Declared Hearing Services Amendment Determination 2016 (No. 1)

Overview

The Australian Hearing Services Act 1991 established Australian Hearing Services (Australian Hearing) with the function of providing declared hearing services to young Australians and designated persons. The Act aimed to address the gap in accessible hearing services for these groups by providing a structured framework for their delivery. The Australian Parliament enacted this legislation to ensure that these services were accessible, equitable, and aligned with the needs of the specified populations. The policy objective was to enhance the quality of life for those requiring hearing services by ensuring that they could access necessary support from Australian Hearing. The Declared Hearing Services Amendment Determination 2016 (No. 1) further refined the scope of the Australian Hearing Services Act by amending the Principal Determination to include Norfolk Island postcodes. This amendment aimed to extend the benefits of the government-funded hearing services to eligible Norfolk Islanders, ensuring they have the same access to services as those in other remote areas of Australia. The determination was issued by the Minister for Health, in alignment with the objectives of the Australian Hearing Services Act and broader health and social welfare reforms affecting Norfolk Island.

Scope and Application

The Australian Hearing Services Act 1991 establishes Australian Hearing Services, which is tasked with providing declared hearing services to various groups, including young Australians, referred Comcare clients, referred Commonwealth employees, and designated persons. The Act applies to these entities and individuals, focusing on the delivery of specified hearing services within the Community Services Obligation component of the Australian Government Hearing Services Programme. The scope of the Act is extended through subordinate instruments such as the Declared Hearing Services Determination 1997, which details the categories of designated persons. The Declared Hearing Services Amendment Determination 2016 (No. 1) extends the geographic reach of the Act to include Norfolk Island, thereby expanding the eligibility of certain individuals for these services. The Determination aligns with the human rights principle of equality and non-discrimination, ensuring that eligible Norfolk Islanders have access to the same services as those available in other remote areas. This amendment took effect on 1 July 2016, concurrently with other health and social welfare arrangements extended to Norfolk Island as per the Norfolk Island Legislation Amendment Act 2015.

Key Provisions

The Australian Hearing Services Act 1991 (the Australian Hearing Act) establishes Australian Hearing Services (Australian Hearing) with the primary function of providing declared hearing services to young Australians, designated persons, and other eligible categories. Under section 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) specifies these designated persons, including complex clients and eligible persons residing in areas covered by certain postcodes. The Declared Hearing Services Amendment Determination 2016 (No. 1) (the Determination) amends the Principal Determination by adding the postcode of Norfolk Island to the list of postcodes in Schedule 2 to the Principal Determination. This change means that eligible persons on Norfolk Island, who are eligible under the Hearing Services Administration Act 1997, will become designated persons under the Australian Hearing Act and gain access to declared hearing services detailed in Part 7 of Schedule 1 of the Principal Determination. The Act imposes obligations on Australian Hearing to provide declared hearing services to eligible persons, including those residing in designated remote areas such as Norfolk Island. Australian Hearing must ensure that these services are delivered according to the specifications outlined in the Principal Determination and any subsequent amendments, such as the Determination. These services include a range of hearing rehabilitation services as detailed in the Principal Determination. Additionally, the Act requires Australian Hearing to ensure that these services are accessible and provided in a manner that complies with the Community Services Obligation (CSO) component of the Australian Government Hearing Services Programme (the programme), which is funded by the Commonwealth. Breaches of the obligations set out in the Australian Hearing Act or the Principal Determination may result in civil or criminal consequences. The nature and severity of the penalties will depend on the specific breach and the relevant provisions of the Act or any other applicable laws. While the Explanatory Statement does not detail specific penalties, breaches of legislative instruments generally may result in fines, imprisonment, or other legal consequences. The maximum penalties would be determined by the specific provisions of the legislation under which the offence is prosecuted. The compatibility of the Determination with human rights is also considered, ensuring that the rights to equality and non-discrimination are upheld by providing Norfolk Island residents with the same access to services as those in other remote areas.