Hearing Services Amendment Rules of Conduct 2006 (No. 1)

Administered by Department of Health, Disability and Ageing

Legislation au F2006L01861 Rules Not in force Legislative Instrument

Legislation content

Commonwealth of Australia

 

Hearing Services Administration Act 1997

 

Hearing Services Amendment Rules of Conduct 2006 (No. 1)

 

EXPLANATORY STATEMENT

 

Subsection 17(1) of the Hearing Services Administration Act 1997 (the Act) provides that the Minister must, by written instrument, formulate rules of conduct relating to the provision of hearing services to voucher-holders.  The Hearing Services Rules of Conduct 2005 (the Rules) currently prescribe rules for the purposes of subsection 17(1) of the Act.  The Rules outline requirements and standards which service providers contracted to deliver hearing services under the Australian Government Hearing Services Program (the Program) must adhere to when supplying hearing services to voucher-holders. They also set out qualification and registration requirements for qualified practitioners engaged by service providers to undertake service delivery. 

 

Paragraph 14(1)(e) of the Rules outlines the requirement that contracted service providers must deliver hearing services in accordance with the “Clinical Standards.  The “Clinical Standards are contained in the document referred to in paragraph 4(1) of the Rules and form part of the contract between the Government and service providers. They set out the standards of services to be provided to voucher-holders by contracted service providers and personnel employed by the service provider.

 

The “Clinical Standards are being revised to remove references to requirements that do not relate to standards of service.  These requirements are being more appropriately included in the new Service Provider Contract which will commence from 1 July 2006.  The date of effect of the revised “Clinical Standards has been incorporated into the Hearing Services Amendment Rules of Conduct 2006 (No. 1) (the Amendment Rules) to be as existing on

1 July 2006.

 

Subrule 4(1) of the Rules defines the meaning of Trainee Audiometrists, while subparagraph 7(a)(vi) provides that these Trainee Audiometrists can provide hearing services to voucher holders.  These and all other references to Trainee Audiometrists have been removed as the registration process for audiometrists has been replaced by a revised professional qualifications model.  There has not been any registration of Trainee Audiometrists since 30 June 2000 and all existing Trainee Audiometrists have either completed their training or left the Program.

 

Paragraph 10(4)(a) of the Rules has been amended to remove ambiguity and to make the link between this paragraph and subparagraph 30(3)(c) clearer.  The Program’s expectations of student audiometrists have not been changed by this amendment.

 

Rule 20 has been amended to specify and clarify to hearing service providers what is required of them in relation to providing ongoing follow up assistance to voucher-holders.  The Program’s expectations of service providers have not been changed by this amendment.

 

 

 

Subrules 38(5) and 39(3) and Rule 39A were inserted to reinforce the authority of the Office to require refunds to a voucher-holder or the Office from a contracted service provider who obtains funds for an action that does not comply with the Rules relating to top-up devices, provision of information to potential voucher-holders and verification of voucher status.  The Program’s expectations of service providers have not been changed by this amendment.

 

Rule 47 was omitted as it was potentially inconsistent with subsection 21(3) of the Act.

 

The determination also makes a minor technical amendment. 

 

CONSULTATION

The Office wrote to all contracted service providers and industry associations on

23 March 2006 providing advice about the proposed changes to the Rules of Conduct and inviting comment and feedback on these proposed changes.  All responses received have been assessed and, where necessary, the proposed changes have been modified to address the concerns raised.  Further advice and feedback about the comments received was provided to contracted service providers and industry associations on 16 May 2006.

 

 

The determination is a “legislative instrument” for the purposes of the Legislative Instruments Act 2003.

 

Details of the determination are set out in the Attachment.

 

The determination commences on 1 July 2006.


Attachment

 

NOTES ON SECTIONS

 

1. Name of Rules

 

This section provides that the Rules may be cited as the Hearing Services Amendment Rules of Conduct 2006 (No 1).

 

2. Commencement

 

 This section provides that the Rules commence on 1 July 2006.

 

3. Amendment of Hearing Services Rules of Conduct 1995

 

This section provides that Schedule 1 amends the Hearing Services Rules of Conduct 2005.

 

 

SCHEDULE 1 AMENDMENTS

 

Item [1] inserts the commencement date of 1 July 2006 in the definition of “Clinical Standards. 

 

Items [2], [3], [4], [6], [8], [9], [11] remove all references to Trainee Audiometrists, which is a discontinued classification of a person who is able to provide hearing services to a voucher-holder.

 

Item [5] inserts a requirement that that a Student Audiometrist must receive supervision by a qualified practitioner for 12 months following the completion of their 200 hours of clinical practice.

 

Item [7] defines what is meant by “ongoing follow up assistance”.  It also specifies that a hearing services provider will be responsible for providing this ongoing follow up assistance, free of charge, for 12 months following the fitting of a hearing device.

 

Item [10] corrects a drafting error where the wrong Rule was cited.

 

Items [12], [13], and [14]  inserts a requirement that a service provider must refund an amount of money up to the amount the voucher-holder, or person as the case may be, has paid where this money was paid inappropriately because the service provider has failed to comply with the Rules of Conduct. 

 

Item [15] removes a rule which was potentially inconsistent with subsection 21(3) of the Act.

Overview

The Hearing Services Administration Act 1997 was enacted to regulate the provision of hearing services to voucher-holders under the Australian Government Hearing Services Program. The Act aims to ensure that hearing services are delivered in accordance with prescribed standards and rules, thereby protecting the interests of voucher-holders. Pursuant to subsection 17(1) of the Act, the Minister is required to formulate rules of conduct, which are currently outlined in the Hearing Services Rules of Conduct 2005. These rules mandate that service providers must adhere to certain standards, known as the "Clinical Standards," when delivering services to voucher-holders. The Hearing Services Amendment Rules of Conduct 2006 (No. 1) were introduced to update and clarify these rules, removing outdated references and clarifying certain requirements, such as the supervision of student audiometrists and the provision of ongoing follow-up assistance. The policy objective behind these amendments is to streamline the rules, enhance service delivery, and ensure compliance with the Act. The determination, which is a legislative instrument under the Legislative Instruments Act 2003, was subject to consultation with all contracted service providers and industry associations, and the responses were considered in making the final amendments.

Scope and Application

The Hearing Services Administration Act 1997 applies to entities and individuals involved in the provision of hearing services under the Australian Government Hearing Services Program. Specifically, the Act governs contracted service providers who deliver hearing services to voucher-holders, as well as qualified practitioners and student audiometrists engaged by these service providers. The Act’s geographic reach is national, as it pertains to the Commonwealth-funded Hearing Services Program. The Hearing Services Amendment Rules of Conduct 2006 (No. 1) further refine the standards and requirements for service delivery, including the removal of outdated references to Trainee Audiometrists and the clarification of supervision requirements for Student Audiometrists. These amendments also address the authority of the Office to mandate refunds in instances of non-compliance and specify the provision of ongoing follow-up assistance to voucher-holders. The Rules underwent consultation with all contracted service providers and relevant industry associations, with changes made to address feedback and concerns raised. The Amendment Rules, which commence on 1 July 2006, are formulated under the authority provided by the Hearing Services Administration Act 1997 and are a legislative instrument as defined by the Legislative Instruments Act 2003.

Key Provisions

The Hearing Services Amendment Rules of Conduct 2006 (No. 1) (the Amendment Rules) revise and amend the existing Hearing Services Rules of Conduct 2005 (the Rules) to reflect changes in the administration of the Australian Government Hearing Services Program (the Program). The Amendment Rules are significant in that they incorporate the revised "Clinical Standards" that set out the standards of services to be provided to voucher-holders by contracted service providers and personnel employed by the service provider. Additionally, the Amendment Rules remove references to Trainee Audiometrists, who were previously able to provide hearing services to voucher-holders, as this classification has been discontinued (sections 2, 3). Contracted service providers are obligated to adhere to the updated Clinical Standards and other provisions outlined in the Amendment Rules, including ensuring that Student Audiometrists receive supervision by a qualified practitioner for 12 months following the completion of their 200 hours of clinical practice (Rule 5). Service providers must also provide ongoing follow-up assistance, free of charge, for 12 months following the fitting of a hearing device (Rule 7). Moreover, they must refund any funds paid by voucher-holders if the provider has failed to comply with the Rules of Conduct (Rules 12, 13, and 14). Failure to comply with the Rules of Conduct can result in civil or criminal consequences, including the requirement for a service provider to refund an amount of money up to the amount the voucher-holder has paid where this money was paid inappropriately due to non-compliance (Rule 12). Additionally, the omission of Rule 47, which was potentially inconsistent with subsection 21(3) of the Hearing Services Administration Act 1997, ensures that the Program remains legally compliant (Rule 15). The maximum penalties for breaches of the Act or Rules are not explicitly stated in the Amendment Rules, but they can be found in the principal Act or related legislation.

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.