Commonwealth Numbered Regulations - Explanatory Statements

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AUSTRALIAN HEARING SERVICES AMENDMENT REGULATIONS 1999 (NO. 1) 1999 NO. 139

STATUTORY RULES 1999 No. 139

Issued by authority of the Minister for Aged Care

Australian Hearing Services Act 1991

Australian Hearing Services Amendment Regulations 1999 (No. 1)

The Australian Hearing Services Act 1991 ('the Act') establishes Australian Hearing Services ('the Authority') as a statutory authority to provide hearing services.

Section 77 of the Act provides that the Governor General may make regulations for the purposes of the Act. Section 62 provides that the Regulations may provide for charges to be payable to the Authority for the provision of services.

The Regulations amend the Australian Hearing Services Regulations to:

(i)       provide for a hearing aid service charge that does not exceed $30;

(ii)       remove a $5 differential for dependents of clients of the Authority.

(ii)       prescribe a hearing device replacement charge that does not exceed $30 for those over 21 years.

These amendments give effect to policies announced in the 1999-2000 Federal Budget for a revised fee structure for beneficiaries of the Hearing Services Program. Changes include.

*       an increase in the hearing aid service charge (set in 1992) consistent with CPI movement;

*       removal of fee anomalies across different user groups; and

*       a new charge to recover part of the cost of replacement devices. (Statutory declaration used to avoid frivolous claims.)

Item 1 - amends Regulation 1 to change the citation of the Regulations to the Australian Hearing Services Regulations.

Item 2 - amends Regulation 3 to omit definitions of brother and client; terms that are no longer required because of other amendments.

Item 3 - amends Regulation 3 to omit from the definition of hearing aid service a service for the replacement by the Authority of a lost, damaged or obsolete hearing device. This service is the subject of Regulation 4A (Item 8).

Item 4 - amends Regulation 3 by inserting definitions for hearing device and person.

Item 5 - omits from Regulation 3 definitions of sister and spouse; terms that are no longer necessary because of other amendments.

Item 6 - amends Subregulations 4(2) and 4(3) by substituting a hearing aid service charge that must not exceed $30.

Item 7 - amends Subregulation 4(4) by substituting a hearing aid service charge that must not exceed $25 for those under 21 years.

Item 8 - inserts Regulation 4A and provides for a hearing device replacement charge not exceeding $30. This charge applies to persons provided with a replacement hearing device, subject to the individual being 21 years or more and satisfying the Authority on the basis of a statutory declaration that their issued device has been destroyed, lost or damaged beyond repair.

The Regulations commence on 1 July 1999.