years.
However, government-funded hearing services for persons aged 21 years and over are provided under the voucher system component of the Program. Corresponding amendments to the Hearing Services (Eligible Persons) Determination 1997 will facilitate access to hearing services under the voucher system component of the Program to WA NDIS My Way participants aged 21 years and over whose participant’s plan identifies the need for the types of hearing services available under the Program. As a result, WA NDIS My Way participants of any age can access Commonwealth funded hearing services where required under their participant plan.
Conclusion
This Legislative Instrument is compatible with human rights as it recognises the need to enable improved rights to young disabled people to access required hearing supports to improve their learning, social and economic participation.
Senator the Hon Fiona Nash
Assistant Minister for Health