Hearing Services (Participants in the Voucher System) Amendment Determination 2013 (No. 1)

Overview

The Hearing Services Administration Act 1997 was enacted to establish the framework for the voucher system component of the Australian Government Hearing Services Program, facilitating the provision of hearing services to eligible voucher-holders. This Act allows the Minister for Mental Health and Ageing to determine specific classes of eligible persons and the corresponding hearing services available to them. The primary objective of this legislation is to ensure that eligible individuals receive necessary hearing services, thereby improving their quality of life and social inclusion. In line with this objective, the Hearing Services (Participants in the Voucher System) Amendment Determination 2013 (No. 1) was introduced to align the Program with the forthcoming National Disability Insurance Scheme (NDIS), which launched on 1 July 2013. This amendment extends eligibility for hearing services under the voucher system to certain NDIS participants, ensuring they can access the full range of hearing services available under the Program. This legislative change reflects the commitment to enhance the rights and social participation of people with disabilities by providing them with essential hearing services.

Scope and Application

The Hearing Services Administration Act 1997 establishes the voucher system component of the Australian Government Hearing Services Program, which provides hearing services to voucher-holders. Section 13 of the Act allows the Minister to determine which eligible persons are participants in the voucher system and the types of hearing services available to them. The Hearing Services (Participants in the Voucher System) Determination 1997 outlines the classes of eligible persons and the services available to them. The Hearing Services (Participants in the Voucher System) Amendment Determination 2013 (No. 1) amends the Principal Determination to include certain National Disability Insurance Scheme (NDIS) participants as eligible persons, thereby extending the availability of certain classes of hearing services under the voucher system to these new NDIS participant classes. Specifically, NDIS participants aged 21 years and over who are referred for hearing services under the Program are added to class 1, which provides access to the full range of hearing services, while those who lose eligibility but have a hearing device fitted under the Program are excluded from class 4, which provides minor maintenance services for five years after eligibility is lost. The Determination is a legislative instrument for the purposes of the Legislative Instruments Act 2003 and is compatible with human rights, as it advances the rights of people with disability by facilitating access to hearing services for a new cohort.

Key Provisions

The Hearing Services (Participants in the Voucher System) Amendment Determination 2013 (No. 1) amends the Hearing Services (Participants in the Voucher System) Determination 1997, expanding 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). Under the amended legislation, NDIS participants aged 21 years and over who have been referred for hearing services under the Program are now eligible for the full range of hearing services available under the Program's voucher system. This amendment ensures that eligible NDIS participants can access necessary hearing services, which will assist them in participating more fully in the community and improving their social and economic participation. Conversely, those NDIS participants who have a hearing device fitted under the Program but subsequently lose eligibility will only be eligible for minor maintenance services for a period of five years. These changes were made to align with the launch of the NDIS on 1 July 2013 and to implement the Council of Australian Governments (COAG) commitment to the National Disability Insurance Scheme. The Act imposes specific obligations on the Minister for Mental Health and Ageing, who is responsible for determining the classes of eligible persons that are participants in the voucher system and the hearing services that may be available to them. This determination is made through legislative instruments such as the Hearing Services (Participants in the Voucher System) Amendment Determination 2013 (No. 1). The Minister must ensure that the amendments to the voucher system accurately reflect the needs of NDIS participants and align with the broader objectives of the NDIS Act. Additionally, the Act requires the Minister to facilitate access to hearing services for eligible NDIS participants, ensuring that these services are integrated with the existing framework of the Hearing Services Program. The Minister must also ensure that the amendments do not adversely affect the eligibility or services available to other participants in the voucher system. There are no specific offences, penalties, or civil/criminal consequences outlined in the Determination for breach of its provisions. However, failure to comply with the requirements of the Hearing Services Administration Act 1997 or any related legislative instruments could result in legal action being taken against the Minister or other relevant parties. This might include judicial review or other remedies available under Australian administrative law. The primary focus of the Determination is to facilitate access to necessary hearing services for eligible NDIS participants, and it does not establish new penalties for non-compliance with its provisions. Instead, it builds on existing legal frameworks to ensure that the necessary changes are implemented effectively and efficiently.