National Health Regulations (Amendment) 1991 No. 339
EXPLANATORY STATEMENT
STATUTORY RULES 1991 No. 339
ISSUED BY THE AUTHORITY OF THE MINISTER FOR AGED, FAMILY AND HEALTH SERVICES
National Health Act 1953
National Health Regulations (Amendment)
Section 140 of the National Health Act 1953 (the Act) provides that the Governor-General may make regulations for the purposes of the Act.
Paragraphs 9A(1)(a) and (aa) of the Act enable the Minister to, among other things, arrange for the supply by the Commonwealth of hearing aids and for the repair and maintenance of, and the supply of parts (including batteries) for, hearing aids that are used by persons who require them. Subsection 9A(4) provides for the making of regulations for the supply of such aids.
Part 8 of the National Health Regulations (the Regulations) currently makes provision for the supply of aids and appliances under section 9A of the Act.
The amending Regulations amend the Regulations by inserting a new Part 8A - Conditions with regard to the Supply of Hearing Aids which set an annual charge of $25 to be levied on eligible clients (and $20 for clients were more than one member has a hearing aid) of the National Acoustic Laboratories (NAL) for the provision of the following services:
• the maintenance of hearing aids,
• repairs to hearing aids,
• the replacement of lost, damaged or obsolete aids, and
• the supply of batteries.
Regulation 43A defines 'dependent child', 'hearing aid services', 'hearing aid charge', 'NAL' and 'NAL client', for the purposes of Part 8A of the Regulations.
Regulation 43B requires eligible NAL clients to pay a hearing aid charge at the rate set in proposed regulation 43C for the provision of hearing aid services.
Regulation 43C sets the hearing aid charge of $25 for single eligible NAL clients and $20 for the same service where the spouse is also fitted with a NAL hearing aid.
Regulation 43D provides for the refund of a part of the hearing aid charge where the client dies within a year of payment.
The Regulations take effect from the date of Gazettal.
Overview
The National Health Regulations (Amendment) 1991 No. 339, issued under the authority of the Minister for Aged, Family and Health Services, amend the National Health Regulations to introduce new provisions concerning the supply of hearing aids and associated services. This legislative amendment aims to address the need for a more structured approach to the funding and management of hearing aid services provided by the National Acoustic Laboratories (NAL). The National Health Act 1953, which authorises the making of regulations for the purposes of the Act, is the foundation for these amendments. The policy objective of the Regulations is to ensure that eligible clients contribute towards the costs of hearing aid maintenance, repairs, replacements, and the supply of batteries, thereby providing a sustainable model for the delivery of these essential services.
Scope and Application
The National Health Regulations (Amendment) 1991 No. 339 applies to individuals and entities involved in the supply and maintenance of hearing aids under the National Health Act 1953, specifically targeting eligible clients of the National Acoustic Laboratories (NAL). The amendment introduces an annual charge for services related to the maintenance, repair, replacement, and supply of batteries for hearing aids, with specific rates for single clients and those with a spouse also fitted with a hearing aid. This regulation is applicable across Australia, as it is a Commonwealth regulation under the authority of the Minister for Aged, Family and Health Services. Notably, the regulations do not specify any exclusions or exemptions, implying that all eligible clients within the scope of the National Health Act are subject to the new charges. The amendments extend the application of the National Health Act by introducing financial considerations for hearing aid services, which were previously not part of the legislative framework.
Key Provisions
The National Health Regulations (Amendment) 1991 No. 339 introduces key provisions to the existing National Health Regulations by adding a new Part 8A (regulations 43A to 43D). This new Part sets forth conditions for the supply of hearing aids, including the imposition of a charge for specific services provided to eligible clients of the National Acoustic Laboratories (NAL). The services for which these charges apply include the maintenance of hearing aids, repairs to hearing aids, the replacement of lost, damaged, or obsolete aids, and the supply of batteries. Eligible clients are required to pay a hearing aid charge at the rates specified in regulation 43C. Single eligible NAL clients are charged $25, while a reduced rate of $20 applies when the spouse of the client is also fitted with a NAL hearing aid. Additionally, regulation 43D outlines the conditions under which a refund of part of the hearing aid charge may be granted if the client dies within one year of making the payment.
The obligations imposed by these Regulations on the parties involved primarily concern the payment of the hearing aid charges. Eligible clients of NAL who require the specified services must ensure they pay the applicable charge as stipulated in regulation 43B. Furthermore, NAL is obligated to provide the outlined services to its clients and to adhere to the charging structure as defined in regulation 43C. The Regulations also require NAL to process refunds as per regulation 43D if the client dies within a year of payment.
The National Health Regulations (Amendment) 1991 No. 339 does not explicitly state any offences, penalties, or civil/criminal consequences for breach. However, failure to comply with the obligation to pay the hearing aid charge or to process refunds as required may lead to administrative actions or disputes. While the Regulations do not specify maximum penalties, breaches of payment obligations or failure to provide services as outlined could result in administrative penalties or legal actions under the broader framework of the National Health Act 1953. Such actions may include fines or other corrective measures to ensure compliance with the stipulated provisions.