EXPLANATORY STATEMENT

 

Commonwealth of Australia

 

Issued by the authority of the Minister for Mental Health and Ageing

 

Hearing Services Administration Act 1997

 

Hearing Services Rules of Conduct 2012

 

Subsection 17(1) of the Hearing Services Administration Act 1997 (the Act) requires the Minister to formulate written rules of conduct about the provision of hearing services to voucher-holders. 

 

These rules of conduct outline the requirements and standards that contracted service providers must adhere to when providing services to voucher-holders under the voucher system of the Australian Government Hearing Services Program.  They also establish the qualification requirements for practitioners that contracted service providers can use to deliver clinical hearing services to voucher-holders. 

 

Compliance with the rules of conduct is a condition of accreditation and a condition of engagement for contracted service providers (sections 18 and 20 of the Act).

 

Decisions made under the rules of conduct are subject to reconsideration by the Minister and review by the Administrative Appeals Tribunal (Part 5 of the Act).

 

The Hearing Services Rules of Conduct 2012 (the 2012 Rules) are made under section 17 of the Act and are a legislative instrument for the purposes of the Legislative Instruments Act 2003.  

 

The 2012 Rules revoke and remake the Hearing Services Rules of Conduct 2005 (the 2005 Rules) to:

• emphasise the obligations that apply to contracted service providers;
• reduce government regulation by increasing reliance on industry and professional standards;
• consolidate requirements concerning specific issues into appropriate documents; and

• simplify and clarify drafting to enhance administration and compliance.

 

The major changes in the 2012 Rules are outlined below.

 

Provider Requirements and Standards Changes

The substance of most provisions about contracted service providers has not changed.  Provisions have been redrafted to provide more clarity about contracted service provider obligations when providing hearing services to voucher-holders.  The structure of the rules has changed to include an additional part that provides a more logical structure to the instrument.

 

Practitioner Qualification and Registration Changes

Removal of the Approved Professional Body concept

At the inception of the voucher system in 1997 the hearing services industry was largely unregulated.  Consequently, an intensive regulation regime for registration of practitioners was established that relies on comprehensive monitoring of provisional practitioners and ongoing dialogue with industry stakeholders. 

 

The hearing services industry has matured since the inception of the voucher system and there are now three professional bodies that provide support to practitioners, regulate industry qualifications, supervise continuing professional development and mandate minimum standards of practice for their members.  The professional bodies are best placed to set and monitor practitioner qualifications, standards and continuing professional development requirements that are responsive to the needs of the hearing services industry and consumers.

 

Therefore, the 2012 Rules will remove the approved professional body concept and introduce the practitioner professional body concept.  The 2012 Rules recognise specified membership categories of practitioner professional bodies for the purposes of determining the practitioners who can provide hearing services under the voucher system. 

 

Practitioner professional bodies are not unions and do not advocate on behalf of their members in relation to work conditions.  They are professional peak bodies in the allied health field that:

• promote and advance the audiometry and / or audiology professions;
• set minimum qualification and standards requirements;
• maintain a program of continuing professional development; and
• promote ethical conduct in the practice of these professions.

 

Required membership of an approved membership category

The 2012 Rules will require contracted service providers to ensure that clinical services are provided to voucher-holders by practitioners in approved membership categories.  This requirement reframes the rules relating to practitioners to focus on qualification requirements and is consistent with the removal of the approved professional body concept.  Categories of membership have been listed in Schedule 1 to maintain consistency of qualification levels and standards for practitioners under the voucher system.

Student audiometrists 

The requirements to be met by student audiometrists completing their qualification are set by their registered training organisation or education provider, including minimum supervision requirements.  The requirements for student audiometrists contained in the 2005 Rules created confusion for students completing their qualification as they often conflicted with the requirements of their training / education provider and / or their practitioner professional body.

 

Consequently, student audiometrists will no longer be registered under the voucher system.  Instead, contracted service providers are required to ensure that any hearing services provided to voucher-holders by student audiometrists are directly supervised by a qualified practitioner.  This policy is consistent with the treatment of student audiologists under the voucher system.

 

CONSULTATION

Consultation has occurred with the hearing sector, including contracted service providers, industry professional and peak bodies, and the consumer peak body, through a number of mechanisms: 

 

·         Face to face consultations were held in all mainland state capitals between June and August 2011. Proposed changes to the Hearing Services Rules of Conduct 2005, along with other documentation, were discussed with attendees. A summary of the outcomes of these consultations, along with a copy of the materials presented, such as power-point presentations, was made available online and service providers and other stakeholders were invited to provide feedback.  Input gathered through this process was used to inform the development of an exposure draft of the Hearing Services Rules of Conduct 2012.

·         An exposure draft of the Hearing Services Rules of Conduct 2012 was made available online on 24 February 2012, inviting comment from service providers and other stakeholders by 30 March. Members of the Hearing Services Consultative Committee, which includes representation from service providers, consumers, professional bodies and research bodies, were also invited to provide comment.  

 

Written feedback on the draft Rules was received from industry groups, professional groups, individual practitioners and service providers (representing a significant proportion of the voucher market).  Specific changes requested by stakeholders were incorporated into the Hearing Services Rules of Conduct 2012 unless there was a good reason not to.  In addition, in response to concerns that the regulatory framework for the program was overly prescriptive, the 2012 Rules were further amended to reduce regulation where possible.

 

NOTES ON RULES

 

Part 1  Preliminary

 

1          Name of Rules

This rule states that the name of the rules is the Hearing Services Rules of Conduct 2012.

 

2          Commencement

This rule provides that the rules commence on 1 July 2012.

 

3          Repeal

This rule repeals the Hearing Services Rules of Conduct 2005.

 

4          Interpretation

This rule provides definitions of terms used in the rules and guidance on other matters about interpretation. 

 

Subrule (1) contains definitions of terms used in the rules.  It contains references to the following documents:

• Hearing Services Administration Act 1997, available from www.comlaw.gov.au;
• Declared Hearing Services Determination 1997, available from www.comlaw.gov.au; and
• Hearing Rehabilitation Outcomes for Voucher-Holders, in the form issued by the Office of Hearing Services on 30 June 2012, available from www.health.gov.au/hear.

 

Subrules (2) and (3) explain how part-time engagements and leave entitlements affect interpretation of the rules.

 

Subrule (4) clarifies that, when a rule refers to the provision of hearing services to voucher-holders, it is referring to provision of those services under the voucher system.  For example, subrule 9(3) requires the contracted service provider to ensure that voucher-holders who receive hearing services receive information about a complaints procedure.  This applies where the hearing services are provided to voucher-holders under the voucher system and not, for example, where a person who is a voucher-holder chooses to acquire other hearing services from the contracted service provider as a separate arrangement (eg where referred by a medical practitioner for monitoring of a medical condition).

 

Part 2  Rules about contracted service providers

 

5          Personnel

This rule states that a contracted service provider may arrange for someone else to perform a duty or exercise a function it has under the rules.  However, this is subject to the rules (eg rule 24 limits which service provider personnel can provide hearing services to voucher-holders) and the service provider contract (eg service provider contracts contain provisions regarding subcontracting).  A contracted service provider is responsible for ensuring that any duties performed or functions exercised under the rules by service provider personnel or any other person on behalf of the contracted service provider are performed or exercised in accordance with the rules.  A contracted service provider must ensure its service provider personnel comply with the rules and is responsible for any act or omission of any of those personnel.  Contracted service providers are required to make all relevant service provider personnel aware of service provider advice and information provided by the Office of Hearing Services as soon as practicable.

 

6          Responsibility for services to voucher-holders

This rule states that a contracted service provider is responsible for services provided to voucher-holders by its service provider personnel.  The rule specifies when a contracted service provider may authorise or allow a person to provide hearing services to a voucher-holder as a qualified practitioner, act as a supervisor, or submit a person’s qualified practitioner number on claims for payment.

 

7          Records

This rule sets out the record keeping requirements for contracted service providers, including keeping records in respect of voucher-holders to whom it provides hearing services, information that must be included in records, standards of record keeping, and storage of and access to records.

 

8          Advertising

This rule sets out the requirements for contracted service providers publishing advertisements in connection with the provision of hearing services to voucher-holders or which refer to devices or services available under the voucher system.  For example, contracted service providers must not publish advertisements that:

• are misleading or deceptive; or
• suggest that devices are provided free by the contracted service provider rather than by the Australian Government.

 

9          Complaints

Contracted service providers are required by this rule to cooperate with inquiries by the Minister or the Office of Hearing Services about any complaint, to establish a complaints procedure for managing complaints from voucher-holders and to take reasonable steps to resolve complaints about hearing services provided under the voucher system.

 

Voucher-holders may also utilise the Office of Hearing Services complaints procedure. Information on how to complain to the Office of Hearing Services will be included on a client’s rights and responsibilities poster that contracted service providers will be required to display from July 2012.

 

10        Breaches to be reported

This rule requires a contracted service provider to inform the Office of Hearing Services of any breach or suspected breach of the rules or the Privacy Act 1988.  Eligible hearing service providers are subject to the Privacy Act 1988.

 

11        Power to require information

This rule authorises the Minister by written notice to require a contracted service provider to give the Minister a certified copy of documents the contracted service provider has which relate to the provision of hearing services to voucher-holders.  The Minister can require the documents for the purpose of confirming compliance with the rules.  Contracted service providers are required to provide information requested under this rule within 10 business days.

 

Part 3  Rules about providing hearing services

 

12        Voucher-holders relocating between contracted service providers

Voucher-holders may attend the contracted service provider of their choice and may change between contracted service providers at any time.  This rule specifies the requirements for the transfer of a voucher-holder’s records between the contracted service providers when the voucher-holder changes contracted service providers.  Importantly, the old and new providers require the voucher-holder's written authority.

 

13        Hearing services not to be refused to voucher-holders

A contracted service provider is required to provide hearing services to a voucher-holder if the voucher-holder or the Office of Hearing Services provides a valid voucher or Letter of Authority for those services unless certain conditions are met, including having reasonable grounds for refusing or failing to provide services and providing an opportunity for the voucher-holder to respond and rectify the reason for refusal. Refusal of service to a voucher-holder because he or she lodged a complaint about the service provider with the Office of Hearing Services would not be considered reasonable grounds. Refusal of services to a voucher-holder who physically threatened service provider personnel would be considered reasonable grounds.

 

The rule also states that a contracted service provider must not refuse services to a voucher-holder on the ground that the voucher-holder will not enter into an arrangement for a top-up device.

 

14        Complex clients

Complex clients are eligible to receive specialist hearing services from Australian Hearing under the Community Service Obligations (CSO) component of the Australian Government Hearing Services Program.  Contracted service providers are to refer complex clients to Australian Hearing, unless the client decides not to receive specialist services from Australian Hearing.

 

If a contracted service provider knows or reasonably believes that a client is a voucher-holder and a complex client, it must notify the Office of Hearing Services that a complex client is requesting hearing services.  The contracted service provider must explain to the person the services available to complex clients from Australian Hearing and must not provide further hearing services until the contracted service provider receives advice from the person that he or she has decided not to receive specialist services from Australian Hearing.  To allow the voucher-holder time to receive information on services for complex clients from the Office of Hearing Services, and to consider his or her options, a contracted service provider may not contact the voucher-holder until 14 days after it has provided the explanation.  Contracted service providers are required to keep a copy of the notice to the Office of Hearing Services and evidence of the advice from the voucher-holder in their records. 

 

Australian Hearing is the government hearing services provider that delivers specialist hearing services available under the CSO component of the Australian Government Hearing Services Program.  Australian Hearing may also be a contracted service provider subject to the rules. Accordingly, Australian Hearing only needs to notify the Office of Hearing Services if a complex client requests services and is not required by the rules to provide the person an explanation, wait to provide services and keep records.  Australian Hearing has obligations in relation to complex clients under the CSO separately from the voucher system and the rules. 

 

15        Hearing devices to be supplied

This rule requires contracted service providers not to fit a device which is not available to the voucher-holder under his or her voucher, unless approved by the Minister. A list of approved hearing devices is available at www.health.gov.au/hear.

 

16        Choice of hearing device

A contracted service provider who determines that a voucher-holder requires a hearing device must provide the voucher-holder with a choice from a range of types and styles of approved hearing devices which are available to the voucher-holder free of charge under the voucher system and are appropriate to meet the voucher-holder’s audiological needs. 

 

A telecoil detects electronic signals representing sounds and converts them to sound signals in the ear.  This process reduces interference from unwanted background noise and is used, for example, in theatres and with telephones and public address systems. 

If a contracted service provider determines that a voucher-holder would benefit from a telecoil, this rule requires the contracted service provider to provide a device which is or can be fitted with a telecoil and, if necessary, provide the telecoil at no cost to the voucher-holder or the Commonwealth, unless the voucher-holder makes an informed decision that he or she does not need a telecoil.  The contracted service provider must keep written evidence of the informed decision in its records. 

 

17        Top-up devices

Voucher-holders that require a hearing device are able to be fitted with a device that will meet their hearing rehabilitation needs free of charge.  There are also a range of hearing devices, known as top-up devices, that a voucher-holder may choose to be fitted with that have additional features above and beyond those required to meet the voucher-holder’s audiological needs.  A voucher-holder may be required to pay a charge to be fitted with a top-up device.

 

This rule sets out requirements that a contracted service provider must meet when offering a voucher-holder a top-up device, including:

• not encouraging a voucher-holder to select a top-up device where a device available free of charge would reasonably meet the voucher-holder's hearing rehabilitation needs;
• providing a written quote to a voucher-holder for the purchase of a top-up device that includes the full price, model and style of the device and information on maintenance and repair costs; and
• retaining a signed copy of the quote in the contracted service provider's records.

 

The contracted service provider may charge the voucher-holder the price agreed between the voucher-holder and the contracted service provider for the top-up device and the price agreed between the voucher-holder and the contracted service provider for additional maintenance and repairs.  In both cases, the price agreed must be in accordance with the quote signed by the voucher-holder.  The Commonwealth contributes to the cost of the top-up device to the value that would have been paid had the voucher-holder selected a suitable free-to-client device.

 

The Minister may require the contracted service provider to refund to a voucher-holder all charges incurred by the voucher-holder in connection with a top-up device if the contracted service provider fails to comply with this rule and the voucher-holder chooses a top-up device as a consequence of that failure.

 

 

18        Ongoing follow-up assistance

Contracted service providers are required to provide or arrange provision of any ongoing follow-up assistance that is required by a voucher-holder who has received hearing services from them.  If a voucher-holder has been fitted with a hearing device under the voucher system this ongoing follow-up assistance must be provided for a period of 12 months free of charge.  The rule defines ongoing follow up assistance for the purpose of the rules.

 

19        Professional standards

This rule lists standards with which the contracted service provider must comply in providing hearing services to voucher-holders.  For example:

• exercising reasonable care for the voucher-holder's safety;
• exercising professional judgement and professional behaviour; and
• providing hearing services in accordance with the Outcomes document. 

 

20        Voucher-holder information

This rule sets out the obligation of contracted service providers to provide information to voucher-holders about services available to them free of charge under the voucher-system.

 

21        Referral of certain non-routine clinical findings

If a contracted service provider identifies a voucher-holder as a non-routine client, the contracted service provider must ensure the voucher-holder is assessed by a qualified practitioner (audiologist) or medical practitioner, and follow the advice.  The Outcomes document explains who is a non-routine client.

 

As audiometrists and audiologists receive different levels of training the referral of non-routine clinical findings for audiological or medical advice is an important safeguard to ensure all voucher-holders' rehabilitation needs are addressed.

 

22        Not to discriminate against voucher-holders

This rule prohibits a contracted service provider from discriminating against a voucher-holder because of any of the listed characteristics, including the voucher-holder’s participation in the voucher system.  A contracted service provider discriminates against a voucher-holder if it treats the voucher-holder less favourably than it treats or would treat a person who is not a voucher-holder or a person who does not have the relevant characteristic.  Treatment that is reasonable in the circumstances is not discriminatory.

 

Part 4  Rules about qualifications

 

23        Types of practitioner

This rule defines types of practitioners that can provide hearing services to voucher-holders (other than Hearing Device Maintenance or Rehabilitation Plus Group Services).

 

The types of practitioners are:

• qualified practitioner (audiologist);
• qualified practitioner (audiometrist);
• provisional audiologist; and
• provisional audiometrist.

 

Under the main provisions in subrules (1), (3), (5) and (7), a person is a qualified practitioner (audiologist), qualified practitioner (audiometrist), provisional audiologist or provisional audiometrist if he or she is in an approved membership category for that type of practitioner.   Approved membership categories are listed in Schedule 1 to the rules, and are categories of membership of a practitioner professional body.

 

Under transitional provisions in subrules (2), (4), (6) and (8), a person is also a qualified practitioner (audiologist), qualified practitioner (audiometrist), provisional audiologist or provisional audiometrist if he or she was approved or registered as that type of practitioner under the 2005 Rules, even though he or she was not in an approved membership category at the commencement of the rules.  These transitional provisions only apply until the person joins an approved membership category.  This is because at this point he or she will, under the main provisions, become a qualified practitioner (audiologist), qualified practitioner (audiometrist), provisional audiologist or provisional audiometrist, depending on the approved membership category. 

 

This approach has been taken so that practitioners approved or registered under the 2005 Rules can continue to provide hearing services to voucher-holders without needing to join a practitioner professional body.  However, new practitioners will need to join a practitioner professional body in order to provide hearing services to voucher-holders.  New practitioners and practitioners approved or registered under the 2005 Rules who are in, or who join, a practitioner professional body are subject to the same requirements.

 

24        Hearing services to be provided by qualified or supervised practitioners

This rule requires the contracted service provider to ensure personnel providing hearing services to voucher-holders are qualified and meet certain minimum standards.  Different requirements apply depending on whether the person is providing Hearing Device Maintenance, Rehabilitation Plus Group Services or other hearing services.

 

Under subrule (1), contracted service providers are required to ensure that Hearing Device Maintenance and Rehabilitation Plus Group Services that it provides to voucher-holders is conducted by service provider personnel with appropriate skills.

 

Under subrule (2), hearing services (other than Hearing Device Maintenance and Rehabilitation Plus Group Services) can only be provided to voucher-holders by persons who:

• are able to provide hearing services in accordance with the terms of the rules, the Outcomes document and a service provider contract; and
• fall within one of the following categories:
• qualified practitioner (audiologist);
• qualified practitioner (audiometrist);
• provisional audiologist;
• provisional audiometrist; and
• student.

 

Subrules (3) and (4) set out requirements for supervision of provisional audiologists and provisional audiometrists providing hearing services to voucher-holders.  Provisional audiologists must be supervised by a qualified practitioner (audiologist) in accordance with the requirements of the provisional audiologist's practitioner professional body. Provisional audiometrists must be supervised by a qualified practitioner (audiologist) or qualified practitioner (audiometrist) in accordance with the requirements of the provisional audiometrist's practitioner professional body.  The supervision requirements for a provisional audiometrist who is not a member of a practitioner professional body (eg because he or she was registered under the 2005 Rules and has been transitioned to the 2012 Rules under subrule 23(8)) are set out in paragraph 24(4)(b).  An equivalent provision is not required for provisional audiologists. Supervisory arrangements for students are outlined in the definition of students in rule 4.

 

Contracted service providers must also ensure that qualified practitioners, provisional audiologists and provisional audiometrists providing hearing services to voucher-holders undertake specified continuing professional development (subrule (5)).  The continuing provisional development specified is that required by the person's practitioner professional body.  Equivalent continuing professional development is required for personnel who are not members of a practitioner professional body, to ensure consistency.

 

Contracted service providers must also keep records and provide the Office with information about practitioners providing hearing services to voucher-holders on their behalf.  For example:

• contracted service providers must notify the Office within 10 business days if a qualified practitioner, provisional audiologist or provisional audiometrist starts or stops working for them (subrule (6));
• contracted service providers must notify the Office of the name, date of birth, address and approved membership category of personnel providing hearing services to voucher-holders (other than Hearing Device Maintenance and Rehabilitation Plus Group Services) (subrules (7) and (8)); and
• contracted service providers must keep records in relation to personnel who are required to be supervised when providing hearing services to voucher-holders (ie provisional audiologists, provisional audiometrists and students) (subrule (9)).

 

25        Qualified practitioner numbers

The Minister may allocate each person approved as a qualified practitioner a unique number.  A transitional provision has been included so that qualified practitioner numbers allocated under the 2005 Rules can continue to be used. Qualified practitioner numbers are used in the claim payment process.

 

26        Authorisation

This rule permits the Minister to disclose and collect information about qualified practitioners, provisional audiologists and provisional audiometrists when investigating and monitoring compliance with the rules.

 

Information may be disclosed to or collected from a contracted service provider that engages or has engaged the person and any practitioner professional body of which the person is or was a member.

 

Part 5  Miscellaneous

 

27        Information to potential voucher-holders

Under this rule, if a person asks a contracted service provider about hearing services that are available under the voucher system, the contracted service provider must check whether the person is eligible under the voucher system.  If the person indicates he or she might be eligible, the contracted service provider is required to give the person details about the services available free of charge under the voucher system.

 

If the contracted service provider does not ask whether the person is eligible under the voucher system and charges the person incorrectly (ie because the person should have received the service free of charge under the voucher system), the Minister may require the contracted service provider to refund the charges.

 

28        Fees and charges

This rule regulates the fees contracted service providers can charge for hearing services available to participants in the voucher system.

 

Under subrule (1), a contracted service provider must not charge a voucher-holder for any hearing services available under the voucher system.  Exceptions are provided for the following circumstances:

• the voucher-holder has chosen to be fitted with a top-up device;
• approved hearing device replacement fees; and
• annual maintenance payments.

 

Rule 17 explains what contracted service providers can charge in relation to top-up devices. 

 

Subrule (5) specifies the amount that a contracted service provider may charge a voucher-holder for:

• approved hearing device replacement fees – the amount specified is the same as in the 2005 Rules; and
• annual maintenance payments – the amount specified is based on the applicable amount in the 2005 Rules and has been indexed in accordance with the 2005 Rules.

 

Subrule (2) provides that a contracted service provider cannot charge the Commonwealth or the voucher-holder for a voucher system service which is not available to the voucher-holder under his or her voucher.  For example, the contracted service provider cannot charge for a hearing service which has already been provided under the voucher.  Contracted service providers can check whether services have already been provided under a voucher by requesting the client’s records from their previous provider.  If a voucher-holder requires a service which is no longer available under his or her voucher, the contracted service provider can submit a request on the voucher-holder’s behalf to the Office of Hearing Services.

Contracted service providers are required to refund voucher-holders any fees charged in breach of the rules.

 

Contracted service providers are required to provide a receipt to a voucher-holder for any payment and retain copies of receipts. 

 

29        Indexation of annual maintenance fee

This rule prescribes the manner in which the annual maintenance fee is calculated.  The basis of this calculation is the All Groups Consumer Price Index published by the Australian Statistician.

 

Schedule 1      Approved membership categories

This schedule sets out the approved membership categories for the purposes of  determining whether a person is qualified to provide hearing services to voucher-holders.

 

Statement of Compatibility with Human Rights

Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011

 

Hearing Services Rules of Conduct 2012

This Legislative Instrument is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.

 

Overview of the Legislative Instrument

The Hearing Services Rules of Conduct 2012 outline the requirements and standards  that contracted service providers must adhere to when providing services to voucher-holders under the voucher system of the Australian Government Hearing Services  Program (the Program).  They also establish the qualification requirements for  practitioners that contracted service providers can use to deliver clinical hearing services to voucher holders.

Human rights implications

The legislative instrument engages the following human rights:

Right to Health

The Rules establish requirements and standards for service delivery to voucher-holders of the Program.  Voucher-holders will generally have some degree of hearing impairment. 

Article 12(1) of the International Covenant on Economic, Social and Cultural Rights guarantees access to a system of health protection which provides equality of opportunity for people to enjoy the highest attainable level of health. 

Part 3 of the Rules establish rules about providing hearing services to voucher-holders under the Program.  These rules advance the right to health by encouraging service delivery to people with a hearing impairment, including:

·         limiting the capacity for a contracted service provider to refuse to provide hearing services to a voucher-holder;

·         requiring contracted service providers to inform voucher-holders of the hearing services available to them; and

·         prohibiting contracted service providers from discriminating against a voucher-holder on a number of grounds, including their status as a voucher-holder.

Rights of People with Disability

The Convention on the Rights of Persons with Disabilities establishes rights that are particular to people with disability.  Article 26 requires countries to organise and strengthen rehabilitation programs for people with disability. 

The Rules advance the rights of people with disability by facilitating voucher-holders access to a range of free hearing rehabilitation services, including, if required, hearing aids and other assistive listening devices to assist them to take part and be included in the community.

Right to freedom of association

Article 22 of the International Covenant on Civil and Political Rights provides a right to freedom of association that protects the right of all persons to group together voluntarily for a common goal and to form and join an association.  This right may be limited under article 22(2) for reasons of protecting national security, public safety, order, health, morals or the rights and freedoms of others.

The 2012 Rules engages the right to freedom of association in that it requires practitioners providing clinical hearing services to voucher-holders to be in an approved membership category of a practitioner professional body.

Practitioner professional bodies are not unions and do not advocate on behalf of their members in relation to work conditions. Rather they act more like a registration board, setting minimum qualification requirements, clinical competencies, continuing professional development requirements, and promoting ethical conduct. The requirement for a practitioner to be in an approved membership category of a practitioner professional body seeks to protect public health and safety by ensuring that practitioners have the necessary qualifications and experience to provide clinical services to voucher-holders.

The requirement in the 2012 Rules for practitioners providing clinical services to voucher holders to be in an approved membership category of a practitioner professional body is reasonable, necessary and proportionate to ensure the protection of public health and safety.

Conclusion

The Legislative Instrument is compatible with human rights because it advances the protection of human rights and to the extent that it may limit human rights, those limitations are reasonable, necessary and proportionate.

 

 

Mark Butler, Minister for Mental Health and Ageing