Commonwealth Numbered Regulations - Explanatory Statements
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AUSTRALIAN HEARING SERVICES AMENDMENT REGULATIONS 2011 (NO. 1) (SLI NO 249 OF 2011)
EXPLANATORY STATEMENT
Select Legislative Instrument 2011 No. 249
Australian Hearing Services Act 1991, section 77
Australian Hearing Services Amendment Regulations 2011 (No. 1)
Section 77 of the Australian Hearing Services Act 1991 (the Act) provides that the Governor-General may make regulations, not inconsistent with the Act, prescribing matters required or permitted by the Act to be prescribed, and prescribing matters necessary or convenient to be prescribed for carrying out or giving effect to the Act.
The Regulations amend the Australian Hearing Services Regulations 1992 (the Principal Regulations) to relax the current age restrictions that apply to hearing aid service charges and hearing aid replacement charges.
Under section 8 of the Act, the functions of Australian Hearing Services are (among other things) to provide hearing services to several categories of eligible persons set out in paragraphs 8(1)(aa)-(ad). These functions are referred to as the 'Community Service Obligation' (CSO) component of the Australian Government's hearing services program, because they provide for various sectors of the community (such as young Australians, Defence Force personnel and certain Comcare clients) to receive low cost hearing services, funded mostly by the Australian Government.
The Regulations give effect to a commitment in the 2011-12 Budget, by extending the CSO component of the hearing services program to young Australians until their 26th birthday. Parallel amendments are to be made to the Declared Hearing Services Determination 1997, administered by the Minister for Health and Ageing, to give effect to this commitment.
The Regulations specify that the hearing aid service charge that currently applies to persons under the age of 21 would instead apply to persons under the age of 26. The Regulations also specify that the hearing aid replacement charge that currently applies to persons aged 21 or above would instead apply to persons aged 26 and above. The effect of the amendments is that persons aged 21 to 25 inclusive will have greater access to the hearing services program.
The Regulations also make a technical amendment to insert a reference to section 62(1) of the Act, to indicate that the charges are imposed under that section of the Act.
The 2011-12 Budget announcement included a range of measures that formed part of the Government Response to the Senate Community Affairs Committee Inquiry into Hearing Health in Australia, conducted in 2009-10. The Inquiry consulted broadly across Australia, held nine public hearings and received 184 public submissions. The issues relating to the inability of CSO clients over the age of 21 to afford the cost of hearing aids was a key concern raised through this consultation process. Appropriate consultation within Government was also undertaken.
Previously, access to CSO services ceased on a client's 21st birthday, but will now cease on a client's 26th birthday. This extension allows eligible hearing impaired young Australians to continue to access hearing service and support while they are studying, training or establishing their careers. This extension ensures hearing impaired young Australians have optimal educational, employment and social inclusion opportunities at a time when they are least likely to have the financial capacity to purchase hearing devices essential to their development.
The Act specifies no conditions that need to be satisfied before the power to make the proposed Regulations may be exercised.
The Regulations are a legislative instrument for the purposes of the Legislative Instruments Act 2003.
The Regulations commence on 1 January 2012.
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