EXPLANATORY STATEMENT
Hearing Services Administration Act 1997
Hearing Services (Eligible Persons) Amendment Determination 2008 (No.1)
Section 5(3) of the Hearing Services Administration Act 1997 (the Act) provides that the Minister may determine that a specified person is an eligible person for the purposes of the Act. The Hearing Services (Eligible Persons) Determination 1997 (the Determination) specifies the classes of people, each of whom the Minister has determined to be an eligible person for the purposes of the Act.
The purpose of the Hearing Services (Eligible Persons) Amendment Determination 2008 (No.1) is to vary the Determination to remove discrimination against same-sex de facto couples in the Australian Government Hearing Services Program.
The Government has committed to the removal of discrimination against people in same-sex relationships from Commonwealth laws and programs and implemented changes to provide for equal treatment in Commonwealth laws between same-sex and opposite-sex de facto couples.
The Hearing Services (Eligible Persons) Amendment Determination 2008 (No.1) replaces all references to a same-sex de facto spouse with references to de facto partners whether of the same or of a different sex.
Consultation
No consultation was undertaken about this specific amendment as the Government has undertaken wide spread consultation in relation to the Same-Sex Relationships (Equal Treatment in Commonwealth Laws – General Law Reform) Act 2008 on its intention to remove discrimination against same-sex couples in government programs and legislation.
ATTACHMENT
Details of the Hearing Services (Eligible Persons) Amendment Determination 2008 (No.1)
Section 1 – Name of Instrument
This section provides that the title of the Determination is the Hearing Services (Eligible Persons) Amendment Determination 2008 (No.1).
Section 2 – Commencement
This section provides for the Determination to commence on 1 January 2009, to align with the commencement date of the amendments to the Health Insurance Act 1973 and National Health Act 1953 passed in the Same-Sex Relationships (Equal Treatment in Commonwealth Laws - General Law Reform) Act 2008.
Section 3 – Amendments of Hearing Services (Eligible Persons) Determination 1997
This section lists the amendments made to the existing determination.
Schedule 1
[1] This item replaces the existing definition of de facto spouse which specified that it applied only to people of the opposite-sex with the definition of de facto partner identical to the definition of de facto partner in the amendments to the National Health Act 1953 in the Same-Sex Relationships (Equal Treatment in Commonwealth Laws - General Law Reform) Act 2008. This definition treats same-sex and opposite-sex partnerships equally.
[2] This item replaces all references to de facto spouse with references to de facto partner.