EXPLANATORY STATEMENT
Issued by the authority of the Minister for Mental Health and Ageing
Hearing Services Administration Act 1997
Hearing Services (Eligible Persons) Amendment Determination 2013 (No. 1)
The Hearing Services Administration Act 1997 (the Act) sets up the voucher system component of the Australian Government Hearing Services Program (the Program), under which hearing services are provided to voucher-holders. Subsection 5(3) of the Act provides that the Minister may, by writing, determine that a specified person is an eligible person for the purposes of the Act. This is in addition to those made eligible under subsection 5(1) of the Act. The Hearing Services (Eligible Persons) Determination 1997 (the Principal Determination) is the legislative instrument that specifies the classes of people the Minister has determined to be eligible persons under subsection 5(3).
On 1 July 2013 the National Disability Insurance Scheme (NDIS) will be launched under the National Disability Insurance Scheme Act 2013 (NDIS Act). The Hearing Services (Eligible Persons) Amendment Determination 2013 (No. 1) (the Determination) extends eligibility for hearing services under the voucher system component of the Program to certain NDIS participants.
The Determination adds a new subsection 4(6) that creates a new class of eligible persons, being NDIS participants who have reached the age of 21 years and have been referred to the Minister for hearing services under the Program in connection with the funding or provision of supports under a participant’s plan prepared under Chapter 3 of the NDIS Act. The age requirement is consistent with that applying to eligible persons under subsection 5(1) of the Act. However, there is no citizenship or residency requirement specified in the definition in this Determination for the new class of NDIS participants as the intent is that the NDIS Act requirements (which are broader) will prevail in respect of this class of eligible persons. The terminology ‘funding or provision of supports’ is consistent with terminology utilised throughout Part 2 of Chapter 3 of the NDIS Act.
The Determination adds a new subsection 4(7) that creates a further new class of eligible persons, being eligible NDIS participants under subsection 4(6) who have a hearing device fitted under the Program and subsequently lose eligibility. This aligns with an equivalent class for eligible persons under subsection 5(1) of the Act created by subsection 4(4) of the Principal Determination for the purposes of continuing access to certain minor maintenance services.
The Determination commences on 1 July 2013.
The Determination is a legislative instrument for the purposes of the Legislative Instruments Act 2003.
CONSULTATION
Consultation has occurred with the Department of Families, Housing, Community Services and Indigenous Affairs on the proposed amendments. Broader consultation was not undertaken as the amendments simply provide a mechanism by which the new cohort of eligible persons can be issued with a Hearing Services Voucher, to meet the COAG commitment of implementing the National Disability Insurance Scheme.
Statement of Compatibility with Human Rights
Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011
Hearing Services (Eligible Persons) Amendment Determination 2013 (No. 1)
This Legislative Instrument is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.
Overview of the Legislative Instrument
On 1 July 2013 the National Disability Insurance Scheme (NDIS) will be launched under the National Disability Insurance Scheme Act 2013 (NDIS Act). This Legislative Instrument amends the Hearing Services (Eligible Persons) Determination 1997 to make eligible for the voucher component of the Hearing Services Program (the Program) those NDIS participants aged 21 years and over who have been referred for hearing services that are available under the Program pursuant to a participant’s plan prepared under the NDIS Act.
Human rights implications
This Legislative Instrument engages the following human rights:
Rights of people with disability
The amendments advance the rights of people with disability by facilitating access to hearing services for a new cohort, namely National Disability Insurance Scheme participants aged 21 years and over whose participant’s plan identifies the need for the types of hearing services available under the Program and who would not otherwise be eligible under the Program. Access to hearing rehabilitation services, hearing aids and other assistive listening devices will assist this cohort to take part in, and be included in, the community and improve their social and economic participation. The same age requirement applies to eligibility for the voucher component of the Program under the Hearing Services Administration Act 1997 as hearing services for persons aged under 21 years are instead provided under the Community Services Obligations (CSO) component of the Program. Corresponding amendments to the Declared Hearing Services Determination 1997 will facilitate access to hearing services under the CSO component of the Program to National Disability Insurance Scheme participants aged under 21 years whose participant’s plan identifies the need for the types of hearing services available under the Program.
Conclusion
This Legislative Instrument is compatible with human rights as it advances the protection of rights for people with disability.
Mark Butler MP
Minister for Mental Health and Ageing