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
Overview
The Hearing Services Administration Act 1997, enacted to establish the framework for the voucher system component of the Australian Government Hearing Services Program, was introduced to address the need for accessible hearing services to eligible individuals. This Act empowers the Minister to determine additional eligible persons beyond those specified under the Act, through legislative instruments such as the Hearing Services (Eligible Persons) Determination 1997. The Hearing Services (Eligible Persons) Amendment Determination 2013 (No. 1) was subsequently introduced by the Minister for Mental Health and Ageing to align with the launch of the National Disability Insurance Scheme (NDIS) on 1 July 2013, under the National Disability Insurance Scheme Act 2013. The primary policy objective of this amendment is to extend eligibility for hearing services under the voucher system to certain NDIS participants, thereby enhancing access to hearing rehabilitation services and assistive listening devices for people with disabilities. This extension ensures that NDIS participants aged 21 and over who require such services, as identified in their NDIS plans, can benefit from the Program.
Scope and Application
The Hearing Services (Eligible Persons) Amendment Determination 2013 (No. 1) amends the Hearing Services (Eligible Persons) Determination 1997 to extend eligibility for hearing services under the voucher system component of the Australian Government Hearing Services Program to certain participants of the National Disability Insurance Scheme (NDIS). Specifically, the Amendment Determination creates a new class of eligible persons who are NDIS participants aged 21 years and over and have been referred for hearing services under the Program in connection with the funding or provision of supports under their NDIS participant's plan. This aligns with the age requirement for eligibility under the Hearing Services Administration Act 1997 and ensures that NDIS participants can access necessary hearing services, enhancing their social and economic participation. The Amendment Determination also includes provisions for NDIS participants who have a hearing device fitted under the Program and subsequently lose eligibility, ensuring continued access to certain minor maintenance services. The Amendment Determination applies nationally and is effective from 1 July 2013, the date of launch of the NDIS. It is a legislative instrument for the purposes of the Legislative Instruments Act 2003 and is compatible with human rights, advancing the rights of people with disability by facilitating access to necessary hearing services.
Key Provisions
The Hearing Services (Eligible Persons) Amendment Determination 2013 (No. 1) introduces changes to the Hearing Services (Eligible Persons) Determination 1997, extending eligibility for the Australian Government Hearing Services Program to certain participants of the National Disability Insurance Scheme (NDIS). This amendment, effective from 1 July 2013, aligns with the launch of the NDIS and is aimed at facilitating access to hearing services for NDIS participants who meet specific criteria. The key provision of the amendment is the addition of new subsections 4(6) and 4(7) to the Principal Determination (subsection numbers referenced in parentheses). Subsection 4(6) creates a new class of eligible persons, which includes NDIS participants aged 21 years and over who have been referred for hearing services under the Program in connection with the funding or provision of supports under their NDIS participant’s plan. This new class of eligible persons must meet the same age requirement as those eligible under subsection 5(1) of the Hearing Services Administration Act 1997, but there is no additional citizenship or residency requirement specified, as the NDIS Act requirements will apply instead. Subsection 4(7) further extends eligibility to those NDIS participants who have a hearing device fitted under the Program but subsequently lose eligibility, ensuring they can continue to access certain minor maintenance services.
The Hearing Services Administration Act 1997 imposes certain obligations on the Minister for Mental Health and Ageing, who is responsible for determining the eligibility of individuals for the Hearing Services Program. Under this Act, the Minister can determine eligibility by written determination, and the Principal Determination specifies the classes of people eligible under subsection 5(3). With the introduction of the Amendment Determination, the Minister must now also include NDIS participants aged 21 and over who meet the referral criteria as eligible for the Program. This obligation extends to ensuring that these individuals can access the full range of services provided under the Program, including hearing rehabilitation services, hearing aids, and other assistive listening devices. The Minister must also ensure that the criteria for ongoing eligibility, such as the continued need for services and the maintenance of the hearing device, are adhered to for NDIS participants.
In terms of compliance and enforcement, the Hearing Services Administration Act 1997 does not explicitly outline specific offences, penalties, or civil/criminal consequences for breaches related to the eligibility determinations. However, the broader legislative framework under which the Act operates may include provisions for penalties and enforcement mechanisms. The Legislative Instruments Act 2003, under which the Amendment Determination is made, requires that legislative instruments comply with applicable laws and be consistent with the parent Act. Non-compliance with the requirements of the Act could potentially lead to legal challenges or administrative actions, although specific penalties are not detailed in the provided text. The Statement of Compatibility with Human Rights indicates that the amendments are designed to advance the rights of people with disabilities, ensuring they have access to necessary hearing services, thereby improving their social and economic participation.