Commonwealth Numbered Regulations - Explanatory Statements

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HEARING SERVICES REGULATIONS 1992 NO. 188

EXPLANATORY STATEMENT

STATUTORY RULES 1992 No. 188

Issued by the authority of the Minister for Aged, Family and Health Services

HEARING SERVICES ACT 1991

Hearing Services Regulations

The Hearing Services Act 1991 (the Act) received Royal Assent on 20 November 1991 and comes into effect on 1 July 1992. This Act will replace existing legislation [paragraphs 9A(1)(a) and (aa) of the National Health Act 1953 and the Acoustic Laboratories Act 1948] and henceforth will be the statutory authority for the supply by the Commonwealth of hearing aids and services to eligible people.

Section 77 of the Act provides that the Governor-General may make regulations for the purposes of the Act. These include prescribing terms and conditions under which hearing products and hearing services are provided by the Australian Hearing Services Authority (the AHS Authority), and terms and conditions under which the services of the acoustic laboratories of the AHS Authority may be made available. Subsection 80(2) of the Act allows for regulations to repeal the whole or part of the Acoustic Laboratories Regulations.

The Regulations replace, with minor amendments (detailed below), relevant regulations under existing legislation - Part 8A of the National Health Regulations and the Acoustic Laboratories Regulations. Separate regulations amended the National Health Regulations (NH Regulations) by omitting Part 8A.

Details of the Regulations are as follows.

Regulation 3 interprets a number of terms used in the regulations such as "government agency" and "hearing aid service".

Regulations 4-6 set the terms for an annual charge of $25 to be levied on clients of the AHS Authority ($20 for clients where more than one member of a household receives services) for specified hearing aid services, and provide for refunds of charges.

Subregulation 5(2) provides a lesser charge of $20 for spouses who both receive hearing aid services from the AHS Authority.

Subregulation 5(3) extends eligibility for the lesser charge of $20 to clients under 21 years of age who are also dependent children or siblings of another AHS Authority client.

Regulations 7-10 provide for a range of charges to be levied on agencies for the provision of specified services (audiometric testing, the calibration of equipment, noise consultancy services, and the use of identified special purpose rooms and equipment of acoustic laboratories of the AHS Authority). These regulations replace the existing Acoustic Laboratories Regulations, amended to provide for increased levels of charges payable (as set out in the attached table) for the various services, and to exempt the AHS Authority from the need to pay itself a charge for certain services that it requires for its own purposes.

Regulation 12 repeals the Acoustic Laboratory Regulations.

The Regulations commence on 1 July 1992.

TABLE

Proposed changes to the level of charges levied by the AHS Authority for specific services.

Service/
Facility

Audiometric
Testing
Room charges
Instrument use
Hearing
Protector
Testing

Instrument
Calibration


Noise
consultancy
services

       
















Current
charge($)

75/hr

16-120/hr
14 or 27/hr
4725 for up
To four


60/hour
plus item
specific
charges
Not
previously
available

        
















Proposed
charge($)

81/hr

17-126/hr
15 or 28/hr
4725 for the
First;
Additional
@ 472
60/hour



88/hour


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