Commonwealth Numbered Acts

HEARING SERVICES AND AGHS REFORM ACT 1997 No. 82 of 1997 - SCHEDULE 1

Schedule 1-Amendment of the Hearing Services Act 1991
Hearing Services Act 1991
PART 1-AMENDMENTS COMMENCING ON ROYAL ASSENT 1 Paragraph 5(1)(a) Repeal the
paragraph, substitute:

   (a)  a person who holds a card issued by the Commonwealth and known as a
        Pensioner Concession Card; or

   (aa) a person who:

        (i)    holds a card issued by the Commonwealth and known as a Health
               Benefits Card; and

        (ii)   holds that card because the person is in receipt of sickness
               allowance under the Social Security Act 1991; or

   (aaa) a person who holds a card issued by the Commonwealth and known as a
        Repatriation Health Card, where the card is expressed to be issued for
        all conditions; or 2 Paragraph 5(1)(ab) Omit "Specific Treatment
        Entitlement Card", substitute "Repatriation Health Card, where the
        card is expressed to be issued for specific conditions". 3 Paragraph
        5(1)(b) After "(a)", insert ", (aa), (aaa)". 4 Paragraph 5(1)(e) Omit
        "Commission for the Safety, Rehabilitation and Compensation of
        Commonwealth Employees", substitute "Safety, Rehabilitation and
        Compensation Commission". 5 Paragraph 5(1)(e) Omit "
        Commonwealth Employees' Rehabilitation and Compensation Act  1988 ",
        substitute " Safety, Rehabilitation and Compensation Act 1988".
PART 2-AMENDMENTS COMMENCING ON 1 JULY 1997 6 Section 1 Before "Hearing",
insert "Australian". 7 Section 3 Repeal the section. 8 Subsection 4(1)
(definition of appointed member) Repeal the definition, substitute: appointed
Director means a Director other than the Managing Director. 9 Subsection 4(1)
Insert: Director means a member of the Board. 10 Subsection 4(1) (definition
of eligible person) Repeal the definition. 11 Subsection 4(1) (definition of
General Manager) Repeal the definition. 12 Subsection 4(1) (definition of
hearing products) Repeal the definition. 13 Subsection 4(1) (definition of
hearing services) Repeal the definition, substitute: hearing services has the
same meaning as in the Hearing Services  Administration Act 1997 . 14
Subsection 4(1) Insert: Managing Director means the Managing Director of the
Authority. 15 Subsection 4(1) (definition of member) Repeal the definition. 16
Subsection 4(1) (paragraph (a) of the definition of reviewable decision) After
"person", insert "under paragraph 8(1)(aa), (ab), (ac) or (ad)". 17 At the end
of subsection 4(1) (paragraph (b) of the definition of reviewable decision)
Add "under paragraph 8(1)(aa), (ab), (ac) or (ad)". 18 Subsection 4(1)
(definition of special purpose member) Repeal the definition, substitute:
special purpose Director means a Director appointed under paragraph 15(1)(d).
19 Subsection 4(1) Insert: voucher-holder has the same meaning as in the
Hearing Services  Administration Act 1997 . 20 Subsection 4(3) Repeal the
subsection. 21 Section 5 Repeal the section. 22 Paragraph 8(1)(a) Repeal the
paragraph, substitute:

   (a)  to provide hearing services to voucher-holders in accordance with an
        agreement entered into by the Authority under Part 3 of the
        Hearing Services Administration Act 1997;

   (aa) to provide declared hearing services to young Australians;

   (ab) to provide declared hearing services to referred Comcare clients;

   (ac) to provide declared hearing services to referred Commonwealth
        employees;

   (ad) to provide declared hearing services to designated persons; 23
        Paragraph 8(1)(c) Omit "hearing products and". 24 Paragraph 8(1)(d)
        Omit "hearing products and". 25 Paragraph 8(1)(g) Repeal the
        paragraph, substitute:

   (g)  to develop standards in relation to noise levels in the community that
        are acceptable in connection with the prevention of hearing loss; 26
        Paragraph 8(1)(i) Omit "hearing products and". 27 At the end of
        section 8 Add:

(4) The Minister may, by writing, determine that a specified hearing service
is a declared hearing service for the purposes of the application of paragraph
(1)(aa) to:

   (a)  young Australians generally; or

   (b)  specified young Australians. The determination has effect accordingly.
        Note: For specification by class, see subsection 46(2) of the Acts 
        Interpretation Act 1901 .

(5) The Minister may, by writing, determine that a specified hearing service
is a declared hearing service for the purposes of the application of paragraph
(1)(ab) to:

   (a)  referred Comcare clients generally; or

   (b)  specified referred Comcare clients. The determination has effect
        accordingly. Note: For specification by class, see subsection 46(2) of
        the Acts  Interpretation Act 1901 .

(6) The Minister may, by writing, determine that a specified hearing service
is a declared hearing service for the purposes of the application of paragraph
(1)(ac) to:

   (a)  referred Commonwealth employees generally; or

   (b)  specified referred Commonwealth employees. The determination has
        effect accordingly. Note: For specification by class, see
        subsection 46(2) of the Acts  Interpretation Act 1901 .

(7) The Minister may, by writing, determine that a specified person is a
designated person for the purposes of paragraph (1)(ad). The determination has
effect accordingly. Note: For specification by class, see subsection 46(2) of
the Acts  Interpretation Act 1901 .

(8) The Minister may, by writing, determine that a specified hearing service
is a declared hearing service for the purposes of the application of paragraph
(1)(ad) to:

   (a)  designated persons generally; or

   (b)  specified designated persons. The determination has effect
        accordingly. Note: For specification by class, see subsection 46(2) of
        the Acts  Interpretation Act 1901 .

(9) A determination under subsection (4), (5), (6), (7) or (8) is a
disallowable instrument for the purposes of section 46A of the Acts 
Interpretation Act 1901 .

(10) In this section: designated person has the meaning given by subsection
(7). referred Comcare client means a person who the Safety, Rehabilitation and
Compensation Commission has, in the performance of its functions or the
exercise of its powers under the Safety, Rehabilitation and  Compensation Act
1988 , referred to the Authority for medical treatment (within the meaning of
that Act). referred Commonwealth employee means a person:

   (a)  who is an officer or employee, within the meaning of the Public
        Service Act 1922, or a member of the staff of a body that is a
        Commonwealth authority within the meaning of that Act; and

   (b)  who is referred to the Authority by the Commonwealth for purposes
        relating to a medical examination of the person by the Commonwealth in
        connection with the person's employment. young Australians means:

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

   (b)  Australian permanent residents under 21 years of age. 28 After
        paragraph 9(a) Insert:

   (aa) appoint agents and attorneys and act as agent for other persons; and

   (ab) accept gifts, grants, bequests and devises made to it; and 29 After
        section 9 Insert: 9A General criteria for administration of this Act
In administering this Act, due regard must be had to:

   (a)  the limited resources available to provide services and programs under
        this Act; and

   (b)  the need to consider equity and merit in accessing those resources. 30
        Section 11 Repeal the section. 31 Paragraph 15(1)(b) Omit "General
        Manager", substitute "Managing Director". 32 Subsection 16(1) Omit
        "members", substitute "Directors". Note: The heading to section 16 of
        the Hearing Services Act 1991 is altered by omitting "members" and
        substituting "Directors". 33 Subsection 16(2) Omit "member",
        substitute "Director". 34 Subsection 16(3) Omit "member" (wherever
        occurring), substitute "Director". 35 After section 16 Insert: 16A
        Termination of appointment of Directors for underperformance
The Minister must terminate the appointment of all of the Directors if the
Minister is of the opinion that the performance of the Board has been
unsatisfactory for a significant period of time. 36 Paragraph 17(3)(b) Omit
"members", substitute "Directors". 37 Subsection 18(2) Omit "members",
substitute "Directors". 38 Section 19 Omit "members", substitute "Directors".
39 Paragraph 20(a) Omit "members", substitute "Directors". 40 Paragraph 20(b)
Omit "member", substitute "Director". 41 Section 21 Omit "member" (wherever
occurring), substitute "Director". 42 Section 22 Omit "members" (wherever
occurring), substitute "Directors". 43 Subsection 22(3) Omit "member"
(wherever occurring), substitute "Director". 44 Section 24 Omit "member"
(wherever occurring), substitute "Director". 45 Subsection 24(1) Omit
"member's", substitute "Director's". 46 Division 3 of Part 3 (heading) Repeal
the heading, substitute:
Division 3-Provisions relating to appointed Directors 47 Section 25 Omit
"member" (wherever occurring), substitute "Director". 48 Section 26 Omit
"member", substitute "Director". 49 Subsection 27(1) Omit "members",
substitute "Directors". 50 Subsection 27(2) Omit "member", substitute
"Director". 51 Subsection 28(2) Omit "member", substitute "Director". 52
Section 29 Omit "member" (wherever occurring), substitute "Director". 53
Section 30 Omit "member", substitute "Director". 54 Section 30 Omit
"member's", substitute "Director's". 55 Section 31 Omit "member's" (wherever
occurring), substitute "Director's". 56 Subsection 31(2) Omit "member",
substitute "Director". 57 At the end of section 31 Add:

(3) The Minister must terminate the appointment of an appointed Director if
the Minister is of the opinion that the performance of the Director has been
unsatisfactory for a significant period of time. 58 Section 32 Omit "member"
(wherever occurring), substitute "Director". 59 Subsection 34(1) Omit "members
of the Board" (wherever occurring), substitute "Directors". 60 Subsection
34(2) Omit "member of the Board", substitute "Director". 61 Part 5 (heading)
Repeal the heading, substitute:
PART 5-MANAGING DIRECTOR, STAFF AND CONSULTANTS 62 Section 41 Omit "General
Manager" (wherever occurring), substitute "Managing Director". Note 1: The
heading to section 41 of the Hearing Services Act 1991 is altered by omitting
"General Manager" and substituting "Managing Director". Note 2: This item
alters the name of an office. Section 25B of the Acts Interpretation Act 1901
provides that the office continues in existence under the new name so that its
identity is not affected. 63 Section 42 Omit "General Manager" (wherever
occurring), substitute "Managing Director". Note: The heading to section 42 of
the Hearing Services Act 1991 is altered by omitting "General Manager" and
substituting "Managing Director". 64 Section 43 Omit "General Manager",
substitute "Managing Director". Note: The heading to section 43 of the
Hearing Services Act 1991 is altered by omitting "General Manager" and
substituting "Managing Director". 65 Section 44 Omit "General Manager",
substitute "Managing Director". Note: The heading to section 44 of the
Hearing Services Act 1991 is altered by omitting "General Manager" and
substituting "Managing Director". 66 Section 45 Omit "General Manager",
substitute "Managing Director". 67 Section 46 Omit "General Manager's"
(wherever occurring), substitute "Managing Director's". 68 Subsection 46(2)
Omit "General Manager", substitute "Managing Director". 69 At the end of
section 46 Add:

(3) The Minister must terminate the appointment of the Managing Director if
the Minister is of the opinion that the performance of the Managing Director
has been unsatisfactory for a significant period of time. 70 Section 47 Omit
"General Manager", substitute "Managing Director". 71 Section 48 Omit "General
Manager" (wherever occurring), substitute "Managing Director". Note: The
heading to section 48 of the Hearing Services Act 1991 is altered by omitting
"General Manager" and substituting "Managing Director". 72 Subsections 49(1)
and (2) Repeal the subsections, substitute:

(1) The Managing Director may, on behalf of the Authority, engage such
employees as are necessary for the performance of the Authority's functions.

(2) The terms and conditions of employment of persons engaged under subsection
(1) are as determined by the Board in writing. 73 Subsection 49(3) Omit
"General Manager", substitute "Managing Director". 74 Subsection 51(1) Repeal
the subsection, substitute:

(1) There is payable to the Authority such money as is from time to time
appropriated by the Parliament:

   (a)  for the purposes of the Authority; or

   (b)  for the purposes of the performance by the Authority of a specified
        function of the Authority. 75 At the end of section 51 Add:

(3) If money is appropriated by the Parliament for the purposes of the
performance by the Authority of a specified function of the Authority, the
money is to be applied only for the purposes of the performance of that
function. 76 Subsection 53(3) Repeal the subsection. 77 Paragraph 62(1)(a)
After "Authority", insert "otherwise than in accordance with an agreement
entered into by the Authority under Part 3 of the Hearing  Services
Administration Act 1997 ". 78 After subsection 62(1) Insert:

(1A) The Authority may charge for the provision of hearing services by the
Authority in accordance with an agreement entered into by the Authority under
Part 3 of the Hearing Services Administration Act  1997 . This subsection has
effect subject to that Act. 79 After section 63 Insert: 63A Payment of amounts
to the Commonwealth

(1) The Minister may give the Authority a written direction requiring the
Authority to pay a specified amount to the Commonwealth before a specified
time.

(2) A direction under subsection (1) must not be inconsistent with
subsection 8(2).

(3) The Authority must comply with a direction under subsection (1). 80
Subsection 64(1) Omit "General Manager", substitute "Managing Director". 81
Section 65 Omit "General Manager" (wherever occurring), substitute "Managing
Director". 82 Section 67 Omit "member of the Authority" (wherever occurring),
substitute "Director". 83 Section 67 Omit "such a member" (wherever
occurring), substitute "such a Director, member". 84 At the end of subsection
67(2) Add "or the Hearing Services Administration Act 1997". 85 Subsection
67(5) After "must not", insert ", under subsection (4),". 86 After subsection
67(8) Insert:

(8A) Despite subsection (1), information relating to a person may be disclosed
if the person consents to the disclosure.

(8B) Despite subsection (1), information may be disclosed:

   (a)  to the Minister, to the Secretary to the Department, or to any other
        officer of the Department, for the purposes of the administration of
        the Hearing Services Administration Act 1997; or

   (b)  to the chief executive officer (however described) of a body, or to a
        member of the staff of a body, for the purposes of the performance of
        any functions, or the exercise of any powers, conferred on the body by
        section 21 of the Hearing Services Administration Act  1997 .

(8C) A person (the first person) to whom information is disclosed under
paragraph (8B)(a) or (b) must not, directly or indirectly, except for the
purposes referred to in that paragraph, disclose the information to any person
while the first person is, or after the first person ceases to be, a person of
a kind mentioned in that paragraph. 87 Subsections 67(9) and (10) Repeal the
subsections, substitute:

(9) Nothing in this section limits the generality of anything else in it. 88
Paragraph 69(c) Omit "General Manager", substitute "Managing Director". 89
Section 70 Omit "member of the Board", substitute "Director". 90 Paragraph
77(2)(a) Omit "hearing products and". 91 Paragraph 77(2)(a) After "Authority",
insert "otherwise than in accordance with an agreement entered into by the
Authority under Part 3 of the Hearing  Services Administration Act 1997 ". 92
Transitional-Authority may continue to provide hearing services to eligible
persons for up to 6 months (1) The Minister may, by writing, determine that,
despite the eligible person amendments made by this Schedule, the
Hearing Services Act 1991 continues to apply, until the specified time, in
relation to the provision by the Authority of hearing services to specified
eligible persons in specified circumstances, as if those amendments had not
been made. Note: For specification by class, see subsection 46(2) of the Acts 
Interpretation Act 1901 . (2) The time specified in the determination must not
be later than 31 December 1997. (3) A determination under subitem (1) is a
disallowable instrument for the purposes of section 46A of the
Acts Interpretation Act 1901. (4) In this item: eligible person amendments
means:

   (a)  the repeal of the definitions of eligible person, hearing products and
        hearing services set out in subsection 4(1) of the
        Hearing Services Act 1991; and

   (b)  the repeal of subsection 4(3) of that Act; and

   (c)  the repeal of section 5 of that Act; and

   (d)  the repeal of paragraph 8(1)(a) of that Act. 93 Transitional-amendment
        of section 24 of the Hearing Services Act  1991  The amendments of
        section 24 of the Hearing Services Act 1991 made by this Schedule have
        no effect if that section is repealed on or before 1 July 1997. 94
        Transitional-transfer of certain Authority liabilities to the
        Commonwealth (1) This item applies to a liability of the Authority
        that was incurred before 1 July 1997 under an arrangement under
        paragraph 8(1)(d) of the Hearing Services Act 1991. (2) The Minister
        may, by writing, make any or all of the following declarations:

   (a)  a declaration that a specified liability ceases to be a liability of
        the Authority and becomes a liability of the Commonwealth at the
        beginning of 1 July 1997;

   (b)  a declaration that a specified instrument relating to a specified
        liability continues to have effect after the liability becomes a
        liability of the Commonwealth as if a reference in the instrument to
        the Authority were a reference to the Commonwealth;

   (c)  a declaration that the Commonwealth becomes the Authority's successor
        in law in relation to a specified liability immediately after the
        liability becomes a liability of the Commonwealth. Note: A liability
        or instrument may be specified by name, by inclusion in a specified
        class or in any other way. (3) A declaration under subitem (2) has
        effect accordingly. (4) A declaration under subitem (2) must not be
        made after 31 December 1997. (5) A copy of a declaration under subitem
        (2) is to be published in the Gazette within 14 days after the making
        of the declaration. (6) If a declaration is in force under subitem
        (2), regulation 3H of the Health Insurance Commission Regulations has
        effect as if:

   (a)  the reference in subregulation 3H(2) of those regulations to Authority
        included a reference to the Commonwealth; and

   (b)  the first reference in subregulation 3H(3) of those regulations to the
        Authority included a reference to the Authority.