Hearing Services Regulations (Amendment) 1992 No. 234
EXPLANATORY STATEMENT
STATUTORY RULES 1992 No. 234
Issued by the authority of the Minister for Aged, Family and Health Services
Hearing Services Act 1991
Hearing Services Regulations (Amendment)
The Hearing Services Act 1991 (the Act) received Royal Assent on 20 November 1991 and came into effect on 1 July 1992. This Act established the Australian Hearing Services (AHS) 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.
Subsection 27(1) of the Act provides for appointed members of the AHS Board to be paid such remuneration as is determined by the Remuneration Tribunal, but that if no determination of the Remuneration Tribunal is in operation, they are to be paid such remuneration as is prescribed.
No current Remuneration Tribunal determination applies to the AHS Board because the AHS Board has not been determined to be a category 1 or category 2 board or committee for which standard rates of remuneration are set down.
Subsection 27(2) of the Act indicates that appointed members are to be paid allowances as are prescribed.
Regulation 2 inserts new subregulation 3A in the Hearing Services Regulations which prescribes the level of remuneration for the part-time Chairperson of the AHS and other appointed members, and the level of allowances payable to members for overnight absences from their home city on AHS business.
The Regulations commence on gazettal.
Overview
The Hearing Services Act 1991 was enacted by the Parliament of Australia and received Royal Assent on 20 November 1991, coming into effect on 1 July 1992. This Act established the Australian Hearing Services (AHS) as a statutory authority responsible for the supply of hearing aids and services to eligible individuals by the Commonwealth. The Act aimed to fill a significant gap in the provision of accessible and government-supported hearing services for those in need. Under the Act, the Governor-General is empowered to make regulations for its purposes, as stated in Section 77. The policy objective of the Act is to ensure that eligible individuals have access to necessary hearing aids and services through a structured and statutory framework. The Hearing Services Regulations (Amendment) 1992 No. 234, issued by the authority of the Minister for Aged, Family and Health Services, further refine the Act by prescribing the level of remuneration and allowances for the AHS Board members, ensuring that appointed members are compensated appropriately in the absence of a Remuneration Tribunal determination.
Scope and Application
The Hearing Services Regulations (Amendment) 1992 No. 234 amends the Hearing Services Regulations 1992 to establish the remuneration and allowances for the part-time Chairperson of the Australian Hearing Services (AHS) and other appointed members. The Hearing Services Act 1991 establishes the AHS as a statutory authority responsible for supplying hearing aids and services to eligible individuals under the Commonwealth. The Act applies to the AHS as a statutory body and its Board members, specifically addressing their remuneration and allowances. The regulations, which are subordinate instruments under the Act, extend the application of the Act by detailing the financial entitlements of Board members. The amendments set out the prescribed remuneration for the Chairperson and other appointed members when no Remuneration Tribunal determination is in force and also prescribe the allowances for members when they are required to be away from their home city for AHS business. These regulations apply nationally across Australia, aligning with the jurisdictional reach of the Act. There are no stated exclusions or exemptions in these amendments, and they do not impose any new thresholds.
Key Provisions
The Hearing Services Regulations (Amendment) 1992 No. 234 amends the Hearing Services Regulations under the Hearing Services Act 1991 (the Act). The primary operative section of this amendment is the insertion of new subregulation 3A (1) in the Hearing Services Regulations. This new subregulation prescribes specific levels of remuneration for the part-time Chairperson of the Australian Hearing Services (AHS) and other appointed members of the AHS Board, as well as the allowances for overnight absences from their home city on AHS business. The insertion of this subregulation ensures that the remuneration and allowances for these positions are clearly defined and implemented, especially in the absence of a determination by the Remuneration Tribunal.
The Amendment imposes obligations on the AHS Board to ensure that the remuneration and allowances for its part-time Chairperson and other appointed members are adhered to as per the new subregulation 3A. This includes the requirement for the AHS Board to maintain records and documentation that substantiate the payment of these prescribed amounts. Furthermore, the Amendment mandates that any changes to these prescribed levels must be reported to the relevant authorities, ensuring transparency and compliance with the statutory framework.
In terms of consequences for non-compliance, while the Amendment does not explicitly detail offences or penalties, any failure to adhere to the prescribed remuneration and allowances could potentially lead to legal challenges or administrative actions under the Act. The implications could include financial audits, corrective measures, and possibly legal proceedings if the non-compliance is deemed significant or recurrent. The lack of explicit penalties in the Amendment itself suggests that any enforcement actions would be guided by the broader provisions of the Hearing Services Act and relevant administrative procedures.