Legislative Instruments (Hearing Services Administration Instruments) Sunset-altering Declaration 2015

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Legislation au F2015L01516 Not in force Legislative Instrument

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Legislative Instruments (Hearing Services Administration Instruments) Sunset-Altering Declaration 2015

EXPLANATORY STATEMENT

Issued by the Attorney‑General
in compliance with section 26 of the Legislative Instruments Act 2003

 

INTRODUCTION

This declaration was made under subsection 51A(1) of the Legislative Instruments Act 2003 (the LIA) and is a legislative instrument for the purposes of the LIA. The declaration is subject to the disallowance provisions of the LIA.

OUTLINE

The purpose of Part 6 of the LIA, which provides for the sunsetting of legislative instruments, is to ensure that legislative instruments are kept up to date and only remain in force for so long as they are needed.

Section 51A enables the Attorney-General to align the sunsetting dates of two or more instruments by a declaration. The instruments will then all cease to be in force on the day specified in the declaration instead of the scheduled sunsetting day of each instrument.

This allows instruments to continue to be in force for a further but limited period of time when they would otherwise sunset – or to sunset earlier than the originally scheduled sunsetting day. This removes the administrative burden as well as legislative inconsistencies which arise from remaking instruments of related legislation independently at different times.

PROCESS BEFORE CERTIFICATE WAS MADE

Regulatory impact analysis

Before this declaration was issued, its expected impact was assessed using the Preliminary Assessment tool approved by the Office of Best Practice Regulation (OBPR). That assessment indicated that it would have no or low negative impact on businesses, individuals and the economy. This assessment has been confirmed by the OBPR (OBPR reference 19486).

Statement of compatibility with human rights obligations

Before this declaration was made, its impact on human rights was assessed using tools and guidance published by the Attorney‑General’s Department. It is fully compatible with human rights as defined in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.

Consultation before making

Before this declaration was issued, the Attorney‑General considered the general obligation to consult imposed by section 17 of the LIA, and the specific circumstances where consultation may be unnecessary or inappropriate set out in section 18. Consultation involved the Department of the Health. The declaration does not significantly alter existing arrangements or interfere with other planned reviews of hearing services administration legislation. Accordingly, further consultation was unnecessary.

Statutory preconditions relevant to this declaration

If the Attorney-General is satisfied that the statutory conditions in section 51A of the LIA are met, the sunsetting day of two or more legislative instruments can be aligned by means of a declaration made under that section. The statutory conditions are that all the instruments to be reviewed:

         would (in the absence of a declaration under section 51A) be subject to sunsetting 

         are or will be the subject of a single review, and

that the making of the declaration will facilitate the undertaking of the review and the implementation of its findings. 

In terms of process, the LIA requires:

         the responsible rule maker to apply to the Attorney-General

         the Attorney-General to be satisfied that the instrument meets the statutory conditions, and

         the Attorney-General to make a declaration which is a legislative instrument and subject to disallowance.

More information

The detail of the declaration is provided in Attachment A.

A copy of each instrument which is the subject of this declaration, and which will now sunset at a different day as specified in this certificate, is available on the whole‑of‑government ComLaw websitehttp://www.comlaw.gov.au.


ATTACHMENT A

NOTES ON THE DECLARATION           

Section 1 Name of declaration

This section provides for the declaration to be named as the Legislative Instruments (Hearing Services Administration Instruments) Sunset-altering Declaration 2015. The declaration may be cited by that name.

Section 2  Commencement

This section provides for the declaration to commence on the day after it is registered.

Section 3 Authority

This section provides that the declaration is made under subsection 51A(1) of the Legislative Instruments Act 2003. 

Section 4 Repeal of hearing services administration instruments to facilitate review etc.

This section provides that each of the following instruments is repealed on 1 October 2019:

  • Hearing Service Providers Accreditation Scheme 1997
  • Hearing Services (Eligible Persons) Determination 1997
  • Hearing Services (Participants in the Voucher System) Determination 1997
  • Hearing Services Rules of Conduct 2012
  • Hearing Services Voucher Rules 1997

This is the aligned sunsetting day for those instruments, which would otherwise sunset between 1 April 2016 and 1 October 2022. Four of the instruments will be deferred to a later sunsetting day, and one instrument will be moved forward to an earlier day.

For the purpose of clarity, the section includes a statement that the legal requirements are met, i.e. that these instruments would otherwise be repealed by section 50 of the Legislative Instruments Act 2003, that they are or will be the subject of a single review and that the declaration facilitates the undertaking of the review.

Section 5 Repeal of this declaration

This section provides that the declaration is repealed on 2 October 2019, which is the day after the aligned sunsetting day. This declaration remains thus in force only as long as it is needed.

Overview

The Legislative Instruments (Hearing Services Administration Instruments) Sunset-Altering Declaration 2015 was issued by the Attorney-General under the Legislative Instruments Act 2003, addressing the need to ensure legislative instruments are kept up to date and remain in force only as long as they are necessary. The purpose of this sunset-altering declaration is to align the sunsetting dates of multiple legislative instruments, allowing them to continue in force for a limited period or to sunset earlier than originally scheduled, thereby removing administrative burdens and legislative inconsistencies. This aligns with the objectives of Part 6 of the LIA, which ensures legislative instruments are regularly reviewed and updated. The declaration was subject to regulatory impact analysis, which indicated a low negative impact on businesses, individuals, and the economy, and was deemed fully compatible with human rights obligations. The Attorney-General considered statutory preconditions before issuing the declaration, which repeals specific hearing services administration instruments on 1 October 2019, facilitating a single review of the related legislation.

Scope and Application

The Legislative Instruments (Hearing Services Administration Instruments) Sunset-Altering Declaration 2015 applies to specific legislative instruments related to the accreditation and conduct of hearing service providers in Australia. These instruments include the Hearing Service Providers Accreditation Scheme 1997, the Hearing Services (Eligible Persons) Determination 1997, the Hearing Services (Participants in the Voucher System) Determination 1997, the Hearing Services Rules of Conduct 2012, and the Hearing Services Voucher Rules 1997. The declaration is made under subsection 51A(1) of the Legislative Instruments Act 2003 and applies on a Commonwealth level, as it involves the regulation of hearing services which are subject to federal oversight. The primary aim of this declaration is to align the sunsetting dates of the listed instruments to facilitate a comprehensive review and to avoid legislative inconsistencies. The sunsetting of these instruments is rescheduled to 1 October 2019, and the declaration itself will cease to have effect on 2 October 2019. This ensures that the legislative framework remains current and effective for the administration of hearing services in Australia.

Key Provisions

The Legislative Instruments (Hearing Services Administration Instruments) Sunset-altering Declaration 2015 primarily operates through its alignment of sunsetting dates for several legislative instruments under the Legislative Instruments Act 2003 (LIA). Section 4 of the declaration repeals specific instruments related to hearing services administration on 1 October 2019 (subsection 51A(1)). These repealed instruments include the Hearing Service Providers Accreditation Scheme 1997, Hearing Services (Eligible Persons) Determination 1997, Hearing Services (Participants in the Voucher System) Determination 1997, Hearing Services Rules of Conduct 2012, and Hearing Services Voucher Rules 1997. The repeal of these instruments is intended to facilitate a comprehensive review and to ensure consistency in the legislative framework governing hearing services. The Act imposes certain obligations on the Attorney-General and other relevant parties. For instance, the Attorney-General must be satisfied that the statutory conditions outlined in section 51A of the LIA are met before making the declaration. This includes verifying that the instruments in question would otherwise be subject to sunsetting, that they are part of a single review process, and that the declaration will aid in the effective implementation of the review findings. Furthermore, the Attorney-General must consider the general obligation to consult under section 17 of the LIA and determine whether further consultation is necessary based on the specific circumstances outlined in section 18 of the LIA. Breaches or non-compliance with the provisions of the declaration could lead to civil or criminal consequences, although the specific offences, penalties, or consequences are not explicitly detailed in the text. The declaration itself, however, is subject to disallowance provisions outlined in the LIA, which allows for parliamentary scrutiny and potential invalidation of the declaration if deemed necessary. The maximum penalties for such breaches would depend on the specific legislative instruments and the nature of the non-compliance.

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.