Hearing Services Regulations (Amendment)

Overview

The Hearing Services Regulations (Amendment) 1997 No. 333 were enacted under the Australian Hearing Services Act 1991 to address the need for updating the remuneration of Board appointees, the schedule of charges for services provided by Australian Hearing Services, and the alignment of the Regulations with recent amendments to the Act. These amendments were made to reflect increases in service costs over the six years since the original regulations were established and to redefine services according to current demands. The policy objective of the amendment is to ensure that the regulatory framework remains relevant and effective in delivering hearing services, while also adapting to the evolving needs of the clients and the statutory authority itself. The Regulations were issued by the Minister for Health and Family Services and took effect upon gazette publication.

Scope and Application

The Hearing Services Regulations (Amendment) 1997 No. 333, issued under the Australian Hearing Services Act 1991, apply to Australian Hearing Services as a statutory authority, aiming to ensure the provision of hearing services across Australia. These regulations primarily affect the remuneration and charges associated with the services provided by the Authority, aligning with the determinations of the Remuneration Tribunal and updating the schedule of charges to reflect current service costs and demand. The Regulations also incorporate amendments to definitions and terms to ensure consistency with the Act as updated by the Hearing Services and AGHS Reform Act 1997, thereby clarifying who is eligible to receive government-funded hearing services. The amendments cover changes to the Board's remuneration, the introduction of a new schedule of charges, and the omission of outdated regulations that have been superseded by the new provisions. These changes are designed to streamline the regulatory framework and ensure it remains relevant and effective in meeting the needs of the services provided by Australian Hearing Services.

Key Provisions

The Hearing Services Regulations (Amendment) 1997 No. 333 introduces several key changes to the Australian Hearing Services Regulations, aligning them with recent amendments to the Australian Hearing Services Act 1991. Regulation 2 renames the Hearing Services Regulations to the Australian Hearing Services Regulations, providing a clearer identification of the regulatory framework. Regulation 3 and Regulation 5-6 ensure that definitions and terms within the regulations are consistent with the updated Act, including those related to eligibility for government-funded hearing services, which have been revised to reflect current demands and needs. These changes aim to clarify who qualifies as a 'client' and 'person' under the scheme, thereby ensuring that services are appropriately targeted and accessible to those in need. The amendments impose specific obligations on Australian Hearing Services and the relevant stakeholders. Regulation 4 removes the former provision regarding the remuneration and allowances of appointed members of the Board, instead referencing the Remuneration Tribunal's determination as per section 27 of the Act. This shift ensures that Board member remuneration is set according to current standards and recommendations. Regulation 6, introduced by Regulation 7, establishes a new schedule of charges for defined services, replacing previous regulatory provisions. This schedule reflects the increased costs of providing hearing services since the original regulations were enacted, and it requires entities to adhere to these updated charges for the services they offer. Furthermore, Regulation 8 clarifies the liability for charges incurred by clients, ensuring transparency and accountability in financial transactions related to hearing services. Breaches of these regulations can lead to significant legal consequences. While the specific offences and penalties are not detailed in the Explanatory Statement, it is reasonable to infer that non-compliance with the prescribed charges and eligibility criteria could result in administrative penalties or legal action. Under the Australian Hearing Services Act 1991, failure to adhere to the regulations could potentially lead to financial penalties or other corrective measures, as outlined in the broader legislative framework. The precise penalties would be determined by the relevant authorities in accordance with the Act's provisions, ensuring that the integrity and purpose of the hearing services provision are upheld.