EXPLANATORY MEMORANDUM
Minute No. of 1999 – Minister for Aged Care
Subject - Hearing Services Administration Act 1997
Hearing Services (Participants in the Voucher System) Amendment Determination 1999 (No. 1)
The Hearing Services Administration Act 1997 ('the Act') sets up a scheme under which hearing services are provided to voucher-holders by contracted hearing service providers.
Part 2, Division 3, Section 13 (1) of the Act provides that the Minister may, by writing, determine that:
(a) each eligible person included in a specific class of eligible persons is a participant in the voucher system for the purposes of this Act; and
(b) in the event that the Minister issues a voucher to such a person during a specified period, one or more specified hearing services are available to the person under the voucher.
A determination under this section is a disallowable instrument for the purposes of Section 46A of the Acts Interpretation Act 1901.
The proposed Amendment will amend the Hearing Services (Participants in the Voucher System) Determination 1997 to:
(i) prescribe for the submission of a Statutory Declaration to certify the circumstances of a hearing device being destroyed, lost and unlikely to be found or damaged and cannot be reasonably repaired, before a replacement is considered.
These amendments will give effect to new measures announced in the 1999-2000 Federal Budget for the Hearing Services Program, these include:
- the submission of a Statutory Declaration to explain the circumstances of the loss, destruction or damage beyond repair of the hearing device before replacement is considered.
Item 1 - will amend Section 1 to change the citation of the Determination to the Hearing Services (Participants in the Voucher System) Amendment Determination 1999 (No.1).
Item 2 - will amend Section 6, Table B Class No.1 by inserting conditions under which a hearing device may be replaced.
Item 3 - will amend Section 6, Table B Class No.2 by inserting conditions under which a hearing device may be replaced.
Item 4 - will amend Section 6, Table B Class No.3, Column 2 by specifying the conditions under which repairs and maintenance may be provided and a hearing device may be replaced.
Item 5 - will amend Subsection 7 (2) by inserting the conditions under which charges are payable by participants who choose a 'top-up' hearing device as a replacement for a lost, destroyed or damaged beyond reasonable repair hearing device.
Item 6 - will amend Subsection 8 (2) by specifying the service item in column 2 in Table B as services necessary to assess and measure the nature and extent of the participant's hearing loss.
The proposed Amendment Determination will commence on 1 July 1999.
Overview
The Hearing Services Administration Act 1997 was enacted to establish a scheme whereby hearing services are provided to voucher-holders through contracted hearing service providers. The Act aims to ensure that eligible individuals have access to necessary hearing services by providing a structured framework for the administration of these services. The Australian Parliament enacted this legislation to address the need for a systematic approach to delivering hearing services to those who qualify for the voucher system. The policy objective of the Act is to facilitate the provision of these services in a manner that is both efficient and responsive to the needs of the participants.
The Hearing Services (Participants in the Voucher System) Amendment Determination 1999 (No. 1) was introduced to amend the original Hearing Services (Participants in the Voucher System) Determination 1997. This amendment was made to incorporate new measures announced in the 1999-2000 Federal Budget, specifically concerning the Hearing Services Program. One of the key changes was the requirement for participants to submit a Statutory Declaration to certify the circumstances under which a hearing device was destroyed, lost and unlikely to be found, or damaged beyond reasonable repair, before a replacement could be considered. This amendment reflects the policy intent to ensure that the provision of replacement hearing devices is appropriately managed and that the resources are used effectively within the scheme.
Scope and Application
The Hearing Services Administration Act 1997 governs the provision of hearing services to voucher-holders through contracted hearing service providers, establishing a structured scheme to deliver such services. This Act applies to eligible individuals who participate in the voucher system and the hearing service providers contracted under the Act. The geographical scope of the Act is national, encompassing the entire Commonwealth of Australia, and it extends to any persons or entities involved in the provision or receipt of hearing services under the voucher system. The Act also permits the Minister to make determinations, such as the Hearing Services (Participants in the Voucher System) Amendment Determination 1999 (No. 1), which specifies conditions for the replacement and repair of hearing devices, and requires a Statutory Declaration for certain circumstances such as loss, destruction, or irreparable damage of devices before replacement can be considered. These amendments, which came into effect on 1 July 1999, are designed to align with measures announced in the 1999-2000 Federal Budget for the Hearing Services Program.
Key Provisions
The Hearing Services (Participants in the Voucher System) Amendment Determination 1999 (No. 1) amends the Hearing Services (Participants in the Voucher System) Determination 1997 to introduce new measures for the Hearing Services Program. Under the Hearing Services Administration Act 1997, the Minister has the authority to determine certain aspects of the voucher system, including which individuals are eligible to participate and what services are covered (Section 13(1)). The proposed amendment introduces stricter requirements for the replacement of hearing devices, mandating that a Statutory Declaration be submitted to certify the circumstances of the loss, destruction, or irreparable damage of a device before a replacement is considered.
The obligations imposed by this amendment include the requirement for participants to submit a Statutory Declaration in specified circumstances, ensuring that only those who genuinely require a replacement hearing device will receive one. This aims to prevent misuse of the voucher system and ensure resources are allocated appropriately. Additionally, the amendment introduces specific conditions under which hearing devices may be replaced or repaired, further defining the scope and limitations of the services provided under the voucher system.
Failure to comply with these new requirements could result in civil or criminal consequences. Although the legislation does not explicitly state penalties, breaches of the conditions outlined in the amendment could potentially lead to legal action under the Hearing Services Administration Act 1997. This might include fines or other penalties as deemed appropriate by the relevant authorities. It is crucial for participants and service providers to adhere to the conditions set forth in the amendment to avoid any legal repercussions.