Commonwealth of Australia
Hearing Services Administration Act 1997
Hearing Services Rules of Conduct Amendment Rules 2005 (No. 1)
EXPLANATORY STATEMENT
Subsection 17(1) of the Hearing Services Administration Act 1997 (the Act) provides that the Minister must, by written instrument, formulate rules of conduct relating to the provision of hearing services to voucher-holders. The Hearing Services Rules of Conduct 2000 (the Rules) currently prescribe rules for the purposes of subsection 17(1) of the Act. The Rules outline requirements and standards which service providers contracted to delivery hearing services under the Australian Government Hearing Services Program (the Program) must adhere to when supplying hearing services to voucher-holders. They also set out qualification and registration requirements for qualified practitioners engaged by service providers to undertake service delivery.
Paragraph 12(1)(e) of the Rules outlines the requirement that contracted service providers must deliver hearing services in accordance with specified clinical standards. These standards are contained in the document referred to in paragraph 12(2) of the Rules, and form part of the contract between the Government and service providers. They set out the standards of services to be provided to voucher holders by contracted service providers and service provider personnel.
The clinical standards were revised on 1 July 2004 to incorporate new guidelines for service providers seeking approval for the refitting of devices; that is, the fitting of a new hearing device for a client who was previously fitted with a device within the last 5 years but who has suffered a marked deterioration in his or her hearing. The date of effect of the revised standards has been incorporated into the Hearing Services Rules of Conduct Amendment Rules 2005 (No. 1) (the Amendment Rules).
Paragraph 40(2)(a) of the Rules permits contracted service providers to charge a voucher holder a maximum annual fee for the supply of batteries for, and maintenance of, a hearing device that has been supplied free of charge under the supplied under the voucher system. Provisions for the annual indexation of the maintenance fee in line with movements in the Consumer Price Index were announced as part of the 2003 Budget.
The Amendment Rules increase in the maximum annual maintenance fee from $31.43 to $32.15. This increase of 2.3 percent will bring into effect the indexation for 2005.
CONSULTATION
The Amendment Rules are minor and machinery in nature. They will not substantially alter existing arrangements or impact on the delivery of hearing services by contracted service providers. Consultations regarding the proposed amendments to the Rules were therefore determined to be unnecessary and were not undertaken.
Information regarding the indexed maintenance fee, and its date of effect, was distributed to contracted service providers on 10 May 2005.
NOTES ON RULES
1. Name of Rules
Rule 1 provides that these Rules are the Hearing Services Rules of Conduct Amendment Rules 2005 (No. 1).
2. Commencement
Rule 2 provides for the Hearing Services Rules of Conduct Amendment Rules 2005 (No. 1) to commence on 1 July 2005.
3. Amendment of Hearing Services Rules of Conduct 2000
Rule 3 provides for Schedule 1 to amend the Hearing Services Rules of Conduct 2000.
SCHEDULE 1 - AMENDMENTS
Item 1 - Subrule 12(2)
Paragraph 12(1)(e) of the Hearing Services Rules of Conduct 2000 requires a contracted service provider to provide hearing services to voucher-holders in accordance with the Clinical Standards. Paragraph 12(2) defines the clinical standards as those specified in the document titled “Clinical Standards – Standards and Practices for Contracted Service Providers and Qualified Practitioners”.
The Clinical Standards were revised on 1 July 2004. New subrule 12(2) inserts the date of these amendments.
Item 2 - Subrule 40(2)(a)
Paragraph 40(2)(a) of the Hearing Services Rules of Conduct 2000 permits a contracted service provider to charge an annual fee for the supply of batteries for, and maintenance of, a device that had been supplied free of charge to the voucher-holder under the voucher system.
In line with an increase in the Consumer Price Index, new subrule 40(2)(a) permits a contracted service provider to charge up to $32.15 for an annual fee for the supply of batteries for, and maintenance of, a device that has been supplied free of charge to the voucher-holder under the voucher system.
A contracted service provider may continue to impose an additional charge equal to the amount of GST imposed in respect of the supply concerned.