WARNING:
This Digest was prepared for debate. It reflects the legislation as
introduced and does not canvass subsequent amendments. This Digest
does not have any official legal status. Other sources should be
consulted to determine the subsequent official status of the
Bill.
CONTENTS
Hearing Services and AGHS Reform Bill 1997
Date Introduced: 5 February 1997
House: House of Representatives
Portfolio: Health and Family Services
Commencement: As specified on the 'Main
Provisions' section of this Digest
The major amendments proposed by the Bill:
- remove the eligibility of seniors health card holders for
hearing services;
- lower the age limit for people receiving hearing services from
21 to 18 years of age; and
- corporatise the Australian Government Health Service.
The reader is referred to the Digest for the Hearing Services
Administration Bill 1997.
Corporatisation
Part 2 of the Bill deals with the
corporatisation of the Australian Government Health Service (AGHS).
The proposed corporate structure for the activities of the AGHS is
called the nominated company.
Clause 5 provides that the Minister may declare
that a specified company is the 'nominated company'. That company
must be incorporated under the Corporations Law and have a share
capital.
Clauses 10-12 provide for the transfer to the
nominated company of AGHS assets, contractual rights and
obligations and liabilities.
Clause 20 provides for the nominated company to
be exempt from stamp duty and other taxes under State or Territory
law as long as it is Commonwealth owned and carries on activities
within the legislative powers of the Parliament.
Clause 22 provides for the payment of just
compensation by the Commonwealth where the operation of this Part
would result in the acquisition of property other than on just
terms. Where the Commonwealth and the affected person cannot agree
on the amount of compensation payable, the person may institute
proceedings in the Federal Court for recovery from the Commonwealth
of such compensation as the court determines.
Commencement: Royal Assent (clause
2).
Amendments to the Hearing Services Act 1991
Part 1 Schedule 1
Item 1 of Part 1 of Schedule 1 of the Bill
substitutes a new paragraph 5(1)(a) in the Hearing Services Act
1991 (the Principal Act) the effect of which is to provide
that a person who holds a Pensioner Concession Card, Health
Benefits Card, or Repatriation Health Card is an eligible person
for hearing services.
Note: Paragraph 5(1)(a) of the Principal Act currently
provides that a person who holds a Pensioner Concession Card,
Health Benefits Card or a Personal Treatment Entitlement Card is an
eligible person for hearing services.
Item 3 of Part 1 of Schedule 1 of the Bill
repeals paragraphs 5(1)(ac) and (ad). These paragraphs currently
provide that a holder of a seniors health card is an eligible
person for hearing services.
The effect of item 5 of Part 1 of Schedule 1 of
the Bill is to lower the age limit for people receiving hearing
services from 21 to 18 years of age.
Commencement: Royal Assent (clause
2).
Part 2 of Schedule 1
Section 8 of the Principal Act sets out the functions of
Australian Hearing Services (AHS). It is a function of AHS under
paragraph 8(1)(a) of the Principal Act that it provide hearing
services to eligible persons. New paragraphs 8(1)(a)-(ad) are being
substituted in the Principal Act by item 24 of Part 2 of
Schedule 1 to make it a function of AHS to:
- provide hearing services to voucher holders under the proposed
Hearing Services Administration Act 1997;
- provide declared hearing services to Australian children (see
item 29 below for the meaning of 'declared hearing
services');
- provide declared hearing services to referred Comcare
clients;
- provide declared hearing services to referred Commonwealth
employees; and
- provide declared hearing services to designated persons.
A new paragraph 8(1)(g) is being substituted in the Principal by
item 27 of Part 2 of Schedule 1 which makes it a
function of AHS to develop standards in relation to noise levels in
the community in connection with the prevention of hearing
loss.
Note: Paragraph 8(1)(g) of the Principal Act currently
makes it a function of AHS to develop standards in relation to
hearing products, the provision of hearing services and noise
levels in the community in connection with the prevention of
hearing loss.
Item 29 of Part 2 of Schedule 1 provides the
Minister, subject to disallowance by Parliament, with power to
determine that a specified hearing service is a 'declared hearing
service' for each of the groups listed in item 24
(see above).
A new section 16A is inserted in the Principal Act by
item 37 of Part 2 of Schedule 1 which provides the
Minister with the power to dismiss all of the Directors of AHS if
he or she believes the performance of the Board has been
unsatisfactory for a significant time. The same power of
termination is proposed in respect of an appointed Director and
Managing Director under items 59 and 71 of Part 2 of
Schedule 1.
Note: Neither the Explanatory Memorandum or Second
Reading Speech to the Bill define the term 'unsatisfactory'.
Proposed subsection 62(1A), which is inserted in the Principal
Act by item 80 of Part 2 of Schedule 1, allows the
AHS to charge for hearing services in accordance with an agreement
entered into under Part 3 of the proposed Hearing Services
Administration Act 1997. Under Part 3 of that proposed Act,
AHS may be engaged by the Commonwealth as a contracted service
provider to provide hearing services to voucher holders.
Commencement: 1 July 1997 (clause
2).
Amendments to the Privacy Act 1988
The Privacy Act 1988 (the Privacy Act) applies
primarily to the actions of Commonwealth agencies. Item 2
of Schedule 4 of the Bill extends the definition of agency
in the Privacy Act to include the nominated company (see clause 5
of this Bill) or an eligible hearing service provider (see the
Hearing Services Administration Bill 1997). Effectively this brings
these two bodies within the ambit of the Privacy Act.
Item 7 of Schedule 4 extends the definition of
acts and practices of Commonwealth agencies to which the Privacy
Act applies to those of an eligible hearing service providerin
connection with the provision of hearing services under the
proposed Hearing Services Administration Act 1997
Similarly, item 9 of Schedule 4 of the Bill
extends the definition of acts and practices of Commonwealth
agencies to which the Privacy Act applies to those of a Minister in
relation to the affairs, and records of affairs, of an eligible
hearing service provider in connection with the provision of
hearing services.
Commencement: Royal Assent (clause
2).
Ian Ireland
11 March 1997
Bills Digest Service
Information and Research Services
This Digest does not have any official legal status. Other
sources should be consulted to determine whether the Bill has been
enacted and, if so, whether the subsequent Act reflects further
amendments.
IRS staff are available to discuss the paper's contents
with Senators and Members and their staff but not with members of
the public.
ISSN 1323-9031
Commonwealth of Australia 1996
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Published by the Department of the Parliamentary Library,
1997.
This page was prepared by the Parliamentary Library,
Commonwealth of Australia
Last updated: 9 April 1997
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