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Determinations/Other as amended.
Administered by: Health
Registered 31 Jul 2020
Start Date 01 Jul 2020
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Commonwealth Coat of Arms of Australia

Australian Hearing Services (Declared Hearing Services) Determination 2019

made under subsection 8 of the

Australian Hearing Services Act 1991

Compilation No. 1

Compilation date:                              1 July 2020

Includes amendments up to:            F2020L00762

Registered:                                         31 July 2020

 

About this compilation

This compilation

This is a compilation of the Australian Hearing Services (Declared Hearing Services) Determination 2019 that shows the text of the law as amended and in force on 1 July 2020 (the compilation date).

The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.

Uncommenced amendments

The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Legislation Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the series page on the Legislation Register for the compiled law.

Application, saving and transitional provisions for provisions and amendments

If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.

Editorial changes

For more information about any editorial changes made in this compilation, see the endnotes.

Modifications

If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the series page on the Legislation Register for the compiled law.

Self‑repealing provisions

If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.

  

  

  


Contents

1............ Name............................................................................................................................. 1

3............ Authority....................................................................................................................... 1

4............ Definitions..................................................................................................................... 1

6............ Declared hearing services.............................................................................................. 3

7............ Designated persons....................................................................................................... 6

8............ Certain services subject to payment of any applicable charges...................................... 7

9............ Transitional.................................................................................................................... 7

10.......... Transitional.................................................................................................................... 7

Endnotes                                                                                                                                                                 8

Endnote 1—About the endnotes                                                                                                        8

Endnote 2—Abbreviation key                                                                                                            9

Endnote 3—Legislation history                                                                                                       10

Endnote 4—Amendment history                                                                                                     11

 


1  Name

                   This instrument is the Australian Hearing Services (Declared Hearing Services) Determination 2019.

3  Authority

                   This instrument is made under section 8 of the Australian Hearing Services Act 1991.

Note:          Section 8 of the Act sets out the functions of the Authority known as Australian Hearing Services. Under subsection 8(1), the Authority has the function of providing declared hearing services to: young Australians (paragraph (aa)); referred Comcare clients (paragraph (ab)); referred Commonwealth employees (paragraph (ac)); and designated persons (paragraph (ad)). This determination sets out the hearing services that are declared hearing services for the purposes of those paragraphs, under subsections 8(4), (5), (6) and (8) of the Act. This determination also specifies persons who are a designated person for the purposes of paragraph 8(1)(ad), under subsection 8(7) of the Act.

4  Definitions

Note:       The asterisked terms are defined in the definitions section in the Act.

             (1)  In this instrument, unless the contrary intention appears:

Aboriginal person has the meaning given by the Aboriginal and Torres Strait Islander Act 2005.

Act means the Australian Hearing Services Act 1991.

ASGS means the geographical framework known as the Australian Statistical Geography Standard, July 2016 edition, published by the Australian Bureau of Statistics.

Authority* means the authority, known as Australian Hearing Services, established by section 7 of the Act.

CDEP Program means the Community Development Employment Projects Program administered by the Department of Social Services.

CDP means the Community Development Program jointly administered by the Department of the Prime Minister and Cabinet and the Department of Employment, Skills, Small and Family Business.

Comcare means the Safety, Rehabilitation and Compensation Commission.

eligible for specialist hearing services: a person is eligible for specialist hearing services if, and only if, he or she is an eligible person who has:

                     (a)  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; or

                     (b)  hearing loss and communication difficulty that:

                              (i)  prevents the person from communicating effectively in his or her daily environment; or

                             (ii)  is caused or aggravated by significant physical, intellectual, mental, emotional or social disability.

eligible person means a person who, under the Hearing Services Administration Act 1997, is an eligible person.

Modified Monash Model area 6 means all areas in Remoteness Area 4, as determined by the Department using ASGS data, that are not on a populated island that is separated from the mainland and is more than 5 kilometres offshore.

Modified Monash Model area 7 means all areas in Remoteness Area 5, as determined by the Department using ASGS data, that are on a populated island that is separated from the mainland and is more than 5 kilometres offshore.

parent in relation to a young Australian or young adult or young Disability Services Act 1993 (WA) participant, includes a step‑parent, adoptive parent, foster parent or legal guardian of the young Australian or young adult or young Disability Services Act 1993 (WA) participant.

referred Comcare client has the meaning given by subsection 8(10) of the Act.

referred Commonwealth employee has the meaning given by subsection 8(10) of the Act.

RJCP means the Remote Jobs and Communities Program that was in existence prior to 1 July 2015, and was replaced by the CDP.

Torres Strait Islander has the meaning given by the Aboriginal and Torres Strait Islander Act 2005.

young adult means:

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

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

young Australians* means:         

                     (a)  Australian citizens under 21 years of age; or

                     (b)  Australian permanent residents under 21 years of age.

young Disability Services Act 1993 (WA) participant means a person who:

                     (a)  is under 26 years of age; and

                     (b)  is a participant within the meaning of the Disability Services Act 1993 (WA) and has been referred to the Authority in connection with the funding or provision of supports under the participant’s plan under section 26I of that Act.

             (2)  Except as otherwise provided in Classes 6 and 7 in section 6, a reference in section 6 to the provision of a hearing device includes the provision of a replacement hearing device if the replacement is necessary:

                     (a)  on clinical grounds; or

                     (b)  because the device has been:

                              (i)  destroyed; or

                             (ii)  lost, and unlikely to be found; or

                            (iii)  damaged, and cannot be reasonably repaired.

             (3)  A reference in this instrument 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  Declared hearing services

                   The following declared hearing services are specified for persons in each class.

Class

Persons to receive the hearing services

Declared hearing services

1

(1)   Young Australians generally.

(2)   A person who is:

(a)   a young adult;

(b)   a young Disability Services Act 1993 (WA) participant.

1.     Services that are necessary to assess and measure the nature and extent of any hearing loss in the person.

2.     Provision of any hearing device (other than a cochlear implant or a cochlear implant speech processor unit) that is:

(a)    clinically appropriate to the hearing loss, the person’s capacity to benefit from the device and his or her life circumstances; and

(b)    approved by the Authority.

3.     Provision of a replacement cochlear implant speech processor unit.

4.     Services necessary to fit, and monitor the suitability of, a selected hearing device and to achieve the maximum functionality of the device.

5.     Ongoing advice and assistance about rehabilitation to the extent necessary to enable the person to achieve a rehabilitation outcome commensurate with his or her needs, including the provision of advice and support to the person’s parents, teachers and educational establishment on the management and support of the person concerning the hearing impairment.

6.     Provision of necessary repairs, adjustment and maintenance of a hearing device, including the reasonable provision of replacement batteries.

2

Referred Comcare clients generally.

Services that are necessary to assess and measure the nature and extent, and to determine the cause, of any hearing loss in the person.

3

Referred Comcare clients who, under an agreement between the Authority and Comcare, are persons to whom those hearing services are to be made available.

1.      Services that are necessary to assess and measure the nature and extent, and to determine the cause, of any hearing loss in the person.

2.      Provision of any hearing device (other than a cochlear implant or a cochlear implant speech processor unit) that is clinically appropriate to the hearing loss, the person’s capacity to benefit from the device and his or her life circumstances.

3.      Services necessary to fit, and monitor the suitability of, a selected hearing device and to achieve the maximum functionality of the device.

4.      Ongoing advice and assistance about rehabilitation to the extent necessary to enable the person to achieve a rehabilitation outcome commensurate with his or her needs.

5.      Provision of necessary repairs, adjustment and maintenance of a hearing device, including the reasonable provision of replacement batteries, for the first year.

6.      Other clinically necessary hearing services, if agreed between the Authority and Comcare as hearing services to be made available to referred Comcare clients in this Class.

4

Referred Commonwealth employees generally.

Services that are necessary to assess and measure the nature and extent of any hearing loss in the person.

5

A person who:

(a)   has turned 26 and, immediately before turning 26, was a young adult or young Disability Services Act 1993 (WA) participant; or

(b)   has ceased to be a member of Class 6.

Maintenance by the Authority of a hearing device issued to the person under paragraph 8(1)(aa) or (ad) of the Act, but excluding:

(a)           replacement of major electronic components within a hearing device;

(b)           provision of a battery for use in a hearing device;

(c)           replacement by the Authority of a hearing device that is lost or damaged;

for the period of 5 years beginning on the day when:

(a)           in the case of a person who turns 26 and, immediately before turning 26, was a young adult or young Disability Services Act 1993 (WA) participant—the person turns 26; or

(b)           in the case of a person who ceases to be a member of Class 6—the person ceases to be a member of the class.

6

An eligible person who:

(1)   is eligible for specialist hearing services; or

(2)   resides in, and receives his or her hearing services in, a place geographically within Modified Monash Model area 6 or Modified Monash Model area 7.

Note:       In 2019, maps of current Modified Monash Model areas could be viewed at http://www.doctorconnect.gov.au.

1.     Services that are necessary to assess and measure the nature and extent of any hearing loss in the person.

2.     Provision of any hearing device (other than a cochlear implant or a cochlear implant speech processor unit) that is:

(a)   clinically appropriate to the hearing loss, the person’s capacity to benefit from the device and his or her life circumstances; and

(b)   approved by the Authority.

3.     Replacement of a hearing device (other than a cochlear implant or a cochlear implant speech processor unit):

(a) that has been:

(i)            destroyed; or

(ii)           lost, and unlikely to be found; or

(iii)          damaged, and cannot be reasonably repaired; and

(b) if authorised by the Authority in accordance with regulation 4A of the Australian Hearing Services Regulations 1992.

4.     Services necessary to fit, and monitor the suitability of, a selected hearing device and to achieve the maximum functionality of the device.

5.     Ongoing advice and assistance about rehabilitation to the extent necessary to enable the person to achieve a rehabilitation outcome commensurate with his or her needs.

6.     Provision of necessary repairs, adjustment and maintenance of a hearing device, including the reasonable provision of replacement batteries.

7

Aboriginal persons or Torres Strait Islanders who are:

(a)   under 26; or

(b)   over 50; or

(c)   a participant in the CDP; or

(d)   an eligible person; or

(e)   a person who:

(i)      was a participant in the CDEP Program at any time between 1 December 2005 and 30 June 2008; and

(ii)     ceased to be a participant before 30 June 2013; and

(iii)    between ceasing to be a participant and 30 June 2013 had received or was part way through receiving from the Authority one or more of the hearing services specified in Part 8 of Schedule 1 to the Declared Hearing Services Determination 1997; or

(f)  a person who:

(i)      was a participant in the CDEP Program at any time on or after 30 June 2013; and

(ii)     has ceased to be a participant; and

(iii)    before ceasing to be a participant had received or was part way through receiving from the Authority one or more of the hearing services specified in Part 8 of Schedule 1 to the Declared Hearing Services Determination 1997; or

(g)  a person who:

(i)      was a participant in the CDP or RJCP Program at any time on or after 30 June 2013; and

(ii)     has ceased to be a participant; and

(iii)    before ceasing to be a participant had received or was part way through receiving from the Authority one or more of the hearing services specified in Part 8 of Schedule 1 to the Declared Hearing Services Determination 1997.

 

1.     Services that are necessary to assess and measure the nature and extent of any hearing loss in the person.

2.     Provision of any hearing device (other than a cochlear implant or a cochlear implant speech processor unit) that is:

(a)   clinically appropriate to the hearing loss, the person’s capacity to benefit from the device and his or her life circumstances; and

(b)   approved by the Authority.

3.     For an eligible person, replacement of a hearing device (other than a cochlear implant or a cochlear implant speech processor unit):

(a)   that has been:

(i)    destroyed; or

(ii)   lost, and unlikely to be found; or

(iii)  damaged, and cannot be reasonably repaired; and

(b)   if authorised by the Authority in accordance with regulation 4A of the Australian Hearing Services Regulations 2019.

4.     Services necessary to fit, and monitor the suitability of, a selected hearing device and to achieve the maximum functionality of the device.

5.     Ongoing advice and assistance about rehabilitation to the extent necessary to enable the person to achieve a rehabilitation outcome commensurate with his or her needs, including the provision of advice and support to the person’s family and community on the management and support of the person in regard to his or her hearing impairment.

6.     Provision of necessary repairs, adjustment and maintenance of a hearing device, including the reasonable provision of replacement batteries.

7.     Provision of services, training and advice, in a culturally appropriate way, on matters of aural health and hygiene, including services, training and advice for the prevention and treatment of chronic conditions such as otitis media.

8.     Provision of specialised amplification devices to meet the particular needs of certain persons in this class of persons.

7  Designated persons

                   For the purposes of paragraph 8(1)(ad) and subsection (7) of the Act, a person in one of the following classes is a designated person:

                     (a)  Subclass 1(2);

                     (b)  Class 5;

                     (c)  Class 6;

                     (d)  Class 7.

8  Certain services subject to payment of any applicable charges

             (1)  The provision to a person of a service specified in an item mentioned in subsection (2) is subject to payment of the charge, if any, that is payable by the person under the Australian Hearing Services Regulations 1992 for a service of that kind.

             (2)  The items are:

                     (a)  in Class 1—item 6; and

                     (b)  in Class 3—item 5; and

                     (c)  in Class 6—items 3 and 6; and

                     (d)  in Class 7—item 3.

9  Transitional

                   A person who had received services by virtue of being in a class covered by the operation of subparagraph 12(c)(ii) of the Declared Hearing Services Determination 1997 within 2 years before the repeal of that instrument, and who is not in subclass 6(2) of this instrument, is taken to be in class 6 of this instrument.

10  Transitional

A person who was a member of class 5 on 30 June 2020 by virtue of being a young NDIS participant immediately before turning 26, is taken to continue to be in class 5 of this instrument for the period of 5 years beginning on the day the person turned 26.


Endnotes

Endnote 1—About the endnotes

The endnotes provide information about this compilation and the compiled law.

The following endnotes are included in every compilation:

Endnote 1—About the endnotes

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history

Abbreviation key—Endnote 2

The abbreviation key sets out abbreviations that may be used in the endnotes.

Legislation history and amendment history—Endnotes 3 and 4

Amending laws are annotated in the legislation history and amendment history.

The legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.

The amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.

Editorial changes

The Legislation Act 2003 authorises First Parliamentary Counsel to make editorial and presentational changes to a compiled law in preparing a compilation of the law for registration. The changes must not change the effect of the law. Editorial changes take effect from the compilation registration date.

If the compilation includes editorial changes, the endnotes include a brief outline of the changes in general terms. Full details of any changes can be obtained from the Office of Parliamentary Counsel.

Misdescribed amendments

A misdescribed amendment is an amendment that does not accurately describe the amendment to be made. If, despite the misdescription, the amendment can be given effect as intended, the amendment is incorporated into the compiled law and the abbreviation “(md)” added to the details of the amendment included in the amendment history.

If a misdescribed amendment cannot be given effect as intended, the abbreviation “(md not incorp)” is added to the details of the amendment included in the amendment history.

 

Endnote 2—Abbreviation key

 

ad = added or inserted

o = order(s)

am = amended

Ord = Ordinance

amdt = amendment

orig = original

c = clause(s)

par = paragraph(s)/subparagraph(s)

C[x] = Compilation No. x

    /sub‑subparagraph(s)

Ch = Chapter(s)

pres = present

def = definition(s)

prev = previous

Dict = Dictionary

(prev…) = previously

disallowed = disallowed by Parliament

Pt = Part(s)

Div = Division(s)

r = regulation(s)/rule(s)

ed = editorial change

reloc = relocated

exp = expires/expired or ceases/ceased to have

renum = renumbered

    effect

rep = repealed

F = Federal Register of Legislation

rs = repealed and substituted

gaz = gazette

s = section(s)/subsection(s)

LA = Legislation Act 2003

Sch = Schedule(s)

LIA = Legislative Instruments Act 2003

Sdiv = Subdivision(s)

(md) = misdescribed amendment can be given

SLI = Select Legislative Instrument

    effect

SR = Statutory Rules

(md not incorp) = misdescribed amendment

Sub‑Ch = Sub‑Chapter(s)

    cannot be given effect

SubPt = Subpart(s)

mod = modified/modification

underlining = whole or part not

No. = Number(s)

    commenced or to be commenced

 

Endnote 3—Legislation history

 

Name

Registration

Commencement

Application, saving and transitional provisions

Australian Hearing Services (Declared Hearing Services) Determination 2019

10 July 2019 (F2019L00973)

1 Oct 2019 (s 2)

 

Australian Hearing Services (Declared Hearing Services) Amendment Determination 2020

19 June 2020 (F2020L00762)

1 July 2020 (s 2(1) item 1)

 

Endnote 4—Amendment history

 

Provision affected

How affected

s 2.............................................

rep LA s 48D

s 4.............................................

am F2020L00762

s 5.............................................

rep LA s 48C

s 6.............................................

am F2020L00762

s 10...........................................

ad F2020L00762