Commonwealth Numbered Regulations - Explanatory Statements

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HEARING SERVICES REGULATIONS (AMENDMENT) 1997 NO. 333

EXPLANATORY STATEMENT

STATUTORY RULES 1997 No. 333

Issued by authority of the Minister for Health and Family Services

Australian Hearing Services Act 1991

Hearing Services Regulations (Amendment)

The Australian Hearing Services Act 1991 (the Act) establishes the Australian Hearing Services 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 Hearing Services Regulations to:

(i)       take account of a determination of the Remuneration Tribunal for remuneration and allowances to appointees to the Board;.

(ii)       prescribe a new schedule of charges for certain services provided by Australian Hearing Services ; and

(iii)       adopt terms and definitions of the Australian Hearing Services Act 1991 as amended by the Hearing Services and AGHS Reform Act 1997.

Changes to the schedule of charges at this time take account of increases in service costs since the regulations were first made six years ago and define services in terms more relevant to current demands.

Crucial terms amended by the regulations include the definition of those who are eligible to receive government funded hearing services from Australian Hearing Services ('client' and 'person').

Regulation 2 - changes the name of the Hearing Services Regulations to the Australian Hearing Services Regulations.

Details of the Regulations are set out below.

Regulation 3 - omits or amends definitions to make the Hearing Services Regulations consistent with the terms used in the Australian Hearing Services Act 1991 as amended by the Hearing Services and AGHS Reform Act 1997.

Regulation 4 - omits former Regulation 3A (Remuneration and allowances of appointed members of the Board). These matters are now covered by a determination of the Remuneration Tribunal, in accordance with section 27 of the Australian Hearing Services Act 1991.

Regulations 5 and 6 - amend terms to ensure that the Hearing Services Regulations are consistent with the Australian Hearing Services Act 1991 as amended by the Hearing Services and AGHS Reform Act 1997.

Regulation 7 - introduces a new Regulation 6 for charges payable for defined services. The description of services and maximum level of charges are prescribed in the proposed Schedule. This Regulation substitutes for matters covered by former Regulations 7-10.

Regulation 8 - omits former Regulation 7 (covered by new Regulation 6) and substitutes a Regulation identifying liability for charges incurred.

Regulation 9 - omits former Regulations 8-11 (covered by new Regulation 6) and omits Regulation 12 (Repeal of the Acoustic Laboratories Regulations) which has become redundant.

Regulation 10 - omits the former Schedule of charges and substitutes a Schedule containing interpretation and charges for services associated with the new Regulation 6.

The Regulations commenced on gazettal.


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