EXPLANATORY STATEMENT
Issued by the authority of the Minister for Health
Australian Hearing Services Act 1991
Declared Hearing Services Amendment Determination 2016 (No. 1)
The Australian Hearing Services Act 1991 (the Australian Hearing 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 Australian Hearing 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 relevant legislative instrument that specifies “designated persons”.
One of the classes of designated persons specified in the Principal Determination is the class of eligible persons, each of whom is a complex client or resides in, and receives their hearing services in, a place within the area covered by a postcode listed in Schedule 2 of the Principal Determination (see paragraph 12(c) of the Principal Determination).
The Declared Hearing Services Amendment Determination 2016 (No. 1) (the Determination) amends the Principal Determination to add the postcode of Norfolk Island to the list of postcodes in Schedule 2 to the Principal Determination. People living on Norfolk Island who are eligible persons under the Hearing Services Administration Act 1997 (with access to various services under the voucher component of the program) will consequently become designated persons under the Australian Hearing Act, with access to the declared hearing services detailed in Part 7 of Schedule 1 of the Principal Determination.
Eligible persons for the Hearing Services Administration Act 1997 include Australian citizens and permanent residents aged 21 or over who hold a pensioner concession card, persons who hold certain Repatriation Health Cards or are members of the Defence Force, and certain participants in the National Disability Insurance Scheme.
The Determination commences at the same time (1 July 2016) as the extension to Norfolk Island of other health and social welfare arrangements as a result of amendments made by Schedule 2 Part 1 of the Norfolk Island Legislation Amendment Act 2015.
The Determination is a legislative instrument for the purposes of the Legislation Act 2003.
CONSULTATION
Consultation has occurred with Australian Hearing about the delivery of services on Norfolk Island and the designation of Norfolk Island as a remote location.
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 2016 (No. 1)
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
The Australian Hearing Services Act 1991 (the Act) gives Australian Hearing Services the function of providing declared hearing services to young Australians, referred Comcare clients, referred Commonwealth employees and ‘designated persons’. The Declared Hearing Services Determination 1997 (the Principal Determination) specifies designated persons for the Act.
One of the classes of designated persons specified in the Principal Determination is the class of eligible persons, each of whom is a complex client and resides in, and receives their hearings services in, a place within the area covered by a postcode listed in Schedule 2 of the Principal Determination (see paragraph 12(c) of the Principal Determination).
The Declared Hearing Services Amendment Determination 2016 (No. 1) (the Determination) amends the Principal Determination to include the postcode of Norfolk Island in Schedule 2 to the Principal Determination. It thereby provides eligible persons under the Hearing Services Administration Act 1997 (persons eligible for the voucher component of the Hearing Services Program) with access to the declared hearing services detailed in Part 7 of Schedule 1 of the Principal Determination.
The Determination commences at the same time (1 July 2016) as the extension to Norfolk Island of other health and social welfare arrangements as a result of amendments made by the Norfolk Island Legislation Amendment Act 2015.
Human rights implications
This Legislative Instrument engages Rights to equality and non-discrimination.
This Legislative Instrument expands eligibility for the government-funded hearing rehabilitation services to be provided by Australian Hearing after 1 July 2016 to certain Australian citizens and permanent residents (including New Zealand citizens who hold subclass 444 visas). The instrument thereby provides people on Norfolk Island with the same services as those available in other remote parts of Australia.
Conclusion
This Legislative Instrument is compatible with human rights, as it provides eligible Norfolk Islanders with access to the same services as other eligible persons in areas designated as remote for the purposes of the Hearing Service Program.
The Hon Sussan Ley, Minister for Health