Declared Hearing Services Amendment Determination 2014 (No. 2)

Overview

The Australian Hearing Services Act 1991 was enacted to establish Australian Hearing Services, aimed at providing hearing services to young Australians and designated persons. The Act ensures these services are accessible under the Community Services Obligation component of the Australian Government Hearing Services Program. The determination of "designated persons" falls under the purview of the Minister, as outlined in subsection 8(7) of the Act. The Declared Hearing Services Determination 1997 specifies the categories of designated persons, allowing them to access hearing services through Australian Hearing Services. The Declared Hearing Services Amendment Determination 2014 (No. 2) was introduced to amend the definition of a "young NDIS participant" in the Principal Determination, thereby extending eligibility for hearing services to Western Australian participants in the National Disability Insurance Scheme's My Way model under the age of 26 years, ensuring they have the same access to services as other NDIS participants. This amendment was made to align the eligibility criteria with the implementation of the NDIS in Western Australia, ensuring that all eligible participants have access to necessary hearing services. The determination was issued under the authority of the Assistant Minister for Health and is compatible with human rights, particularly advancing the rights of people with disabilities by facilitating access to government-funded hearing services. This legislative instrument ensures that young participants in the WA NDIS My Way model, who are under 26 years of age and have been referred to Australian Hearing for services, can access the required hearing supports to improve their social and economic participation.

Scope and Application

The Australian Hearing Services Act 1991 applies to Australian Hearing Services, which provides declared hearing services to young Australians and designated persons under the Community Services Obligation component of the Australian Government Hearing Services Program. The Act is administered by the Minister for Health, who has the authority to determine designated persons under subsection 8(7) of the Act. The Principal Determination, the Declared Hearing Services Determination 1997, outlines the designated persons eligible for services. The Declared Hearing Services Amendment Determination 2014 (No. 2) amends the definition of a “young NDIS participant” to include Western Australian participants of the National Disability Insurance Scheme (NDIS) My Way model under the age of 26 years who have been referred to Australian Hearing for hearing services. This amendment aims to ensure these participants have the same access to hearing services as other NDIS participants. The amendment applies from 1 July 2014 or the commencement of the Disability Services Amendment Act 2014 (WA), whichever is later, and is compatible with human rights as it facilitates access to government-funded hearing services for a new cohort of eligible persons.

Key Provisions

The Declared Hearing Services Amendment Determination 2014 (No. 2) (the Determination) makes significant amendments to the definition of a "young NDIS participant" under the Australian Hearing Services Act 1991 (the Act) (s. 3(1)). This amendment is crucial as it broadens the eligibility criteria for hearing services under the Community Services Obligation (CSO) component of the Australian Government Hearing Services Program (the Program) to include Western Australian (WA) NDIS My Way participants under the age of 26 years who have been referred to Australian Hearing for such services. This ensures that these participants have the same access to hearing services as other NDIS participants. The Determination commences on 1 July 2014, or the later of the commencement of the Disability Services Amendment Act 2014 (WA), which will facilitate the WA NDIS My Way model. The Determination imposes specific obligations on Australian Hearing Services to extend eligibility for hearing services to the newly defined class of "young NDIS participants" under the CSO component of the Program. This includes ensuring that WA NDIS My Way participants under 26 years of age who are referred to Australian Hearing for hearing services are provided with the necessary services in connection with a participant’s plan prepared under section 26I of the Disability Services Act 1993 (WA). The Act mandates that these services are to be delivered in accordance with the Program's guidelines and requirements. Failure to comply with the requirements set out in the Determination could result in legal consequences for Australian Hearing Services. Although the Determination does not explicitly state penalties for non-compliance, breaches of the Act or the Program's guidelines could potentially lead to administrative actions, financial penalties, or legal proceedings under relevant legislation. Ensuring adherence to the Determination is critical for Australian Hearing Services to avoid any adverse outcomes related to service delivery under the Program.