Commonwealth Numbered Regulations - Explanatory Statements

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NATIONAL HEALTH REGULATIONS (AMENDMENT) 1991 NO. 339

EXPLANATORY STATEMENT

STATUTORY RULES 1991 No. 339

ISSUED BY THE AUTHORITY OF THE MINISTER FOR AGED, FAMILY AND HEALTH SERVICES

National Health Act 1953

National Health Regulations (Amendment)

Section 140 of the National Health Act 1953 (the Act) provides that the Governor-General may make regulations for the purposes of the Act.

Paragraphs 9A(1)(a) and (aa) of the Act enable the Minister to, among other things, arrange for the supply by the Commonwealth of hearing aids and for the repair and maintenance of, and the supply of parts (including batteries) for, hearing aids that are used by persons who require them. Subsection 9A(4) provides for the making of regulations for the supply of such aids.

Part 8 of the National Health Regulations (the Regulations) currently makes provision for the supply of aids and appliances under section 9A of the Act.

The amending Regulations amend the Regulations by inserting a new Part 8A - Conditions with regard to the Supply of Hearing Aids which set an annual charge of $25 to be levied on eligible clients (and $20 for clients were more than one member has a hearing aid) of the National Acoustic Laboratories (NAL) for the provision of the following services:

•       the maintenance of hearing aids,

•       repairs to hearing aids,

•       the replacement of lost, damaged or obsolete aids, and

•       the supply of batteries.

Regulation 43A defines 'dependent child', 'hearing aid services', 'hearing aid charge', 'NAL' and 'NAL client', for the purposes of Part 8A of the Regulations.

Regulation 43B requires eligible NAL clients to pay a hearing aid charge at the rate set in proposed regulation 43C for the provision of hearing aid services.

Regulation 43C sets the hearing aid charge of $25 for single eligible NAL clients and $20 for the same service where the spouse is also fitted with a NAL hearing aid.

Regulation 43D provides for the refund of a part of the hearing aid charge where the client dies within a year of payment.

The Regulations take effect from the date of Gazettal.


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