Declared Hearing Services Amendment Determination 2011 (No. 1)
Australian Hearing Services Act 1991
I, MARK BUTLER, Minister for Mental Health and Ageing, make this determination under subsections 8 (4), (5), (6), (7) and (8) of the Australian Hearing Services Act 1991.
Dated 17 November 2011
 
MARK BUTLER
Minister for Mental Health and Ageing
 
1              Name of Determination
                This Determination is the Declared Hearing Services Amendment Determination 2011 (No. 1).
2              Commencement
                This Determination commences on 1 January 2012.
3              Amendment of Declared Hearing Services Determination 1997
                The Declared Hearing Services Determination 1997 is amended as set out in Schedule 1, and any other item in Schedule 1 has effect according to its terms.
Schedule 1        Amendments
 
  
[1]           Subsection 3(1) (definition of CDEP Program)
Omit "Department of Employment and Workplace Relations", substitute "Department of Families, Housing, Community Services and Indigenous Affairs".
[2]           Subsection 3(1) (definition of parent)
After "young Australian" (wherever occurring), insert "or young adult".
[3]           Subsection 3(1) (definition of profound hearing loss)
Repeal the definition, substitute:
profound hearing loss, in relation to a person, means a hearing loss where the average hearing threshold level for 0.5, 1 and 2 kilohertz (kHz) in the person’s better ear is greater than, or equal to, 80 decibels.
[4]           Subsection 3(1)
Insert:
young adult means a person in the class of designated persons specified in paragraph 12 (e).
[5]           At the end of section 3
Add:
         (4)   A reference in Schedule 1 to any hearing service does not include services which test for, treat and rehabilitate individuals who have Central Auditory Processing Disorder.
Note  Central Auditory Processing Disorder is a deficit in the information processing of audible signals not attributed to impaired peripheral hearing sensitivity or intellectual impairment. This information processing involves perceptual, cognitive, and linguistic functions.
[6]           Section 4
Repeal the section, substitute:
4              Class 1 — Young Australians and young adults
         (1)   The hearing services specified in Part 1 of Schedule 1 are declared hearing services for the application of paragraph 8 (1) (aa) of the Act to young Australians generally.
         (2)   The hearing services specified in Part 1 of Schedule 1 are declared hearing services for the application of paragraph 8 (1) (ad) of the Act to the class of designated persons specified in paragraph 12 (e).
[7]           Paragraph 8(2)(a)
Repeal the paragraph, substitute:
                (a)    in the case of a person who turns 26 and, immediately before turning 26, was a young adult — the person turns 26; or
[8]           Section 8 (note)
Repeal the note, substitute:
Note   Paragraph (2) (a) refers to a person who ceases to be a member of class 1 (for class 1, see s 4); paragraph (2) (b) refers to a person who ceases to be a member of class 7 (for class 7, see s 10).
[9]           Section 9
Repeal the section.
[10]         Section 11 (note)
Repeal the note, substitute:
Note   Sections 4 to 11 declare hearing services for classes of persons. Class 1 is declared under subsections 8 (4) and (8) of the Act, classes 2 and 3 under subsection 8 (5) of the Act, class 4 under subsection 8 (6) of the Act and classes 5, 7 and 8 under subsection 8 (8) of the Act.  There is no class 6.
 [11]        Subparagraph 12(a)(i)
Repeal the subparagraph, substitute:
                          (i)    has turned 26 and, immediately before turning 26, was a young adult; or
[12]         Paragraph 12(b)
Repeal the paragraph.
[13]         Subparagraph 12(d)(i)
Omit "21", substitute "26".
[14]         Sub-subparagraph 12(d)(v)(B)
Omit "Program.", substitute "Program;"
[15]         At the end of section 12 (before the note)
Add:
                (e)    persons, each of whom is:
                          (i)    an Australian citizen who has turned 21 and who is under 26 years of age; or
                         (ii)    an Australian permanent resident who has turned 21 and who is under 26 years of age.
[16]         Section 12A
Omit "2012", substitute "2015".
[17]         Schedule 1 (note to Schedule heading)
Repeal the note, substitute:
Note 1   In this Schedule, a reference to the provision of a hearing device includes, in some instances, replacement of a hearing device; see subsection 3 (2).
Note 2  In this Schedule, a reference to any hearing service does not include services which test for, treat and rehabilitate individuals who have Central Auditory Processing Disorder; see subsection 3 (4).
[18]         Part 1 of Schedule 1 (heading)
Repeal the heading, substitute:
Part 1          Young Australians and young adults
(section 4)
[19]         Part 5 of Schedule 1
Omit "in his or her capacity as an eligible person under the Act, if the maintenance is requested by the person during the period of 5 years from the date when he or she ceased to be an eligible person under the Act", substitute "under paragraph 8(1)(aa) or (ad) of the Act".
[20]         At the end of Part 5 of Schedule 1
Add:
Note   Hearing services specified in Part 5 are declared hearing services in relation to a person for 5 years after the person ceases to be a member of class 1 or class 7.
[21]         Part 6 of Schedule 1
Repeal the Part.