Hearing Services Regulations (Amendment) 1996 No. 149
EXPLANATORY STATEMENT
STATUTORY RULES 1996 No. 149
Issued by the Authority of the Minister for Health and Family Services
Hearing Services Act 1991
Hearing Services Regulations (Amendment)
The Hearing Services Act 1991 (the Act) establishes the Australian Hearing Services (ARS) as a statutory authority for the supply by the Commonwealth of hearing aids and services to eligible people.
Section 77 of the Act provides that the Governor-General may make regulations for the purposes of the Act. Section 62 provides that the regulations may provide for charges to be payable to the AHS for the provision of services.
The regulations amend the existing regulations so that the hearing aid service charge is payable on an annual basis. This provides uninterrupted coverage of hearing aid services to eligible hearing impaired clients. The previous regulations cover a twelve month period but subsequent years coverage does, not automatically commence at the end of the previous period. Under the existing regulations, once this initial period has expired the client win not again be liable for the charge until they represent for further services. The inevitable 'gap' between the completion of one twelve month period and the beginning of the next has proved confusing for clients, in some cases a disincentive to ongoing client management and unnecessarily complex to administer.
Upon advice from the Attorney-General's Department Regulation 3 has been amended to include a definition of brother and sister.
Regulations 4 and 5 replace previous regulation 4 and 5 and provide that the $25 charge is payable from the date on which the hearing aid is provided and on each anniversary of that day. If payment is made, eligible persons will receive hearing aid services for the following 12 months.
Previous regulation 6 has been omitted from these regulations as advice from the Attorney General's Department is that the Hearing Services Act 1991 has no provision for the payment of refunds. Previous regulation 11 has been amended on advice from the Attorney-General's Department to correctly reflect that the eligible person has a debt due to Australian Hearing Services.
Regulation 8 provides for transitional arrangements for clients who already have hearing aids from the AHS at the time the regulations are to commence. These clients fit into two categories, those that have a current entitlement to services and those who do not. For those clients who have a current entitlement, their first twelve months under the proposed new arrangements, commences upon expiry of their existing entitlement under the previous regulations, or those Who do not have a current entitlement their first twelve months commences the first time a service is requested under the proposed new arrangements or a new hearing aid is provided, whichever occurs first.
The regulations will take effect from 1 September 1996.
Overview
The Hearing Services Regulations (Amendment) 1996 No. 149 were issued under the authority of the Minister for Health and Family Services to amend the Hearing Services Regulations 1992. These amendments are made pursuant to the Hearing Services Act 1991, which established the Australian Hearing Services (AHS) as a statutory authority responsible for supplying hearing aids and services to eligible individuals. The primary objective of these amendments is to streamline the payment process for hearing aid services by requiring an annual charge instead of the previous twelve-month period structure. This change aims to provide uninterrupted coverage for eligible clients and to simplify the administration process by avoiding the confusion and complexity caused by the previous payment structure, which resulted in gaps between the completion of one twelve-month period and the beginning of the next. The new regulations also address the payment of charges, refund provisions, and transitional arrangements for existing clients with hearing aids from the AHS.
Scope and Application
The Hearing Services Regulations (Amendment) 1996 No. 149 pertains to the amendment of existing regulations under the Hearing Services Act 1991. This Act establishes the Australian Hearing Services (AHS) as a statutory authority responsible for providing hearing aids and services to eligible individuals who are hearing impaired. The regulations apply to eligible persons, entities, and the services provided by the AHS, focusing on the payment of annual charges for hearing aid services. These regulations have a national reach as they are enacted under the Commonwealth jurisdiction. The primary purpose of these amendments is to streamline the payment system by introducing an annual charge for uninterrupted coverage of hearing aid services, thereby eliminating the confusing gaps between payment periods that previously existed. Additionally, the regulations address the payment of charges from the date of hearing aid provision and on each anniversary of that date, ensuring clarity and continuity in service coverage. The amendments also clarify definitions and address specific concerns such as refunds and debts, enhancing the administrative efficiency and client management processes for the AHS.
Key Provisions
The Hearing Services Regulations (Amendment) 1996 No. 149, issued under the authority of the Minister for Health and Family Services, bring about significant changes to the existing regulations concerning the provision of hearing aids and services by the Australian Hearing Services (AHS). The most notable change is the amendment of the hearing aid service charge to be payable on an annual basis rather than a twelve-month period (Regulation 3). This change aims to provide uninterrupted coverage of hearing aid services to eligible hearing impaired clients, eliminating the 'gap' between the completion of one twelve-month period and the beginning of the next, which had caused confusion and administrative complexity. Regulation 4 and Regulation 5 further detail that the $25 charge is payable from the date on which the hearing aid is provided and on each anniversary of that date. If payment is made, eligible persons will receive hearing aid services for the following 12 months.
These regulations impose specific obligations on the parties involved. Firstly, eligible clients are required to pay the annual hearing aid service charge to receive uninterrupted services. Regulation 4 and Regulation 5 specify the timing and frequency of the charge payments. For those who already have hearing aids from the AHS at the time the regulations are to commence, Regulation 8 outlines transitional arrangements. Clients with a current entitlement will have their first twelve months under the new arrangements commence upon the expiry of their existing entitlement, while those without a current entitlement will have their first twelve months commence when they first request a service or receive a new hearing aid under the new arrangements.
Failure to comply with the provisions of these regulations may result in civil or administrative consequences. For instance, if an eligible person does not pay the annual hearing aid service charge, they may lose their entitlement to ongoing hearing aid services. Additionally, Regulation 11 clarifies that an eligible person who fails to make the required payment will incur a debt to Australian Hearing Services. Although the regulations do not specify criminal penalties, non-compliance with payment obligations could lead to debt recovery actions by AHS. The amendments aim to streamline the process and reduce administrative burdens for both the service provider and the clients.