EXPLANATORY STATEMENT
Commonwealth of Australia
Hearing Services Administration Act 1997
Hearing Services (Participants in the Voucher System) Determination 1997 (Amendment No.1 of 1997)
Reforms to delivery arrangements for government-funded hearing services under the Hearing Services Program were announced by the Commonwealth Government in the 1996-97 Budget. Among the reforms was the introduction of a voucher system for adult clients of the Program.
This Determination, made under sub-paragraph 13(1) of the Hearing Services Administration Act 1997 (the Act), makes provision for the Minister to determine the classes of persons who are eligible to participate in the voucher system, and to specify the hearing services that may be available to them under a voucher. Eligible persons are defined in section 5 of the Act.
The amendment clarifies what was seen to be an ambiguous reference to devices that were listed and ensures that the determination complies with section 13 of the Act which requires the Minister to specify the hearing services available to a participant.
Overview
The Hearing Services Administration Act 1997 was enacted to facilitate the administration of the Hearing Services Program, particularly focusing on the delivery of government-funded hearing services. The Act was introduced to address the need for a more structured and efficient system for providing hearing services to the public, particularly for adult clients. One significant reform announced in the 1996-97 Budget was the introduction of a voucher system aimed at streamlining the provision of these services. This legislative measure was enacted by the Commonwealth Parliament to ensure that the Minister could determine the eligibility of participants in the voucher system and specify the hearing services available to them, thereby addressing gaps in the previous system and enhancing the delivery of hearing services. The policy objective behind this amendment was to provide clarity and ensure compliance with the legislative requirements, particularly in relation to the services specified under the voucher system.
Scope and Application
The Hearing Services Administration Act 1997 applies to the administration of government-funded hearing services in Australia, with a particular focus on the Hearing Services Program, including the voucher system for adult clients. This legislation empowers the Minister to determine which classes of persons are eligible to participate in the voucher system and to specify the types of hearing services that can be provided under this system. The Act also mandates that the Minister ensure these services comply with the statutory requirements set forth in section 13 of the Act. The scope of this legislation extends to the entire Commonwealth of Australia, affecting all entities and individuals involved in the provision and administration of hearing services under the specified program.
The Hearing Services (Participants in the Voucher System) Determination 1997, which was subsequently amended in 1997, provides further detail on the implementation of the voucher system. This determination clarifies eligibility criteria for participants and the range of hearing services available to them, thereby ensuring that the provisions of the Act are effectively operationalised. The amendment addresses ambiguities in the original determination, ensuring compliance with the statutory framework and improving the clarity and administration of the voucher system. This legislative framework applies nationally across Australia and does not specify any exclusions, exemptions, or thresholds beyond those outlined in the Act and its subordinate instruments.
Key Provisions
The Hearing Services (Participants in the Voucher System) Determination 1997 (Amendment No.1 of 1997) amends the original Determination made under section 13(1) of the Hearing Services Administration Act 1997. It provides that the Minister is empowered to determine the classes of persons eligible to participate in the voucher system and to specify the hearing services available to them under the voucher. The amendment clarifies the scope of hearing services that can be provided, ensuring that the determination aligns with section 13 of the Act. This section mandates that the Minister must specify the hearing services available to participants, thus providing clarity and ensuring that the services provided are within the legislative framework.
The Act imposes several obligations on parties involved in the Hearing Services Program. Firstly, it requires the Minister to determine which classes of persons are eligible for the voucher system. This includes identifying the specific criteria that must be met for eligibility. Secondly, the Minister must specify the range of hearing services that can be provided to eligible participants under the voucher. These services must be outlined clearly to ensure transparency and compliance with the legislative requirements. The Act also places an obligation on hearing service providers to deliver the specified services within the parameters set by the Minister, ensuring that participants receive the services they are entitled to under the voucher system.
The Determination does not explicitly outline specific offences, penalties, or consequences for breaches. However, under the Hearing Services Administration Act 1997, breaches of the Act's provisions may lead to civil or criminal liability. For example, if a provider fails to deliver specified services as outlined in the Determination, they could face legal action for breach of contract or misrepresentation. The penalties for such breaches would depend on the nature and severity of the breach but could include financial penalties or other remedies as determined by a court. It is important for all parties to adhere to the requirements set out in the Act and the Determination to avoid any potential legal consequences.