EXPLANATORY MEMORANDUM
Minute No. of 1999 – Minister for Aged Care
Subject - Hearing Services Administration Act 1997
Hearing Services Voucher Amendment Rules 1999 (No. 1)
The Hearing Services Administration Act 1997 ('the Act') sets up a scheme under which hearing services are provided to voucher-holders by contracted hearing service providers.
Part 2, Division 2, Section 11(1) of the Act provides that the Minister may, by written instrument, formulate rules relating to vouchers. The rules are to known as the voucher rules. Rules under this subsection are disallowable instruments for the purposes of Section 46A of the Acts Interpretation Act 1901.
The proposed Amendment will amend the Hearing Services Voucher Rules 1997 to:
(i) prescribe for the National Manager of the Office of Hearing Services to authorise a contracted hearing service provider to replace a hearing device which has been lost, destroyed or damaged beyond reasonable repair, on the basis of information set out in a Statutory Declaration by the voucher-holder.
These amendments will give effect to new measures announced in the 1999-2000 Federal Budget for the Hearing Services Program, these include:
- the submission of a Statutory Declaration to explain the circumstances of the loss, destruction or damage beyond repair of the hearing device before replacement is considered.
Item 1 - will amend Section 1 to change the citation of the Rules to the Hearing Services Voucher Amendment Rules 1999 (No.1).
Item 2 - will amend Paragraph 10 (1) (b) by inserting a condition requiring a Statutory Declaration from a voucher-holder before a hearing device may be replaced.
The proposed Voucher Amendment Rules will commence on 1 July 1999.
Overview
The Hearing Services Administration Act 1997 established a framework for the provision of hearing services to voucher-holders through contracted hearing service providers. This Act was enacted by the Australian Parliament to address the need for a structured and efficient system for delivering hearing services to eligible individuals. In this context, the Act allows the Minister for Aged Care to formulate rules, known as voucher rules, which are subject to disallowance under Section 46A of the Acts Interpretation Act 1901. The Hearing Services Voucher Amendment Rules 1999 (No. 1) were introduced to implement new measures announced in the 1999-2000 Federal Budget for the Hearing Services Program. These measures include the requirement for a Statutory Declaration to be submitted by voucher-holders to explain the circumstances of loss, destruction, or damage beyond repair of a hearing device before it can be replaced. This amendment aims to ensure that the replacement process is properly substantiated, thereby maintaining the integrity of the scheme and providing a clear pathway for voucher-holders to receive necessary services.
Scope and Application
The Hearing Services Administration Act 1997 governs the administration and provision of hearing services to voucher-holders by contracted hearing service providers. It applies to individuals who hold vouchers under the scheme and to the entities providing the hearing services. The Act is of Commonwealth jurisdiction, meaning it applies across Australia. The Act's scope is further refined through the Hearing Services Voucher Rules 1997, which include provisions that can be amended by written instruments as specified in Section 11(1) of the Act. These amendments, such as those proposed in the Hearing Services Voucher Amendment Rules 1999 (No. 1), can be made by the Minister for Aged Care and are subject to disallowance under Section 46A of the Acts Interpretation Act 1901. The amendment in question introduces a requirement for voucher-holders to submit a Statutory Declaration to explain the circumstances of loss, destruction, or damage of a hearing device before a replacement can be authorised by the National Manager of the Office of Hearing Services. This amendment reflects budget measures announced for the Hearing Services Program in the 1999-2000 Federal Budget and will take effect from 1 July 1999.
Key Provisions
The Hearing Services Administration Act 1997 (the Act) governs the provision of hearing services to voucher-holders through contracted hearing service providers. Under Section 11(1) of the Act, the Minister has the authority to establish rules concerning these vouchers, known as the voucher rules. These rules are subject to disallowance under Section 46A of the Acts Interpretation Act 1901. The proposed Hearing Services Voucher Amendment Rules 1999 (No. 1) aim to modify the existing voucher rules to enhance the administration of the hearing services program, in alignment with measures outlined in the 1999-2000 Federal Budget.
The primary operative sections of the proposed amendment include changes to the rules governing the replacement of lost, destroyed, or damaged hearing devices. Specifically, Section 1 of the amendment changes the citation of the Rules to the Hearing Services Voucher Amendment Rules 1997 (No. 1). Additionally, Paragraph 10(1)(b) is amended to include a condition that requires a voucher-holder to submit a Statutory Declaration detailing the circumstances of the loss, destruction, or damage before any replacement of the hearing device can be considered. This amendment is intended to ensure that the replacement process is transparent and adequately justified.
The amendment imposes several obligations on the parties involved. Voucher-holders must provide a Statutory Declaration before a replacement hearing device can be authorised. This declaration must detail the circumstances surrounding the loss, destruction, or irreparable damage to the hearing device. Additionally, contracted hearing service providers are required to comply with the conditions set out in the amended rules when processing replacement requests. The National Manager of the Office of Hearing Services must also authorise the replacement based on the information provided in the Statutory Declaration.
Failure to comply with the amended rules may result in civil or criminal consequences. While the specific penalties are not detailed in the provided text, breaches of rules under the Hearing Services Administration Act 1997 generally carry penalties that could include fines or other sanctions. The severity of these penalties would depend on the nature and extent of the breach, as well as any relevant jurisdictional guidelines and the discretion of the courts. The requirement to submit a Statutory Declaration ensures that all claims for replacement are thoroughly vetted, thereby maintaining the integrity of the hearing services program.