Commonwealth Consolidated Acts

AUSTRALIAN HEARING SERVICES ACT 1991 - SECT 8

             (1)  The Authority has the following functions:

                     (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;

                     (b)  to carry out research and development (including

                            co-operative research with other institutions) into:

                              (i)  assessment of hearing; and

                             (ii)  hearing aids and procedures for fitting hearing aids; and

                            (iii)  hearing rehabilitation; and

                            (iv)  hearing loss prevention; and

                             (v)  the effects of noise on the community;

                     (c)  to enter into arrangements for research, design and development of hearing services;

                     (d)  to enter into arrangements for supply of hearing services;

                     (e)  to provide, as appropriate, for the training and education of persons or bodies (including overseas bodies) providing hearing services;

                      (f)  to provide advice on, and to conduct public education programs in relation to, hearing services provided by the Authority;

                     (g)  to develop standards in relation to noise levels in the community that are acceptable in connection with the prevention of hearing loss;

                     (h)  to provide consultancy services relating to any of the matters referred to in this subsection;

                      (i)  to promote the establishment of export markets for Australian hearing services;

                      (j)  to operate special acoustic facilities for acoustic measurement and research;

                     (k)  such other functions as are conferred on the Authority by this Act;

                      (l)  any functions incidental to any of the foregoing functions.

             (2)  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:

                     (a)  any of the legislative powers of the Parliament; or

                     (b)  any functions that are conferred, or expressed to be conferred, on the Authority by any law of a State or Territory.

             (3)  The Authority must, so far as is practicable, perform its functions in a manner consistent with any principles, objectives and guidelines formulated under section 5 of the Disability Services Act 1986 .

             (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 13(3) of the Legislative Instruments Act 2003 .

             (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 13(3) of the Legislative Instruments Act 2003 .

             (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 13(3) of the Legislative Instruments Act 2003 .

             (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 13(3) of the Legislative Instruments Act 2003 .

             (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 13(3) of the Legislative Instruments Act 2003 .

             (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 engaged under the Public Service Act 1999 , or a member of the staff of a body that is a Commonwealth authority; 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.