{"id":"F2025L01241","name":"Australian Hearing Services (Declared Hearing Services) Determination 2025","slug":"australian-hearing-services-declared-hearing-services-determination-2025","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":442996,"registerId":"F2025L01241-fast-fetch-1775957914298","compilationNumber":null,"startDate":"2026-04-12","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Australian Hearing Services (Declared Hearing Services) Determination 2025","content":"---\nmeta-content-style-type: text/css\nmeta-content-type: application/xhtml+xml; charset=utf-8\n---\n\n\n\n \n\nAustralian Hearing Services (Declared Hearing Services) Determination 2025\n\nI, Mark Butler, Minister for Health and Ageing, make the following determination.\n\nDated 7 October 2025\n\nMark Butler\n\nMinister for Health and Ageing\n\n \n\n \n\n \n\nContents\n\n1 Name\n\n2 Commencement\n\n3 Authority\n\n4 Definitions\n\n5 Schedules\n\n6 Declared Hearing Services\n\n7 Specified persons\n\n8 Designated persons\n\n9 Certain services subject to payment of any applicable charges\n\nSchedule 1—Repeals\n\nAustralian Hearing Services (Declared Hearing Services) Determination 2019\n\n \n\n \n\n1 Name\n\n This instrument is the Australian Hearing Services (Declared Hearing Services) Determination 2025.\n\n2 Commencement\n\n (1) Each provision of this instrument specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.\n\n \n\n- Commencement information\n- Column 1 Column 2 Column 3\n- Provisions Commencement Date/Details\n- 1. The whole of this instrument To coincide with the commencement of the Remote Australia Employment Service, relevant to section 7 Specified persons. 1 November 2025\n\n\nNote: This table relates only to the provisions of this instrument as originally made. It will not be amended to deal with any later amendments of this instrument.\n\n (2) Any information in column 3 of the table is not part of this instrument. Information may be inserted in this column, or information in it may be edited, in any published version of this instrument.\n\n3 Authority\n\n This instrument is made under section 8 of the Australian Hearing Services Act 1991.\n\nNote: Section 8 of the Act sets out the functions of the Authority known as Australian Hearing Services. Under subsection 8(1), the Authority has the function of providing declared hearing services to: young Australians (paragraph (aa)); referred Comcare clients (paragraph (ab)); referred Commonwealth employees (paragraph (ac)); and designated persons (paragraph (ad)). This determination sets out the hearing services that are declared hearing services for the purposes of those paragraphs, under subsections 8(4), (5), (6) and (8) of the Act. This determination also specifies persons who are a designated person for the purposes of paragraph 8(1)(ad), under subsection 8(7) of the Act. \n\n4 Definitions\n\nNote: Some expressions used in this instrument are defined in the definitions section of the Act, including the following:\n\n1. Authority\n2. Young Australians.\n\n\n (1) In this instrument:\n\nAboriginal person has the meaning given by the Aboriginal and Torres Strait Islander Act 2005.\n\nAct means the Australian Hearing Services Act 1991.\n\nASGS means the geographical framework known as the Australian Statistical Geography Standard, published by the Australian Bureau of Statistics.\n\nCDEP Program means the Community Development Employment Projects Program administered by the Department of Social Services that operated between 1 December 2005 and 30 June 2013.\n\nCDP means the Community Development Program jointly administered by the Department of the Prime Minister and Cabinet and the Department of Employment, Skills, Small and Family Business, and subsequently the National Indigenous Australians Agency, that operated between 1 July 2015 and 31 October 2025 and was replaced by the RAES.\n\nComcare means the Safety, Rehabilitation and Compensation Commission.\n\nDepartment means the Department administered by the Minister administering the Hearing Services Administration Act 1997.\n\neligible for specialist hearing services: a person is eligible for specialist hearing services if, and only if, they are an eligible person who has:\n\n1. 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; or\n2. hearing loss and communication difficulty that:\n\n\n (i) prevents the person from communicating effectively in their daily environment; or\n\n (ii) is caused or aggravated by significant physical, intellectual, mental, emotional or social disability.\n\neligible person means a person who, under the Hearing Services Administration Act 1997, is an eligible person.\n\nModified Monash Model area 6 means all areas in Remoteness Area 4, as determined by the Department using ASGS data, that are not on a populated island that is separated from the mainland and is more than 5 kilometres offshore.\n\nModified Monash Model area 7 means all areas in Remoteness Area 5, as determined by the Department using ASGS data, that are on a populated island that is separated from the mainland and is more than 5 kilometres offshore.\n\nparent in relation to a young Australian, includes a step-parent, adoptive parent, foster parent or legal guardian of the young Australian.\n\nPredecessor program of the RAES means the CDEP Program, CDP or the RJCP.\n\nreferred Comcare client has the meaning given by subsection 8(10) of the Act.\n\nreferred Commonwealth employee has the meaning given by subsection 8(10) of the Act.\n\nRAES means the Remote Australia Employment Service administered by the National Indigenous Australians Agency that will commence operation on 1 November 2025.\n\nRJCP means the Remote Jobs and Communities Program that operated between 1 July 2013 and 30 June 2015, and was replaced by the CDP.\n\nTorres Strait Islander has the meaning given by the Aboriginal and Torres Strait Islander Act 2005.\n\nyoung adult means:\n\n1. an Australian citizen who has turned 21 and who is under 26 years of age; or\n2. an Australian permanent resident who has turned 21 and who is under 26 years of age.\n\n\nyoung Australians means:\n\n1. Australian citizens under 21 years of age; or\n2. Australian permanent residents under 21 years of age.\n\n\n (2) A reference in this instrument to any hearing service does not include services which test for, treat and rehabilitate individuals who have Central Auditory Processing Disorder.\n\nNote: 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.\n\n5 Schedules\n\n Each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.\n\n6 Declared Hearing Services\n\n The below hearing services are declared hearing services. Not all specified persons are entitled to all declared hearing services. The ‘declared hearing services entitlement’ column in the table at section 7 indicates which specified persons are entitled to which declared hearing services.\n\n- Item Sub-item Declared hearing services\n- 1. (a) Services that are necessary to assess and measure the nature and extent of any hearing loss in the person.\n- (b) Services that are necessary to determine the cause of any hearing loss in the person.\n- 2. Provision of any hearing device (other than a cochlear or bone conduction implant, or cochlear implant or bone conduction speech processor unit) that is:\n- (a) clinically appropriate to the hearing loss, the person’s capacity to benefit from the device and his or her life circumstances; and is approved by the Authority.\n- (b) clinically appropriate to the hearing loss, the person’s capacity to benefit from the device and his or her life circumstances.\n- 3. Provision of a replacement cochlear implant speech processor unit or bone conduction speech processor unit.\n- 4. Services necessary to fit, and monitor the suitability of, a selected hearing device and to achieve the maximum functionality of the device.\n- 5. (a) Ongoing advice and assistance about rehabilitation to the extent necessary to enable the person to achieve a rehabilitation outcome commensurate with his or her needs.\n- (b) Provision of advice and support to the person’s parents, teachers and educational establishment on the management and support of the person concerning the hearing impairment.\n- (c) Provision of advice and support to the person’s family and community on the management and support of the person in regard to their impairment.\n- 6. (a) Provision of necessary repairs, adjustment and maintenance of a hearing device, including the reasonable provision of replacement batteries.\n- (b) Provision of necessary repairs, adjustment and maintenance of a hearing device, including the reasonable provision of replacement batteries for the first year.\n- 7. Other clinically necessary hearing services, if agreed between the Authority and Comcare as hearing services to be made available to referred Comcare clients in Class 3.\n- 8. Maintenance by the Authority of a hearing device issues to the person under paragraph 8(1)(aa) of the Act, but excluding:\n\n1. replacement of major electronic components within a hearing device;\n2. provision of a battery for use in a hearing device;\n3. replacement of a hearing device that is lost or damaged;for the period of 5 years.The period of 5 years begins on the day when:\n\n1. in the case of a person who turns 26, the person turns 26.\n2. in the case of a person who ceases to be a member of Class 6—the day the person ceases to be a member of Class 6.\n- 9. Replacement of a hearing device (other than a cochlear or bone conduction implant, or cochlear implant or bone conduction speech processor unit):\n\n1. that has been:\n 1. destroyed; or\n 2. lost, and unlikely to be found; or\n 3. damaged, and cannot be reasonably repaired; and\n2. if authorised by the Authority in accordance with regulation 4A of the Australian Hearing Services Regulations 1992.\n- 10. Provision of services, training and advice, in a culturally appropriate way, on matters of aural health and hygiene, including services, training and advice for the prevention and treatment of chronic conditions such as otitis media.Provision of specialised amplification devices to meet the particular needs of certain persons in this class of persons.\n- Note: Reference to Class in this table is a reference to the respective Class in the table in Section 7.\n\n\n7 Specified persons\n\nThe following classes of specified persons are eligible for declared hearing services as provided in the ‘declared hearing services entitlement’ column. Declared hearing services are defined in section 6. The declared hearing services entitlement column references items and sub-items in the table in section 6.\n\n \n\n| Class | Persons to receive the hearing services | Declared hearing services entitlement |\n| --- | --- | --- |\n| 1 | Young Australians and young adults. | 1(a), 2(a), 3, 4, 5(a)-(b), 6(a), 9 |\n| 2 | Referred Comcare clients generally. | 1(a)-(b) |\n| 3 | Referred Comcare client who, under an agreement between the Authority and Comcare, are persons to whom these hearing services are to be made available. | 1(a)-(b), 2(b), 4, 5(a), 6(b), 7 |\n| 4 | Referred Commonwealth employees generally. | 1(a) |\n| 5 | A person who:
has turned 26, and immediately before turning 26, was a young adult; or has ceased to be a member of Class 6. | 8 |\n| 6 | An eligible person who:
is eligible for specialist hearing services; or resides in, and receives their hearing services in, a place geographically within Modified Monash Model areas 6 or 7. | 1(a), 2(a), 4, 5(a), 6(a), 9 |\n| 7 | Aboriginal persons or Torres Strait Islanders who are:
under 26; or over 50; or an eligible person; or a participant in the RAES; or a person who was a participant of a predecessor program of the RAES, and prior to ceasing participation in the predecessor program, had received or was part way through receiving one of more declared hearing services from the Authority. | 1(a), 2(a), 4, 5(a)-(c), 6(a), 9, 10 |\n\n\n8 Designated persons\n\nFor the purposes of paragraph 8(1)(ad) and subsection 8(7) of the Act, a person in one of the following classes is a designated person:\n\n (a) Class 1\n\n (b) Class 5;\n\n (c) Class 6; and\n\n (d) Class 7.\n\nA designated person is considered eligible for services under the Community Service Obligations (CSO) component of the Australian Government Hearing Services Program.\n\n9 Certain services subject to payment of any applicable charges\n\n (1) The provision to a person of a service specified in an item mentioned in subsection (2) is subject to payment of the charge, if any, that is payable by the person under the Regulations made under subsection 77(1) of the Act for a service of that kind.\n\n (2) The items are:\n\n (a) in Class 1—declared hearing services 6(a);\n\n (b) in Class 3—declared hearing services 6(b);\n\n (c) in Class 6—declared hearing services 6(a) and 9; and\n\n (d) in Class 7—declared hearing services 6(a) and 9.\n\n\n\n\nSchedule 1—Repeals\n\nAustralian Hearing Services (Declared Hearing Services) Determination 2019\n\n1 The whole of the instrument\n\nRepeal the instrument\n","sortOrder":0}],"analysis":{"kimi_summary":{"content_quality":"ok","complexity_score":6,"scope_assessment":{"changed":true,"description":"The Determination has expanded significantly beyond its original narrow purpose of declaring hearing services for children and Comcare clients. The original 1991 Act framework focused on 'young Australians' and workers' compensation referrals. This 2025 version now encompasses: (1) complex Indigenous-specific eligibility tied to employment program participation (RAES/CDP/RJCP/CDEP), reflecting a social policy integration that goes beyond pure hearing health; (2) geographical targeting via Modified Monash Model remoteness classifications; (3) transitional maintenance services creating a new 'aging out' safety net; and (4) explicit exclusion of Central Auditory Processing Disorder, which narrows scope in one area while expanding it in others. The instrument now functions as a comprehensive eligibility gateway integrating health, employment, and Indigenous affairs policy."},"complexity_factors":["Cross-referencing between multiple tables: Section 6 defines 10 categories of services, but Section 7's entitlement table requires constant cross-referencing to determine who gets what (e.g., '1(a), 2(a), 4, 5(a), 6(a), 9' for Class 6)","Nested definitions and external references: 17 defined terms in Section 4, with multiple terms referencing external legislation (Aboriginal and Torres Strait Islander Act 2005, ASGS geographical framework, multiple repealed employment programs)","Complex eligibility criteria in Class 7: Five alternative pathways for Aboriginal and Torres Strait Islander people using 'or' connectors, including retrospective coverage for people who were 'part way through receiving' services under predecessor programs","Temporal conditions: Multiple age-based cutoffs (under 21, 21-26, over 50), 5-year maintenance periods triggered by specific events (turning 26 or ceasing Class 6 membership), and program transition dates (CDP ended 31 October 2025, RAES starts 1 November 2025)","Geographical complexity: Modified Monash Model areas 6 and 7 require understanding of ASGS Remoteness Areas plus offshore island exceptions ('more than 5 kilometres offshore')","Conditional service provision: Item 7 services require bilateral agreement between Authority and Comcare; Item 9 replacements require Authority authorisation 'in accordance with regulation 4A'","Exception to exception structure: Section 8 (maintenance services) excludes three specific components (replacement of major electronics, batteries, lost/damaged replacement) from the 5-year maintenance obligation"],"plain_english_summary":"**What this legislation does:**\n\nThis Determination sets out **who can get free or subsidised hearing services** from Australian Hearing Services (now known as Hearing Australia), and **what services they can receive**.\n\nThink of it as the rulebook that decides:\n- Which groups of people qualify for hearing tests, hearing aids, repairs, and rehabilitation services\n- Exactly what each group is entitled to (some get hearing aids; others only get assessments)\n- When people might need to pay a fee for certain services\n\n**Who it affects:**\n\nThe Determination creates **7 different classes of people** who can access services:\n\n- **Children and young adults** (under 26) — the biggest group, getting comprehensive services including hearing aids and batteries\n- **Injured workers** referred by Comcare (Australia's workers' compensation agency) — mostly assessments, though some get full rehabilitation services\n- **Commonwealth employees** with work-related hearing issues — limited to assessments only\n- **People transitioning out of the youth program** — maintenance services for 5 years after they turn 26\n- **People with severe hearing loss or living in very remote areas** — full services including replacement devices\n- **Aboriginal and Torres Strait Islander people** — the broadest eligibility, covering children, seniors over 50, eligible persons, and participants in the new Remote Australia Employment Service (RAES) or its predecessor programs\n\n**Why it matters:**\n\nThis instrument directly determines whether someone can get a **free hearing aid** or is left paying thousands of dollars privately. It particularly matters for:\n\n- **First Nations communities** — Class 7 has expanded eligibility to capture people in employment services, recognising the high rates of ear disease and hearing loss in remote communities\n- **Remote Australia** — The Determination ties eligibility to the new Remote Australia Employment Service (RAES) starting 1 November 2025, replacing the old CDP program\n- **Young people aging out of the system** — Class 5 provides a 5-year \"safety net\" of maintenance services after someone turns 26, so their hearing aid doesn't suddenly stop working with no support\n\n**Key exclusions to note:**\n- Services for **Central Auditory Processing Disorder** are explicitly excluded (this is a brain processing issue, not a hearing sensitivity problem)\n- Some services require **co-payments** — notably repairs, batteries, and replacement devices for certain classes\n- **Cochlear implants** are treated differently from standard hearing aids (only speech processor replacements are covered, not the initial implant surgery)"},"flash_summary":{"complexity_score":7,"scope_assessment":{"changed":true,"description":"This instrument repeals the 2019 Determination (Schedule 1) and re-specifies declared hearing services and recipient classes. It aligns commencement with the RAES start date (Section 2), explicitly includes RAES participants and predecessor program participants among eligible Aboriginal and Torres Strait Islander persons (Section 7 Class 7), adds specific maintenance exclusions and a 5‑year maintenance period for certain persons (Section 6 item 8), and clarifies charge applicability under the Regulations (Section 9). These changes adjust the operational scope and timing of entitlements compared with the prior instrument."},"complexity_factors":["Multiple recipient classes with distinct entitlements and overlaps creating non-uniform coverage (Section 7 table)","Cross-references to the Australian Hearing Services Act 1991 for Authority functions and eligibility, and to Regulations for payable charges (Sections 3 and 9)","Dependence on external program definitions and a commencement date linked to the RAES (definitions and Section 2)","Technical clinical threshold and eligibility rules (definition of \"eligible for specialist hearing services\" including 80 dB criterion) (Section 4)","Time-limited and exclusionary maintenance rules (item 8 in Section 6: 5‑year maintenance period and listed exclusions)","Agreement-based discretion where services depend on arrangements between the Authority and Comcare (Section 6 item 7; Section 7 Class 3)","Geographic classification reliance on ASGS and Modified Monash Model area definitions, administered by the Department (Section 4 definitions)","Inclusion of culturally specific services and special provisions for RAES and predecessor‑program participants, increasing scope for tailored entitlements (Section 6 item 10; Section 7 Class 7)","Repeal of prior Determination and replacement with this instrument (Schedule 1), requiring comparison to prior instrument for change-tracking"],"plain_english_summary":"This instrument sets out which hearing services Australian Hearing Services must provide, who qualifies for them, and when the rules take effect (linked to the Remote Australia Employment Service starting 1 November 2025). It specifies clinical and maintenance services (assessment, device provision and fitting, repairs, cochlear/bone‑conduction processor replacement, culturally appropriate aural‑health advice) and the recipient classes (young people, Comcare referrals, Commonwealth employees, remote residents, Aboriginal and Torres Strait Islander people and RAES participants). Charges may apply under the Regulations; the Authority and Comcare keep agreement-based discretion."},"summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":false,"description":"This is the original determination as made; it has not been amended."},"complexity_factors":["Multiple defined terms and cross-references to other legislation (e.g. Hearing Services Administration Act 1997, Aboriginal and Torres Strait Islander Act 2005)","Seven distinct eligibility classes with different service entitlements linked to a separate service table","Integration with the commencement of a new employment program (RAES) and recognition of predecessor programs","Conditional charging provisions that refer to external regulations"],"plain_english_summary":"This instrument updates and replaces the 2019 determination to specify which hearing services Australian Hearing Services must provide under the Government Hearing Services Program, who is eligible, and how some services are funded. It covers assessments, hearing devices (excluding cochlear and bone‑conduction implants), fitting, follow‑up, rehabilitation, repairs/maintenance and culturally appropriate aural health advice.\n\nEligibility is arranged into classes covering young people, remote and specialist‑need recipients, certain referred Commonwealth/Comcare clients, and Aboriginal and Torres Strait Islander people; some items may attract charges and designated groups receive Community Service Obligation funding."},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"}},"importantCases":[],"_links":{"self":"/api/acts/australian-hearing-services-declared-hearing-services-determination-2025","history":"/api/acts/australian-hearing-services-declared-hearing-services-determination-2025/history","analysis":"/api/acts/australian-hearing-services-declared-hearing-services-determination-2025/analysis","conflicts":"/api/acts/australian-hearing-services-declared-hearing-services-determination-2025/conflicts","importantCases":"/api/acts/australian-hearing-services-declared-hearing-services-determination-2025/important-cases","documents":"/api/acts/australian-hearing-services-declared-hearing-services-determination-2025/documents"}}