1Short title
This Act may be cited as the Australian Hearing Services Act 1991.
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This Act may be cited as the Australian Hearing Services Act 1991.
This Act commences on 1 July 1992.
In this Act, unless the contrary intention appears:
appointed Director means a Director other than the Managing Director.
Australia, when used in a geographical sense, includes Norfolk Island, the Territory of Cocos (Keeling) Islands and the Territory of Christmas Island.
Australian permanent resident means a person in Australia whose presence in Australia is not subject to any limitation as to time imposed by law.
Authority means the authority, known as Australian Hearing Services, established by section 7.
Board means the Board of the Authority.
borrowing includes raising money or obtaining credit, whether by dealing in securities or otherwise, but does not include obtaining credit in a transaction forming part of the day‑to‑day operations of the Authority or a subsidiary of the Authority.
Chairperson means the Chairperson of the Board.
Chief Officer means:
in relation to a Commonwealth, State or Territory authority—the person who has the responsibility of Executive Officer or Chief Executive Officer of the authority, whether the person is a member of the authority or not; and
in relation to any other authority or body—the person who is responsible for the day‑to‑day management of the authority or body.
Director means a member of the Board.
Finance Minister means the Minister who administers the Public Governance, Performance and Accountability Act 2013.
hearing services has the same meaning as in the Hearing Services Administration Act 1997.
Managing Director means the Managing Director of the Authority.
reviewable decision means:
a decision by the Authority refusing to provide hearing services to a person under paragraph 8(1)(aa), (ab), (ac) or (ad); or
a decision by the Authority to impose a charge on a person (including a decision, or a refusal to make a decision, under subsection 62(2)) in respect of the provision of services by the Authority under paragraph 8(1)(aa), (ab), (ac) or (ad);
but does not include a decision as to the treatment that a person should receive for a hearing impairment.
special purpose Director means a Director appointed under paragraph 15(1)(d).
staff means the staff of the Authority.
trust money means money received and held by the Authority on trust.
voucher‑holder has the same meaning as in the Hearing Services Administration Act 1997.
The question whether a company is a subsidiary of the Authority is to be determined in the same way as the question whether a corporation is a subsidiary of another corporation is determined for the purposes of the Corporations Act 2001.
This Act binds the Crown in each of its capacities.
This Act extends to Norfolk Island.
Chapter 2 of the Criminal Code applies to all offences against this Act.
Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.
An authority, to be known as Australian Hearing Services, is established.
The Authority:
is a body corporate with perpetual succession; and
must have a common seal; and
may sue and be sued in its corporate name.
The Public Governance, Performance and Accountability Act 2013 applies to the Authority. That Act deals with matters relating to corporate Commonwealth entities, including reporting and the use and management of public resources.
All courts, judges and persons acting judicially are to take judicial notice of the imprint of the Authority’s common seal appearing on a document and are to presume that the document was duly sealed.
The Authority has the following functions:
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;
to provide declared hearing services to young Australians;
to provide declared hearing services to referred Comcare clients;
to provide declared hearing services to referred Commonwealth employees;
to provide declared hearing services to designated persons;
to carry out research and development (including
co‑operative research with other institutions) into:
assessment of hearing; and
hearing aids and procedures for fitting hearing aids; and
hearing rehabilitation; and
hearing loss prevention; and
the effects of noise on the community;
to enter into arrangements for research, design and development of hearing services;
to enter into arrangements for supply of hearing services;
to provide, as appropriate, for the training and education of persons or bodies (including overseas bodies) providing hearing services;
to provide advice on, and to conduct public education programs in relation to, hearing services provided by the Authority;
to develop standards in relation to noise levels in the community that are acceptable in connection with the prevention of hearing loss;
to provide consultancy services relating to any of the matters referred to in this subsection;
to promote the establishment of export markets for Australian hearing services;
to operate special acoustic facilities for acoustic measurement and research;
such other functions as are conferred on the Authority by this Act;
any functions incidental to any of the foregoing functions.
The Authority may perform its functions only so far as they are not in excess of the functions that may be conferred on it by virtue of:
any of the legislative powers of the Parliament; or
any functions that are conferred, or expressed to be conferred, on the Authority by any law of a State or Territory.
The Authority must, so far as is practicable, perform its functions in a manner consistent with the objects of the Disability Services and Inclusion Act 2023 and the principles set out in section 4 of that Act.
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:
young Australians generally; or
specified young Australians.
The determination has effect accordingly.
For specification by class, see subsection 13(3) of the Legislation Act 2003.
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:
referred Comcare clients generally; or
specified referred Comcare clients.
The determination has effect accordingly.
For specification by class, see subsection 13(3) of the Legislation Act 2003.
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:
referred Commonwealth employees generally; or
specified referred Commonwealth employees.
The determination has effect accordingly.
For specification by class, see subsection 13(3) of the Legislation Act 2003.
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.
For specification by class, see subsection 13(3) of the Legislation Act 2003.
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:
designated persons generally; or
specified designated persons.
The determination has effect accordingly.
For specification by class, see subsection 13(3) of the Legislation Act 2003.
A determination under subsection (4), (5), (6), (7) or (8) is a legislative instrument.
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:
who is engaged under the Public Service Act 1999, or a member of the staff of a body that is a Commonwealth authority; and
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:
Australian citizens under 21 years of age; or
Australian permanent residents under 21 years of age.
The Authority has power to do all things necessary or convenient to be done in connection with the performance of its functions and, in particular, may:
enter into contracts; and
appoint agents and attorneys and act as agent for other persons; and
accept gifts, grants, bequests and devises made to it; and
acquire, hold and dispose of real or personal property; and
join in the formation of companies; and
enter into partnerships; and
let or hire plant, machinery, equipment or goods of the Authority not immediately required by the Authority; and
do anything incidental to any of the powers specified in this section or otherwise conferred on the Authority.
In administering this Act, due regard must be had to:
the limited resources available to provide services and programs under this Act; and
the need to consider equity and merit in accessing those resources.
The Minister may give written directions to the Authority as to the performance of its functions and the exercise of its powers.
The Authority must comply with any directions given under subsection (1).
The Minister must cause a copy of each direction given under subsection (1):
to be published in the Gazette as soon as practicable after giving the direction; and
to be laid before each House of the Parliament within 15 sitting days of that House after giving the direction.
This section does not affect the application, in relation to the Authority, of section 22 of the Public Governance, Performance and Accountability Act 2013 (which deals with the application of government policy to corporate Commonwealth entities).
There is to be a Board of the Authority.
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