Hearing Service Providers Accreditation Scheme 1997

Hearing Service Providers Accreditation Scheme 1997

as amended

made under subsection 15 (1) of the

Hearing Services Administration Act 1997

This compilation was prepared on 10 October 2000
taking into account amendments up to Hearing Service Providers Accreditation Scheme Amendment 2000 (No. 1)

Prepared by the Office of Legislative Drafting and Publishing,
Attorney‑General’s Department, Canberra

Contents

Part 1 Preliminary 

 1 Name of instrument [see Note 1]

 2 Commencement 

 3 Definitions 

 4 Purpose 

Part 2 Accreditation 

 5 Application for accreditation 

 5A Application by audiometrists 

 6 Decisions by the Minister 

 7 Australian Hearing Services 

 8 Register 

 9 Notice of alleged contravention 

 10 Action on alleged contravention 

 11 Cancellation where contract terminated 

 12 Surrender of accreditation 

 13 Accreditation not transferable 

Notes   

Part 1 Preliminary

1 Name of instrument [see Note 1]

  This instrument is the Hearing Service Providers Accreditation Scheme 1997.

2 Commencement

  This instrument commences on 1 July 1997.

3 Definitions

  In this instrument:

Act means the Hearing Services Administration Act 1997.

Note   A number of expressions used in this instrument are defined in the Hearing Services Administration Act 1997 (see section 4), including:

4 Purpose

 (1) Under subsection 15 (1) of the Act, the Minister must formulate a scheme for the accreditation of entities as service providers.

 (1A) Under subsection 20 (1) of the Act, the Minister may engage an accredited service provider to provide hearing services to voucher‑holders.

 (2) This instrument provides for accreditation of entities that can demonstrate that they are able to provide to participants in the voucher system a specified level and range of hearing services.

Part 2 Accreditation

5 Application for accreditation

 (1) An entity may apply to the Minister for accreditation.

 (2) An application must:

 (a) be made in a manner approved by the Minister; and

 (b) provide information that is reasonably required for a decision to be made by the Minister; and

 (c) authorise the Minister:

 (i) to check the accuracy of information provided; and

 (ii) to store and use the information for the purposes of the Act.

5A Application by audiometrists

  If the individuals who will provide hearing services for an applicant entity are only audiometrists, the entity must show that it has a formal link to an audiologist who can provide additional advice about a voucher‑holder’s hearing test results.

6 Decisions by the Minister

 (1) The Minister may decide:

 (a) to accredit an entity; or

 (b) to refuse to accredit an entity.

 (2) The Minister may decide to accredit an entity if the Minister considers it is in the best interests of persons receiving hearing services under the Act having regard to the following matters:

 (a) experience in providing hearing services;

 (b) proposed staffing profile and qualifications of the staff;

 (c) the accessibility of the premises in which it is proposed to provide the services;

 (d) whether the proposed premises are of a satisfactory standard;

 (e) capacity to meet the rules of conduct;

 (f) financial viability;

 (g) any other matters that might affect the standard of service.

 (3) A decision to accredit an entity may be subject to 1 or more conditions specified in the instrument of accreditation.

Note   A decision made by the Minister under the accreditation scheme or under a condition of accreditation is subject to reconsideration by the Minister and review by the Administrative Appeals Tribunal: see ss 29 and 35 of the Act.

 (4) A decision to accredit an entity is subject to a condition that the entity must not advertise in a way that implies that accreditation constitutes a recommendation, award or endorsement by the Commonwealth.

 (5) A decision to accredit an entity is subject to a condition that the entity must not provide false or misleading information to the Commonwealth in connection with the accreditation scheme or the provision of hearing services to voucher holders.

7 Australian Hearing Services

  Australian Hearing Services is taken to be an accredited service provider.

8 Register

 (1) The Minister must keep a register of accredited service providers.

 (2) The register must be open to public inspection during business hours.

9 Notice of alleged contravention

 (1) The Minister may give written notice to an accredited service provider that the Minister thinks may have contravened a condition of its accreditation.

 (2) A notice under subsection (1) must:

 (a) give details of:

 (i) the alleged contravention; and

 (ii) material that in the opinion of the Minister is relevant to the alleged contravention; and

 (b) allow the provider 30 days after receiving the notice to make written submissions on the allegation.

10 Action on alleged contravention

 (1) The Minister may decide that a provider has contravened a condition of its accreditation:

 (a) after considering any written submissions made by the provider under paragraph 9 (2) (b); or

 (b) in the absence of any written submissions being received in accordance with that paragraph.

 (2) If the Minister makes a decision under subsection (1), then having regard to the nature of the contravention, the Minister may by notice in writing to the provider:

 (a) warn the provider to the effect that:

 (i) the entity has contravened a condition of its accreditation; and

 (ii) the Minister may, if an entity contravenes a condition of its accreditation, revoke or vary any condition of the accreditation, impose a further condition of accreditation or cancel the accreditation; or

 (b) revoke or vary a condition of accreditation; or

 (c) impose a further condition of accreditation; or

 (d) cancel the accreditation.

11 Cancellation where contract terminated

  The Minister may cancel the accreditation of a provider whose contract with the Commonwealth is terminated.

12 Surrender of accreditation

  An accredited service provider may surrender its accreditation by giving the Minister 30 days’ written notice of its intention to do so.

13 Accreditation not transferable

  An entity cannot transfer its accreditation to another entity.

Note   For example, if a partnership that is an accredited entity is dissolved, accreditation cannot be transferred to 1 of the partners.

Notes to the Hearing Service Providers Accreditation Scheme 1997

Note 1

The Hearing Service Providers Accreditation Scheme 1997 (in force under subsection 15 (1) of the Hearing Services Administration Act 1997) as shown in this compilation is amended as indicated in the Tables below.

Table of Instruments

Table of Amendments