Hearing Services (Eligible Persons) Amendment Determination 2006 (No. 1)

Overview

The Hearing Services (Eligible Persons) Amendment Determination 2006 (No. 1) was enacted by the Australian government to address an unintended consequence of legislative changes that removed the eligibility of dependants of individuals eligible for hearing services under the Hearing Services Administration Act 1997. The Minister for Health and Ageing made this determination under subsection 5(3) of the Act, which allows for the specification of additional eligible persons beyond those mentioned in subsection 5(2). The original Hearing Services (Eligible Persons) Determination 1997 listed three classes of eligible persons, and the amendment adds a fourth class that includes dependants of eligible persons, thereby restoring the eligibility that was lost when the definition of "dependant" was repealed from the National Health Act 1953. This legislative instrument, created under the authority of the Legislative Instruments Act 2003, seeks to rectify the gap in eligibility by reintroducing the class of dependants of eligible persons as defined in the 1997 Determination. The amendment includes definitions for "de facto spouse" and "dependant" that mirror those previously used in the National Health Act 1953, adjusted to exclude individuals under 21, who are already covered under the Australian Hearing Services Act 1991. The amendment commences on the day after it is registered, and the detailed changes are outlined in the attached Schedule 1.

Scope and Application

The Hearing Services (Eligible Persons) Amendment Determination 2006 (No. 1) amends the Hearing Services (Eligible Persons) Determination 1997 by reintroducing eligibility for certain dependants under the Hearing Services Administration Act 1997. This amendment is designed to restore the eligibility for hearing services that was unintentionally lost due to changes in the definition of "dependant" in the National Health Act 1953. The determination specifically applies to Australian citizens or permanent residents who are dependants of individuals eligible for hearing services under the Act. The eligibility criteria set out in the Amendment Determination are aligned with the definitions previously contained in the National Health Act 1953, with adjustments to exclude children and young Australians under 21, who are already covered under the Australian Hearing Services Act 1991. The amendment applies federally and impacts the administration of the Australian Government Hearing Services Program by ensuring that certain dependants regain their eligibility for services. The Determination operates as a legislative instrument under the Legislative Instruments Act 2003 and comes into effect the day after it is registered.

Key Provisions

The Hearing Services (Eligible Persons) Amendment Determination 2006 (No. 1) amends the Hearing Services (Eligible Persons) Determination 1997 by reintroducing the eligibility of certain dependants for the Australian Government Hearing Services Program. This amendment is made under subsection 5(3) of the Hearing Services Administration Act 1997, which allows the Minister to determine, by written instrument, that a specified person is eligible for the program. The amendment creates a fourth class of eligible persons, specifically those who are dependants of persons already eligible under the Act (sections 5(2)(a-d)). This change addresses an unintended consequence of the repeal of the definition of 'dependant' from the National Health Act 1953, which previously led to the loss of eligibility for such dependants. The Determination imposes obligations on parties to ensure that the definitions of 'de facto spouse' and 'dependant' are adhered to, as outlined in the amendment. These definitions are intended to mirror those previously used in the National Health Act 1953, with adjustments to exclude children and young Australians under the age of 21, who are already eligible for hearing services under separate provisions. The Determination also imposes a requirement on eligible persons to verify their dependants' eligibility under the amended criteria. There are no explicit offences, penalties, or consequences for breach outlined in the Explanatory Statement. However, non-compliance with the eligibility criteria or failure to adhere to the definitions and requirements set out in the Amendment Determination could potentially lead to disqualification from the Australian Government Hearing Services Program. It is important to note that the primary focus of this Amendment is to restore eligibility for certain dependants, and thus, the consequences are more aligned with administrative oversight and program integrity rather than punitive measures. The Determination is intended to clarify and rectify the legislative gap that arose from the repeal of the 'dependant' definition in the National Health Act 1953, ensuring that those who were previously eligible are once again able to access the necessary hearing services.