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Determinations/Health as made
This Determination amends the Declared Hearing Services Determination 1997 to implement a 2011-2012 Budget commitment to extend eligibility under the Community Services Obligation for hearing rehabilitation and hearing devices to young adults up to their 26th birthday.
Administered by: Health
Registered 24 Nov 2011
Tabling HistoryDate
Tabled HR07-Feb-2012
Tabled Senate07-Feb-2012
Date of repeal 19 Mar 2014
Repealed by Health (Spent and Redundant Instruments) Repeal Regulation 2014

Declared Hearing Services Amendment Determination 2011 (No. 1)

Australian Hearing Services Act 1991

I, MARK BUTLER, Minister for Mental Health and Ageing, make this determination under subsections 8 (4), (5), (6), (7) and (8) of the Australian Hearing Services Act 1991.

Dated 17 November 2011

 

MARK BUTLER

 


1              Name of Determination

                This Determination is the Declared Hearing Services Amendment Determination 2011 (No. 1).

2              Commencement

                This Determination commences on 1 January 2012.

3              Amendment of Declared Hearing Services Determination 1997

                The Declared Hearing Services Determination 1997 is amended as set out in Schedule 1, and any other item in Schedule 1 has effect according to its terms.

Schedule 1        Amendments

 

  

[1]           Subsection 3(1) (definition of CDEP Program)

Omit "Department of Employment and Workplace Relations", substitute "Department of Families, Housing, Community Services and Indigenous Affairs".

[2]           Subsection 3(1) (definition of parent)

After "young Australian" (wherever occurring), insert "or young adult".

[3]           Subsection 3(1) (definition of profound hearing loss)

Repeal the definition, substitute:

profound hearing loss, in relation to a person, means a hearing loss where the average hearing threshold level for 0.5, 1 and 2 kilohertz (kHz) in the person’s better ear is greater than, or equal to, 80 decibels.

[4]           Subsection 3(1)

Insert:

young adult means a person in the class of designated persons specified in paragraph 12 (e).

[5]           At the end of section 3

Add:

         (4)   A reference in Schedule 1 to any hearing service does not include services which test for, treat and rehabilitate individuals who have Central Auditory Processing Disorder.

Note  Central Auditory Processing Disorder is a deficit in the information processing of audible signals not attributed to impaired peripheral hearing sensitivity or intellectual impairment. This information processing involves perceptual, cognitive, and linguistic functions.

[6]           Section 4

Repeal the section, substitute:

4              Class 1 — Young Australians and young adults

         (1)   The hearing services specified in Part 1 of Schedule 1 are declared hearing services for the application of paragraph 8 (1) (aa) of the Act to young Australians generally.

         (2)   The hearing services specified in Part 1 of Schedule 1 are declared hearing services for the application of paragraph 8 (1) (ad) of the Act to the class of designated persons specified in paragraph 12 (e).

[7]           Paragraph 8(2)(a)

Repeal the paragraph, substitute:

                (a)    in the case of a person who turns 26 and, immediately before turning 26, was a young adult — the person turns 26; or

[8]           Section 8 (note)

Repeal the note, substitute:

Note   Paragraph (2) (a) refers to a person who ceases to be a member of class 1 (for class 1, see s 4); paragraph (2) (b) refers to a person who ceases to be a member of class 7 (for class 7, see s 10).

[9]           Section 9

Repeal the section.

[10]         Section 11 (note)

Repeal the note, substitute:

Note   Sections 4 to 11 declare hearing services for classes of persons. Class 1 is declared under subsections 8 (4) and (8) of the Act, classes 2 and 3 under subsection 8 (5) of the Act, class 4 under subsection 8 (6) of the Act and classes 5, 7 and 8 under subsection 8 (8) of the Act.  There is no class 6.

 [11]        Subparagraph 12(a)(i)

Repeal the subparagraph, substitute:

                          (i)    has turned 26 and, immediately before turning 26, was a young adult; or

[12]         Paragraph 12(b)

Repeal the paragraph.

[13]         Subparagraph 12(d)(i)

Omit "21", substitute "26".

[14]         Sub-subparagraph 12(d)(v)(B)

Omit "Program.", substitute "Program;"

[15]         At the end of section 12 (before the note)

Add:

                (e)    persons, each of whom is:

                          (i)    an Australian citizen who has turned 21 and who is under 26 years of age; or

                         (ii)    an Australian permanent resident who has turned 21 and who is under 26 years of age.

[16]         Section 12A

Omit "2012", substitute "2015".

[17]         Schedule 1 (note to Schedule heading)

Repeal the note, substitute:

Note 1   In this Schedule, a reference to the provision of a hearing device includes, in some instances, replacement of a hearing device; see subsection 3 (2).

Note 2  In this Schedule, a reference to any hearing service does not include services which test for, treat and rehabilitate individuals who have Central Auditory Processing Disorder; see subsection 3 (4).

[18]         Part 1 of Schedule 1 (heading)

Repeal the heading, substitute:

Part 1          Young Australians and young adults

(section 4)

[19]         Part 5 of Schedule 1

Omit "in his or her capacity as an eligible person under the Act, if the maintenance is requested by the person during the period of 5 years from the date when he or she ceased to be an eligible person under the Act", substitute "under paragraph 8(1)(aa) or (ad) of the Act".

[20]         At the end of Part 5 of Schedule 1

Add:

Note   Hearing services specified in Part 5 are declared hearing services in relation to a person for 5 years after the person ceases to be a member of class 1 or class 7.

[21]         Part 6 of Schedule 1

Repeal the Part.