Overview

The Hearing Services (Participants in the Voucher System) Amendment Determination 2005 (No. 1) was enacted to amend the Hearing Services (Participants in the Voucher Scheme) Determination 1997, aligning it with the repeal of the Hearing Services Rules of Conduct 2000 and the introduction of the Hearing Services Rules of Conduct 2005. This determination was made under subsection 13(1) of the Hearing Services Administration Act 1997, with the objective of ensuring that references within the 1997 Determination are updated to reflect the new 2005 rules. This was a purely technical amendment, necessary due to changes in the legislative framework, and no changes were made to the eligibility of participants or the services they can receive. The Determination was issued by the Commonwealth of Australia and came into effect on 1 October 2005.

Scope and Application

The Hearing Services (Participants in the Voucher System) Amendment Determination 2005 (No. 1) amends the Hearing Services (Participants in the Voucher Scheme) Determination 1997 by making technical adjustments to update references within the Determination, following the repeal of the Hearing Services Rules of Conduct 2000 and the creation of the Hearing Services Rules of Conduct 2005. This Determination applies to the persons and entities involved in the Australian Government Hearing Services Program, particularly those who are or may become participants in the voucher system. The scope of the Amendment Determination is limited to the technical amendments of the references within the Determination, without altering the eligibility of persons or the services they can receive. The jurisdictional reach of this Determination is national, as it pertains to the Commonwealth’s Hearing Services Program. There are no exclusions, exemptions, or thresholds specified in this Amendment Determination. It should be noted that while the Act itself is not altered, the Amendment Determination is a legislative instrument subject to the Legislative Instruments Act 2003, and it commenced on 1 October 2005.

Key Provisions

The Hearing Services (Participants in the Voucher System) Amendment Determination 2005 (No. 1) (the "Amending Determination") is a legislative instrument that makes technical amendments to the Hearing Services (Participants in the Voucher Scheme) Determination 1997 (the "Determination") following the repeal of the Hearing Services Rules of Conduct 2000 and the introduction of the Hearing Services Rules of Conduct 2005. The Amending Determination (items 1, 2 and 3) amends the Determination to reflect the new numbering of certain rules and paragraphs within the Hearing Services Rules of Conduct 2005 (subsection 13(1) of the Act). These amendments do not affect the eligibility of participants in the voucher system or the services they are entitled to receive under the Australian Government Hearing Services Program. The Amending Determination is effective from 1 October 2005 (commencement section). The Amending Determination imposes specific obligations on the parties involved, primarily ensuring that the Determination is updated to align with the new Hearing Services Rules of Conduct 2005. This includes updating references within the Determination to accurately reflect the renumbered rules and paragraphs in the 2005 Rules (Schedule 1, Item [1], [2], [3]). These technical amendments ensure the continuity of the legal framework governing the eligibility of participants in the voucher system and the services they can access. The Determination remains unchanged in terms of the classes of eligible persons and the services they can receive, maintaining the existing standards and provisions. Failure to comply with the provisions of the Amending Determination could potentially lead to administrative issues or inaccuracies in the application of the Hearing Services Program. However, the Amending Determination itself does not introduce new offences or penalties. The primary focus is on ensuring that the legal instruments governing the Hearing Services Program remain coherent and consistent with the updated rules of conduct. The consequences of non-compliance would primarily be administrative in nature, rather than resulting in criminal or civil penalties. In summary, the Hearing Services (Participants in the Voucher System) Amendment Determination 2005 (No. 1) makes necessary technical amendments to the Hearing Services (Participants in the Voucher Scheme) Determination 1997, ensuring that it aligns with the updated Hearing Services Rules of Conduct 2005. The Amending Determination imposes obligations on the parties involved to update references within the Determination to reflect the new rules and paragraphs. While the Determination and the Amending Determination do not introduce new offences or penalties, compliance is essential to maintain the integrity and coherence of the legal framework governing the Hearing Services Program.