EXPLANATORY STATEMENT
Issued by the authority of the Minister for Mental Health and Ageing
Hearing Services Administration Act 1997
Hearing Services (Participants in the Voucher System) 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. Section 13 of the Act provides that the Minister may determine persons in specified classes of eligible persons to be participants in the voucher system and the hearing services that may be available to such persons in the event that they are issued with a voucher by the Minister. The Hearing Services (Participants in the Voucher System) Determination 1997 (the Principal Determination) is the legislative instrument that describes the classes of eligible persons that the Minister has determined to be participants in the voucher system and the hearing services that the Minister has determined are available to a participant who is issued a voucher.
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) Determination 1997 (the Eligible Persons Determination) is being amended to extend eligibility for hearing services under the voucher system component of the Program to certain NDIS participants. The Hearing Services (Participants in the Voucher System) Amendment Determination 2013 (No. 1) (the Determination) amends the Principal Determination to extend the availability of certain classes of hearing services under the voucher system to those new NDIS participant classes of eligible persons.
The Determination adds the class of eligible persons created by new subsection 4(6) of the Eligible Persons Determination, being NDIS participants aged 21 years and over who have been referred for hearing services under the Program pursuant to a participant’s plan prepared under the NDIS Act, to class 1 in Table A of the Principal Determination and excludes it from class 4. The effect of these amendments is to make class 1 hearing services, being the full range of hearing services available under the Program’s voucher system, available to those NDIS participants. Class 4 services consist of minor maintenance services for 5 years after Program eligibility is lost, and will be available to the class of eligible persons created by new subsection 4(7) of the Eligible Persons Determination, being NDIS participants eligible under subsection 4(6) who have a hearing device fitted under the Program and subsequently lose eligibility.
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 receive the full range of voucher services, to implement the COAG commitment to 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 (Participants in the voucher system) 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). The Hearing Services (Eligible Persons) Determination 1997 (the Eligible Persons Determination) is being amended to extend eligibility for hearing services under the voucher system component of the Australian Government Hearing Services Program (the Program) to certain NDIS participants. This Legislative Instrument amends the Hearing Services (Participants in the Voucher System) Determination 1997 to extend the availability of certain classes of hearing services under the voucher system to those new NDIS participant classes of eligible persons.
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 NDIS 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, while those young adults aged 21 to under 26 years have the choice of entering the voucher program or continuing with CSO services. Corresponding amendments to the Declared Hearing Services Determination 1997 will facilitate access to hearing services under the CSO component of the Program to NDIS participants aged under 26 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