{"id":"C2004A05178","name":"Hearing Services Administration Act 1997","slug":"hearing-services-administration-act-1997","collection":"act","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":"81 of 1997","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":7749,"registerId":"commonwealth-C2004A05178-current","compilationNumber":null,"startDate":"2026-03-30","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"Part 1","sectionType":"part","heading":"Preliminary","content":"## Part 1—Preliminary","sortOrder":0},{"sectionNumber":"1","sectionType":"section","heading":"Short title","content":"#### 1 Short title\n\n  This Act may be cited as the Hearing Services Administration Act 1997.","sortOrder":1},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"#### 2 Commencement\n\n  This Act commences on the day on which it receives the Royal Assent.","sortOrder":2},{"sectionNumber":"3","sectionType":"section","heading":"Simplified outline","content":"#### 3 Simplified outline\n\n  The following is a simplified outline of this Act:\n\n• This Act sets up a scheme under which hearing services are provided to voucher‑holders by contracted service providers.\n\n• The Minister may determine that specified persons are participants in the voucher system.\n\n• Vouchers may be issued to participants in the voucher system.\n\n• The Minister may accredit service providers and engage accredited service providers to provide hearing services to voucher‑holders.","sortOrder":3},{"sectionNumber":"4","sectionType":"section","heading":"Definitions","content":"#### 4 Definitions\n\n  In this Act, unless the contrary intention appears:\n\n> accreditation means accreditation under the accreditation scheme.\n\n> accreditation scheme means the scheme in force under section 15.\n\n> accredited service provider means an entity accredited under the accreditation scheme.\n\n> AHS means Australian Hearing Services.\n\n> available, in relation to a hearing service, has the meaning given by section 13.\n\n> Australian permanent resident means a person in Australia whose presence in Australia is not subject to any limitation as to time imposed by law.\n\n> Chief Executive Medicare has the same meaning as in the Human Services (Medicare) Act 1973.\n\n> contracted service provider means an accredited service provider engaged under section 20.\n\n> data processing device means any article or material (for example, a disk) from which information is capable of being reproduced, with or without the aid of any other article or device.\n\n> eligible person has the meaning given by clause 5.\n\n> entity means:\n\n    (a) an individual; or\n    (b) a body corporate; or\n    (c) a partnership; or\n    (d) an authority of the Commonwealth, a State or a Territory; or\n    (e) a Department of the Government of the Commonwealth, a State or a Territory.\n\n> hearing services means:\n\n    (a) services for purposes in connection with:\n    (i) hearing rehabilitation; or\n    (ii) assessment of hearing; or\n    (iii) hearing loss prevention; or\n    (b) goods for purposes in connection with:\n    (i) hearing rehabilitation; or\n    (ii) assessment of hearing; or\n    (iii) hearing loss prevention.\n\n> participant in the voucher system has the meaning given by section 13.\n\n> rules of conduct means rules of conduct formulated under section 17.\n\n> voucher means a voucher issued under section 10.\n\n> voucher‑holder means a participant in the voucher system who holds a voucher.\n\n> voucher rules means rules formulated under section 11.","sortOrder":4},{"sectionNumber":"5","sectionType":"section","heading":"Eligible persons","content":"#### 5 Eligible persons\n\n  (1) For the purposes of this Act, a person is an eligible person if the person:\n    (a) has reached the age of 21 years; and\n    (b) is an Australian citizen or an Australian permanent resident; and\n    (c) is covered by one of the categories specified in subsection (2).\n  (2) The following categories are specified for the purposes of paragraph (1)(c):\n    (a) a person who holds a card issued by the Commonwealth and known as a Pensioner Concession Card;\n    (b) a person who:\n    (i) holds a card issued by the Commonwealth and known as a Health Care Card; and\n    (ii) holds that card because the person is in receipt of sickness allowance under the Social Security Act 1991;\n    (c) a person who holds a card issued by the Commonwealth and known as a Repatriation Health Card, where the card is expressed to be issued for all conditions;\n    (d) a person who, for purposes connected with obtaining treatment for an injury, disease or condition that involves hearing loss, holds a card issued by the Commonwealth and known as a Repatriation Health Card, where the card is expressed to be issued for specific conditions;\n    (f) a member of the Australian Defence Force;\n    (g) a person referred to the Minister in connection with the provision of an employment service under Part II of, or the provision of a service under a rehabilitation program under Part III of, the former Disability Services Act 1986.\n  (3) The Minister may, by legislative instrument, determine that a specified person is an eligible person for the purposes of this Act. The determination has effect accordingly.\n\n> Note: For specification by class, see subsection 13(3) of the Legislation Act 2003.","sortOrder":5},{"sectionNumber":"6","sectionType":"section","heading":"Crown to be bound","content":"#### 6 Crown to be bound\n\n  (1) This Act binds the Crown in right of the Commonwealth, of each of the States, of the Australian Capital Territory and of the Northern Territory.\n  (2) This Act does not make the Crown liable to be prosecuted for an offence.\n  (3) The protection in subsection (2) does not apply to an authority of the Crown.","sortOrder":6},{"sectionNumber":"6A","sectionType":"section","heading":"Application of the Criminal Code","content":"#### 6A Application of the Criminal Code\n\n  Chapter 2 of the Criminal Code applies to all offences against this Act.\n\n> Note: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.","sortOrder":7},{"sectionNumber":"7","sectionType":"section","heading":"Continuity of partnerships","content":"#### 7 Continuity of partnerships\n\n  For the purposes of this Act, a change in the composition of a partnership does not affect the continuity of the partnership.","sortOrder":8},{"sectionNumber":"8","sectionType":"section","heading":"General criteria for administration of this Act","content":"#### 8 General criteria for administration of this Act\n\n  (1) In administering this Act, due regard must be had to:\n    (a) the limited resources available to provide services and programs under this Act; and\n    (b) the need to consider equity and merit in accessing those resources.\n  (2) In this section:\n\n> this Act includes:\n\n    (a) the voucher rules; and\n    (b) the accreditation scheme; and\n    (c) the rules of conduct.","sortOrder":9},{"sectionNumber":"Part 2","sectionType":"part","heading":"Issue of vouchers to participants in the voucher system","content":"An Act relating to hearing services\n\n## Part 1—Preliminary\n\n#### 1 Short title\n\n  This Act may be cited as the Hearing Services Administration Act 1997.\n\n#### 2 Commencement\n\n  This Act commences on the day on which it receives the Royal Assent.\n\n#### 3 Simplified outline\n\n  The following is a simplified outline of this Act:\n\n• This Act sets up a scheme under which hearing services are provided to voucher‑holders by contracted service providers.\n\n• The Minister may determine that specified persons are participants in the voucher system.\n\n• Vouchers may be issued to participants in the voucher system.\n\n• The Minister may accredit service providers and engage accredited service providers to provide hearing services to voucher‑holders.\n\n#### 4 Definitions\n\n  In this Act, unless the contrary intention appears:\n\n> accreditation means accreditation under the accreditation scheme.\n\n> accreditation scheme means the scheme in force under section 15.\n\n> accredited service provider means an entity accredited under the accreditation scheme.\n\n> AHS means Australian Hearing Services.\n\n> available, in relation to a hearing service, has the meaning given by section 13.\n\n> Australian permanent resident means a person in Australia whose presence in Australia is not subject to any limitation as to time imposed by law.\n\n> Chief Executive Medicare has the same meaning as in the Human Services (Medicare) Act 1973.\n\n> contracted service provider means an accredited service provider engaged under section 20.\n\n> data processing device means any article or material (for example, a disk) from which information is capable of being reproduced, with or without the aid of any other article or device.\n\n> eligible person has the meaning given by clause 5.\n\n> entity means:\n\n    (a) an individual; or\n    (b) a body corporate; or\n    (c) a partnership; or\n    (d) an authority of the Commonwealth, a State or a Territory; or\n    (e) a Department of the Government of the Commonwealth, a State or a Territory.\n\n> hearing services means:\n\n    (a) services for purposes in connection with:\n    (i) hearing rehabilitation; or\n    (ii) assessment of hearing; or\n    (iii) hearing loss prevention; or\n    (b) goods for purposes in connection with:\n    (i) hearing rehabilitation; or\n    (ii) assessment of hearing; or\n    (iii) hearing loss prevention.\n\n> participant in the voucher system has the meaning given by section 13.\n\n> rules of conduct means rules of conduct formulated under section 17.\n\n> voucher means a voucher issued under section 10.\n\n> voucher‑holder means a participant in the voucher system who holds a voucher.\n\n> voucher rules means rules formulated under section 11.\n\n#### 5 Eligible persons\n\n  (1) For the purposes of this Act, a person is an eligible person if the person:\n    (a) has reached the age of 21 years; and\n    (b) is an Australian citizen or an Australian permanent resident; and\n    (c) is covered by one of the categories specified in subsection (2).\n  (2) The following categories are specified for the purposes of paragraph (1)(c):\n    (a) a person who holds a card issued by the Commonwealth and known as a Pensioner Concession Card;\n    (b) a person who:\n    (i) holds a card issued by the Commonwealth and known as a Health Care Card; and\n    (ii) holds that card because the person is in receipt of sickness allowance under the Social Security Act 1991;\n    (c) a person who holds a card issued by the Commonwealth and known as a Repatriation Health Card, where the card is expressed to be issued for all conditions;\n    (d) a person who, for purposes connected with obtaining treatment for an injury, disease or condition that involves hearing loss, holds a card issued by the Commonwealth and known as a Repatriation Health Card, where the card is expressed to be issued for specific conditions;\n    (f) a member of the Australian Defence Force;\n    (g) a person referred to the Minister in connection with the provision of an employment service under Part II of, or the provision of a service under a rehabilitation program under Part III of, the former Disability Services Act 1986.\n  (3) The Minister may, by legislative instrument, determine that a specified person is an eligible person for the purposes of this Act. The determination has effect accordingly.\n\n> Note: For specification by class, see subsection 13(3) of the Legislation Act 2003.\n\n#### 6 Crown to be bound\n\n  (1) This Act binds the Crown in right of the Commonwealth, of each of the States, of the Australian Capital Territory and of the Northern Territory.\n  (2) This Act does not make the Crown liable to be prosecuted for an offence.\n  (3) The protection in subsection (2) does not apply to an authority of the Crown.\n\n#### 6A Application of the Criminal Code\n\n  Chapter 2 of the Criminal Code applies to all offences against this Act.\n\n> Note: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.\n\n#### 7 Continuity of partnerships\n\n  For the purposes of this Act, a change in the composition of a partnership does not affect the continuity of the partnership.\n\n#### 8 General criteria for administration of this Act\n\n  (1) In administering this Act, due regard must be had to:\n    (a) the limited resources available to provide services and programs under this Act; and\n    (b) the need to consider equity and merit in accessing those resources.\n  (2) In this section:\n\n> this Act includes:\n\n    (a) the voucher rules; and\n    (b) the accreditation scheme; and\n    (c) the rules of conduct.\n\n## Part 2—Issue of vouchers to participants in the voucher system\n\n### Division 1—Simplified outline\n\n#### 9 Simplified outline\n\n  The following is a simplified outline of this Part:\n\n• Vouchers may be issued to participants in the voucher system.\n\n• The Minister may make rules relating to vouchers. The rules are to be known as the voucher rules.\n\n• The Minister may determine that specified persons are participants in the voucher system.\n\n• The Minister may determine that specified hearing services are available to a voucher‑holder under a voucher.\n\n### Division 2—Issue of vouchers by the Minister\n\n#### 10 Issue of vouchers by the Minister\n\n  The Minister has the function of issuing vouchers to participants in the voucher system.\n\n> Note: Participant in the voucher system is defined by section 13.\n\n#### 11 Voucher rules\n\n  (1) The Minister may, by legislative instrument, formulate rules relating to vouchers. The rules are to be known as the voucher rules.\n  (2) The voucher rules may make provision for the following:\n    (a) the duration of vouchers;\n    (b) the replacement of vouchers.\n  (3) The voucher rules may make provision for or in relation to a matter by conferring a power on the Minister.\n  (4) Subsections (2) and (3) do not, by implication, limit subsection (1).\n\n#### 12 Vouchers do not have effect before 1 July 1997\n\n  A voucher does not have effect before 1 July 1997.\n\n### Division 3—Participants in the voucher system\n\n#### 13 Participants in the voucher system\n\n  (1) The Minister may, by legislative instrument, determine that:\n    (a) each eligible person included in a specified class of eligible persons is a participant in the voucher system for the purposes of this Act; and\n    (b) in the event that the Minister issues a voucher to such a person during a specified period, one or more specified hearing services are available to the person under the voucher.\n  (2) The specification of a hearing service may be expressed to be subject to such conditions as are specified in the determination.\n  (3) A determination under this section has effect accordingly.\n\n## Part 3—Service providers\n\n### Division 1—Simplified outline\n\n#### 14 Simplified outline\n\n  The following is a simplified outline of this Part:\n\n• The Minister must formulate an accreditation scheme for the accreditation of entities as service providers.\n\n• The Minister may accredit entities as service providers under the accreditation scheme. The accreditation may be subject to conditions. An entity accredited by the Minister is to be known as an accredited service provider.\n\n• The Minister may engage an accredited service provider to provide available hearing services to voucher‑holders. A service provider engaged by the Minister is to be known as a contracted service provider.\n\n• The Minister must formulate rules of conduct that apply to contracted service providers in relation to the provision of hearing services to voucher‑holders.\n\n### Division 2—Accreditation\n\n#### 15 Accreditation of service providers\n\n  (1) The Minister must, by legislative instrument, formulate a scheme for the accreditation of entities as service providers. The scheme is to be known as the accreditation scheme.\n\n> Note 1: Entity is defined by section 4.\n\n> Note 2: Accreditation means that the entity is eligible to be engaged as a contracted service provider under section 20.\n\n  (2) The accreditation scheme must empower the Minister to make decisions:\n    (a) accrediting entities; and\n    (b) cancelling the accreditation of entities.\n  (3) The accreditation scheme may make provision for fees to be charged in respect of the making of applications under the scheme.\n  (4) The accreditation scheme may make provision for an entity to surrender its accreditation to the Minister.\n  (5) The accreditation scheme must make provision for and in relation to the keeping of a register by the Minister of entities accredited under the accreditation scheme. In particular, the accreditation scheme may make provision for the following:\n    (a) the register to be kept in such form and manner as the Minister directs;\n    (b) persons to inspect the register;\n    (c) persons to obtain information contained in the register;\n    (d) fees to be charged for such an inspection or providing such information.\n  (6) Subsections (2), (3), (4) and (5) do not, by implication, limit subsection (1).\n  (7) The Minister must give a free copy of the accreditation scheme to any person who requests a copy.\n\n#### 16 Conditions of accreditation\n\n  (1) The accreditation scheme must empower the Minister to accredit an entity subject to one or more conditions specified in the instrument of accreditation. The accreditation scheme may also empower the Minister to:\n    (a) impose one or more further conditions to which the accreditation is subject; and\n    (b) revoke or vary any condition:\n    (i) specified in the instrument of accreditation; or\n    (ii) imposed under paragraph (a).\n  (2) A condition may be expressed to have effect only if the entity is engaged under section 20.\n  (3) A condition of an accreditation may make provision for or in relation to a matter by conferring a power on the Minister.\n  (4) The accreditation scheme may empower the Minister to make a decision cancelling the accreditation of an entity if the entity contravenes a condition of the accreditation. This subsection does not, by implication, limit paragraph 15(2)(b).\n  (5) The accreditation scheme may empower the Minister to issue a formal warning if an entity contravenes a condition of its accreditation.\n  (6) Subsections (2), (3), (4) and (5) do not, by implication, limit subsection (1).\n\n#### 17 Rules of conduct\n\n  (1) The Minister must, by legislative instrument, formulate rules of conduct relating to the provision of hearing services to voucher‑holders.\n  (2) Rules of conduct have effect only for the purposes of section 18.\n\n> Note: Section 18 provides that compliance with rules of conduct is a condition of an entity’s accreditation.\n\n  (3) Rules of conduct may make provision for or in relation to a matter by conferring a power on the Minister.\n  (4) Rules of conduct may prohibit or regulate the charging of fees or other consideration payable by a voucher‑holder, where the fee or consideration is in respect of the provision by an accredited service provider of a hearing service that is available to the holder under the voucher.\n  (5) Rules of conduct may require an accredited service provider to:\n    (a) take all reasonable steps to ensure that each individual who (whether in the capacity of employee or otherwise) works, or is to work, for the service provider in the provision of specified hearing services to voucher‑holders holds such qualifications as are ascertained in accordance with the rules; and\n    (b) inform the Minister of the names and qualifications of those individuals.\n  (6) Subsections (3), (4) and (5) do not, by implication, limit subsection (1).\n\n#### 18 Compliance with rules of conduct\n\n  (1) In addition to the conditions to which an entity’s accreditation is subject under the accreditation scheme, the accreditation is subject to the condition mentioned in subsection (2).\n  (2) It is a condition of the accreditation of an entity that the entity must comply with the rules of conduct.\n  (3) The condition mentioned in subsection (2) has effect only if the entity is a contracted service provider.\n  (4) This section does not, by implication, limit the generality of section 16 (which deals with conditions under the accreditation scheme).\n\n#### 19 Disqualification for fraud, dishonesty etc.\n\n  (1) The Minister must not accredit an individual or a body corporate under the accreditation scheme at a particular time if the individual or body corporate is a disqualified person at that time.\n\n> Note: Disqualified person is defined by subsection (5).\n\n  (2) The Minister must not accredit a body corporate under the accreditation scheme at a particular time if any of the following individuals is a disqualified person at that time:\n    (a) a director of the body corporate;\n    (b) a secretary of the body corporate;\n    (c) a person (by whatever name called and whether or not a director of the body corporate) who is concerned in, or takes part in, the management of the body corporate.\n\n> Note: Disqualified person is defined by subsection (5).\n\n  (3) The Minister must not accredit a partnership under the accreditation scheme at a particular time if:\n    (a) in a case where a partner is an individual—the partner is a disqualified person at that time; or\n    (b) in a case where a partner is a body corporate—any of the following individuals is a disqualified person at that time:\n    (i) a director of the body corporate;\n    (ii) a secretary of the body corporate;\n    (iii) a person (by whatever name called and whether or not a director of the body corporate) who is concerned in, or takes part in, the management of the body corporate.\n\n> Note: Disqualified person is defined by subsection (5).\n\n  (4) The Minister must cancel the accreditation of an entity under the accreditation scheme at a particular time if, assuming that the entity had not been accredited at that time, the Minister would have been prevented by this section from accrediting the entity at that time.\n  (5) For the purposes of this section, a person is a disqualified person at a particular time if:\n    (a) the person has been convicted (whether before or after the commencement of this section) of a disqualifying offence (as defined by subsection (6)); and\n    (b) if the person was sentenced to imprisonment—the time occurs during the period:\n    (i) beginning when the person was convicted; and\n    (ii) ending 5 years after the person’s release from prison; and\n    (c) if the person was not sentenced to imprisonment—the time occurs during the period:\n    (i) beginning when the person was convicted; and\n    (ii) ending 5 years after the conviction.\n  (6) For the purposes of this section, each of the following offences is a disqualifying offence:\n    (a) an offence against section 136.1, 137.1 or 137.2 of the Criminal Code in respect of a statement that is made to a person who is exercising powers or performing functions under, or in connection with, subsection 21(2) of this Act;\n    (b) an offence that:\n    (i) is an offence against a law of the Commonwealth, a State, a Territory or a foreign country; and\n    (ii) involves fraud or dishonesty; and\n    (iii) is punishable by imprisonment for life or for a period, or maximum period, of at least 2 years.\n  (7) A reference in this section to a conviction of a person of an offence includes a reference to the making of an order under section 19B of the Crimes Act 1914, or under a corresponding provision of a law of a State, a Territory or a foreign country, in relation to a person in respect of an offence.\n\n> Note: Section 19B of the Crimes Act 1914 empowers a court that has found a person to have committed an offence to take action without proceeding to record a conviction.\n\n  (8) This section does not, by implication, limit the generality of sections 15 and 16 (which deal with the accreditation scheme).\n  (9) This section does not affect the operation of Part VIIC of the Crimes Act 1914 (which includes provisions relieving persons from requirements to disclose convictions).\n\n### Division 3—Contracted service providers\n\n#### 20 Contracted service providers\n\n  (1) The Minister may, on behalf of the Commonwealth, engage an accredited service provider to provide hearing services to voucher‑holders, where each hearing service is available to the holder under the voucher. An accredited service provider engaged under this section is to be known as a contracted service provider.\n  (2) The terms and conditions of the engagement are to be set out in a written agreement between the Minister (on behalf of the Commonwealth) and the contracted service provider. The terms and conditions must be consistent with the accreditation scheme and the rules of conduct.\n  (3) Each condition of the accreditation of the contracted service provider is taken to be a condition of the engagement. This subsection does not limit subsection (2).\n  (4) The cancellation or surrender of the accreditation of the contracted service provider terminates the engagement without giving the service provider any entitlement to compensation or damages. This subsection does not limit subsection (2).\n  (5) AHS may enter into an agreement under this section at any time after the commencement of this section.\n\n#### 21 Payments to contracted service providers\n\n  (1) An agreement under section 20 may provide for amounts to be paid by the Commonwealth to a contracted service provider. This subsection does not limit subsection 20(2).\n  (2) A payment referred to in subsection (1) must not be paid unless:\n    (a) a claim for the payment is given to the claims acceptance body; and\n    (b) the claims acceptance body accepts the claim on behalf of the Commonwealth.\n  (3) The claims acceptance body may authorise a claim for payment to be given to the claims acceptance body in accordance with specified software requirements:\n    (a) on a specified kind of data processing device; or\n    (b) by way of a specified kind of electronic transmission.\n  (4) A payment referred to in subsection (1) may be made by the claims payment body on behalf of the Commonwealth.\n  (6) The Minister may, by writing, declare that a specified body is the claims acceptance body for the purposes of this section. The declaration has effect accordingly.\n  (7) The Minister may, by writing, declare that a specified body is the claims payment body for the purposes of this section. The declaration has effect accordingly.\n  (8) This section does not prevent the claims acceptance body from being the same body as the claims payment body.\n  (9) The Minister must not make a determination under subsection (6) or (7) in relation to an incorporated company unless the company consents to the making of the determination.\n  (10) In this section:\n\n> body means:\n\n    (a) the Department; or\n    (b) an authority of the Commonwealth; or\n    (c) an incorporated company; or\n    (d) the Chief Executive Medicare.\n\n#### 23 Repayments by contracted service providers\n\n  (1) If:\n    (a) an amount is paid to an entity as mentioned in subsection 21(1); and\n    (b) the amount is paid subject to a condition (whether a condition precedent or a condition subsequent); and\n    (c) the condition was contravened;\n  the entity is liable to repay the amount to the Commonwealth.\n  (2) A payment to an entity as mentioned in subsection 21(1) is taken to be made subject to a condition that a false or misleading statement has not been made by or on behalf of the entity in connection with a claim for the payment.\n  (3) This section does not, by implication, limit the generality of subsection 20(2) (which deals with the terms and conditions of the engagement of contracted service providers).\n\n#### 24 Recovery of overpayments etc.\n\n  (1) For the purposes of this section, each of the following amounts is a service provider debt:\n    (a) so much of an amount paid, or purportedly paid, to an entity as mentioned in subsection 21(1) as represents an overpayment;\n    (b) an amount that is repayable as mentioned in section 23 (which deals with conditional payments).\n  (2) A service provider debt is a debt due to the Commonwealth.\n  (3) A service provider debt may be recovered by the Commonwealth by action in a court of competent jurisdiction.\n  (4) If an entity is liable to pay a service provider debt, the service provider debt may be deducted from one or more other amounts that are payable to the entity as mentioned in subsection 21(1), and if it is so deducted, the other amounts are taken to have been paid to the entity to the extent of the deduction.\n\n## Part 4—Administration\n\n#### 25 Simplified outline\n\n  The following is a simplified outline of this Part:\n\n• The Minister must establish a complaints‑handling mechanism.\n\n• The Minister may delegate powers conferred on the Minister by this Act.\n\n#### 26 Arrangements for dealing with complaints\n\n  The Minister must take all reasonable steps to ensure that there are at all times in force arrangements under which:\n    (a) a participant in the voucher system has the right to make a complaint about the provision to the participant of hearing services in accordance with an agreement under Part 3; and\n    (b) a complaint so made will be properly considered and dealt with within 90 days after it was made.\n\n#### 27 Delegation\n\n  (1) The Minister may, by writing, delegate all or any of the Minister’s functions and powers under this Act to:\n    (a) the Secretary of the Department; or\n    (b) any other officer of the Department.\n  (2) Subsection (1) does not apply to the Minister’s powers to make an instrument under subsection 5(3), 11(1), 13(1), 15(1) or 17(1).\n  (3) In this section:\n\n> this Act includes:\n\n    (a) the voucher rules; and\n    (b) the accreditation scheme; and\n    (c) the rules of conduct.\n\n## Part 5—Review of decisions\n\n#### 28 Simplified outline\n\n  The following is a simplified outline of this Part:\n\n• Certain decisions of the Minister may be reviewed by the Administrative Review Tribunal following a process of reconsideration by the Minister.\n\n#### 29 Decisions that may be subject to reconsideration by the Minister\n\n  An application may be made to the Minister for reconsideration of any of the following decisions:\n    (a) a decision by the Minister refusing to issue a voucher to a participant in the voucher system;\n    (b) a decision made by the Minister under the voucher rules;\n    (c) a decision made by the Minister under the accreditation scheme;\n    (d) a decision made by the Minister under a condition of accreditation;\n    (e) a decision made by the Minister under the rules of conduct;\n    (f) a decision of the Minister made under section 19 (which deals with disqualification for fraud, dishonesty etc.).\n\n#### 30 Statements to accompany notification of decisions\n\n  (1) If the Minister makes a decision of a kind referred to in section 29 and gives written notice of the decision to a person whose interests are affected by the decision, the notice must include:\n    (a) a statement to the effect that a person affected by the decision may, if he or she is dissatisfied with the decision, seek a reconsideration of the decision by the Minister under subsection 31(1); and\n    (b) a statement to the effect that, if a person who has applied for a reconsideration is dissatisfied with the Minister’s decision on the reconsideration:\n    (i) subject to the Administrative Review Tribunal Act 2024, application may be made to the Administrative Review Tribunal for review of the decision on that reconsideration; and\n    (ii) the person may, under section 268 of that Act, request a statement of reasons for the decision on that reconsideration.\n  (2) Failure to comply with this section does not affect the validity of a decision.\n\n#### 31 Applications for reconsideration of decisions\n\n  (1) A person affected by a decision of a kind referred to in section 29 who is dissatisfied with the decision may apply to the Minister for the Minister to reconsider the decision.\n  (2) The application must:\n    (a) be in a form approved in writing by the Minister; and\n    (b) set out the reasons for the application.\n  (3) The application must be made within:\n    (a) 28 days after the applicant is informed of the decision; or\n    (b) if, either before or after the end of that period of 28 days, the Minister extends the period within which the application may be made—the extended period for making the application.\n  (4) An approved form of an application may provide for verification by statutory declaration of statements in applications.\n\n#### 32 Reconsideration by the Minister\n\n  (1) Upon receiving such an application, the Minister must:\n    (a) reconsider the decision; and\n    (b) affirm, vary or revoke the decision.\n  (2) The Minister’s decision on reconsideration of a decision has effect as if it had been made under the provision under which the original decision was made.\n  (3) The Minister must give to the applicant a notice stating the Minister’s decision on the reconsideration together with a statement of the Minister’s reasons for the Minister’s decision.\n\n#### 33 Deadlines for reconsiderations\n\n  (1) The Minister must make his or her decision on reconsideration of a decision within 90 days after receiving an application for reconsideration.\n  (2) The Minister is taken, for the purposes of this Part, to have made a decision affirming the original decision if the Minister has not informed the applicant of the Minister’s decision on the reconsideration before the end of the period of 90 days.\n\n#### 34 Statements to accompany notification of decisions on reconsideration\n\n  (1) A notice under subsection 32(3) notifying the applicant that a decision has been affirmed or varied must include:\n    (a) a statement to the effect that a person whose interests are affected by the decision so affirmed or varied may, subject to the Administrative Review Tribunal Act 2024, apply to the Administrative Review Tribunal for review of the decision; and\n    (b) a statement to the effect that the person may, under section 268 of that Act, request a statement of reasons for the decision so affirmed or varied.\n  (2) Failure to comply with this section does not affect the validity of a decision.\n\n#### 35 Review by the Administrative Review Tribunal\n\n  Applications may be made to the Administrative Review Tribunal to review a decision of a kind referred to in section 29 if the Minister has affirmed or varied the decision under section 32.\n\n## Part 6—Injunctions\n\n#### 36 Simplified outline\n\n  The following is a simplified outline of this Part:\n\n The Federal Court may grant injunctions in relation to contraventions of:\n\n(a) this Act; or\n\n(b) the voucher rules; and\n\n(c) a condition of an accreditation; or\n\n(d) an agreement under section 20.\n\n#### 37 Injunctions\n\n  Restraining injunctions\n  (1) If an entity has engaged, is engaging or is proposing to engage, in any conduct in contravention of:\n    (a) this Act; or\n    (b) the voucher rules; or\n    (c) if the entity is accredited under the accreditation scheme—a condition of that accreditation; or\n    (d) if the entity is engaged under section 20—an agreement under that section;\n  the Federal Court may, on the application of the Minister, grant an injunction:\n    (e) restraining the entity from engaging in the conduct; and\n    (f) if, in the court’s opinion, it is desirable to do so—requiring the entity to do something.\n  Performance injunctions\n  (2) If:\n    (a) an entity has refused or failed, or is refusing or failing, or is proposing to refuse or fail, to do an act or thing; and\n    (b) the refusal or failure was, is or would be a contravention of:\n    (i) this Act; or\n    (ii) the voucher rules; or\n    (iii) if the entity is accredited under the accreditation scheme—a condition of that accreditation; or\n    (iv) if the entity is engaged under section 20—an agreement under that section;\n  the Federal Court may, on the application of the Minister, grant an injunction requiring the entity to do that act or thing.\n\n#### 38 Interim injunctions\n\n  Grant of interim injunction\n  (1) If an application is made to the court for an injunction under section 37, the court may, before considering the application, grant an interim injunction restraining an entity from engaging in conduct of a kind referred to in that section.\n  No undertakings as to damages\n  (2) The court is not to require an applicant for an injunction under section 37, as a condition of granting an interim injunction, to give any undertakings as to damages.\n\n#### 39 Discharge etc. of injunctions\n\n  The court may discharge or vary an injunction granted under this Part.\n\n#### 40 Certain limits on granting injunctions not to apply\n\n  Restraining injunctions\n  (1) The power of the court under this Part to grant an injunction restraining an entity from engaging in conduct of a particular kind may be exercised:\n    (a) if the court is satisfied that the entity has engaged in conduct of that kind—whether or not it appears to the court that the entity intends to engage again, or to continue to engage, in conduct of that kind; or\n    (b) if it appears to the court that, if an injunction is not granted, it is likely that the entity will engage in conduct of that kind—whether or not the entity has previously engaged in conduct of that kind and whether or not there is an imminent danger of substantial damage to any entity if the entity engages in conduct of that kind.\n  Performance injunctions\n  (2) The power of the court to grant an injunction requiring an entity to do an act or thing may be exercised:\n    (a) if the court is satisfied that the entity has refused or failed to do that act or thing—whether or not it appears to the court that the entity intends to refuse or fail again, or to continue to refuse or fail, to do that act or thing; or\n    (b) if it appears to the court that, if an injunction is not granted, it is likely that the entity will refuse or fail to do that act or thing—whether or not the entity has previously refused or failed to do that act or thing and whether or not there is an imminent danger of substantial damage to any entity if the entity refuses or fails to do that act or thing.\n\n#### 41 Other powers of the court unaffected\n\n  The powers conferred on the court under this Part are in addition to, and not instead of, any other powers of the court, whether conferred by this Act or otherwise.\n\n## Part 7—Vicarious liability\n\n#### 42 Simplified outline\n\n  The following is a simplified outline of this Part:\n\n• This Part deals with proof in civil proceedings of matters that involve employees, agents etc.\n\n#### 43 Liability of corporations\n\n  State of mind\n  (1) If, in a civil proceeding under this Act in respect of conduct engaged in by a corporation, it is necessary to establish the state of mind of the corporation, it is sufficient to show that:\n    (a) a director, employee or agent of the corporation engaged in that conduct; and\n    (b) the director, employee or agent was, in engaging in that conduct, acting within the scope of his or her actual or apparent authority; and\n    (c) the director, employee or agent had that state of mind.\n  Conduct\n  (2) If:\n    (a) conduct is engaged in on behalf of a corporation by a director, employee or agent of the corporation; and\n    (b) the conduct is within the scope of his or her actual or apparent authority;\n  the conduct is taken, for the purposes of a civil proceeding under this Act, to have been engaged in by the corporation unless the corporation establishes that it took reasonable precautions and exercised due diligence to avoid the conduct.\n  Extended meaning of state of mind\n  (3) A reference in subsection (1) to the state of mind of a person includes a reference to:\n    (a) the knowledge, intention, opinion, belief or purpose of the person; and\n    (b) the person’s reasons for the intention, opinion, belief or purpose.\n  Extended meaning of director\n  (4) A reference in this section to a director of a corporation includes a reference to a constituent member of a body corporate incorporated for a public purpose by a law of the Commonwealth, a State or a Territory.\n  Extended meaning of engaging in conduct\n  (5) A reference in this section to engaging in conduct includes a reference to failing or refusing to engage in conduct.\n\n#### 44 Liability of persons other than corporations\n\n  State of mind\n  (1) If, in civil proceedings under this Act in respect of conduct engaged in by a person other than a corporation, it is necessary to establish the state of mind of the person, it is sufficient to show that:\n    (a) the conduct was engaged in by an employee or agent of the person within the scope of his or her actual or apparent authority; and\n    (b) the employee or agent had that state of mind.\n  Conduct\n  (2) If:\n    (a) conduct is engaged in on behalf of a person other than a corporation by an employee or agent of the person; and\n    (b) the conduct is within the employee’s or agent’s actual or apparent authority;\n  the conduct is taken, for the purposes of a civil proceeding under this Act, to have been engaged in by the person unless the person establishes that he or she took reasonable precautions and exercised due diligence to avoid the conduct.\n  Extended meaning of state of mind\n  (3) A reference in this section to the state of mind of a person includes a reference to:\n    (a) the knowledge, intention, opinion, belief or purpose of the person; and\n    (b) the person’s reasons for the intention, opinion, belief or purpose.\n  Extended meaning of engaging in conduct\n  (4) A reference in this section to engaging in conduct includes a reference to failing or refusing to engage in conduct.\n\n## Part 8—Miscellaneous\n\n#### 45 Simplified outline\n\n  The following is a simplified outline of this Part:\n\n• The Criminal Code applies to offences against this Act.\n\n• Partnerships are to be treated as persons for the purposes of this Act.\n\n• Provision is made in relation to the service of documents.\n\n• The Governor‑General may make regulations for the purposes of this Act.\n\n#### 46 Application of Criminal Code\n\n  Chapter 2 of the Criminal Code applies to all offences against this Act.\n\n#### 47 Treatment of partnerships\n\n  This Act applies to a partnership as if the partnership were a person. However, obligations that would be imposed on the partnership are imposed instead on each partner, but may be discharged by any of the partners.\n\n#### 48 Giving of documents to partnerships\n\n  For the purposes of this Act, if a document is given to a partner of a partnership in accordance with section 28A of the Acts Interpretation Act 1901, the document is taken to have been given to the partnership.\n\n#### 49 Nomination of address for service of documents\n\n  (1) For the purposes of this Act, a person may nominate an address for service in:\n    (a) an application made by the person under this Act; or\n    (b) any other document given by the person to the Minister.\n  The address must be in Australia.\n  (2) For the purposes of this Act, a document may be given to the person by leaving it at, or by sending it by pre‑paid post to, the nominated address for service.\n  (3) Subsection (2) has effect in addition to section 28A of the Acts Interpretation Act 1901.\n\n> Note: Section 28A of the Acts Interpretation Act 1901 deals with the service of documents.\n\n  (4) In this section:\n\n> this Act includes:\n\n    (a) the voucher rules; and\n    (b) the accreditation scheme; and\n    (c) the rules of conduct.\n\n#### 50 Regulations\n\n  The Governor‑General may make regulations prescribing matters:\n    (a) required or permitted by this Act to be prescribed; or\n    (b) necessary or convenient to be prescribed for carrying out or giving effect to this Act.","sortOrder":10},{"sectionNumber":"Division 1","sectionType":"division","heading":"Simplified outline","content":"An Act relating to hearing services\n\n## Part 1—Preliminary\n\n#### 1 Short title\n\n  This Act may be cited as the Hearing Services Administration Act 1997.\n\n#### 2 Commencement\n\n  This Act commences on the day on which it receives the Royal Assent.\n\n#### 3 Simplified outline\n\n  The following is a simplified outline of this Act:\n\n• This Act sets up a scheme under which hearing services are provided to voucher‑holders by contracted service providers.\n\n• The Minister may determine that specified persons are participants in the voucher system.\n\n• Vouchers may be issued to participants in the voucher system.\n\n• The Minister may accredit service providers and engage accredited service providers to provide hearing services to voucher‑holders.\n\n#### 4 Definitions\n\n  In this Act, unless the contrary intention appears:\n\n> accreditation means accreditation under the accreditation scheme.\n\n> accreditation scheme means the scheme in force under section 15.\n\n> accredited service provider means an entity accredited under the accreditation scheme.\n\n> AHS means Australian Hearing Services.\n\n> available, in relation to a hearing service, has the meaning given by section 13.\n\n> Australian permanent resident means a person in Australia whose presence in Australia is not subject to any limitation as to time imposed by law.\n\n> Chief Executive Medicare has the same meaning as in the Human Services (Medicare) Act 1973.\n\n> contracted service provider means an accredited service provider engaged under section 20.\n\n> data processing device means any article or material (for example, a disk) from which information is capable of being reproduced, with or without the aid of any other article or device.\n\n> eligible person has the meaning given by clause 5.\n\n> entity means:\n\n    (a) an individual; or\n    (b) a body corporate; or\n    (c) a partnership; or\n    (d) an authority of the Commonwealth, a State or a Territory; or\n    (e) a Department of the Government of the Commonwealth, a State or a Territory.\n\n> hearing services means:\n\n    (a) services for purposes in connection with:\n    (i) hearing rehabilitation; or\n    (ii) assessment of hearing; or\n    (iii) hearing loss prevention; or\n    (b) goods for purposes in connection with:\n    (i) hearing rehabilitation; or\n    (ii) assessment of hearing; or\n    (iii) hearing loss prevention.\n\n> participant in the voucher system has the meaning given by section 13.\n\n> rules of conduct means rules of conduct formulated under section 17.\n\n> voucher means a voucher issued under section 10.\n\n> voucher‑holder means a participant in the voucher system who holds a voucher.\n\n> voucher rules means rules formulated under section 11.\n\n#### 5 Eligible persons\n\n  (1) For the purposes of this Act, a person is an eligible person if the person:\n    (a) has reached the age of 21 years; and\n    (b) is an Australian citizen or an Australian permanent resident; and\n    (c) is covered by one of the categories specified in subsection (2).\n  (2) The following categories are specified for the purposes of paragraph (1)(c):\n    (a) a person who holds a card issued by the Commonwealth and known as a Pensioner Concession Card;\n    (b) a person who:\n    (i) holds a card issued by the Commonwealth and known as a Health Care Card; and\n    (ii) holds that card because the person is in receipt of sickness allowance under the Social Security Act 1991;\n    (c) a person who holds a card issued by the Commonwealth and known as a Repatriation Health Card, where the card is expressed to be issued for all conditions;\n    (d) a person who, for purposes connected with obtaining treatment for an injury, disease or condition that involves hearing loss, holds a card issued by the Commonwealth and known as a Repatriation Health Card, where the card is expressed to be issued for specific conditions;\n    (f) a member of the Australian Defence Force;\n    (g) a person referred to the Minister in connection with the provision of an employment service under Part II of, or the provision of a service under a rehabilitation program under Part III of, the former Disability Services Act 1986.\n  (3) The Minister may, by legislative instrument, determine that a specified person is an eligible person for the purposes of this Act. The determination has effect accordingly.\n\n> Note: For specification by class, see subsection 13(3) of the Legislation Act 2003.\n\n#### 6 Crown to be bound\n\n  (1) This Act binds the Crown in right of the Commonwealth, of each of the States, of the Australian Capital Territory and of the Northern Territory.\n  (2) This Act does not make the Crown liable to be prosecuted for an offence.\n  (3) The protection in subsection (2) does not apply to an authority of the Crown.\n\n#### 6A Application of the Criminal Code\n\n  Chapter 2 of the Criminal Code applies to all offences against this Act.\n\n> Note: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.\n\n#### 7 Continuity of partnerships\n\n  For the purposes of this Act, a change in the composition of a partnership does not affect the continuity of the partnership.\n\n#### 8 General criteria for administration of this Act\n\n  (1) In administering this Act, due regard must be had to:\n    (a) the limited resources available to provide services and programs under this Act; and\n    (b) the need to consider equity and merit in accessing those resources.\n  (2) In this section:\n\n> this Act includes:\n\n    (a) the voucher rules; and\n    (b) the accreditation scheme; and\n    (c) the rules of conduct.\n\n## Part 2—Issue of vouchers to participants in the voucher system\n\n### Division 1—Simplified outline\n\n#### 9 Simplified outline\n\n  The following is a simplified outline of this Part:\n\n• Vouchers may be issued to participants in the voucher system.\n\n• The Minister may make rules relating to vouchers. The rules are to be known as the voucher rules.\n\n• The Minister may determine that specified persons are participants in the voucher system.\n\n• The Minister may determine that specified hearing services are available to a voucher‑holder under a voucher.\n\n### Division 2—Issue of vouchers by the Minister\n\n#### 10 Issue of vouchers by the Minister\n\n  The Minister has the function of issuing vouchers to participants in the voucher system.\n\n> Note: Participant in the voucher system is defined by section 13.\n\n#### 11 Voucher rules\n\n  (1) The Minister may, by legislative instrument, formulate rules relating to vouchers. The rules are to be known as the voucher rules.\n  (2) The voucher rules may make provision for the following:\n    (a) the duration of vouchers;\n    (b) the replacement of vouchers.\n  (3) The voucher rules may make provision for or in relation to a matter by conferring a power on the Minister.\n  (4) Subsections (2) and (3) do not, by implication, limit subsection (1).\n\n#### 12 Vouchers do not have effect before 1 July 1997\n\n  A voucher does not have effect before 1 July 1997.\n\n### Division 3—Participants in the voucher system\n\n#### 13 Participants in the voucher system\n\n  (1) The Minister may, by legislative instrument, determine that:\n    (a) each eligible person included in a specified class of eligible persons is a participant in the voucher system for the purposes of this Act; and\n    (b) in the event that the Minister issues a voucher to such a person during a specified period, one or more specified hearing services are available to the person under the voucher.\n  (2) The specification of a hearing service may be expressed to be subject to such conditions as are specified in the determination.\n  (3) A determination under this section has effect accordingly.\n\n## Part 3—Service providers\n\n### Division 1—Simplified outline\n\n#### 14 Simplified outline\n\n  The following is a simplified outline of this Part:\n\n• The Minister must formulate an accreditation scheme for the accreditation of entities as service providers.\n\n• The Minister may accredit entities as service providers under the accreditation scheme. The accreditation may be subject to conditions. An entity accredited by the Minister is to be known as an accredited service provider.\n\n• The Minister may engage an accredited service provider to provide available hearing services to voucher‑holders. A service provider engaged by the Minister is to be known as a contracted service provider.\n\n• The Minister must formulate rules of conduct that apply to contracted service providers in relation to the provision of hearing services to voucher‑holders.\n\n### Division 2—Accreditation\n\n#### 15 Accreditation of service providers\n\n  (1) The Minister must, by legislative instrument, formulate a scheme for the accreditation of entities as service providers. The scheme is to be known as the accreditation scheme.\n\n> Note 1: Entity is defined by section 4.\n\n> Note 2: Accreditation means that the entity is eligible to be engaged as a contracted service provider under section 20.\n\n  (2) The accreditation scheme must empower the Minister to make decisions:\n    (a) accrediting entities; and\n    (b) cancelling the accreditation of entities.\n  (3) The accreditation scheme may make provision for fees to be charged in respect of the making of applications under the scheme.\n  (4) The accreditation scheme may make provision for an entity to surrender its accreditation to the Minister.\n  (5) The accreditation scheme must make provision for and in relation to the keeping of a register by the Minister of entities accredited under the accreditation scheme. In particular, the accreditation scheme may make provision for the following:\n    (a) the register to be kept in such form and manner as the Minister directs;\n    (b) persons to inspect the register;\n    (c) persons to obtain information contained in the register;\n    (d) fees to be charged for such an inspection or providing such information.\n  (6) Subsections (2), (3), (4) and (5) do not, by implication, limit subsection (1).\n  (7) The Minister must give a free copy of the accreditation scheme to any person who requests a copy.\n\n#### 16 Conditions of accreditation\n\n  (1) The accreditation scheme must empower the Minister to accredit an entity subject to one or more conditions specified in the instrument of accreditation. The accreditation scheme may also empower the Minister to:\n    (a) impose one or more further conditions to which the accreditation is subject; and\n    (b) revoke or vary any condition:\n    (i) specified in the instrument of accreditation; or\n    (ii) imposed under paragraph (a).\n  (2) A condition may be expressed to have effect only if the entity is engaged under section 20.\n  (3) A condition of an accreditation may make provision for or in relation to a matter by conferring a power on the Minister.\n  (4) The accreditation scheme may empower the Minister to make a decision cancelling the accreditation of an entity if the entity contravenes a condition of the accreditation. This subsection does not, by implication, limit paragraph 15(2)(b).\n  (5) The accreditation scheme may empower the Minister to issue a formal warning if an entity contravenes a condition of its accreditation.\n  (6) Subsections (2), (3), (4) and (5) do not, by implication, limit subsection (1).\n\n#### 17 Rules of conduct\n\n  (1) The Minister must, by legislative instrument, formulate rules of conduct relating to the provision of hearing services to voucher‑holders.\n  (2) Rules of conduct have effect only for the purposes of section 18.\n\n> Note: Section 18 provides that compliance with rules of conduct is a condition of an entity’s accreditation.\n\n  (3) Rules of conduct may make provision for or in relation to a matter by conferring a power on the Minister.\n  (4) Rules of conduct may prohibit or regulate the charging of fees or other consideration payable by a voucher‑holder, where the fee or consideration is in respect of the provision by an accredited service provider of a hearing service that is available to the holder under the voucher.\n  (5) Rules of conduct may require an accredited service provider to:\n    (a) take all reasonable steps to ensure that each individual who (whether in the capacity of employee or otherwise) works, or is to work, for the service provider in the provision of specified hearing services to voucher‑holders holds such qualifications as are ascertained in accordance with the rules; and\n    (b) inform the Minister of the names and qualifications of those individuals.\n  (6) Subsections (3), (4) and (5) do not, by implication, limit subsection (1).\n\n#### 18 Compliance with rules of conduct\n\n  (1) In addition to the conditions to which an entity’s accreditation is subject under the accreditation scheme, the accreditation is subject to the condition mentioned in subsection (2).\n  (2) It is a condition of the accreditation of an entity that the entity must comply with the rules of conduct.\n  (3) The condition mentioned in subsection (2) has effect only if the entity is a contracted service provider.\n  (4) This section does not, by implication, limit the generality of section 16 (which deals with conditions under the accreditation scheme).\n\n#### 19 Disqualification for fraud, dishonesty etc.\n\n  (1) The Minister must not accredit an individual or a body corporate under the accreditation scheme at a particular time if the individual or body corporate is a disqualified person at that time.\n\n> Note: Disqualified person is defined by subsection (5).\n\n  (2) The Minister must not accredit a body corporate under the accreditation scheme at a particular time if any of the following individuals is a disqualified person at that time:\n    (a) a director of the body corporate;\n    (b) a secretary of the body corporate;\n    (c) a person (by whatever name called and whether or not a director of the body corporate) who is concerned in, or takes part in, the management of the body corporate.\n\n> Note: Disqualified person is defined by subsection (5).\n\n  (3) The Minister must not accredit a partnership under the accreditation scheme at a particular time if:\n    (a) in a case where a partner is an individual—the partner is a disqualified person at that time; or\n    (b) in a case where a partner is a body corporate—any of the following individuals is a disqualified person at that time:\n    (i) a director of the body corporate;\n    (ii) a secretary of the body corporate;\n    (iii) a person (by whatever name called and whether or not a director of the body corporate) who is concerned in, or takes part in, the management of the body corporate.\n\n> Note: Disqualified person is defined by subsection (5).\n\n  (4) The Minister must cancel the accreditation of an entity under the accreditation scheme at a particular time if, assuming that the entity had not been accredited at that time, the Minister would have been prevented by this section from accrediting the entity at that time.\n  (5) For the purposes of this section, a person is a disqualified person at a particular time if:\n    (a) the person has been convicted (whether before or after the commencement of this section) of a disqualifying offence (as defined by subsection (6)); and\n    (b) if the person was sentenced to imprisonment—the time occurs during the period:\n    (i) beginning when the person was convicted; and\n    (ii) ending 5 years after the person’s release from prison; and\n    (c) if the person was not sentenced to imprisonment—the time occurs during the period:\n    (i) beginning when the person was convicted; and\n    (ii) ending 5 years after the conviction.\n  (6) For the purposes of this section, each of the following offences is a disqualifying offence:\n    (a) an offence against section 136.1, 137.1 or 137.2 of the Criminal Code in respect of a statement that is made to a person who is exercising powers or performing functions under, or in connection with, subsection 21(2) of this Act;\n    (b) an offence that:\n    (i) is an offence against a law of the Commonwealth, a State, a Territory or a foreign country; and\n    (ii) involves fraud or dishonesty; and\n    (iii) is punishable by imprisonment for life or for a period, or maximum period, of at least 2 years.\n  (7) A reference in this section to a conviction of a person of an offence includes a reference to the making of an order under section 19B of the Crimes Act 1914, or under a corresponding provision of a law of a State, a Territory or a foreign country, in relation to a person in respect of an offence.\n\n> Note: Section 19B of the Crimes Act 1914 empowers a court that has found a person to have committed an offence to take action without proceeding to record a conviction.\n\n  (8) This section does not, by implication, limit the generality of sections 15 and 16 (which deal with the accreditation scheme).\n  (9) This section does not affect the operation of Part VIIC of the Crimes Act 1914 (which includes provisions relieving persons from requirements to disclose convictions).\n\n### Division 3—Contracted service providers\n\n#### 20 Contracted service providers\n\n  (1) The Minister may, on behalf of the Commonwealth, engage an accredited service provider to provide hearing services to voucher‑holders, where each hearing service is available to the holder under the voucher. An accredited service provider engaged under this section is to be known as a contracted service provider.\n  (2) The terms and conditions of the engagement are to be set out in a written agreement between the Minister (on behalf of the Commonwealth) and the contracted service provider. The terms and conditions must be consistent with the accreditation scheme and the rules of conduct.\n  (3) Each condition of the accreditation of the contracted service provider is taken to be a condition of the engagement. This subsection does not limit subsection (2).\n  (4) The cancellation or surrender of the accreditation of the contracted service provider terminates the engagement without giving the service provider any entitlement to compensation or damages. This subsection does not limit subsection (2).\n  (5) AHS may enter into an agreement under this section at any time after the commencement of this section.\n\n#### 21 Payments to contracted service providers\n\n  (1) An agreement under section 20 may provide for amounts to be paid by the Commonwealth to a contracted service provider. This subsection does not limit subsection 20(2).\n  (2) A payment referred to in subsection (1) must not be paid unless:\n    (a) a claim for the payment is given to the claims acceptance body; and\n    (b) the claims acceptance body accepts the claim on behalf of the Commonwealth.\n  (3) The claims acceptance body may authorise a claim for payment to be given to the claims acceptance body in accordance with specified software requirements:\n    (a) on a specified kind of data processing device; or\n    (b) by way of a specified kind of electronic transmission.\n  (4) A payment referred to in subsection (1) may be made by the claims payment body on behalf of the Commonwealth.\n  (6) The Minister may, by writing, declare that a specified body is the claims acceptance body for the purposes of this section. The declaration has effect accordingly.\n  (7) The Minister may, by writing, declare that a specified body is the claims payment body for the purposes of this section. The declaration has effect accordingly.\n  (8) This section does not prevent the claims acceptance body from being the same body as the claims payment body.\n  (9) The Minister must not make a determination under subsection (6) or (7) in relation to an incorporated company unless the company consents to the making of the determination.\n  (10) In this section:\n\n> body means:\n\n    (a) the Department; or\n    (b) an authority of the Commonwealth; or\n    (c) an incorporated company; or\n    (d) the Chief Executive Medicare.\n\n#### 23 Repayments by contracted service providers\n\n  (1) If:\n    (a) an amount is paid to an entity as mentioned in subsection 21(1); and\n    (b) the amount is paid subject to a condition (whether a condition precedent or a condition subsequent); and\n    (c) the condition was contravened;\n  the entity is liable to repay the amount to the Commonwealth.\n  (2) A payment to an entity as mentioned in subsection 21(1) is taken to be made subject to a condition that a false or misleading statement has not been made by or on behalf of the entity in connection with a claim for the payment.\n  (3) This section does not, by implication, limit the generality of subsection 20(2) (which deals with the terms and conditions of the engagement of contracted service providers).\n\n#### 24 Recovery of overpayments etc.\n\n  (1) For the purposes of this section, each of the following amounts is a service provider debt:\n    (a) so much of an amount paid, or purportedly paid, to an entity as mentioned in subsection 21(1) as represents an overpayment;\n    (b) an amount that is repayable as mentioned in section 23 (which deals with conditional payments).\n  (2) A service provider debt is a debt due to the Commonwealth.\n  (3) A service provider debt may be recovered by the Commonwealth by action in a court of competent jurisdiction.\n  (4) If an entity is liable to pay a service provider debt, the service provider debt may be deducted from one or more other amounts that are payable to the entity as mentioned in subsection 21(1), and if it is so deducted, the other amounts are taken to have been paid to the entity to the extent of the deduction.\n\n## Part 4—Administration\n\n#### 25 Simplified outline\n\n  The following is a simplified outline of this Part:\n\n• The Minister must establish a complaints‑handling mechanism.\n\n• The Minister may delegate powers conferred on the Minister by this Act.\n\n#### 26 Arrangements for dealing with complaints\n\n  The Minister must take all reasonable steps to ensure that there are at all times in force arrangements under which:\n    (a) a participant in the voucher system has the right to make a complaint about the provision to the participant of hearing services in accordance with an agreement under Part 3; and\n    (b) a complaint so made will be properly considered and dealt with within 90 days after it was made.\n\n#### 27 Delegation\n\n  (1) The Minister may, by writing, delegate all or any of the Minister’s functions and powers under this Act to:\n    (a) the Secretary of the Department; or\n    (b) any other officer of the Department.\n  (2) Subsection (1) does not apply to the Minister’s powers to make an instrument under subsection 5(3), 11(1), 13(1), 15(1) or 17(1).\n  (3) In this section:\n\n> this Act includes:\n\n    (a) the voucher rules; and\n    (b) the accreditation scheme; and\n    (c) the rules of conduct.\n\n## Part 5—Review of decisions\n\n#### 28 Simplified outline\n\n  The following is a simplified outline of this Part:\n\n• Certain decisions of the Minister may be reviewed by the Administrative Review Tribunal following a process of reconsideration by the Minister.\n\n#### 29 Decisions that may be subject to reconsideration by the Minister\n\n  An application may be made to the Minister for reconsideration of any of the following decisions:\n    (a) a decision by the Minister refusing to issue a voucher to a participant in the voucher system;\n    (b) a decision made by the Minister under the voucher rules;\n    (c) a decision made by the Minister under the accreditation scheme;\n    (d) a decision made by the Minister under a condition of accreditation;\n    (e) a decision made by the Minister under the rules of conduct;\n    (f) a decision of the Minister made under section 19 (which deals with disqualification for fraud, dishonesty etc.).\n\n#### 30 Statements to accompany notification of decisions\n\n  (1) If the Minister makes a decision of a kind referred to in section 29 and gives written notice of the decision to a person whose interests are affected by the decision, the notice must include:\n    (a) a statement to the effect that a person affected by the decision may, if he or she is dissatisfied with the decision, seek a reconsideration of the decision by the Minister under subsection 31(1); and\n    (b) a statement to the effect that, if a person who has applied for a reconsideration is dissatisfied with the Minister’s decision on the reconsideration:\n    (i) subject to the Administrative Review Tribunal Act 2024, application may be made to the Administrative Review Tribunal for review of the decision on that reconsideration; and\n    (ii) the person may, under section 268 of that Act, request a statement of reasons for the decision on that reconsideration.\n  (2) Failure to comply with this section does not affect the validity of a decision.\n\n#### 31 Applications for reconsideration of decisions\n\n  (1) A person affected by a decision of a kind referred to in section 29 who is dissatisfied with the decision may apply to the Minister for the Minister to reconsider the decision.\n  (2) The application must:\n    (a) be in a form approved in writing by the Minister; and\n    (b) set out the reasons for the application.\n  (3) The application must be made within:\n    (a) 28 days after the applicant is informed of the decision; or\n    (b) if, either before or after the end of that period of 28 days, the Minister extends the period within which the application may be made—the extended period for making the application.\n  (4) An approved form of an application may provide for verification by statutory declaration of statements in applications.\n\n#### 32 Reconsideration by the Minister\n\n  (1) Upon receiving such an application, the Minister must:\n    (a) reconsider the decision; and\n    (b) affirm, vary or revoke the decision.\n  (2) The Minister’s decision on reconsideration of a decision has effect as if it had been made under the provision under which the original decision was made.\n  (3) The Minister must give to the applicant a notice stating the Minister’s decision on the reconsideration together with a statement of the Minister’s reasons for the Minister’s decision.\n\n#### 33 Deadlines for reconsiderations\n\n  (1) The Minister must make his or her decision on reconsideration of a decision within 90 days after receiving an application for reconsideration.\n  (2) The Minister is taken, for the purposes of this Part, to have made a decision affirming the original decision if the Minister has not informed the applicant of the Minister’s decision on the reconsideration before the end of the period of 90 days.\n\n#### 34 Statements to accompany notification of decisions on reconsideration\n\n  (1) A notice under subsection 32(3) notifying the applicant that a decision has been affirmed or varied must include:\n    (a) a statement to the effect that a person whose interests are affected by the decision so affirmed or varied may, subject to the Administrative Review Tribunal Act 2024, apply to the Administrative Review Tribunal for review of the decision; and\n    (b) a statement to the effect that the person may, under section 268 of that Act, request a statement of reasons for the decision so affirmed or varied.\n  (2) Failure to comply with this section does not affect the validity of a decision.\n\n#### 35 Review by the Administrative Review Tribunal\n\n  Applications may be made to the Administrative Review Tribunal to review a decision of a kind referred to in section 29 if the Minister has affirmed or varied the decision under section 32.\n\n## Part 6—Injunctions\n\n#### 36 Simplified outline\n\n  The following is a simplified outline of this Part:\n\n The Federal Court may grant injunctions in relation to contraventions of:\n\n(a) this Act; or\n\n(b) the voucher rules; and\n\n(c) a condition of an accreditation; or\n\n(d) an agreement under section 20.\n\n#### 37 Injunctions\n\n  Restraining injunctions\n  (1) If an entity has engaged, is engaging or is proposing to engage, in any conduct in contravention of:\n    (a) this Act; or\n    (b) the voucher rules; or\n    (c) if the entity is accredited under the accreditation scheme—a condition of that accreditation; or\n    (d) if the entity is engaged under section 20—an agreement under that section;\n  the Federal Court may, on the application of the Minister, grant an injunction:\n    (e) restraining the entity from engaging in the conduct; and\n    (f) if, in the court’s opinion, it is desirable to do so—requiring the entity to do something.\n  Performance injunctions\n  (2) If:\n    (a) an entity has refused or failed, or is refusing or failing, or is proposing to refuse or fail, to do an act or thing; and\n    (b) the refusal or failure was, is or would be a contravention of:\n    (i) this Act; or\n    (ii) the voucher rules; or\n    (iii) if the entity is accredited under the accreditation scheme—a condition of that accreditation; or\n    (iv) if the entity is engaged under section 20—an agreement under that section;\n  the Federal Court may, on the application of the Minister, grant an injunction requiring the entity to do that act or thing.\n\n#### 38 Interim injunctions\n\n  Grant of interim injunction\n  (1) If an application is made to the court for an injunction under section 37, the court may, before considering the application, grant an interim injunction restraining an entity from engaging in conduct of a kind referred to in that section.\n  No undertakings as to damages\n  (2) The court is not to require an applicant for an injunction under section 37, as a condition of granting an interim injunction, to give any undertakings as to damages.\n\n#### 39 Discharge etc. of injunctions\n\n  The court may discharge or vary an injunction granted under this Part.\n\n#### 40 Certain limits on granting injunctions not to apply\n\n  Restraining injunctions\n  (1) The power of the court under this Part to grant an injunction restraining an entity from engaging in conduct of a particular kind may be exercised:\n    (a) if the court is satisfied that the entity has engaged in conduct of that kind—whether or not it appears to the court that the entity intends to engage again, or to continue to engage, in conduct of that kind; or\n    (b) if it appears to the court that, if an injunction is not granted, it is likely that the entity will engage in conduct of that kind—whether or not the entity has previously engaged in conduct of that kind and whether or not there is an imminent danger of substantial damage to any entity if the entity engages in conduct of that kind.\n  Performance injunctions\n  (2) The power of the court to grant an injunction requiring an entity to do an act or thing may be exercised:\n    (a) if the court is satisfied that the entity has refused or failed to do that act or thing—whether or not it appears to the court that the entity intends to refuse or fail again, or to continue to refuse or fail, to do that act or thing; or\n    (b) if it appears to the court that, if an injunction is not granted, it is likely that the entity will refuse or fail to do that act or thing—whether or not the entity has previously refused or failed to do that act or thing and whether or not there is an imminent danger of substantial damage to any entity if the entity refuses or fails to do that act or thing.\n\n#### 41 Other powers of the court unaffected\n\n  The powers conferred on the court under this Part are in addition to, and not instead of, any other powers of the court, whether conferred by this Act or otherwise.\n\n## Part 7—Vicarious liability\n\n#### 42 Simplified outline\n\n  The following is a simplified outline of this Part:\n\n• This Part deals with proof in civil proceedings of matters that involve employees, agents etc.\n\n#### 43 Liability of corporations\n\n  State of mind\n  (1) If, in a civil proceeding under this Act in respect of conduct engaged in by a corporation, it is necessary to establish the state of mind of the corporation, it is sufficient to show that:\n    (a) a director, employee or agent of the corporation engaged in that conduct; and\n    (b) the director, employee or agent was, in engaging in that conduct, acting within the scope of his or her actual or apparent authority; and\n    (c) the director, employee or agent had that state of mind.\n  Conduct\n  (2) If:\n    (a) conduct is engaged in on behalf of a corporation by a director, employee or agent of the corporation; and\n    (b) the conduct is within the scope of his or her actual or apparent authority;\n  the conduct is taken, for the purposes of a civil proceeding under this Act, to have been engaged in by the corporation unless the corporation establishes that it took reasonable precautions and exercised due diligence to avoid the conduct.\n  Extended meaning of state of mind\n  (3) A reference in subsection (1) to the state of mind of a person includes a reference to:\n    (a) the knowledge, intention, opinion, belief or purpose of the person; and\n    (b) the person’s reasons for the intention, opinion, belief or purpose.\n  Extended meaning of director\n  (4) A reference in this section to a director of a corporation includes a reference to a constituent member of a body corporate incorporated for a public purpose by a law of the Commonwealth, a State or a Territory.\n  Extended meaning of engaging in conduct\n  (5) A reference in this section to engaging in conduct includes a reference to failing or refusing to engage in conduct.\n\n#### 44 Liability of persons other than corporations\n\n  State of mind\n  (1) If, in civil proceedings under this Act in respect of conduct engaged in by a person other than a corporation, it is necessary to establish the state of mind of the person, it is sufficient to show that:\n    (a) the conduct was engaged in by an employee or agent of the person within the scope of his or her actual or apparent authority; and\n    (b) the employee or agent had that state of mind.\n  Conduct\n  (2) If:\n    (a) conduct is engaged in on behalf of a person other than a corporation by an employee or agent of the person; and\n    (b) the conduct is within the employee’s or agent’s actual or apparent authority;\n  the conduct is taken, for the purposes of a civil proceeding under this Act, to have been engaged in by the person unless the person establishes that he or she took reasonable precautions and exercised due diligence to avoid the conduct.\n  Extended meaning of state of mind\n  (3) A reference in this section to the state of mind of a person includes a reference to:\n    (a) the knowledge, intention, opinion, belief or purpose of the person; and\n    (b) the person’s reasons for the intention, opinion, belief or purpose.\n  Extended meaning of engaging in conduct\n  (4) A reference in this section to engaging in conduct includes a reference to failing or refusing to engage in conduct.\n\n## Part 8—Miscellaneous\n\n#### 45 Simplified outline\n\n  The following is a simplified outline of this Part:\n\n• The Criminal Code applies to offences against this Act.\n\n• Partnerships are to be treated as persons for the purposes of this Act.\n\n• Provision is made in relation to the service of documents.\n\n• The Governor‑General may make regulations for the purposes of this Act.\n\n#### 46 Application of Criminal Code\n\n  Chapter 2 of the Criminal Code applies to all offences against this Act.\n\n#### 47 Treatment of partnerships\n\n  This Act applies to a partnership as if the partnership were a person. However, obligations that would be imposed on the partnership are imposed instead on each partner, but may be discharged by any of the partners.\n\n#### 48 Giving of documents to partnerships\n\n  For the purposes of this Act, if a document is given to a partner of a partnership in accordance with section 28A of the Acts Interpretation Act 1901, the document is taken to have been given to the partnership.\n\n#### 49 Nomination of address for service of documents\n\n  (1) For the purposes of this Act, a person may nominate an address for service in:\n    (a) an application made by the person under this Act; or\n    (b) any other document given by the person to the Minister.\n  The address must be in Australia.\n  (2) For the purposes of this Act, a document may be given to the person by leaving it at, or by sending it by pre‑paid post to, the nominated address for service.\n  (3) Subsection (2) has effect in addition to section 28A of the Acts Interpretation Act 1901.\n\n> Note: Section 28A of the Acts Interpretation Act 1901 deals with the service of documents.\n\n  (4) In this section:\n\n> this Act includes:\n\n    (a) the voucher rules; and\n    (b) the accreditation scheme; and\n    (c) the rules of conduct.\n\n#### 50 Regulations\n\n  The Governor‑General may make regulations prescribing matters:\n    (a) required or permitted by this Act to be prescribed; or\n    (b) necessary or convenient to be prescribed for carrying out or giving effect to this Act.","sortOrder":11},{"sectionNumber":"9","sectionType":"section","heading":"Simplified outline","content":"#### 9 Simplified outline\n\n  The following is a simplified outline of this Part:\n\n• Vouchers may be issued to participants in the voucher system.\n\n• The Minister may make rules relating to vouchers. The rules are to be known as the voucher rules.\n\n• The Minister may determine that specified persons are participants in the voucher system.\n\n• The Minister may determine that specified hearing services are available to a voucher‑holder under a voucher.","sortOrder":12},{"sectionNumber":"Division 2","sectionType":"division","heading":"Issue of vouchers by the Minister","content":"An Act relating to hearing services\n\n## Part 1—Preliminary\n\n#### 1 Short title\n\n  This Act may be cited as the Hearing Services Administration Act 1997.\n\n#### 2 Commencement\n\n  This Act commences on the day on which it receives the Royal Assent.\n\n#### 3 Simplified outline\n\n  The following is a simplified outline of this Act:\n\n• This Act sets up a scheme under which hearing services are provided to voucher‑holders by contracted service providers.\n\n• The Minister may determine that specified persons are participants in the voucher system.\n\n• Vouchers may be issued to participants in the voucher system.\n\n• The Minister may accredit service providers and engage accredited service providers to provide hearing services to voucher‑holders.\n\n#### 4 Definitions\n\n  In this Act, unless the contrary intention appears:\n\n> accreditation means accreditation under the accreditation scheme.\n\n> accreditation scheme means the scheme in force under section 15.\n\n> accredited service provider means an entity accredited under the accreditation scheme.\n\n> AHS means Australian Hearing Services.\n\n> available, in relation to a hearing service, has the meaning given by section 13.\n\n> Australian permanent resident means a person in Australia whose presence in Australia is not subject to any limitation as to time imposed by law.\n\n> Chief Executive Medicare has the same meaning as in the Human Services (Medicare) Act 1973.\n\n> contracted service provider means an accredited service provider engaged under section 20.\n\n> data processing device means any article or material (for example, a disk) from which information is capable of being reproduced, with or without the aid of any other article or device.\n\n> eligible person has the meaning given by clause 5.\n\n> entity means:\n\n    (a) an individual; or\n    (b) a body corporate; or\n    (c) a partnership; or\n    (d) an authority of the Commonwealth, a State or a Territory; or\n    (e) a Department of the Government of the Commonwealth, a State or a Territory.\n\n> hearing services means:\n\n    (a) services for purposes in connection with:\n    (i) hearing rehabilitation; or\n    (ii) assessment of hearing; or\n    (iii) hearing loss prevention; or\n    (b) goods for purposes in connection with:\n    (i) hearing rehabilitation; or\n    (ii) assessment of hearing; or\n    (iii) hearing loss prevention.\n\n> participant in the voucher system has the meaning given by section 13.\n\n> rules of conduct means rules of conduct formulated under section 17.\n\n> voucher means a voucher issued under section 10.\n\n> voucher‑holder means a participant in the voucher system who holds a voucher.\n\n> voucher rules means rules formulated under section 11.\n\n#### 5 Eligible persons\n\n  (1) For the purposes of this Act, a person is an eligible person if the person:\n    (a) has reached the age of 21 years; and\n    (b) is an Australian citizen or an Australian permanent resident; and\n    (c) is covered by one of the categories specified in subsection (2).\n  (2) The following categories are specified for the purposes of paragraph (1)(c):\n    (a) a person who holds a card issued by the Commonwealth and known as a Pensioner Concession Card;\n    (b) a person who:\n    (i) holds a card issued by the Commonwealth and known as a Health Care Card; and\n    (ii) holds that card because the person is in receipt of sickness allowance under the Social Security Act 1991;\n    (c) a person who holds a card issued by the Commonwealth and known as a Repatriation Health Card, where the card is expressed to be issued for all conditions;\n    (d) a person who, for purposes connected with obtaining treatment for an injury, disease or condition that involves hearing loss, holds a card issued by the Commonwealth and known as a Repatriation Health Card, where the card is expressed to be issued for specific conditions;\n    (f) a member of the Australian Defence Force;\n    (g) a person referred to the Minister in connection with the provision of an employment service under Part II of, or the provision of a service under a rehabilitation program under Part III of, the former Disability Services Act 1986.\n  (3) The Minister may, by legislative instrument, determine that a specified person is an eligible person for the purposes of this Act. The determination has effect accordingly.\n\n> Note: For specification by class, see subsection 13(3) of the Legislation Act 2003.\n\n#### 6 Crown to be bound\n\n  (1) This Act binds the Crown in right of the Commonwealth, of each of the States, of the Australian Capital Territory and of the Northern Territory.\n  (2) This Act does not make the Crown liable to be prosecuted for an offence.\n  (3) The protection in subsection (2) does not apply to an authority of the Crown.\n\n#### 6A Application of the Criminal Code\n\n  Chapter 2 of the Criminal Code applies to all offences against this Act.\n\n> Note: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.\n\n#### 7 Continuity of partnerships\n\n  For the purposes of this Act, a change in the composition of a partnership does not affect the continuity of the partnership.\n\n#### 8 General criteria for administration of this Act\n\n  (1) In administering this Act, due regard must be had to:\n    (a) the limited resources available to provide services and programs under this Act; and\n    (b) the need to consider equity and merit in accessing those resources.\n  (2) In this section:\n\n> this Act includes:\n\n    (a) the voucher rules; and\n    (b) the accreditation scheme; and\n    (c) the rules of conduct.\n\n## Part 2—Issue of vouchers to participants in the voucher system\n\n### Division 1—Simplified outline\n\n#### 9 Simplified outline\n\n  The following is a simplified outline of this Part:\n\n• Vouchers may be issued to participants in the voucher system.\n\n• The Minister may make rules relating to vouchers. The rules are to be known as the voucher rules.\n\n• The Minister may determine that specified persons are participants in the voucher system.\n\n• The Minister may determine that specified hearing services are available to a voucher‑holder under a voucher.\n\n### Division 2—Issue of vouchers by the Minister\n\n#### 10 Issue of vouchers by the Minister\n\n  The Minister has the function of issuing vouchers to participants in the voucher system.\n\n> Note: Participant in the voucher system is defined by section 13.\n\n#### 11 Voucher rules\n\n  (1) The Minister may, by legislative instrument, formulate rules relating to vouchers. The rules are to be known as the voucher rules.\n  (2) The voucher rules may make provision for the following:\n    (a) the duration of vouchers;\n    (b) the replacement of vouchers.\n  (3) The voucher rules may make provision for or in relation to a matter by conferring a power on the Minister.\n  (4) Subsections (2) and (3) do not, by implication, limit subsection (1).\n\n#### 12 Vouchers do not have effect before 1 July 1997\n\n  A voucher does not have effect before 1 July 1997.\n\n### Division 3—Participants in the voucher system\n\n#### 13 Participants in the voucher system\n\n  (1) The Minister may, by legislative instrument, determine that:\n    (a) each eligible person included in a specified class of eligible persons is a participant in the voucher system for the purposes of this Act; and\n    (b) in the event that the Minister issues a voucher to such a person during a specified period, one or more specified hearing services are available to the person under the voucher.\n  (2) The specification of a hearing service may be expressed to be subject to such conditions as are specified in the determination.\n  (3) A determination under this section has effect accordingly.\n\n## Part 3—Service providers\n\n### Division 1—Simplified outline\n\n#### 14 Simplified outline\n\n  The following is a simplified outline of this Part:\n\n• The Minister must formulate an accreditation scheme for the accreditation of entities as service providers.\n\n• The Minister may accredit entities as service providers under the accreditation scheme. The accreditation may be subject to conditions. An entity accredited by the Minister is to be known as an accredited service provider.\n\n• The Minister may engage an accredited service provider to provide available hearing services to voucher‑holders. A service provider engaged by the Minister is to be known as a contracted service provider.\n\n• The Minister must formulate rules of conduct that apply to contracted service providers in relation to the provision of hearing services to voucher‑holders.\n\n### Division 2—Accreditation\n\n#### 15 Accreditation of service providers\n\n  (1) The Minister must, by legislative instrument, formulate a scheme for the accreditation of entities as service providers. The scheme is to be known as the accreditation scheme.\n\n> Note 1: Entity is defined by section 4.\n\n> Note 2: Accreditation means that the entity is eligible to be engaged as a contracted service provider under section 20.\n\n  (2) The accreditation scheme must empower the Minister to make decisions:\n    (a) accrediting entities; and\n    (b) cancelling the accreditation of entities.\n  (3) The accreditation scheme may make provision for fees to be charged in respect of the making of applications under the scheme.\n  (4) The accreditation scheme may make provision for an entity to surrender its accreditation to the Minister.\n  (5) The accreditation scheme must make provision for and in relation to the keeping of a register by the Minister of entities accredited under the accreditation scheme. In particular, the accreditation scheme may make provision for the following:\n    (a) the register to be kept in such form and manner as the Minister directs;\n    (b) persons to inspect the register;\n    (c) persons to obtain information contained in the register;\n    (d) fees to be charged for such an inspection or providing such information.\n  (6) Subsections (2), (3), (4) and (5) do not, by implication, limit subsection (1).\n  (7) The Minister must give a free copy of the accreditation scheme to any person who requests a copy.\n\n#### 16 Conditions of accreditation\n\n  (1) The accreditation scheme must empower the Minister to accredit an entity subject to one or more conditions specified in the instrument of accreditation. The accreditation scheme may also empower the Minister to:\n    (a) impose one or more further conditions to which the accreditation is subject; and\n    (b) revoke or vary any condition:\n    (i) specified in the instrument of accreditation; or\n    (ii) imposed under paragraph (a).\n  (2) A condition may be expressed to have effect only if the entity is engaged under section 20.\n  (3) A condition of an accreditation may make provision for or in relation to a matter by conferring a power on the Minister.\n  (4) The accreditation scheme may empower the Minister to make a decision cancelling the accreditation of an entity if the entity contravenes a condition of the accreditation. This subsection does not, by implication, limit paragraph 15(2)(b).\n  (5) The accreditation scheme may empower the Minister to issue a formal warning if an entity contravenes a condition of its accreditation.\n  (6) Subsections (2), (3), (4) and (5) do not, by implication, limit subsection (1).\n\n#### 17 Rules of conduct\n\n  (1) The Minister must, by legislative instrument, formulate rules of conduct relating to the provision of hearing services to voucher‑holders.\n  (2) Rules of conduct have effect only for the purposes of section 18.\n\n> Note: Section 18 provides that compliance with rules of conduct is a condition of an entity’s accreditation.\n\n  (3) Rules of conduct may make provision for or in relation to a matter by conferring a power on the Minister.\n  (4) Rules of conduct may prohibit or regulate the charging of fees or other consideration payable by a voucher‑holder, where the fee or consideration is in respect of the provision by an accredited service provider of a hearing service that is available to the holder under the voucher.\n  (5) Rules of conduct may require an accredited service provider to:\n    (a) take all reasonable steps to ensure that each individual who (whether in the capacity of employee or otherwise) works, or is to work, for the service provider in the provision of specified hearing services to voucher‑holders holds such qualifications as are ascertained in accordance with the rules; and\n    (b) inform the Minister of the names and qualifications of those individuals.\n  (6) Subsections (3), (4) and (5) do not, by implication, limit subsection (1).\n\n#### 18 Compliance with rules of conduct\n\n  (1) In addition to the conditions to which an entity’s accreditation is subject under the accreditation scheme, the accreditation is subject to the condition mentioned in subsection (2).\n  (2) It is a condition of the accreditation of an entity that the entity must comply with the rules of conduct.\n  (3) The condition mentioned in subsection (2) has effect only if the entity is a contracted service provider.\n  (4) This section does not, by implication, limit the generality of section 16 (which deals with conditions under the accreditation scheme).\n\n#### 19 Disqualification for fraud, dishonesty etc.\n\n  (1) The Minister must not accredit an individual or a body corporate under the accreditation scheme at a particular time if the individual or body corporate is a disqualified person at that time.\n\n> Note: Disqualified person is defined by subsection (5).\n\n  (2) The Minister must not accredit a body corporate under the accreditation scheme at a particular time if any of the following individuals is a disqualified person at that time:\n    (a) a director of the body corporate;\n    (b) a secretary of the body corporate;\n    (c) a person (by whatever name called and whether or not a director of the body corporate) who is concerned in, or takes part in, the management of the body corporate.\n\n> Note: Disqualified person is defined by subsection (5).\n\n  (3) The Minister must not accredit a partnership under the accreditation scheme at a particular time if:\n    (a) in a case where a partner is an individual—the partner is a disqualified person at that time; or\n    (b) in a case where a partner is a body corporate—any of the following individuals is a disqualified person at that time:\n    (i) a director of the body corporate;\n    (ii) a secretary of the body corporate;\n    (iii) a person (by whatever name called and whether or not a director of the body corporate) who is concerned in, or takes part in, the management of the body corporate.\n\n> Note: Disqualified person is defined by subsection (5).\n\n  (4) The Minister must cancel the accreditation of an entity under the accreditation scheme at a particular time if, assuming that the entity had not been accredited at that time, the Minister would have been prevented by this section from accrediting the entity at that time.\n  (5) For the purposes of this section, a person is a disqualified person at a particular time if:\n    (a) the person has been convicted (whether before or after the commencement of this section) of a disqualifying offence (as defined by subsection (6)); and\n    (b) if the person was sentenced to imprisonment—the time occurs during the period:\n    (i) beginning when the person was convicted; and\n    (ii) ending 5 years after the person’s release from prison; and\n    (c) if the person was not sentenced to imprisonment—the time occurs during the period:\n    (i) beginning when the person was convicted; and\n    (ii) ending 5 years after the conviction.\n  (6) For the purposes of this section, each of the following offences is a disqualifying offence:\n    (a) an offence against section 136.1, 137.1 or 137.2 of the Criminal Code in respect of a statement that is made to a person who is exercising powers or performing functions under, or in connection with, subsection 21(2) of this Act;\n    (b) an offence that:\n    (i) is an offence against a law of the Commonwealth, a State, a Territory or a foreign country; and\n    (ii) involves fraud or dishonesty; and\n    (iii) is punishable by imprisonment for life or for a period, or maximum period, of at least 2 years.\n  (7) A reference in this section to a conviction of a person of an offence includes a reference to the making of an order under section 19B of the Crimes Act 1914, or under a corresponding provision of a law of a State, a Territory or a foreign country, in relation to a person in respect of an offence.\n\n> Note: Section 19B of the Crimes Act 1914 empowers a court that has found a person to have committed an offence to take action without proceeding to record a conviction.\n\n  (8) This section does not, by implication, limit the generality of sections 15 and 16 (which deal with the accreditation scheme).\n  (9) This section does not affect the operation of Part VIIC of the Crimes Act 1914 (which includes provisions relieving persons from requirements to disclose convictions).\n\n### Division 3—Contracted service providers\n\n#### 20 Contracted service providers\n\n  (1) The Minister may, on behalf of the Commonwealth, engage an accredited service provider to provide hearing services to voucher‑holders, where each hearing service is available to the holder under the voucher. An accredited service provider engaged under this section is to be known as a contracted service provider.\n  (2) The terms and conditions of the engagement are to be set out in a written agreement between the Minister (on behalf of the Commonwealth) and the contracted service provider. The terms and conditions must be consistent with the accreditation scheme and the rules of conduct.\n  (3) Each condition of the accreditation of the contracted service provider is taken to be a condition of the engagement. This subsection does not limit subsection (2).\n  (4) The cancellation or surrender of the accreditation of the contracted service provider terminates the engagement without giving the service provider any entitlement to compensation or damages. This subsection does not limit subsection (2).\n  (5) AHS may enter into an agreement under this section at any time after the commencement of this section.\n\n#### 21 Payments to contracted service providers\n\n  (1) An agreement under section 20 may provide for amounts to be paid by the Commonwealth to a contracted service provider. This subsection does not limit subsection 20(2).\n  (2) A payment referred to in subsection (1) must not be paid unless:\n    (a) a claim for the payment is given to the claims acceptance body; and\n    (b) the claims acceptance body accepts the claim on behalf of the Commonwealth.\n  (3) The claims acceptance body may authorise a claim for payment to be given to the claims acceptance body in accordance with specified software requirements:\n    (a) on a specified kind of data processing device; or\n    (b) by way of a specified kind of electronic transmission.\n  (4) A payment referred to in subsection (1) may be made by the claims payment body on behalf of the Commonwealth.\n  (6) The Minister may, by writing, declare that a specified body is the claims acceptance body for the purposes of this section. The declaration has effect accordingly.\n  (7) The Minister may, by writing, declare that a specified body is the claims payment body for the purposes of this section. The declaration has effect accordingly.\n  (8) This section does not prevent the claims acceptance body from being the same body as the claims payment body.\n  (9) The Minister must not make a determination under subsection (6) or (7) in relation to an incorporated company unless the company consents to the making of the determination.\n  (10) In this section:\n\n> body means:\n\n    (a) the Department; or\n    (b) an authority of the Commonwealth; or\n    (c) an incorporated company; or\n    (d) the Chief Executive Medicare.\n\n#### 23 Repayments by contracted service providers\n\n  (1) If:\n    (a) an amount is paid to an entity as mentioned in subsection 21(1); and\n    (b) the amount is paid subject to a condition (whether a condition precedent or a condition subsequent); and\n    (c) the condition was contravened;\n  the entity is liable to repay the amount to the Commonwealth.\n  (2) A payment to an entity as mentioned in subsection 21(1) is taken to be made subject to a condition that a false or misleading statement has not been made by or on behalf of the entity in connection with a claim for the payment.\n  (3) This section does not, by implication, limit the generality of subsection 20(2) (which deals with the terms and conditions of the engagement of contracted service providers).\n\n#### 24 Recovery of overpayments etc.\n\n  (1) For the purposes of this section, each of the following amounts is a service provider debt:\n    (a) so much of an amount paid, or purportedly paid, to an entity as mentioned in subsection 21(1) as represents an overpayment;\n    (b) an amount that is repayable as mentioned in section 23 (which deals with conditional payments).\n  (2) A service provider debt is a debt due to the Commonwealth.\n  (3) A service provider debt may be recovered by the Commonwealth by action in a court of competent jurisdiction.\n  (4) If an entity is liable to pay a service provider debt, the service provider debt may be deducted from one or more other amounts that are payable to the entity as mentioned in subsection 21(1), and if it is so deducted, the other amounts are taken to have been paid to the entity to the extent of the deduction.\n\n## Part 4—Administration\n\n#### 25 Simplified outline\n\n  The following is a simplified outline of this Part:\n\n• The Minister must establish a complaints‑handling mechanism.\n\n• The Minister may delegate powers conferred on the Minister by this Act.\n\n#### 26 Arrangements for dealing with complaints\n\n  The Minister must take all reasonable steps to ensure that there are at all times in force arrangements under which:\n    (a) a participant in the voucher system has the right to make a complaint about the provision to the participant of hearing services in accordance with an agreement under Part 3; and\n    (b) a complaint so made will be properly considered and dealt with within 90 days after it was made.\n\n#### 27 Delegation\n\n  (1) The Minister may, by writing, delegate all or any of the Minister’s functions and powers under this Act to:\n    (a) the Secretary of the Department; or\n    (b) any other officer of the Department.\n  (2) Subsection (1) does not apply to the Minister’s powers to make an instrument under subsection 5(3), 11(1), 13(1), 15(1) or 17(1).\n  (3) In this section:\n\n> this Act includes:\n\n    (a) the voucher rules; and\n    (b) the accreditation scheme; and\n    (c) the rules of conduct.\n\n## Part 5—Review of decisions\n\n#### 28 Simplified outline\n\n  The following is a simplified outline of this Part:\n\n• Certain decisions of the Minister may be reviewed by the Administrative Review Tribunal following a process of reconsideration by the Minister.\n\n#### 29 Decisions that may be subject to reconsideration by the Minister\n\n  An application may be made to the Minister for reconsideration of any of the following decisions:\n    (a) a decision by the Minister refusing to issue a voucher to a participant in the voucher system;\n    (b) a decision made by the Minister under the voucher rules;\n    (c) a decision made by the Minister under the accreditation scheme;\n    (d) a decision made by the Minister under a condition of accreditation;\n    (e) a decision made by the Minister under the rules of conduct;\n    (f) a decision of the Minister made under section 19 (which deals with disqualification for fraud, dishonesty etc.).\n\n#### 30 Statements to accompany notification of decisions\n\n  (1) If the Minister makes a decision of a kind referred to in section 29 and gives written notice of the decision to a person whose interests are affected by the decision, the notice must include:\n    (a) a statement to the effect that a person affected by the decision may, if he or she is dissatisfied with the decision, seek a reconsideration of the decision by the Minister under subsection 31(1); and\n    (b) a statement to the effect that, if a person who has applied for a reconsideration is dissatisfied with the Minister’s decision on the reconsideration:\n    (i) subject to the Administrative Review Tribunal Act 2024, application may be made to the Administrative Review Tribunal for review of the decision on that reconsideration; and\n    (ii) the person may, under section 268 of that Act, request a statement of reasons for the decision on that reconsideration.\n  (2) Failure to comply with this section does not affect the validity of a decision.\n\n#### 31 Applications for reconsideration of decisions\n\n  (1) A person affected by a decision of a kind referred to in section 29 who is dissatisfied with the decision may apply to the Minister for the Minister to reconsider the decision.\n  (2) The application must:\n    (a) be in a form approved in writing by the Minister; and\n    (b) set out the reasons for the application.\n  (3) The application must be made within:\n    (a) 28 days after the applicant is informed of the decision; or\n    (b) if, either before or after the end of that period of 28 days, the Minister extends the period within which the application may be made—the extended period for making the application.\n  (4) An approved form of an application may provide for verification by statutory declaration of statements in applications.\n\n#### 32 Reconsideration by the Minister\n\n  (1) Upon receiving such an application, the Minister must:\n    (a) reconsider the decision; and\n    (b) affirm, vary or revoke the decision.\n  (2) The Minister’s decision on reconsideration of a decision has effect as if it had been made under the provision under which the original decision was made.\n  (3) The Minister must give to the applicant a notice stating the Minister’s decision on the reconsideration together with a statement of the Minister’s reasons for the Minister’s decision.\n\n#### 33 Deadlines for reconsiderations\n\n  (1) The Minister must make his or her decision on reconsideration of a decision within 90 days after receiving an application for reconsideration.\n  (2) The Minister is taken, for the purposes of this Part, to have made a decision affirming the original decision if the Minister has not informed the applicant of the Minister’s decision on the reconsideration before the end of the period of 90 days.\n\n#### 34 Statements to accompany notification of decisions on reconsideration\n\n  (1) A notice under subsection 32(3) notifying the applicant that a decision has been affirmed or varied must include:\n    (a) a statement to the effect that a person whose interests are affected by the decision so affirmed or varied may, subject to the Administrative Review Tribunal Act 2024, apply to the Administrative Review Tribunal for review of the decision; and\n    (b) a statement to the effect that the person may, under section 268 of that Act, request a statement of reasons for the decision so affirmed or varied.\n  (2) Failure to comply with this section does not affect the validity of a decision.\n\n#### 35 Review by the Administrative Review Tribunal\n\n  Applications may be made to the Administrative Review Tribunal to review a decision of a kind referred to in section 29 if the Minister has affirmed or varied the decision under section 32.\n\n## Part 6—Injunctions\n\n#### 36 Simplified outline\n\n  The following is a simplified outline of this Part:\n\n The Federal Court may grant injunctions in relation to contraventions of:\n\n(a) this Act; or\n\n(b) the voucher rules; and\n\n(c) a condition of an accreditation; or\n\n(d) an agreement under section 20.\n\n#### 37 Injunctions\n\n  Restraining injunctions\n  (1) If an entity has engaged, is engaging or is proposing to engage, in any conduct in contravention of:\n    (a) this Act; or\n    (b) the voucher rules; or\n    (c) if the entity is accredited under the accreditation scheme—a condition of that accreditation; or\n    (d) if the entity is engaged under section 20—an agreement under that section;\n  the Federal Court may, on the application of the Minister, grant an injunction:\n    (e) restraining the entity from engaging in the conduct; and\n    (f) if, in the court’s opinion, it is desirable to do so—requiring the entity to do something.\n  Performance injunctions\n  (2) If:\n    (a) an entity has refused or failed, or is refusing or failing, or is proposing to refuse or fail, to do an act or thing; and\n    (b) the refusal or failure was, is or would be a contravention of:\n    (i) this Act; or\n    (ii) the voucher rules; or\n    (iii) if the entity is accredited under the accreditation scheme—a condition of that accreditation; or\n    (iv) if the entity is engaged under section 20—an agreement under that section;\n  the Federal Court may, on the application of the Minister, grant an injunction requiring the entity to do that act or thing.\n\n#### 38 Interim injunctions\n\n  Grant of interim injunction\n  (1) If an application is made to the court for an injunction under section 37, the court may, before considering the application, grant an interim injunction restraining an entity from engaging in conduct of a kind referred to in that section.\n  No undertakings as to damages\n  (2) The court is not to require an applicant for an injunction under section 37, as a condition of granting an interim injunction, to give any undertakings as to damages.\n\n#### 39 Discharge etc. of injunctions\n\n  The court may discharge or vary an injunction granted under this Part.\n\n#### 40 Certain limits on granting injunctions not to apply\n\n  Restraining injunctions\n  (1) The power of the court under this Part to grant an injunction restraining an entity from engaging in conduct of a particular kind may be exercised:\n    (a) if the court is satisfied that the entity has engaged in conduct of that kind—whether or not it appears to the court that the entity intends to engage again, or to continue to engage, in conduct of that kind; or\n    (b) if it appears to the court that, if an injunction is not granted, it is likely that the entity will engage in conduct of that kind—whether or not the entity has previously engaged in conduct of that kind and whether or not there is an imminent danger of substantial damage to any entity if the entity engages in conduct of that kind.\n  Performance injunctions\n  (2) The power of the court to grant an injunction requiring an entity to do an act or thing may be exercised:\n    (a) if the court is satisfied that the entity has refused or failed to do that act or thing—whether or not it appears to the court that the entity intends to refuse or fail again, or to continue to refuse or fail, to do that act or thing; or\n    (b) if it appears to the court that, if an injunction is not granted, it is likely that the entity will refuse or fail to do that act or thing—whether or not the entity has previously refused or failed to do that act or thing and whether or not there is an imminent danger of substantial damage to any entity if the entity refuses or fails to do that act or thing.\n\n#### 41 Other powers of the court unaffected\n\n  The powers conferred on the court under this Part are in addition to, and not instead of, any other powers of the court, whether conferred by this Act or otherwise.\n\n## Part 7—Vicarious liability\n\n#### 42 Simplified outline\n\n  The following is a simplified outline of this Part:\n\n• This Part deals with proof in civil proceedings of matters that involve employees, agents etc.\n\n#### 43 Liability of corporations\n\n  State of mind\n  (1) If, in a civil proceeding under this Act in respect of conduct engaged in by a corporation, it is necessary to establish the state of mind of the corporation, it is sufficient to show that:\n    (a) a director, employee or agent of the corporation engaged in that conduct; and\n    (b) the director, employee or agent was, in engaging in that conduct, acting within the scope of his or her actual or apparent authority; and\n    (c) the director, employee or agent had that state of mind.\n  Conduct\n  (2) If:\n    (a) conduct is engaged in on behalf of a corporation by a director, employee or agent of the corporation; and\n    (b) the conduct is within the scope of his or her actual or apparent authority;\n  the conduct is taken, for the purposes of a civil proceeding under this Act, to have been engaged in by the corporation unless the corporation establishes that it took reasonable precautions and exercised due diligence to avoid the conduct.\n  Extended meaning of state of mind\n  (3) A reference in subsection (1) to the state of mind of a person includes a reference to:\n    (a) the knowledge, intention, opinion, belief or purpose of the person; and\n    (b) the person’s reasons for the intention, opinion, belief or purpose.\n  Extended meaning of director\n  (4) A reference in this section to a director of a corporation includes a reference to a constituent member of a body corporate incorporated for a public purpose by a law of the Commonwealth, a State or a Territory.\n  Extended meaning of engaging in conduct\n  (5) A reference in this section to engaging in conduct includes a reference to failing or refusing to engage in conduct.\n\n#### 44 Liability of persons other than corporations\n\n  State of mind\n  (1) If, in civil proceedings under this Act in respect of conduct engaged in by a person other than a corporation, it is necessary to establish the state of mind of the person, it is sufficient to show that:\n    (a) the conduct was engaged in by an employee or agent of the person within the scope of his or her actual or apparent authority; and\n    (b) the employee or agent had that state of mind.\n  Conduct\n  (2) If:\n    (a) conduct is engaged in on behalf of a person other than a corporation by an employee or agent of the person; and\n    (b) the conduct is within the employee’s or agent’s actual or apparent authority;\n  the conduct is taken, for the purposes of a civil proceeding under this Act, to have been engaged in by the person unless the person establishes that he or she took reasonable precautions and exercised due diligence to avoid the conduct.\n  Extended meaning of state of mind\n  (3) A reference in this section to the state of mind of a person includes a reference to:\n    (a) the knowledge, intention, opinion, belief or purpose of the person; and\n    (b) the person’s reasons for the intention, opinion, belief or purpose.\n  Extended meaning of engaging in conduct\n  (4) A reference in this section to engaging in conduct includes a reference to failing or refusing to engage in conduct.\n\n## Part 8—Miscellaneous\n\n#### 45 Simplified outline\n\n  The following is a simplified outline of this Part:\n\n• The Criminal Code applies to offences against this Act.\n\n• Partnerships are to be treated as persons for the purposes of this Act.\n\n• Provision is made in relation to the service of documents.\n\n• The Governor‑General may make regulations for the purposes of this Act.\n\n#### 46 Application of Criminal Code\n\n  Chapter 2 of the Criminal Code applies to all offences against this Act.\n\n#### 47 Treatment of partnerships\n\n  This Act applies to a partnership as if the partnership were a person. However, obligations that would be imposed on the partnership are imposed instead on each partner, but may be discharged by any of the partners.\n\n#### 48 Giving of documents to partnerships\n\n  For the purposes of this Act, if a document is given to a partner of a partnership in accordance with section 28A of the Acts Interpretation Act 1901, the document is taken to have been given to the partnership.\n\n#### 49 Nomination of address for service of documents\n\n  (1) For the purposes of this Act, a person may nominate an address for service in:\n    (a) an application made by the person under this Act; or\n    (b) any other document given by the person to the Minister.\n  The address must be in Australia.\n  (2) For the purposes of this Act, a document may be given to the person by leaving it at, or by sending it by pre‑paid post to, the nominated address for service.\n  (3) Subsection (2) has effect in addition to section 28A of the Acts Interpretation Act 1901.\n\n> Note: Section 28A of the Acts Interpretation Act 1901 deals with the service of documents.\n\n  (4) In this section:\n\n> this Act includes:\n\n    (a) the voucher rules; and\n    (b) the accreditation scheme; and\n    (c) the rules of conduct.\n\n#### 50 Regulations\n\n  The Governor‑General may make regulations prescribing matters:\n    (a) required or permitted by this Act to be prescribed; or\n    (b) necessary or convenient to be prescribed for carrying out or giving effect to this Act.","sortOrder":13},{"sectionNumber":"10","sectionType":"section","heading":"Issue of vouchers by the Minister","content":"#### 10 Issue of vouchers by the Minister\n\n  The Minister has the function of issuing vouchers to participants in the voucher system.\n\n> Note: Participant in the voucher system is defined by section 13.","sortOrder":14},{"sectionNumber":"11","sectionType":"section","heading":"Voucher rules","content":"#### 11 Voucher rules\n\n  (1) The Minister may, by legislative instrument, formulate rules relating to vouchers. The rules are to be known as the voucher rules.\n  (2) The voucher rules may make provision for the following:\n    (a) the duration of vouchers;\n    (b) the replacement of vouchers.\n  (3) The voucher rules may make provision for or in relation to a matter by conferring a power on the Minister.\n  (4) Subsections (2) and (3) do not, by implication, limit subsection (1).","sortOrder":15},{"sectionNumber":"12","sectionType":"section","heading":"Vouchers do not have effect before 1 July 1997","content":"#### 12 Vouchers do not have effect before 1 July 1997\n\n  A voucher does not have effect before 1 July 1997.","sortOrder":16},{"sectionNumber":"Division 3","sectionType":"division","heading":"Participants in the voucher system","content":"An Act relating to hearing services\n\n## Part 1—Preliminary\n\n#### 1 Short title\n\n  This Act may be cited as the Hearing Services Administration Act 1997.\n\n#### 2 Commencement\n\n  This Act commences on the day on which it receives the Royal Assent.\n\n#### 3 Simplified outline\n\n  The following is a simplified outline of this Act:\n\n• This Act sets up a scheme under which hearing services are provided to voucher‑holders by contracted service providers.\n\n• The Minister may determine that specified persons are participants in the voucher system.\n\n• Vouchers may be issued to participants in the voucher system.\n\n• The Minister may accredit service providers and engage accredited service providers to provide hearing services to voucher‑holders.\n\n#### 4 Definitions\n\n  In this Act, unless the contrary intention appears:\n\n> accreditation means accreditation under the accreditation scheme.\n\n> accreditation scheme means the scheme in force under section 15.\n\n> accredited service provider means an entity accredited under the accreditation scheme.\n\n> AHS means Australian Hearing Services.\n\n> available, in relation to a hearing service, has the meaning given by section 13.\n\n> Australian permanent resident means a person in Australia whose presence in Australia is not subject to any limitation as to time imposed by law.\n\n> Chief Executive Medicare has the same meaning as in the Human Services (Medicare) Act 1973.\n\n> contracted service provider means an accredited service provider engaged under section 20.\n\n> data processing device means any article or material (for example, a disk) from which information is capable of being reproduced, with or without the aid of any other article or device.\n\n> eligible person has the meaning given by clause 5.\n\n> entity means:\n\n    (a) an individual; or\n    (b) a body corporate; or\n    (c) a partnership; or\n    (d) an authority of the Commonwealth, a State or a Territory; or\n    (e) a Department of the Government of the Commonwealth, a State or a Territory.\n\n> hearing services means:\n\n    (a) services for purposes in connection with:\n    (i) hearing rehabilitation; or\n    (ii) assessment of hearing; or\n    (iii) hearing loss prevention; or\n    (b) goods for purposes in connection with:\n    (i) hearing rehabilitation; or\n    (ii) assessment of hearing; or\n    (iii) hearing loss prevention.\n\n> participant in the voucher system has the meaning given by section 13.\n\n> rules of conduct means rules of conduct formulated under section 17.\n\n> voucher means a voucher issued under section 10.\n\n> voucher‑holder means a participant in the voucher system who holds a voucher.\n\n> voucher rules means rules formulated under section 11.\n\n#### 5 Eligible persons\n\n  (1) For the purposes of this Act, a person is an eligible person if the person:\n    (a) has reached the age of 21 years; and\n    (b) is an Australian citizen or an Australian permanent resident; and\n    (c) is covered by one of the categories specified in subsection (2).\n  (2) The following categories are specified for the purposes of paragraph (1)(c):\n    (a) a person who holds a card issued by the Commonwealth and known as a Pensioner Concession Card;\n    (b) a person who:\n    (i) holds a card issued by the Commonwealth and known as a Health Care Card; and\n    (ii) holds that card because the person is in receipt of sickness allowance under the Social Security Act 1991;\n    (c) a person who holds a card issued by the Commonwealth and known as a Repatriation Health Card, where the card is expressed to be issued for all conditions;\n    (d) a person who, for purposes connected with obtaining treatment for an injury, disease or condition that involves hearing loss, holds a card issued by the Commonwealth and known as a Repatriation Health Card, where the card is expressed to be issued for specific conditions;\n    (f) a member of the Australian Defence Force;\n    (g) a person referred to the Minister in connection with the provision of an employment service under Part II of, or the provision of a service under a rehabilitation program under Part III of, the former Disability Services Act 1986.\n  (3) The Minister may, by legislative instrument, determine that a specified person is an eligible person for the purposes of this Act. The determination has effect accordingly.\n\n> Note: For specification by class, see subsection 13(3) of the Legislation Act 2003.\n\n#### 6 Crown to be bound\n\n  (1) This Act binds the Crown in right of the Commonwealth, of each of the States, of the Australian Capital Territory and of the Northern Territory.\n  (2) This Act does not make the Crown liable to be prosecuted for an offence.\n  (3) The protection in subsection (2) does not apply to an authority of the Crown.\n\n#### 6A Application of the Criminal Code\n\n  Chapter 2 of the Criminal Code applies to all offences against this Act.\n\n> Note: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.\n\n#### 7 Continuity of partnerships\n\n  For the purposes of this Act, a change in the composition of a partnership does not affect the continuity of the partnership.\n\n#### 8 General criteria for administration of this Act\n\n  (1) In administering this Act, due regard must be had to:\n    (a) the limited resources available to provide services and programs under this Act; and\n    (b) the need to consider equity and merit in accessing those resources.\n  (2) In this section:\n\n> this Act includes:\n\n    (a) the voucher rules; and\n    (b) the accreditation scheme; and\n    (c) the rules of conduct.\n\n## Part 2—Issue of vouchers to participants in the voucher system\n\n### Division 1—Simplified outline\n\n#### 9 Simplified outline\n\n  The following is a simplified outline of this Part:\n\n• Vouchers may be issued to participants in the voucher system.\n\n• The Minister may make rules relating to vouchers. The rules are to be known as the voucher rules.\n\n• The Minister may determine that specified persons are participants in the voucher system.\n\n• The Minister may determine that specified hearing services are available to a voucher‑holder under a voucher.\n\n### Division 2—Issue of vouchers by the Minister\n\n#### 10 Issue of vouchers by the Minister\n\n  The Minister has the function of issuing vouchers to participants in the voucher system.\n\n> Note: Participant in the voucher system is defined by section 13.\n\n#### 11 Voucher rules\n\n  (1) The Minister may, by legislative instrument, formulate rules relating to vouchers. The rules are to be known as the voucher rules.\n  (2) The voucher rules may make provision for the following:\n    (a) the duration of vouchers;\n    (b) the replacement of vouchers.\n  (3) The voucher rules may make provision for or in relation to a matter by conferring a power on the Minister.\n  (4) Subsections (2) and (3) do not, by implication, limit subsection (1).\n\n#### 12 Vouchers do not have effect before 1 July 1997\n\n  A voucher does not have effect before 1 July 1997.\n\n### Division 3—Participants in the voucher system\n\n#### 13 Participants in the voucher system\n\n  (1) The Minister may, by legislative instrument, determine that:\n    (a) each eligible person included in a specified class of eligible persons is a participant in the voucher system for the purposes of this Act; and\n    (b) in the event that the Minister issues a voucher to such a person during a specified period, one or more specified hearing services are available to the person under the voucher.\n  (2) The specification of a hearing service may be expressed to be subject to such conditions as are specified in the determination.\n  (3) A determination under this section has effect accordingly.\n\n## Part 3—Service providers\n\n### Division 1—Simplified outline\n\n#### 14 Simplified outline\n\n  The following is a simplified outline of this Part:\n\n• The Minister must formulate an accreditation scheme for the accreditation of entities as service providers.\n\n• The Minister may accredit entities as service providers under the accreditation scheme. The accreditation may be subject to conditions. An entity accredited by the Minister is to be known as an accredited service provider.\n\n• The Minister may engage an accredited service provider to provide available hearing services to voucher‑holders. A service provider engaged by the Minister is to be known as a contracted service provider.\n\n• The Minister must formulate rules of conduct that apply to contracted service providers in relation to the provision of hearing services to voucher‑holders.\n\n### Division 2—Accreditation\n\n#### 15 Accreditation of service providers\n\n  (1) The Minister must, by legislative instrument, formulate a scheme for the accreditation of entities as service providers. The scheme is to be known as the accreditation scheme.\n\n> Note 1: Entity is defined by section 4.\n\n> Note 2: Accreditation means that the entity is eligible to be engaged as a contracted service provider under section 20.\n\n  (2) The accreditation scheme must empower the Minister to make decisions:\n    (a) accrediting entities; and\n    (b) cancelling the accreditation of entities.\n  (3) The accreditation scheme may make provision for fees to be charged in respect of the making of applications under the scheme.\n  (4) The accreditation scheme may make provision for an entity to surrender its accreditation to the Minister.\n  (5) The accreditation scheme must make provision for and in relation to the keeping of a register by the Minister of entities accredited under the accreditation scheme. In particular, the accreditation scheme may make provision for the following:\n    (a) the register to be kept in such form and manner as the Minister directs;\n    (b) persons to inspect the register;\n    (c) persons to obtain information contained in the register;\n    (d) fees to be charged for such an inspection or providing such information.\n  (6) Subsections (2), (3), (4) and (5) do not, by implication, limit subsection (1).\n  (7) The Minister must give a free copy of the accreditation scheme to any person who requests a copy.\n\n#### 16 Conditions of accreditation\n\n  (1) The accreditation scheme must empower the Minister to accredit an entity subject to one or more conditions specified in the instrument of accreditation. The accreditation scheme may also empower the Minister to:\n    (a) impose one or more further conditions to which the accreditation is subject; and\n    (b) revoke or vary any condition:\n    (i) specified in the instrument of accreditation; or\n    (ii) imposed under paragraph (a).\n  (2) A condition may be expressed to have effect only if the entity is engaged under section 20.\n  (3) A condition of an accreditation may make provision for or in relation to a matter by conferring a power on the Minister.\n  (4) The accreditation scheme may empower the Minister to make a decision cancelling the accreditation of an entity if the entity contravenes a condition of the accreditation. This subsection does not, by implication, limit paragraph 15(2)(b).\n  (5) The accreditation scheme may empower the Minister to issue a formal warning if an entity contravenes a condition of its accreditation.\n  (6) Subsections (2), (3), (4) and (5) do not, by implication, limit subsection (1).\n\n#### 17 Rules of conduct\n\n  (1) The Minister must, by legislative instrument, formulate rules of conduct relating to the provision of hearing services to voucher‑holders.\n  (2) Rules of conduct have effect only for the purposes of section 18.\n\n> Note: Section 18 provides that compliance with rules of conduct is a condition of an entity’s accreditation.\n\n  (3) Rules of conduct may make provision for or in relation to a matter by conferring a power on the Minister.\n  (4) Rules of conduct may prohibit or regulate the charging of fees or other consideration payable by a voucher‑holder, where the fee or consideration is in respect of the provision by an accredited service provider of a hearing service that is available to the holder under the voucher.\n  (5) Rules of conduct may require an accredited service provider to:\n    (a) take all reasonable steps to ensure that each individual who (whether in the capacity of employee or otherwise) works, or is to work, for the service provider in the provision of specified hearing services to voucher‑holders holds such qualifications as are ascertained in accordance with the rules; and\n    (b) inform the Minister of the names and qualifications of those individuals.\n  (6) Subsections (3), (4) and (5) do not, by implication, limit subsection (1).\n\n#### 18 Compliance with rules of conduct\n\n  (1) In addition to the conditions to which an entity’s accreditation is subject under the accreditation scheme, the accreditation is subject to the condition mentioned in subsection (2).\n  (2) It is a condition of the accreditation of an entity that the entity must comply with the rules of conduct.\n  (3) The condition mentioned in subsection (2) has effect only if the entity is a contracted service provider.\n  (4) This section does not, by implication, limit the generality of section 16 (which deals with conditions under the accreditation scheme).\n\n#### 19 Disqualification for fraud, dishonesty etc.\n\n  (1) The Minister must not accredit an individual or a body corporate under the accreditation scheme at a particular time if the individual or body corporate is a disqualified person at that time.\n\n> Note: Disqualified person is defined by subsection (5).\n\n  (2) The Minister must not accredit a body corporate under the accreditation scheme at a particular time if any of the following individuals is a disqualified person at that time:\n    (a) a director of the body corporate;\n    (b) a secretary of the body corporate;\n    (c) a person (by whatever name called and whether or not a director of the body corporate) who is concerned in, or takes part in, the management of the body corporate.\n\n> Note: Disqualified person is defined by subsection (5).\n\n  (3) The Minister must not accredit a partnership under the accreditation scheme at a particular time if:\n    (a) in a case where a partner is an individual—the partner is a disqualified person at that time; or\n    (b) in a case where a partner is a body corporate—any of the following individuals is a disqualified person at that time:\n    (i) a director of the body corporate;\n    (ii) a secretary of the body corporate;\n    (iii) a person (by whatever name called and whether or not a director of the body corporate) who is concerned in, or takes part in, the management of the body corporate.\n\n> Note: Disqualified person is defined by subsection (5).\n\n  (4) The Minister must cancel the accreditation of an entity under the accreditation scheme at a particular time if, assuming that the entity had not been accredited at that time, the Minister would have been prevented by this section from accrediting the entity at that time.\n  (5) For the purposes of this section, a person is a disqualified person at a particular time if:\n    (a) the person has been convicted (whether before or after the commencement of this section) of a disqualifying offence (as defined by subsection (6)); and\n    (b) if the person was sentenced to imprisonment—the time occurs during the period:\n    (i) beginning when the person was convicted; and\n    (ii) ending 5 years after the person’s release from prison; and\n    (c) if the person was not sentenced to imprisonment—the time occurs during the period:\n    (i) beginning when the person was convicted; and\n    (ii) ending 5 years after the conviction.\n  (6) For the purposes of this section, each of the following offences is a disqualifying offence:\n    (a) an offence against section 136.1, 137.1 or 137.2 of the Criminal Code in respect of a statement that is made to a person who is exercising powers or performing functions under, or in connection with, subsection 21(2) of this Act;\n    (b) an offence that:\n    (i) is an offence against a law of the Commonwealth, a State, a Territory or a foreign country; and\n    (ii) involves fraud or dishonesty; and\n    (iii) is punishable by imprisonment for life or for a period, or maximum period, of at least 2 years.\n  (7) A reference in this section to a conviction of a person of an offence includes a reference to the making of an order under section 19B of the Crimes Act 1914, or under a corresponding provision of a law of a State, a Territory or a foreign country, in relation to a person in respect of an offence.\n\n> Note: Section 19B of the Crimes Act 1914 empowers a court that has found a person to have committed an offence to take action without proceeding to record a conviction.\n\n  (8) This section does not, by implication, limit the generality of sections 15 and 16 (which deal with the accreditation scheme).\n  (9) This section does not affect the operation of Part VIIC of the Crimes Act 1914 (which includes provisions relieving persons from requirements to disclose convictions).\n\n### Division 3—Contracted service providers\n\n#### 20 Contracted service providers\n\n  (1) The Minister may, on behalf of the Commonwealth, engage an accredited service provider to provide hearing services to voucher‑holders, where each hearing service is available to the holder under the voucher. An accredited service provider engaged under this section is to be known as a contracted service provider.\n  (2) The terms and conditions of the engagement are to be set out in a written agreement between the Minister (on behalf of the Commonwealth) and the contracted service provider. The terms and conditions must be consistent with the accreditation scheme and the rules of conduct.\n  (3) Each condition of the accreditation of the contracted service provider is taken to be a condition of the engagement. This subsection does not limit subsection (2).\n  (4) The cancellation or surrender of the accreditation of the contracted service provider terminates the engagement without giving the service provider any entitlement to compensation or damages. This subsection does not limit subsection (2).\n  (5) AHS may enter into an agreement under this section at any time after the commencement of this section.\n\n#### 21 Payments to contracted service providers\n\n  (1) An agreement under section 20 may provide for amounts to be paid by the Commonwealth to a contracted service provider. This subsection does not limit subsection 20(2).\n  (2) A payment referred to in subsection (1) must not be paid unless:\n    (a) a claim for the payment is given to the claims acceptance body; and\n    (b) the claims acceptance body accepts the claim on behalf of the Commonwealth.\n  (3) The claims acceptance body may authorise a claim for payment to be given to the claims acceptance body in accordance with specified software requirements:\n    (a) on a specified kind of data processing device; or\n    (b) by way of a specified kind of electronic transmission.\n  (4) A payment referred to in subsection (1) may be made by the claims payment body on behalf of the Commonwealth.\n  (6) The Minister may, by writing, declare that a specified body is the claims acceptance body for the purposes of this section. The declaration has effect accordingly.\n  (7) The Minister may, by writing, declare that a specified body is the claims payment body for the purposes of this section. The declaration has effect accordingly.\n  (8) This section does not prevent the claims acceptance body from being the same body as the claims payment body.\n  (9) The Minister must not make a determination under subsection (6) or (7) in relation to an incorporated company unless the company consents to the making of the determination.\n  (10) In this section:\n\n> body means:\n\n    (a) the Department; or\n    (b) an authority of the Commonwealth; or\n    (c) an incorporated company; or\n    (d) the Chief Executive Medicare.\n\n#### 23 Repayments by contracted service providers\n\n  (1) If:\n    (a) an amount is paid to an entity as mentioned in subsection 21(1); and\n    (b) the amount is paid subject to a condition (whether a condition precedent or a condition subsequent); and\n    (c) the condition was contravened;\n  the entity is liable to repay the amount to the Commonwealth.\n  (2) A payment to an entity as mentioned in subsection 21(1) is taken to be made subject to a condition that a false or misleading statement has not been made by or on behalf of the entity in connection with a claim for the payment.\n  (3) This section does not, by implication, limit the generality of subsection 20(2) (which deals with the terms and conditions of the engagement of contracted service providers).\n\n#### 24 Recovery of overpayments etc.\n\n  (1) For the purposes of this section, each of the following amounts is a service provider debt:\n    (a) so much of an amount paid, or purportedly paid, to an entity as mentioned in subsection 21(1) as represents an overpayment;\n    (b) an amount that is repayable as mentioned in section 23 (which deals with conditional payments).\n  (2) A service provider debt is a debt due to the Commonwealth.\n  (3) A service provider debt may be recovered by the Commonwealth by action in a court of competent jurisdiction.\n  (4) If an entity is liable to pay a service provider debt, the service provider debt may be deducted from one or more other amounts that are payable to the entity as mentioned in subsection 21(1), and if it is so deducted, the other amounts are taken to have been paid to the entity to the extent of the deduction.\n\n## Part 4—Administration\n\n#### 25 Simplified outline\n\n  The following is a simplified outline of this Part:\n\n• The Minister must establish a complaints‑handling mechanism.\n\n• The Minister may delegate powers conferred on the Minister by this Act.\n\n#### 26 Arrangements for dealing with complaints\n\n  The Minister must take all reasonable steps to ensure that there are at all times in force arrangements under which:\n    (a) a participant in the voucher system has the right to make a complaint about the provision to the participant of hearing services in accordance with an agreement under Part 3; and\n    (b) a complaint so made will be properly considered and dealt with within 90 days after it was made.\n\n#### 27 Delegation\n\n  (1) The Minister may, by writing, delegate all or any of the Minister’s functions and powers under this Act to:\n    (a) the Secretary of the Department; or\n    (b) any other officer of the Department.\n  (2) Subsection (1) does not apply to the Minister’s powers to make an instrument under subsection 5(3), 11(1), 13(1), 15(1) or 17(1).\n  (3) In this section:\n\n> this Act includes:\n\n    (a) the voucher rules; and\n    (b) the accreditation scheme; and\n    (c) the rules of conduct.\n\n## Part 5—Review of decisions\n\n#### 28 Simplified outline\n\n  The following is a simplified outline of this Part:\n\n• Certain decisions of the Minister may be reviewed by the Administrative Review Tribunal following a process of reconsideration by the Minister.\n\n#### 29 Decisions that may be subject to reconsideration by the Minister\n\n  An application may be made to the Minister for reconsideration of any of the following decisions:\n    (a) a decision by the Minister refusing to issue a voucher to a participant in the voucher system;\n    (b) a decision made by the Minister under the voucher rules;\n    (c) a decision made by the Minister under the accreditation scheme;\n    (d) a decision made by the Minister under a condition of accreditation;\n    (e) a decision made by the Minister under the rules of conduct;\n    (f) a decision of the Minister made under section 19 (which deals with disqualification for fraud, dishonesty etc.).\n\n#### 30 Statements to accompany notification of decisions\n\n  (1) If the Minister makes a decision of a kind referred to in section 29 and gives written notice of the decision to a person whose interests are affected by the decision, the notice must include:\n    (a) a statement to the effect that a person affected by the decision may, if he or she is dissatisfied with the decision, seek a reconsideration of the decision by the Minister under subsection 31(1); and\n    (b) a statement to the effect that, if a person who has applied for a reconsideration is dissatisfied with the Minister’s decision on the reconsideration:\n    (i) subject to the Administrative Review Tribunal Act 2024, application may be made to the Administrative Review Tribunal for review of the decision on that reconsideration; and\n    (ii) the person may, under section 268 of that Act, request a statement of reasons for the decision on that reconsideration.\n  (2) Failure to comply with this section does not affect the validity of a decision.\n\n#### 31 Applications for reconsideration of decisions\n\n  (1) A person affected by a decision of a kind referred to in section 29 who is dissatisfied with the decision may apply to the Minister for the Minister to reconsider the decision.\n  (2) The application must:\n    (a) be in a form approved in writing by the Minister; and\n    (b) set out the reasons for the application.\n  (3) The application must be made within:\n    (a) 28 days after the applicant is informed of the decision; or\n    (b) if, either before or after the end of that period of 28 days, the Minister extends the period within which the application may be made—the extended period for making the application.\n  (4) An approved form of an application may provide for verification by statutory declaration of statements in applications.\n\n#### 32 Reconsideration by the Minister\n\n  (1) Upon receiving such an application, the Minister must:\n    (a) reconsider the decision; and\n    (b) affirm, vary or revoke the decision.\n  (2) The Minister’s decision on reconsideration of a decision has effect as if it had been made under the provision under which the original decision was made.\n  (3) The Minister must give to the applicant a notice stating the Minister’s decision on the reconsideration together with a statement of the Minister’s reasons for the Minister’s decision.\n\n#### 33 Deadlines for reconsiderations\n\n  (1) The Minister must make his or her decision on reconsideration of a decision within 90 days after receiving an application for reconsideration.\n  (2) The Minister is taken, for the purposes of this Part, to have made a decision affirming the original decision if the Minister has not informed the applicant of the Minister’s decision on the reconsideration before the end of the period of 90 days.\n\n#### 34 Statements to accompany notification of decisions on reconsideration\n\n  (1) A notice under subsection 32(3) notifying the applicant that a decision has been affirmed or varied must include:\n    (a) a statement to the effect that a person whose interests are affected by the decision so affirmed or varied may, subject to the Administrative Review Tribunal Act 2024, apply to the Administrative Review Tribunal for review of the decision; and\n    (b) a statement to the effect that the person may, under section 268 of that Act, request a statement of reasons for the decision so affirmed or varied.\n  (2) Failure to comply with this section does not affect the validity of a decision.\n\n#### 35 Review by the Administrative Review Tribunal\n\n  Applications may be made to the Administrative Review Tribunal to review a decision of a kind referred to in section 29 if the Minister has affirmed or varied the decision under section 32.\n\n## Part 6—Injunctions\n\n#### 36 Simplified outline\n\n  The following is a simplified outline of this Part:\n\n The Federal Court may grant injunctions in relation to contraventions of:\n\n(a) this Act; or\n\n(b) the voucher rules; and\n\n(c) a condition of an accreditation; or\n\n(d) an agreement under section 20.\n\n#### 37 Injunctions\n\n  Restraining injunctions\n  (1) If an entity has engaged, is engaging or is proposing to engage, in any conduct in contravention of:\n    (a) this Act; or\n    (b) the voucher rules; or\n    (c) if the entity is accredited under the accreditation scheme—a condition of that accreditation; or\n    (d) if the entity is engaged under section 20—an agreement under that section;\n  the Federal Court may, on the application of the Minister, grant an injunction:\n    (e) restraining the entity from engaging in the conduct; and\n    (f) if, in the court’s opinion, it is desirable to do so—requiring the entity to do something.\n  Performance injunctions\n  (2) If:\n    (a) an entity has refused or failed, or is refusing or failing, or is proposing to refuse or fail, to do an act or thing; and\n    (b) the refusal or failure was, is or would be a contravention of:\n    (i) this Act; or\n    (ii) the voucher rules; or\n    (iii) if the entity is accredited under the accreditation scheme—a condition of that accreditation; or\n    (iv) if the entity is engaged under section 20—an agreement under that section;\n  the Federal Court may, on the application of the Minister, grant an injunction requiring the entity to do that act or thing.\n\n#### 38 Interim injunctions\n\n  Grant of interim injunction\n  (1) If an application is made to the court for an injunction under section 37, the court may, before considering the application, grant an interim injunction restraining an entity from engaging in conduct of a kind referred to in that section.\n  No undertakings as to damages\n  (2) The court is not to require an applicant for an injunction under section 37, as a condition of granting an interim injunction, to give any undertakings as to damages.\n\n#### 39 Discharge etc. of injunctions\n\n  The court may discharge or vary an injunction granted under this Part.\n\n#### 40 Certain limits on granting injunctions not to apply\n\n  Restraining injunctions\n  (1) The power of the court under this Part to grant an injunction restraining an entity from engaging in conduct of a particular kind may be exercised:\n    (a) if the court is satisfied that the entity has engaged in conduct of that kind—whether or not it appears to the court that the entity intends to engage again, or to continue to engage, in conduct of that kind; or\n    (b) if it appears to the court that, if an injunction is not granted, it is likely that the entity will engage in conduct of that kind—whether or not the entity has previously engaged in conduct of that kind and whether or not there is an imminent danger of substantial damage to any entity if the entity engages in conduct of that kind.\n  Performance injunctions\n  (2) The power of the court to grant an injunction requiring an entity to do an act or thing may be exercised:\n    (a) if the court is satisfied that the entity has refused or failed to do that act or thing—whether or not it appears to the court that the entity intends to refuse or fail again, or to continue to refuse or fail, to do that act or thing; or\n    (b) if it appears to the court that, if an injunction is not granted, it is likely that the entity will refuse or fail to do that act or thing—whether or not the entity has previously refused or failed to do that act or thing and whether or not there is an imminent danger of substantial damage to any entity if the entity refuses or fails to do that act or thing.\n\n#### 41 Other powers of the court unaffected\n\n  The powers conferred on the court under this Part are in addition to, and not instead of, any other powers of the court, whether conferred by this Act or otherwise.\n\n## Part 7—Vicarious liability\n\n#### 42 Simplified outline\n\n  The following is a simplified outline of this Part:\n\n• This Part deals with proof in civil proceedings of matters that involve employees, agents etc.\n\n#### 43 Liability of corporations\n\n  State of mind\n  (1) If, in a civil proceeding under this Act in respect of conduct engaged in by a corporation, it is necessary to establish the state of mind of the corporation, it is sufficient to show that:\n    (a) a director, employee or agent of the corporation engaged in that conduct; and\n    (b) the director, employee or agent was, in engaging in that conduct, acting within the scope of his or her actual or apparent authority; and\n    (c) the director, employee or agent had that state of mind.\n  Conduct\n  (2) If:\n    (a) conduct is engaged in on behalf of a corporation by a director, employee or agent of the corporation; and\n    (b) the conduct is within the scope of his or her actual or apparent authority;\n  the conduct is taken, for the purposes of a civil proceeding under this Act, to have been engaged in by the corporation unless the corporation establishes that it took reasonable precautions and exercised due diligence to avoid the conduct.\n  Extended meaning of state of mind\n  (3) A reference in subsection (1) to the state of mind of a person includes a reference to:\n    (a) the knowledge, intention, opinion, belief or purpose of the person; and\n    (b) the person’s reasons for the intention, opinion, belief or purpose.\n  Extended meaning of director\n  (4) A reference in this section to a director of a corporation includes a reference to a constituent member of a body corporate incorporated for a public purpose by a law of the Commonwealth, a State or a Territory.\n  Extended meaning of engaging in conduct\n  (5) A reference in this section to engaging in conduct includes a reference to failing or refusing to engage in conduct.\n\n#### 44 Liability of persons other than corporations\n\n  State of mind\n  (1) If, in civil proceedings under this Act in respect of conduct engaged in by a person other than a corporation, it is necessary to establish the state of mind of the person, it is sufficient to show that:\n    (a) the conduct was engaged in by an employee or agent of the person within the scope of his or her actual or apparent authority; and\n    (b) the employee or agent had that state of mind.\n  Conduct\n  (2) If:\n    (a) conduct is engaged in on behalf of a person other than a corporation by an employee or agent of the person; and\n    (b) the conduct is within the employee’s or agent’s actual or apparent authority;\n  the conduct is taken, for the purposes of a civil proceeding under this Act, to have been engaged in by the person unless the person establishes that he or she took reasonable precautions and exercised due diligence to avoid the conduct.\n  Extended meaning of state of mind\n  (3) A reference in this section to the state of mind of a person includes a reference to:\n    (a) the knowledge, intention, opinion, belief or purpose of the person; and\n    (b) the person’s reasons for the intention, opinion, belief or purpose.\n  Extended meaning of engaging in conduct\n  (4) A reference in this section to engaging in conduct includes a reference to failing or refusing to engage in conduct.\n\n## Part 8—Miscellaneous\n\n#### 45 Simplified outline\n\n  The following is a simplified outline of this Part:\n\n• The Criminal Code applies to offences against this Act.\n\n• Partnerships are to be treated as persons for the purposes of this Act.\n\n• Provision is made in relation to the service of documents.\n\n• The Governor‑General may make regulations for the purposes of this Act.\n\n#### 46 Application of Criminal Code\n\n  Chapter 2 of the Criminal Code applies to all offences against this Act.\n\n#### 47 Treatment of partnerships\n\n  This Act applies to a partnership as if the partnership were a person. However, obligations that would be imposed on the partnership are imposed instead on each partner, but may be discharged by any of the partners.\n\n#### 48 Giving of documents to partnerships\n\n  For the purposes of this Act, if a document is given to a partner of a partnership in accordance with section 28A of the Acts Interpretation Act 1901, the document is taken to have been given to the partnership.\n\n#### 49 Nomination of address for service of documents\n\n  (1) For the purposes of this Act, a person may nominate an address for service in:\n    (a) an application made by the person under this Act; or\n    (b) any other document given by the person to the Minister.\n  The address must be in Australia.\n  (2) For the purposes of this Act, a document may be given to the person by leaving it at, or by sending it by pre‑paid post to, the nominated address for service.\n  (3) Subsection (2) has effect in addition to section 28A of the Acts Interpretation Act 1901.\n\n> Note: Section 28A of the Acts Interpretation Act 1901 deals with the service of documents.\n\n  (4) In this section:\n\n> this Act includes:\n\n    (a) the voucher rules; and\n    (b) the accreditation scheme; and\n    (c) the rules of conduct.\n\n#### 50 Regulations\n\n  The Governor‑General may make regulations prescribing matters:\n    (a) required or permitted by this Act to be prescribed; or\n    (b) necessary or convenient to be prescribed for carrying out or giving effect to this Act.","sortOrder":17},{"sectionNumber":"13","sectionType":"section","heading":"Participants in the voucher system","content":"#### 13 Participants in the voucher system\n\n  (1) The Minister may, by legislative instrument, determine that:\n    (a) each eligible person included in a specified class of eligible persons is a participant in the voucher system for the purposes of this Act; and\n    (b) in the event that the Minister issues a voucher to such a person during a specified period, one or more specified hearing services are available to the person under the voucher.\n  (2) The specification of a hearing service may be expressed to be subject to such conditions as are specified in the determination.\n  (3) A determination under this section has effect accordingly.","sortOrder":18},{"sectionNumber":"Part 3","sectionType":"part","heading":"Service providers","content":"An Act relating to hearing services\n\n## Part 1—Preliminary\n\n#### 1 Short title\n\n  This Act may be cited as the Hearing Services Administration Act 1997.\n\n#### 2 Commencement\n\n  This Act commences on the day on which it receives the Royal Assent.\n\n#### 3 Simplified outline\n\n  The following is a simplified outline of this Act:\n\n• This Act sets up a scheme under which hearing services are provided to voucher‑holders by contracted service providers.\n\n• The Minister may determine that specified persons are participants in the voucher system.\n\n• Vouchers may be issued to participants in the voucher system.\n\n• The Minister may accredit service providers and engage accredited service providers to provide hearing services to voucher‑holders.\n\n#### 4 Definitions\n\n  In this Act, unless the contrary intention appears:\n\n> accreditation means accreditation under the accreditation scheme.\n\n> accreditation scheme means the scheme in force under section 15.\n\n> accredited service provider means an entity accredited under the accreditation scheme.\n\n> AHS means Australian Hearing Services.\n\n> available, in relation to a hearing service, has the meaning given by section 13.\n\n> Australian permanent resident means a person in Australia whose presence in Australia is not subject to any limitation as to time imposed by law.\n\n> Chief Executive Medicare has the same meaning as in the Human Services (Medicare) Act 1973.\n\n> contracted service provider means an accredited service provider engaged under section 20.\n\n> data processing device means any article or material (for example, a disk) from which information is capable of being reproduced, with or without the aid of any other article or device.\n\n> eligible person has the meaning given by clause 5.\n\n> entity means:\n\n    (a) an individual; or\n    (b) a body corporate; or\n    (c) a partnership; or\n    (d) an authority of the Commonwealth, a State or a Territory; or\n    (e) a Department of the Government of the Commonwealth, a State or a Territory.\n\n> hearing services means:\n\n    (a) services for purposes in connection with:\n    (i) hearing rehabilitation; or\n    (ii) assessment of hearing; or\n    (iii) hearing loss prevention; or\n    (b) goods for purposes in connection with:\n    (i) hearing rehabilitation; or\n    (ii) assessment of hearing; or\n    (iii) hearing loss prevention.\n\n> participant in the voucher system has the meaning given by section 13.\n\n> rules of conduct means rules of conduct formulated under section 17.\n\n> voucher means a voucher issued under section 10.\n\n> voucher‑holder means a participant in the voucher system who holds a voucher.\n\n> voucher rules means rules formulated under section 11.\n\n#### 5 Eligible persons\n\n  (1) For the purposes of this Act, a person is an eligible person if the person:\n    (a) has reached the age of 21 years; and\n    (b) is an Australian citizen or an Australian permanent resident; and\n    (c) is covered by one of the categories specified in subsection (2).\n  (2) The following categories are specified for the purposes of paragraph (1)(c):\n    (a) a person who holds a card issued by the Commonwealth and known as a Pensioner Concession Card;\n    (b) a person who:\n    (i) holds a card issued by the Commonwealth and known as a Health Care Card; and\n    (ii) holds that card because the person is in receipt of sickness allowance under the Social Security Act 1991;\n    (c) a person who holds a card issued by the Commonwealth and known as a Repatriation Health Card, where the card is expressed to be issued for all conditions;\n    (d) a person who, for purposes connected with obtaining treatment for an injury, disease or condition that involves hearing loss, holds a card issued by the Commonwealth and known as a Repatriation Health Card, where the card is expressed to be issued for specific conditions;\n    (f) a member of the Australian Defence Force;\n    (g) a person referred to the Minister in connection with the provision of an employment service under Part II of, or the provision of a service under a rehabilitation program under Part III of, the former Disability Services Act 1986.\n  (3) The Minister may, by legislative instrument, determine that a specified person is an eligible person for the purposes of this Act. The determination has effect accordingly.\n\n> Note: For specification by class, see subsection 13(3) of the Legislation Act 2003.\n\n#### 6 Crown to be bound\n\n  (1) This Act binds the Crown in right of the Commonwealth, of each of the States, of the Australian Capital Territory and of the Northern Territory.\n  (2) This Act does not make the Crown liable to be prosecuted for an offence.\n  (3) The protection in subsection (2) does not apply to an authority of the Crown.\n\n#### 6A Application of the Criminal Code\n\n  Chapter 2 of the Criminal Code applies to all offences against this Act.\n\n> Note: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.\n\n#### 7 Continuity of partnerships\n\n  For the purposes of this Act, a change in the composition of a partnership does not affect the continuity of the partnership.\n\n#### 8 General criteria for administration of this Act\n\n  (1) In administering this Act, due regard must be had to:\n    (a) the limited resources available to provide services and programs under this Act; and\n    (b) the need to consider equity and merit in accessing those resources.\n  (2) In this section:\n\n> this Act includes:\n\n    (a) the voucher rules; and\n    (b) the accreditation scheme; and\n    (c) the rules of conduct.\n\n## Part 2—Issue of vouchers to participants in the voucher system\n\n### Division 1—Simplified outline\n\n#### 9 Simplified outline\n\n  The following is a simplified outline of this Part:\n\n• Vouchers may be issued to participants in the voucher system.\n\n• The Minister may make rules relating to vouchers. The rules are to be known as the voucher rules.\n\n• The Minister may determine that specified persons are participants in the voucher system.\n\n• The Minister may determine that specified hearing services are available to a voucher‑holder under a voucher.\n\n### Division 2—Issue of vouchers by the Minister\n\n#### 10 Issue of vouchers by the Minister\n\n  The Minister has the function of issuing vouchers to participants in the voucher system.\n\n> Note: Participant in the voucher system is defined by section 13.\n\n#### 11 Voucher rules\n\n  (1) The Minister may, by legislative instrument, formulate rules relating to vouchers. The rules are to be known as the voucher rules.\n  (2) The voucher rules may make provision for the following:\n    (a) the duration of vouchers;\n    (b) the replacement of vouchers.\n  (3) The voucher rules may make provision for or in relation to a matter by conferring a power on the Minister.\n  (4) Subsections (2) and (3) do not, by implication, limit subsection (1).\n\n#### 12 Vouchers do not have effect before 1 July 1997\n\n  A voucher does not have effect before 1 July 1997.\n\n### Division 3—Participants in the voucher system\n\n#### 13 Participants in the voucher system\n\n  (1) The Minister may, by legislative instrument, determine that:\n    (a) each eligible person included in a specified class of eligible persons is a participant in the voucher system for the purposes of this Act; and\n    (b) in the event that the Minister issues a voucher to such a person during a specified period, one or more specified hearing services are available to the person under the voucher.\n  (2) The specification of a hearing service may be expressed to be subject to such conditions as are specified in the determination.\n  (3) A determination under this section has effect accordingly.\n\n## Part 3—Service providers\n\n### Division 1—Simplified outline\n\n#### 14 Simplified outline\n\n  The following is a simplified outline of this Part:\n\n• The Minister must formulate an accreditation scheme for the accreditation of entities as service providers.\n\n• The Minister may accredit entities as service providers under the accreditation scheme. The accreditation may be subject to conditions. An entity accredited by the Minister is to be known as an accredited service provider.\n\n• The Minister may engage an accredited service provider to provide available hearing services to voucher‑holders. A service provider engaged by the Minister is to be known as a contracted service provider.\n\n• The Minister must formulate rules of conduct that apply to contracted service providers in relation to the provision of hearing services to voucher‑holders.\n\n### Division 2—Accreditation\n\n#### 15 Accreditation of service providers\n\n  (1) The Minister must, by legislative instrument, formulate a scheme for the accreditation of entities as service providers. The scheme is to be known as the accreditation scheme.\n\n> Note 1: Entity is defined by section 4.\n\n> Note 2: Accreditation means that the entity is eligible to be engaged as a contracted service provider under section 20.\n\n  (2) The accreditation scheme must empower the Minister to make decisions:\n    (a) accrediting entities; and\n    (b) cancelling the accreditation of entities.\n  (3) The accreditation scheme may make provision for fees to be charged in respect of the making of applications under the scheme.\n  (4) The accreditation scheme may make provision for an entity to surrender its accreditation to the Minister.\n  (5) The accreditation scheme must make provision for and in relation to the keeping of a register by the Minister of entities accredited under the accreditation scheme. In particular, the accreditation scheme may make provision for the following:\n    (a) the register to be kept in such form and manner as the Minister directs;\n    (b) persons to inspect the register;\n    (c) persons to obtain information contained in the register;\n    (d) fees to be charged for such an inspection or providing such information.\n  (6) Subsections (2), (3), (4) and (5) do not, by implication, limit subsection (1).\n  (7) The Minister must give a free copy of the accreditation scheme to any person who requests a copy.\n\n#### 16 Conditions of accreditation\n\n  (1) The accreditation scheme must empower the Minister to accredit an entity subject to one or more conditions specified in the instrument of accreditation. The accreditation scheme may also empower the Minister to:\n    (a) impose one or more further conditions to which the accreditation is subject; and\n    (b) revoke or vary any condition:\n    (i) specified in the instrument of accreditation; or\n    (ii) imposed under paragraph (a).\n  (2) A condition may be expressed to have effect only if the entity is engaged under section 20.\n  (3) A condition of an accreditation may make provision for or in relation to a matter by conferring a power on the Minister.\n  (4) The accreditation scheme may empower the Minister to make a decision cancelling the accreditation of an entity if the entity contravenes a condition of the accreditation. This subsection does not, by implication, limit paragraph 15(2)(b).\n  (5) The accreditation scheme may empower the Minister to issue a formal warning if an entity contravenes a condition of its accreditation.\n  (6) Subsections (2), (3), (4) and (5) do not, by implication, limit subsection (1).\n\n#### 17 Rules of conduct\n\n  (1) The Minister must, by legislative instrument, formulate rules of conduct relating to the provision of hearing services to voucher‑holders.\n  (2) Rules of conduct have effect only for the purposes of section 18.\n\n> Note: Section 18 provides that compliance with rules of conduct is a condition of an entity’s accreditation.\n\n  (3) Rules of conduct may make provision for or in relation to a matter by conferring a power on the Minister.\n  (4) Rules of conduct may prohibit or regulate the charging of fees or other consideration payable by a voucher‑holder, where the fee or consideration is in respect of the provision by an accredited service provider of a hearing service that is available to the holder under the voucher.\n  (5) Rules of conduct may require an accredited service provider to:\n    (a) take all reasonable steps to ensure that each individual who (whether in the capacity of employee or otherwise) works, or is to work, for the service provider in the provision of specified hearing services to voucher‑holders holds such qualifications as are ascertained in accordance with the rules; and\n    (b) inform the Minister of the names and qualifications of those individuals.\n  (6) Subsections (3), (4) and (5) do not, by implication, limit subsection (1).\n\n#### 18 Compliance with rules of conduct\n\n  (1) In addition to the conditions to which an entity’s accreditation is subject under the accreditation scheme, the accreditation is subject to the condition mentioned in subsection (2).\n  (2) It is a condition of the accreditation of an entity that the entity must comply with the rules of conduct.\n  (3) The condition mentioned in subsection (2) has effect only if the entity is a contracted service provider.\n  (4) This section does not, by implication, limit the generality of section 16 (which deals with conditions under the accreditation scheme).\n\n#### 19 Disqualification for fraud, dishonesty etc.\n\n  (1) The Minister must not accredit an individual or a body corporate under the accreditation scheme at a particular time if the individual or body corporate is a disqualified person at that time.\n\n> Note: Disqualified person is defined by subsection (5).\n\n  (2) The Minister must not accredit a body corporate under the accreditation scheme at a particular time if any of the following individuals is a disqualified person at that time:\n    (a) a director of the body corporate;\n    (b) a secretary of the body corporate;\n    (c) a person (by whatever name called and whether or not a director of the body corporate) who is concerned in, or takes part in, the management of the body corporate.\n\n> Note: Disqualified person is defined by subsection (5).\n\n  (3) The Minister must not accredit a partnership under the accreditation scheme at a particular time if:\n    (a) in a case where a partner is an individual—the partner is a disqualified person at that time; or\n    (b) in a case where a partner is a body corporate—any of the following individuals is a disqualified person at that time:\n    (i) a director of the body corporate;\n    (ii) a secretary of the body corporate;\n    (iii) a person (by whatever name called and whether or not a director of the body corporate) who is concerned in, or takes part in, the management of the body corporate.\n\n> Note: Disqualified person is defined by subsection (5).\n\n  (4) The Minister must cancel the accreditation of an entity under the accreditation scheme at a particular time if, assuming that the entity had not been accredited at that time, the Minister would have been prevented by this section from accrediting the entity at that time.\n  (5) For the purposes of this section, a person is a disqualified person at a particular time if:\n    (a) the person has been convicted (whether before or after the commencement of this section) of a disqualifying offence (as defined by subsection (6)); and\n    (b) if the person was sentenced to imprisonment—the time occurs during the period:\n    (i) beginning when the person was convicted; and\n    (ii) ending 5 years after the person’s release from prison; and\n    (c) if the person was not sentenced to imprisonment—the time occurs during the period:\n    (i) beginning when the person was convicted; and\n    (ii) ending 5 years after the conviction.\n  (6) For the purposes of this section, each of the following offences is a disqualifying offence:\n    (a) an offence against section 136.1, 137.1 or 137.2 of the Criminal Code in respect of a statement that is made to a person who is exercising powers or performing functions under, or in connection with, subsection 21(2) of this Act;\n    (b) an offence that:\n    (i) is an offence against a law of the Commonwealth, a State, a Territory or a foreign country; and\n    (ii) involves fraud or dishonesty; and\n    (iii) is punishable by imprisonment for life or for a period, or maximum period, of at least 2 years.\n  (7) A reference in this section to a conviction of a person of an offence includes a reference to the making of an order under section 19B of the Crimes Act 1914, or under a corresponding provision of a law of a State, a Territory or a foreign country, in relation to a person in respect of an offence.\n\n> Note: Section 19B of the Crimes Act 1914 empowers a court that has found a person to have committed an offence to take action without proceeding to record a conviction.\n\n  (8) This section does not, by implication, limit the generality of sections 15 and 16 (which deal with the accreditation scheme).\n  (9) This section does not affect the operation of Part VIIC of the Crimes Act 1914 (which includes provisions relieving persons from requirements to disclose convictions).\n\n### Division 3—Contracted service providers\n\n#### 20 Contracted service providers\n\n  (1) The Minister may, on behalf of the Commonwealth, engage an accredited service provider to provide hearing services to voucher‑holders, where each hearing service is available to the holder under the voucher. An accredited service provider engaged under this section is to be known as a contracted service provider.\n  (2) The terms and conditions of the engagement are to be set out in a written agreement between the Minister (on behalf of the Commonwealth) and the contracted service provider. The terms and conditions must be consistent with the accreditation scheme and the rules of conduct.\n  (3) Each condition of the accreditation of the contracted service provider is taken to be a condition of the engagement. This subsection does not limit subsection (2).\n  (4) The cancellation or surrender of the accreditation of the contracted service provider terminates the engagement without giving the service provider any entitlement to compensation or damages. This subsection does not limit subsection (2).\n  (5) AHS may enter into an agreement under this section at any time after the commencement of this section.\n\n#### 21 Payments to contracted service providers\n\n  (1) An agreement under section 20 may provide for amounts to be paid by the Commonwealth to a contracted service provider. This subsection does not limit subsection 20(2).\n  (2) A payment referred to in subsection (1) must not be paid unless:\n    (a) a claim for the payment is given to the claims acceptance body; and\n    (b) the claims acceptance body accepts the claim on behalf of the Commonwealth.\n  (3) The claims acceptance body may authorise a claim for payment to be given to the claims acceptance body in accordance with specified software requirements:\n    (a) on a specified kind of data processing device; or\n    (b) by way of a specified kind of electronic transmission.\n  (4) A payment referred to in subsection (1) may be made by the claims payment body on behalf of the Commonwealth.\n  (6) The Minister may, by writing, declare that a specified body is the claims acceptance body for the purposes of this section. The declaration has effect accordingly.\n  (7) The Minister may, by writing, declare that a specified body is the claims payment body for the purposes of this section. The declaration has effect accordingly.\n  (8) This section does not prevent the claims acceptance body from being the same body as the claims payment body.\n  (9) The Minister must not make a determination under subsection (6) or (7) in relation to an incorporated company unless the company consents to the making of the determination.\n  (10) In this section:\n\n> body means:\n\n    (a) the Department; or\n    (b) an authority of the Commonwealth; or\n    (c) an incorporated company; or\n    (d) the Chief Executive Medicare.\n\n#### 23 Repayments by contracted service providers\n\n  (1) If:\n    (a) an amount is paid to an entity as mentioned in subsection 21(1); and\n    (b) the amount is paid subject to a condition (whether a condition precedent or a condition subsequent); and\n    (c) the condition was contravened;\n  the entity is liable to repay the amount to the Commonwealth.\n  (2) A payment to an entity as mentioned in subsection 21(1) is taken to be made subject to a condition that a false or misleading statement has not been made by or on behalf of the entity in connection with a claim for the payment.\n  (3) This section does not, by implication, limit the generality of subsection 20(2) (which deals with the terms and conditions of the engagement of contracted service providers).\n\n#### 24 Recovery of overpayments etc.\n\n  (1) For the purposes of this section, each of the following amounts is a service provider debt:\n    (a) so much of an amount paid, or purportedly paid, to an entity as mentioned in subsection 21(1) as represents an overpayment;\n    (b) an amount that is repayable as mentioned in section 23 (which deals with conditional payments).\n  (2) A service provider debt is a debt due to the Commonwealth.\n  (3) A service provider debt may be recovered by the Commonwealth by action in a court of competent jurisdiction.\n  (4) If an entity is liable to pay a service provider debt, the service provider debt may be deducted from one or more other amounts that are payable to the entity as mentioned in subsection 21(1), and if it is so deducted, the other amounts are taken to have been paid to the entity to the extent of the deduction.\n\n## Part 4—Administration\n\n#### 25 Simplified outline\n\n  The following is a simplified outline of this Part:\n\n• The Minister must establish a complaints‑handling mechanism.\n\n• The Minister may delegate powers conferred on the Minister by this Act.\n\n#### 26 Arrangements for dealing with complaints\n\n  The Minister must take all reasonable steps to ensure that there are at all times in force arrangements under which:\n    (a) a participant in the voucher system has the right to make a complaint about the provision to the participant of hearing services in accordance with an agreement under Part 3; and\n    (b) a complaint so made will be properly considered and dealt with within 90 days after it was made.\n\n#### 27 Delegation\n\n  (1) The Minister may, by writing, delegate all or any of the Minister’s functions and powers under this Act to:\n    (a) the Secretary of the Department; or\n    (b) any other officer of the Department.\n  (2) Subsection (1) does not apply to the Minister’s powers to make an instrument under subsection 5(3), 11(1), 13(1), 15(1) or 17(1).\n  (3) In this section:\n\n> this Act includes:\n\n    (a) the voucher rules; and\n    (b) the accreditation scheme; and\n    (c) the rules of conduct.\n\n## Part 5—Review of decisions\n\n#### 28 Simplified outline\n\n  The following is a simplified outline of this Part:\n\n• Certain decisions of the Minister may be reviewed by the Administrative Review Tribunal following a process of reconsideration by the Minister.\n\n#### 29 Decisions that may be subject to reconsideration by the Minister\n\n  An application may be made to the Minister for reconsideration of any of the following decisions:\n    (a) a decision by the Minister refusing to issue a voucher to a participant in the voucher system;\n    (b) a decision made by the Minister under the voucher rules;\n    (c) a decision made by the Minister under the accreditation scheme;\n    (d) a decision made by the Minister under a condition of accreditation;\n    (e) a decision made by the Minister under the rules of conduct;\n    (f) a decision of the Minister made under section 19 (which deals with disqualification for fraud, dishonesty etc.).\n\n#### 30 Statements to accompany notification of decisions\n\n  (1) If the Minister makes a decision of a kind referred to in section 29 and gives written notice of the decision to a person whose interests are affected by the decision, the notice must include:\n    (a) a statement to the effect that a person affected by the decision may, if he or she is dissatisfied with the decision, seek a reconsideration of the decision by the Minister under subsection 31(1); and\n    (b) a statement to the effect that, if a person who has applied for a reconsideration is dissatisfied with the Minister’s decision on the reconsideration:\n    (i) subject to the Administrative Review Tribunal Act 2024, application may be made to the Administrative Review Tribunal for review of the decision on that reconsideration; and\n    (ii) the person may, under section 268 of that Act, request a statement of reasons for the decision on that reconsideration.\n  (2) Failure to comply with this section does not affect the validity of a decision.\n\n#### 31 Applications for reconsideration of decisions\n\n  (1) A person affected by a decision of a kind referred to in section 29 who is dissatisfied with the decision may apply to the Minister for the Minister to reconsider the decision.\n  (2) The application must:\n    (a) be in a form approved in writing by the Minister; and\n    (b) set out the reasons for the application.\n  (3) The application must be made within:\n    (a) 28 days after the applicant is informed of the decision; or\n    (b) if, either before or after the end of that period of 28 days, the Minister extends the period within which the application may be made—the extended period for making the application.\n  (4) An approved form of an application may provide for verification by statutory declaration of statements in applications.\n\n#### 32 Reconsideration by the Minister\n\n  (1) Upon receiving such an application, the Minister must:\n    (a) reconsider the decision; and\n    (b) affirm, vary or revoke the decision.\n  (2) The Minister’s decision on reconsideration of a decision has effect as if it had been made under the provision under which the original decision was made.\n  (3) The Minister must give to the applicant a notice stating the Minister’s decision on the reconsideration together with a statement of the Minister’s reasons for the Minister’s decision.\n\n#### 33 Deadlines for reconsiderations\n\n  (1) The Minister must make his or her decision on reconsideration of a decision within 90 days after receiving an application for reconsideration.\n  (2) The Minister is taken, for the purposes of this Part, to have made a decision affirming the original decision if the Minister has not informed the applicant of the Minister’s decision on the reconsideration before the end of the period of 90 days.\n\n#### 34 Statements to accompany notification of decisions on reconsideration\n\n  (1) A notice under subsection 32(3) notifying the applicant that a decision has been affirmed or varied must include:\n    (a) a statement to the effect that a person whose interests are affected by the decision so affirmed or varied may, subject to the Administrative Review Tribunal Act 2024, apply to the Administrative Review Tribunal for review of the decision; and\n    (b) a statement to the effect that the person may, under section 268 of that Act, request a statement of reasons for the decision so affirmed or varied.\n  (2) Failure to comply with this section does not affect the validity of a decision.\n\n#### 35 Review by the Administrative Review Tribunal\n\n  Applications may be made to the Administrative Review Tribunal to review a decision of a kind referred to in section 29 if the Minister has affirmed or varied the decision under section 32.\n\n## Part 6—Injunctions\n\n#### 36 Simplified outline\n\n  The following is a simplified outline of this Part:\n\n The Federal Court may grant injunctions in relation to contraventions of:\n\n(a) this Act; or\n\n(b) the voucher rules; and\n\n(c) a condition of an accreditation; or\n\n(d) an agreement under section 20.\n\n#### 37 Injunctions\n\n  Restraining injunctions\n  (1) If an entity has engaged, is engaging or is proposing to engage, in any conduct in contravention of:\n    (a) this Act; or\n    (b) the voucher rules; or\n    (c) if the entity is accredited under the accreditation scheme—a condition of that accreditation; or\n    (d) if the entity is engaged under section 20—an agreement under that section;\n  the Federal Court may, on the application of the Minister, grant an injunction:\n    (e) restraining the entity from engaging in the conduct; and\n    (f) if, in the court’s opinion, it is desirable to do so—requiring the entity to do something.\n  Performance injunctions\n  (2) If:\n    (a) an entity has refused or failed, or is refusing or failing, or is proposing to refuse or fail, to do an act or thing; and\n    (b) the refusal or failure was, is or would be a contravention of:\n    (i) this Act; or\n    (ii) the voucher rules; or\n    (iii) if the entity is accredited under the accreditation scheme—a condition of that accreditation; or\n    (iv) if the entity is engaged under section 20—an agreement under that section;\n  the Federal Court may, on the application of the Minister, grant an injunction requiring the entity to do that act or thing.\n\n#### 38 Interim injunctions\n\n  Grant of interim injunction\n  (1) If an application is made to the court for an injunction under section 37, the court may, before considering the application, grant an interim injunction restraining an entity from engaging in conduct of a kind referred to in that section.\n  No undertakings as to damages\n  (2) The court is not to require an applicant for an injunction under section 37, as a condition of granting an interim injunction, to give any undertakings as to damages.\n\n#### 39 Discharge etc. of injunctions\n\n  The court may discharge or vary an injunction granted under this Part.\n\n#### 40 Certain limits on granting injunctions not to apply\n\n  Restraining injunctions\n  (1) The power of the court under this Part to grant an injunction restraining an entity from engaging in conduct of a particular kind may be exercised:\n    (a) if the court is satisfied that the entity has engaged in conduct of that kind—whether or not it appears to the court that the entity intends to engage again, or to continue to engage, in conduct of that kind; or\n    (b) if it appears to the court that, if an injunction is not granted, it is likely that the entity will engage in conduct of that kind—whether or not the entity has previously engaged in conduct of that kind and whether or not there is an imminent danger of substantial damage to any entity if the entity engages in conduct of that kind.\n  Performance injunctions\n  (2) The power of the court to grant an injunction requiring an entity to do an act or thing may be exercised:\n    (a) if the court is satisfied that the entity has refused or failed to do that act or thing—whether or not it appears to the court that the entity intends to refuse or fail again, or to continue to refuse or fail, to do that act or thing; or\n    (b) if it appears to the court that, if an injunction is not granted, it is likely that the entity will refuse or fail to do that act or thing—whether or not the entity has previously refused or failed to do that act or thing and whether or not there is an imminent danger of substantial damage to any entity if the entity refuses or fails to do that act or thing.\n\n#### 41 Other powers of the court unaffected\n\n  The powers conferred on the court under this Part are in addition to, and not instead of, any other powers of the court, whether conferred by this Act or otherwise.\n\n## Part 7—Vicarious liability\n\n#### 42 Simplified outline\n\n  The following is a simplified outline of this Part:\n\n• This Part deals with proof in civil proceedings of matters that involve employees, agents etc.\n\n#### 43 Liability of corporations\n\n  State of mind\n  (1) If, in a civil proceeding under this Act in respect of conduct engaged in by a corporation, it is necessary to establish the state of mind of the corporation, it is sufficient to show that:\n    (a) a director, employee or agent of the corporation engaged in that conduct; and\n    (b) the director, employee or agent was, in engaging in that conduct, acting within the scope of his or her actual or apparent authority; and\n    (c) the director, employee or agent had that state of mind.\n  Conduct\n  (2) If:\n    (a) conduct is engaged in on behalf of a corporation by a director, employee or agent of the corporation; and\n    (b) the conduct is within the scope of his or her actual or apparent authority;\n  the conduct is taken, for the purposes of a civil proceeding under this Act, to have been engaged in by the corporation unless the corporation establishes that it took reasonable precautions and exercised due diligence to avoid the conduct.\n  Extended meaning of state of mind\n  (3) A reference in subsection (1) to the state of mind of a person includes a reference to:\n    (a) the knowledge, intention, opinion, belief or purpose of the person; and\n    (b) the person’s reasons for the intention, opinion, belief or purpose.\n  Extended meaning of director\n  (4) A reference in this section to a director of a corporation includes a reference to a constituent member of a body corporate incorporated for a public purpose by a law of the Commonwealth, a State or a Territory.\n  Extended meaning of engaging in conduct\n  (5) A reference in this section to engaging in conduct includes a reference to failing or refusing to engage in conduct.\n\n#### 44 Liability of persons other than corporations\n\n  State of mind\n  (1) If, in civil proceedings under this Act in respect of conduct engaged in by a person other than a corporation, it is necessary to establish the state of mind of the person, it is sufficient to show that:\n    (a) the conduct was engaged in by an employee or agent of the person within the scope of his or her actual or apparent authority; and\n    (b) the employee or agent had that state of mind.\n  Conduct\n  (2) If:\n    (a) conduct is engaged in on behalf of a person other than a corporation by an employee or agent of the person; and\n    (b) the conduct is within the employee’s or agent’s actual or apparent authority;\n  the conduct is taken, for the purposes of a civil proceeding under this Act, to have been engaged in by the person unless the person establishes that he or she took reasonable precautions and exercised due diligence to avoid the conduct.\n  Extended meaning of state of mind\n  (3) A reference in this section to the state of mind of a person includes a reference to:\n    (a) the knowledge, intention, opinion, belief or purpose of the person; and\n    (b) the person’s reasons for the intention, opinion, belief or purpose.\n  Extended meaning of engaging in conduct\n  (4) A reference in this section to engaging in conduct includes a reference to failing or refusing to engage in conduct.\n\n## Part 8—Miscellaneous\n\n#### 45 Simplified outline\n\n  The following is a simplified outline of this Part:\n\n• The Criminal Code applies to offences against this Act.\n\n• Partnerships are to be treated as persons for the purposes of this Act.\n\n• Provision is made in relation to the service of documents.\n\n• The Governor‑General may make regulations for the purposes of this Act.\n\n#### 46 Application of Criminal Code\n\n  Chapter 2 of the Criminal Code applies to all offences against this Act.\n\n#### 47 Treatment of partnerships\n\n  This Act applies to a partnership as if the partnership were a person. However, obligations that would be imposed on the partnership are imposed instead on each partner, but may be discharged by any of the partners.\n\n#### 48 Giving of documents to partnerships\n\n  For the purposes of this Act, if a document is given to a partner of a partnership in accordance with section 28A of the Acts Interpretation Act 1901, the document is taken to have been given to the partnership.\n\n#### 49 Nomination of address for service of documents\n\n  (1) For the purposes of this Act, a person may nominate an address for service in:\n    (a) an application made by the person under this Act; or\n    (b) any other document given by the person to the Minister.\n  The address must be in Australia.\n  (2) For the purposes of this Act, a document may be given to the person by leaving it at, or by sending it by pre‑paid post to, the nominated address for service.\n  (3) Subsection (2) has effect in addition to section 28A of the Acts Interpretation Act 1901.\n\n> Note: Section 28A of the Acts Interpretation Act 1901 deals with the service of documents.\n\n  (4) In this section:\n\n> this Act includes:\n\n    (a) the voucher rules; and\n    (b) the accreditation scheme; and\n    (c) the rules of conduct.\n\n#### 50 Regulations\n\n  The Governor‑General may make regulations prescribing matters:\n    (a) required or permitted by this Act to be prescribed; or\n    (b) necessary or convenient to be prescribed for carrying out or giving effect to this Act.","sortOrder":19},{"sectionNumber":"14","sectionType":"section","heading":"Simplified outline","content":"#### 14 Simplified outline\n\n  The following is a simplified outline of this Part:\n\n• The Minister must formulate an accreditation scheme for the accreditation of entities as service providers.\n\n• The Minister may accredit entities as service providers under the accreditation scheme. The accreditation may be subject to conditions. An entity accredited by the Minister is to be known as an accredited service provider.\n\n• The Minister may engage an accredited service provider to provide available hearing services to voucher‑holders. A service provider engaged by the Minister is to be known as a contracted service provider.\n\n• The Minister must formulate rules of conduct that apply to contracted service providers in relation to the provision of hearing services to voucher‑holders.","sortOrder":21},{"sectionNumber":"15","sectionType":"section","heading":"Accreditation of service providers","content":"#### 15 Accreditation of service providers\n\n  (1) The Minister must, by legislative instrument, formulate a scheme for the accreditation of entities as service providers. The scheme is to be known as the accreditation scheme.\n\n> Note 1: Entity is defined by section 4.\n\n> Note 2: Accreditation means that the entity is eligible to be engaged as a contracted service provider under section 20.\n\n  (2) The accreditation scheme must empower the Minister to make decisions:\n    (a) accrediting entities; and\n    (b) cancelling the accreditation of entities.\n  (3) The accreditation scheme may make provision for fees to be charged in respect of the making of applications under the scheme.\n  (4) The accreditation scheme may make provision for an entity to surrender its accreditation to the Minister.\n  (5) The accreditation scheme must make provision for and in relation to the keeping of a register by the Minister of entities accredited under the accreditation scheme. In particular, the accreditation scheme may make provision for the following:\n    (a) the register to be kept in such form and manner as the Minister directs;\n    (b) persons to inspect the register;\n    (c) persons to obtain information contained in the register;\n    (d) fees to be charged for such an inspection or providing such information.\n  (6) Subsections (2), (3), (4) and (5) do not, by implication, limit subsection (1).\n  (7) The Minister must give a free copy of the accreditation scheme to any person who requests a copy.","sortOrder":23},{"sectionNumber":"16","sectionType":"section","heading":"Conditions of accreditation","content":"#### 16 Conditions of accreditation\n\n  (1) The accreditation scheme must empower the Minister to accredit an entity subject to one or more conditions specified in the instrument of accreditation. The accreditation scheme may also empower the Minister to:\n    (a) impose one or more further conditions to which the accreditation is subject; and\n    (b) revoke or vary any condition:\n    (i) specified in the instrument of accreditation; or\n    (ii) imposed under paragraph (a).\n  (2) A condition may be expressed to have effect only if the entity is engaged under section 20.\n  (3) A condition of an accreditation may make provision for or in relation to a matter by conferring a power on the Minister.\n  (4) The accreditation scheme may empower the Minister to make a decision cancelling the accreditation of an entity if the entity contravenes a condition of the accreditation. This subsection does not, by implication, limit paragraph 15(2)(b).\n  (5) The accreditation scheme may empower the Minister to issue a formal warning if an entity contravenes a condition of its accreditation.\n  (6) Subsections (2), (3), (4) and (5) do not, by implication, limit subsection (1).","sortOrder":24},{"sectionNumber":"17","sectionType":"section","heading":"Rules of conduct","content":"#### 17 Rules of conduct\n\n  (1) The Minister must, by legislative instrument, formulate rules of conduct relating to the provision of hearing services to voucher‑holders.\n  (2) Rules of conduct have effect only for the purposes of section 18.\n\n> Note: Section 18 provides that compliance with rules of conduct is a condition of an entity’s accreditation.\n\n  (3) Rules of conduct may make provision for or in relation to a matter by conferring a power on the Minister.\n  (4) Rules of conduct may prohibit or regulate the charging of fees or other consideration payable by a voucher‑holder, where the fee or consideration is in respect of the provision by an accredited service provider of a hearing service that is available to the holder under the voucher.\n  (5) Rules of conduct may require an accredited service provider to:\n    (a) take all reasonable steps to ensure that each individual who (whether in the capacity of employee or otherwise) works, or is to work, for the service provider in the provision of specified hearing services to voucher‑holders holds such qualifications as are ascertained in accordance with the rules; and\n    (b) inform the Minister of the names and qualifications of those individuals.\n  (6) Subsections (3), (4) and (5) do not, by implication, limit subsection (1).","sortOrder":25},{"sectionNumber":"18","sectionType":"section","heading":"Compliance with rules of conduct","content":"#### 18 Compliance with rules of conduct\n\n  (1) In addition to the conditions to which an entity’s accreditation is subject under the accreditation scheme, the accreditation is subject to the condition mentioned in subsection (2).\n  (2) It is a condition of the accreditation of an entity that the entity must comply with the rules of conduct.\n  (3) The condition mentioned in subsection (2) has effect only if the entity is a contracted service provider.\n  (4) This section does not, by implication, limit the generality of section 16 (which deals with conditions under the accreditation scheme).","sortOrder":26},{"sectionNumber":"19","sectionType":"section","heading":"Disqualification for fraud, dishonesty etc.","content":"#### 19 Disqualification for fraud, dishonesty etc.\n\n  (1) The Minister must not accredit an individual or a body corporate under the accreditation scheme at a particular time if the individual or body corporate is a disqualified person at that time.\n\n> Note: Disqualified person is defined by subsection (5).\n\n  (2) The Minister must not accredit a body corporate under the accreditation scheme at a particular time if any of the following individuals is a disqualified person at that time:\n    (a) a director of the body corporate;\n    (b) a secretary of the body corporate;\n    (c) a person (by whatever name called and whether or not a director of the body corporate) who is concerned in, or takes part in, the management of the body corporate.\n\n> Note: Disqualified person is defined by subsection (5).\n\n  (3) The Minister must not accredit a partnership under the accreditation scheme at a particular time if:\n    (a) in a case where a partner is an individual—the partner is a disqualified person at that time; or\n    (b) in a case where a partner is a body corporate—any of the following individuals is a disqualified person at that time:\n    (i) a director of the body corporate;\n    (ii) a secretary of the body corporate;\n    (iii) a person (by whatever name called and whether or not a director of the body corporate) who is concerned in, or takes part in, the management of the body corporate.\n\n> Note: Disqualified person is defined by subsection (5).\n\n  (4) The Minister must cancel the accreditation of an entity under the accreditation scheme at a particular time if, assuming that the entity had not been accredited at that time, the Minister would have been prevented by this section from accrediting the entity at that time.\n  (5) For the purposes of this section, a person is a disqualified person at a particular time if:\n    (a) the person has been convicted (whether before or after the commencement of this section) of a disqualifying offence (as defined by subsection (6)); and\n    (b) if the person was sentenced to imprisonment—the time occurs during the period:\n    (i) beginning when the person was convicted; and\n    (ii) ending 5 years after the person’s release from prison; and\n    (c) if the person was not sentenced to imprisonment—the time occurs during the period:\n    (i) beginning when the person was convicted; and\n    (ii) ending 5 years after the conviction.\n  (6) For the purposes of this section, each of the following offences is a disqualifying offence:\n    (a) an offence against section 136.1, 137.1 or 137.2 of the Criminal Code in respect of a statement that is made to a person who is exercising powers or performing functions under, or in connection with, subsection 21(2) of this Act;\n    (b) an offence that:\n    (i) is an offence against a law of the Commonwealth, a State, a Territory or a foreign country; and\n    (ii) involves fraud or dishonesty; and\n    (iii) is punishable by imprisonment for life or for a period, or maximum period, of at least 2 years.\n  (7) A reference in this section to a conviction of a person of an offence includes a reference to the making of an order under section 19B of the Crimes Act 1914, or under a corresponding provision of a law of a State, a Territory or a foreign country, in relation to a person in respect of an offence.\n\n> Note: Section 19B of the Crimes Act 1914 empowers a court that has found a person to have committed an offence to take action without proceeding to record a conviction.\n\n  (8) This section does not, by implication, limit the generality of sections 15 and 16 (which deal with the accreditation scheme).\n  (9) This section does not affect the operation of Part VIIC of the Crimes Act 1914 (which includes provisions relieving persons from requirements to disclose convictions).","sortOrder":27},{"sectionNumber":"20","sectionType":"section","heading":"Contracted service providers","content":"#### 20 Contracted service providers\n\n  (1) The Minister may, on behalf of the Commonwealth, engage an accredited service provider to provide hearing services to voucher‑holders, where each hearing service is available to the holder under the voucher. An accredited service provider engaged under this section is to be known as a contracted service provider.\n  (2) The terms and conditions of the engagement are to be set out in a written agreement between the Minister (on behalf of the Commonwealth) and the contracted service provider. The terms and conditions must be consistent with the accreditation scheme and the rules of conduct.\n  (3) Each condition of the accreditation of the contracted service provider is taken to be a condition of the engagement. This subsection does not limit subsection (2).\n  (4) The cancellation or surrender of the accreditation of the contracted service provider terminates the engagement without giving the service provider any entitlement to compensation or damages. This subsection does not limit subsection (2).\n  (5) AHS may enter into an agreement under this section at any time after the commencement of this section.","sortOrder":29},{"sectionNumber":"21","sectionType":"section","heading":"Payments to contracted service providers","content":"#### 21 Payments to contracted service providers\n\n  (1) An agreement under section 20 may provide for amounts to be paid by the Commonwealth to a contracted service provider. This subsection does not limit subsection 20(2).\n  (2) A payment referred to in subsection (1) must not be paid unless:\n    (a) a claim for the payment is given to the claims acceptance body; and\n    (b) the claims acceptance body accepts the claim on behalf of the Commonwealth.\n  (3) The claims acceptance body may authorise a claim for payment to be given to the claims acceptance body in accordance with specified software requirements:\n    (a) on a specified kind of data processing device; or\n    (b) by way of a specified kind of electronic transmission.\n  (4) A payment referred to in subsection (1) may be made by the claims payment body on behalf of the Commonwealth.\n  (6) The Minister may, by writing, declare that a specified body is the claims acceptance body for the purposes of this section. The declaration has effect accordingly.\n  (7) The Minister may, by writing, declare that a specified body is the claims payment body for the purposes of this section. The declaration has effect accordingly.\n  (8) This section does not prevent the claims acceptance body from being the same body as the claims payment body.\n  (9) The Minister must not make a determination under subsection (6) or (7) in relation to an incorporated company unless the company consents to the making of the determination.\n  (10) In this section:\n\n> body means:\n\n    (a) the Department; or\n    (b) an authority of the Commonwealth; or\n    (c) an incorporated company; or\n    (d) the Chief Executive Medicare.","sortOrder":30},{"sectionNumber":"23","sectionType":"section","heading":"Repayments by contracted service providers","content":"#### 23 Repayments by contracted service providers\n\n  (1) If:\n    (a) an amount is paid to an entity as mentioned in subsection 21(1); and\n    (b) the amount is paid subject to a condition (whether a condition precedent or a condition subsequent); and\n    (c) the condition was contravened;\n  the entity is liable to repay the amount to the Commonwealth.\n  (2) A payment to an entity as mentioned in subsection 21(1) is taken to be made subject to a condition that a false or misleading statement has not been made by or on behalf of the entity in connection with a claim for the payment.\n  (3) This section does not, by implication, limit the generality of subsection 20(2) (which deals with the terms and conditions of the engagement of contracted service providers).","sortOrder":31},{"sectionNumber":"24","sectionType":"section","heading":"Recovery of overpayments etc.","content":"#### 24 Recovery of overpayments etc.\n\n  (1) For the purposes of this section, each of the following amounts is a service provider debt:\n    (a) so much of an amount paid, or purportedly paid, to an entity as mentioned in subsection 21(1) as represents an overpayment;\n    (b) an amount that is repayable as mentioned in section 23 (which deals with conditional payments).\n  (2) A service provider debt is a debt due to the Commonwealth.\n  (3) A service provider debt may be recovered by the Commonwealth by action in a court of competent jurisdiction.\n  (4) If an entity is liable to pay a service provider debt, the service provider debt may be deducted from one or more other amounts that are payable to the entity as mentioned in subsection 21(1), and if it is so deducted, the other amounts are taken to have been paid to the entity to the extent of the deduction.","sortOrder":32},{"sectionNumber":"Part 4","sectionType":"part","heading":"Administration","content":"## Part 4—Administration","sortOrder":33},{"sectionNumber":"25","sectionType":"section","heading":"Simplified outline","content":"#### 25 Simplified outline\n\n  The following is a simplified outline of this Part:\n\n• The Minister must establish a complaints‑handling mechanism.\n\n• The Minister may delegate powers conferred on the Minister by this Act.","sortOrder":34},{"sectionNumber":"26","sectionType":"section","heading":"Arrangements for dealing with complaints","content":"#### 26 Arrangements for dealing with complaints\n\n  The Minister must take all reasonable steps to ensure that there are at all times in force arrangements under which:\n    (a) a participant in the voucher system has the right to make a complaint about the provision to the participant of hearing services in accordance with an agreement under Part 3; and\n    (b) a complaint so made will be properly considered and dealt with within 90 days after it was made.","sortOrder":35},{"sectionNumber":"27","sectionType":"section","heading":"Delegation","content":"#### 27 Delegation\n\n  (1) The Minister may, by writing, delegate all or any of the Minister’s functions and powers under this Act to:\n    (a) the Secretary of the Department; or\n    (b) any other officer of the Department.\n  (2) Subsection (1) does not apply to the Minister’s powers to make an instrument under subsection 5(3), 11(1), 13(1), 15(1) or 17(1).\n  (3) In this section:\n\n> this Act includes:\n\n    (a) the voucher rules; and\n    (b) the accreditation scheme; and\n    (c) the rules of conduct.","sortOrder":36},{"sectionNumber":"Part 5","sectionType":"part","heading":"Review of decisions","content":"## Part 5—Review of decisions","sortOrder":37},{"sectionNumber":"28","sectionType":"section","heading":"Simplified outline","content":"#### 28 Simplified outline\n\n  The following is a simplified outline of this Part:\n\n• Certain decisions of the Minister may be reviewed by the Administrative Review Tribunal following a process of reconsideration by the Minister.","sortOrder":38},{"sectionNumber":"29","sectionType":"section","heading":"Decisions that may be subject to reconsideration by the Minister","content":"#### 29 Decisions that may be subject to reconsideration by the Minister\n\n  An application may be made to the Minister for reconsideration of any of the following decisions:\n    (a) a decision by the Minister refusing to issue a voucher to a participant in the voucher system;\n    (b) a decision made by the Minister under the voucher rules;\n    (c) a decision made by the Minister under the accreditation scheme;\n    (d) a decision made by the Minister under a condition of accreditation;\n    (e) a decision made by the Minister under the rules of conduct;\n    (f) a decision of the Minister made under section 19 (which deals with disqualification for fraud, dishonesty etc.).","sortOrder":39},{"sectionNumber":"30","sectionType":"section","heading":"Statements to accompany notification of decisions","content":"#### 30 Statements to accompany notification of decisions\n\n  (1) If the Minister makes a decision of a kind referred to in section 29 and gives written notice of the decision to a person whose interests are affected by the decision, the notice must include:\n    (a) a statement to the effect that a person affected by the decision may, if he or she is dissatisfied with the decision, seek a reconsideration of the decision by the Minister under subsection 31(1); and\n    (b) a statement to the effect that, if a person who has applied for a reconsideration is dissatisfied with the Minister’s decision on the reconsideration:\n    (i) subject to the Administrative Review Tribunal Act 2024, application may be made to the Administrative Review Tribunal for review of the decision on that reconsideration; and\n    (ii) the person may, under section 268 of that Act, request a statement of reasons for the decision on that reconsideration.\n  (2) Failure to comply with this section does not affect the validity of a decision.","sortOrder":40},{"sectionNumber":"31","sectionType":"section","heading":"Applications for reconsideration of decisions","content":"#### 31 Applications for reconsideration of decisions\n\n  (1) A person affected by a decision of a kind referred to in section 29 who is dissatisfied with the decision may apply to the Minister for the Minister to reconsider the decision.\n  (2) The application must:\n    (a) be in a form approved in writing by the Minister; and\n    (b) set out the reasons for the application.\n  (3) The application must be made within:\n    (a) 28 days after the applicant is informed of the decision; or\n    (b) if, either before or after the end of that period of 28 days, the Minister extends the period within which the application may be made—the extended period for making the application.\n  (4) An approved form of an application may provide for verification by statutory declaration of statements in applications.","sortOrder":41},{"sectionNumber":"32","sectionType":"section","heading":"Reconsideration by the Minister","content":"#### 32 Reconsideration by the Minister\n\n  (1) Upon receiving such an application, the Minister must:\n    (a) reconsider the decision; and\n    (b) affirm, vary or revoke the decision.\n  (2) The Minister’s decision on reconsideration of a decision has effect as if it had been made under the provision under which the original decision was made.\n  (3) The Minister must give to the applicant a notice stating the Minister’s decision on the reconsideration together with a statement of the Minister’s reasons for the Minister’s decision.","sortOrder":42},{"sectionNumber":"33","sectionType":"section","heading":"Deadlines for reconsiderations","content":"#### 33 Deadlines for reconsiderations\n\n  (1) The Minister must make his or her decision on reconsideration of a decision within 90 days after receiving an application for reconsideration.\n  (2) The Minister is taken, for the purposes of this Part, to have made a decision affirming the original decision if the Minister has not informed the applicant of the Minister’s decision on the reconsideration before the end of the period of 90 days.","sortOrder":43},{"sectionNumber":"34","sectionType":"section","heading":"Statements to accompany notification of decisions on reconsideration","content":"#### 34 Statements to accompany notification of decisions on reconsideration\n\n  (1) A notice under subsection 32(3) notifying the applicant that a decision has been affirmed or varied must include:\n    (a) a statement to the effect that a person whose interests are affected by the decision so affirmed or varied may, subject to the Administrative Review Tribunal Act 2024, apply to the Administrative Review Tribunal for review of the decision; and\n    (b) a statement to the effect that the person may, under section 268 of that Act, request a statement of reasons for the decision so affirmed or varied.\n  (2) Failure to comply with this section does not affect the validity of a decision.","sortOrder":44},{"sectionNumber":"35","sectionType":"section","heading":"Review by the Administrative Review Tribunal","content":"#### 35 Review by the Administrative Review Tribunal\n\n  Applications may be made to the Administrative Review Tribunal to review a decision of a kind referred to in section 29 if the Minister has affirmed or varied the decision under section 32.","sortOrder":45},{"sectionNumber":"Part 6","sectionType":"part","heading":"Injunctions","content":"## Part 6—Injunctions","sortOrder":46},{"sectionNumber":"36","sectionType":"section","heading":"Simplified outline","content":"#### 36 Simplified outline\n\n  The following is a simplified outline of this Part:\n\n The Federal Court may grant injunctions in relation to contraventions of:\n\n(a) this Act; or\n\n(b) the voucher rules; and\n\n(c) a condition of an accreditation; or\n\n(d) an agreement under section 20.","sortOrder":47},{"sectionNumber":"37","sectionType":"section","heading":"Injunctions","content":"#### 37 Injunctions\n\n  Restraining injunctions\n  (1) If an entity has engaged, is engaging or is proposing to engage, in any conduct in contravention of:\n    (a) this Act; or\n    (b) the voucher rules; or\n    (c) if the entity is accredited under the accreditation scheme—a condition of that accreditation; or\n    (d) if the entity is engaged under section 20—an agreement under that section;\n  the Federal Court may, on the application of the Minister, grant an injunction:\n    (e) restraining the entity from engaging in the conduct; and\n    (f) if, in the court’s opinion, it is desirable to do so—requiring the entity to do something.\n  Performance injunctions\n  (2) If:\n    (a) an entity has refused or failed, or is refusing or failing, or is proposing to refuse or fail, to do an act or thing; and\n    (b) the refusal or failure was, is or would be a contravention of:\n    (i) this Act; or\n    (ii) the voucher rules; or\n    (iii) if the entity is accredited under the accreditation scheme—a condition of that accreditation; or\n    (iv) if the entity is engaged under section 20—an agreement under that section;\n  the Federal Court may, on the application of the Minister, grant an injunction requiring the entity to do that act or thing.","sortOrder":48},{"sectionNumber":"38","sectionType":"section","heading":"Interim injunctions","content":"#### 38 Interim injunctions\n\n  Grant of interim injunction\n  (1) If an application is made to the court for an injunction under section 37, the court may, before considering the application, grant an interim injunction restraining an entity from engaging in conduct of a kind referred to in that section.\n  No undertakings as to damages\n  (2) The court is not to require an applicant for an injunction under section 37, as a condition of granting an interim injunction, to give any undertakings as to damages.","sortOrder":49},{"sectionNumber":"39","sectionType":"section","heading":"Discharge etc. of injunctions","content":"#### 39 Discharge etc. of injunctions\n\n  The court may discharge or vary an injunction granted under this Part.","sortOrder":50},{"sectionNumber":"40","sectionType":"section","heading":"Certain limits on granting injunctions not to apply","content":"#### 40 Certain limits on granting injunctions not to apply\n\n  Restraining injunctions\n  (1) The power of the court under this Part to grant an injunction restraining an entity from engaging in conduct of a particular kind may be exercised:\n    (a) if the court is satisfied that the entity has engaged in conduct of that kind—whether or not it appears to the court that the entity intends to engage again, or to continue to engage, in conduct of that kind; or\n    (b) if it appears to the court that, if an injunction is not granted, it is likely that the entity will engage in conduct of that kind—whether or not the entity has previously engaged in conduct of that kind and whether or not there is an imminent danger of substantial damage to any entity if the entity engages in conduct of that kind.\n  Performance injunctions\n  (2) The power of the court to grant an injunction requiring an entity to do an act or thing may be exercised:\n    (a) if the court is satisfied that the entity has refused or failed to do that act or thing—whether or not it appears to the court that the entity intends to refuse or fail again, or to continue to refuse or fail, to do that act or thing; or\n    (b) if it appears to the court that, if an injunction is not granted, it is likely that the entity will refuse or fail to do that act or thing—whether or not the entity has previously refused or failed to do that act or thing and whether or not there is an imminent danger of substantial damage to any entity if the entity refuses or fails to do that act or thing.","sortOrder":51},{"sectionNumber":"41","sectionType":"section","heading":"Other powers of the court unaffected","content":"#### 41 Other powers of the court unaffected\n\n  The powers conferred on the court under this Part are in addition to, and not instead of, any other powers of the court, whether conferred by this Act or otherwise.","sortOrder":52},{"sectionNumber":"Part 7","sectionType":"part","heading":"Vicarious liability","content":"## Part 7—Vicarious liability","sortOrder":53},{"sectionNumber":"42","sectionType":"section","heading":"Simplified outline","content":"#### 42 Simplified outline\n\n  The following is a simplified outline of this Part:\n\n• This Part deals with proof in civil proceedings of matters that involve employees, agents etc.","sortOrder":54},{"sectionNumber":"43","sectionType":"section","heading":"Liability of corporations","content":"#### 43 Liability of corporations\n\n  State of mind\n  (1) If, in a civil proceeding under this Act in respect of conduct engaged in by a corporation, it is necessary to establish the state of mind of the corporation, it is sufficient to show that:\n    (a) a director, employee or agent of the corporation engaged in that conduct; and\n    (b) the director, employee or agent was, in engaging in that conduct, acting within the scope of his or her actual or apparent authority; and\n    (c) the director, employee or agent had that state of mind.\n  Conduct\n  (2) If:\n    (a) conduct is engaged in on behalf of a corporation by a director, employee or agent of the corporation; and\n    (b) the conduct is within the scope of his or her actual or apparent authority;\n  the conduct is taken, for the purposes of a civil proceeding under this Act, to have been engaged in by the corporation unless the corporation establishes that it took reasonable precautions and exercised due diligence to avoid the conduct.\n  Extended meaning of state of mind\n  (3) A reference in subsection (1) to the state of mind of a person includes a reference to:\n    (a) the knowledge, intention, opinion, belief or purpose of the person; and\n    (b) the person’s reasons for the intention, opinion, belief or purpose.\n  Extended meaning of director\n  (4) A reference in this section to a director of a corporation includes a reference to a constituent member of a body corporate incorporated for a public purpose by a law of the Commonwealth, a State or a Territory.\n  Extended meaning of engaging in conduct\n  (5) A reference in this section to engaging in conduct includes a reference to failing or refusing to engage in conduct.","sortOrder":55},{"sectionNumber":"44","sectionType":"section","heading":"Liability of persons other than corporations","content":"#### 44 Liability of persons other than corporations\n\n  State of mind\n  (1) If, in civil proceedings under this Act in respect of conduct engaged in by a person other than a corporation, it is necessary to establish the state of mind of the person, it is sufficient to show that:\n    (a) the conduct was engaged in by an employee or agent of the person within the scope of his or her actual or apparent authority; and\n    (b) the employee or agent had that state of mind.\n  Conduct\n  (2) If:\n    (a) conduct is engaged in on behalf of a person other than a corporation by an employee or agent of the person; and\n    (b) the conduct is within the employee’s or agent’s actual or apparent authority;\n  the conduct is taken, for the purposes of a civil proceeding under this Act, to have been engaged in by the person unless the person establishes that he or she took reasonable precautions and exercised due diligence to avoid the conduct.\n  Extended meaning of state of mind\n  (3) A reference in this section to the state of mind of a person includes a reference to:\n    (a) the knowledge, intention, opinion, belief or purpose of the person; and\n    (b) the person’s reasons for the intention, opinion, belief or purpose.\n  Extended meaning of engaging in conduct\n  (4) A reference in this section to engaging in conduct includes a reference to failing or refusing to engage in conduct.","sortOrder":56},{"sectionNumber":"Part 8","sectionType":"part","heading":"Miscellaneous","content":"## Part 8—Miscellaneous","sortOrder":57},{"sectionNumber":"45","sectionType":"section","heading":"Simplified outline","content":"#### 45 Simplified outline\n\n  The following is a simplified outline of this Part:\n\n• The Criminal Code applies to offences against this Act.\n\n• Partnerships are to be treated as persons for the purposes of this Act.\n\n• Provision is made in relation to the service of documents.\n\n• The Governor‑General may make regulations for the purposes of this Act.","sortOrder":58},{"sectionNumber":"46","sectionType":"section","heading":"Application of Criminal Code","content":"#### 46 Application of Criminal Code\n\n  Chapter 2 of the Criminal Code applies to all offences against this Act.","sortOrder":59},{"sectionNumber":"47","sectionType":"section","heading":"Treatment of partnerships","content":"#### 47 Treatment of partnerships\n\n  This Act applies to a partnership as if the partnership were a person. However, obligations that would be imposed on the partnership are imposed instead on each partner, but may be discharged by any of the partners.","sortOrder":60},{"sectionNumber":"48","sectionType":"section","heading":"Giving of documents to partnerships","content":"#### 48 Giving of documents to partnerships\n\n  For the purposes of this Act, if a document is given to a partner of a partnership in accordance with section 28A of the Acts Interpretation Act 1901, the document is taken to have been given to the partnership.","sortOrder":61},{"sectionNumber":"49","sectionType":"section","heading":"Nomination of address for service of documents","content":"#### 49 Nomination of address for service of documents\n\n  (1) For the purposes of this Act, a person may nominate an address for service in:\n    (a) an application made by the person under this Act; or\n    (b) any other document given by the person to the Minister.\n  The address must be in Australia.\n  (2) For the purposes of this Act, a document may be given to the person by leaving it at, or by sending it by pre‑paid post to, the nominated address for service.\n  (3) Subsection (2) has effect in addition to section 28A of the Acts Interpretation Act 1901.\n\n> Note: Section 28A of the Acts Interpretation Act 1901 deals with the service of documents.\n\n  (4) In this section:\n\n> this Act includes:\n\n    (a) the voucher rules; and\n    (b) the accreditation scheme; and\n    (c) the rules of conduct.","sortOrder":62},{"sectionNumber":"50","sectionType":"section","heading":"Regulations","content":"#### 50 Regulations\n\n  The Governor‑General may make regulations prescribing matters:\n    (a) required or permitted by this Act to be prescribed; or\n    (b) necessary or convenient to be prescribed for carrying out or giving effect to this Act.","sortOrder":63}],"analysis":{"flash_summary":{"complexity_score":6,"scope_assessment":{"changed":false,"description":"The Act, as presented, keeps to a single, coherent purpose: establishing a voucher‑based delivery framework for hearing services, with accreditation and contracting of providers, payment procedures, enforcement and review routes. The delegated‑instrument approach (voucher rules, accreditation scheme, rules of conduct) gives the Minister broad operational discretion, but that is within the original structural purpose of setting up and managing a voucher scheme. Any later textual updates that refer to newer administrative bodies or tribunal Acts (for example, references to a current Administrative Review Tribunal Act) appear to modernise the review route rather than expand the statutory scheme’s substantive coverage. Overall, the statute remains focused on implementing and regulating a voucher/accreditation/contracting model for hearing services rather than growing into an unrelated policy area."},"complexity_factors":["50 sections across 8 Parts with multiple subdivisions (volume of provisions).","Comprehensive interpretation/definitions section (s 4) supplying many defined terms used throughout (e.g. accreditation, accredited service provider, voucher, participant, entity).","Multiple legislative instruments required: voucher rules (s 11), accreditation scheme (s 15) and rules of conduct (s 17) — each delegates substantial detail to the Minister.","Nested conditional logic around accreditation and engagement: accreditation can carry conditions; further conditions can be imposed, varied or revoked; some conditions take effect only if the entity is engaged (ss 16, 18).","Detailed payments/claims process with designated claims acceptance and claims payment bodies and software requirements (s 21) — cross‑references to operational rules.","Enforcement and recovery mechanisms (injunction regime, recovery of overpayments, service provider debts) interacting across Parts 3, 6 and sections 23–24.","Administrative review pathway with mandatory reconsideration by Minister and tribunal review, plus strict time limits (ss 29–35).","Cross‑references to external statutes and instruments: Criminal Code (ss 6A, 46), Acts Interpretation Act (s 48), Administrative Review Tribunal Act (ss 30, 34 references), and Crimes Act (s 19B referenced in s 19).","Vicarious liability rules for corporations and non‑corporate persons (ss 43–44) that alter proof and defence burdens in civil proceedings.","Disqualification rules based on specified criminal offences and time windows for ineligibility (s 19) — introduces conditional exclusion logic tied to external conviction records."],"plain_english_summary":"**What this law does, mechanically**\n\n- Establishes a voucher scheme for hearing services. The Commonwealth (through the Minister) may issue vouchers to people in specified classes; those vouchers make specified hearing services \"available\" to the voucher‑holder (ss 10–13).  \n\n- Puts in place an accreditation and contracting framework for providers. The Minister must make an accreditation scheme (s 15) and may accredit entities as service providers (ss 15–16). Accredited providers can be engaged (contracted) by the Minister to provide the services that vouchers make available (s 20).  \n\n- Sets rules about conduct, fees, payments and claims. The Minister must make rules of conduct that contracted providers must follow (ss 17–18). The Minister may make voucher rules about duration and replacement (s 11). Contracts may provide for payments from the Commonwealth, but payments require claims accepted by a claims acceptance body (s 21). Overpayments and conditional payments can be recovered (ss 23–24).  \n\n- Provides compliance, enforcement and review machinery. The Federal Court can grant injunctions in relation to contraventions (Part 6, ss 36–41). The Minister must have arrangements for handling complaints (s 26). Affected persons may ask the Minister to reconsider certain decisions and then apply to the Administrative Review Tribunal for review (ss 29–35).  \n\n- Treats practical matters: definitions (s 4), who is eligible for vouchers (s 5), how partnerships are treated (s 47), and that Chapter 2 of the Criminal Code applies to offences under this Act (ss 6A, 46).\n\n\n**Who is affected**\n\n- Voucher‑holders (participants): people who meet the \"eligible person\" test (generally aged 21+, Australian citizen or permanent resident, and in one of a small set of Commonwealth benefit or service categories, or otherwise specified by the Minister) (s 5).  \n\n- Service providers: any entity (individual, company, partnership, government authority or department) that seeks accreditation under the accreditation scheme and, if contracted, provides hearing services to voucher‑holders (ss 4, 15, 20).  \n\n- The Commonwealth (the Minister and relevant departments/bodies): decides who is eligible, what services a voucher covers, who is accredited, who is contracted, and which body accepts and pays claims (ss 11, 13, 15, 20–21).  \n\n- Taxpayers ultimately fund payments made to contracted service providers under agreements (s 21).\n\n\n**Why it matters (practical effect and administrative mechanics)**\n\n- Central role for Ministerial instruments: the Minister makes the accreditation scheme, voucher rules and rules of conduct by legislative instrument. Those instruments determine much of the operational detail (ss 11, 15, 17). That concentrates decision‑making power in the executive for standards, scope of vouchers and provider obligations.  \n\n- Governs provider market access: providers must obtain and keep accreditation to be eligible for contracting (ss 15–16). Accreditation can carry conditions and be cancelled; cancellation terminates engagement without compensation (s 20(4)). This shapes entry/exit and ongoing compliance costs for providers.  \n\n- Payment and claims control: the Commonwealth will only pay amounts where a claim is given to and accepted by a claims acceptance body (s 21). The Minister can designate the acceptance and payment bodies in writing (s 21(6)–(7)). The law also enables electronic claims subject to software requirements (s 21(3)). Those rules shape operational systems, invoicing and cash‑flow for providers.  \n\n- Enforcement and remedies: the Minister can seek Federal Court injunctions to stop non‑compliant conduct or to require performance (Part 6). Overpayments and conditional payments are recoverable; the Act treats those amounts as debts due to the Commonwealth (ss 23–24).  \n\n- Access and redress for individuals: voucher‑holders have a statutory complaints route (s 26) and a two‑stage review process for certain adverse Ministerial decisions — reconsideration by the Minister, then tribunal review (ss 29–35). Time limits apply (e.g. 28 days to apply for reconsideration; 90 days for Minister to decide on reconsideration) (ss 31–33).  \n\n\n**Costs, incentives and trade‑offs (mechanisms, not judgments)**\n\n- Who pays: the Commonwealth pays contracted providers under agreements (s 21). If a provider makes false or misleading claims or breaches paid conditions, the provider must repay amounts and faces recovery action (ss 23–24).  \n\n- Who decides: the Minister decides the classes of participants, the content and duration of vouchers, accreditation criteria and conditions, rules of conduct, and which bodies accept and pay claims (ss 11, 13, 15, 17, 21). Delegation of most administrative functions to departmental officers is permitted, though key instrument‑making powers are reserved to the Minister (s 27).  \n\n- Behavioural effects on providers: accreditation, rules of conduct and payment mechanisms create incentives to comply with standards to retain accreditation and payments (ss 16–18, 21–24). Rules may cap or regulate fees payable by voucher‑holders (s 17(4)), affecting providers’ pricing and business models.  \n\n- Administrative & compliance burdens: providers face upfront accreditation processes, ongoing compliance with rules of conduct, record‑keeping (register requirements s 15(5)), claims software requirements (s 21(3)) and the risk of accreditation cancellation or repayment obligations (ss 16, 21–24). Those are measurable costs of participation.  \n\n- Trade‑offs and opportunity cost: the Act explicitly requires administrators to have regard to limited resources and to equity and merit in distributing them (s 8). In practice, that means the scheme’s scope and voucher coverage will be shaped by budget and prioritisation decisions set in the accreditation/voucher instruments.  \n\n- Implementation and operational risk: the law permits specifications of software requirements for claims (s 21(3)) and authorises the Minister to designate claims acceptance/payment bodies (s 21(6)–(7)). Successful delivery therefore depends on IT systems, procurement of accepting/payment bodies, and administrative capability.  \n\n- Concentrated benefits vs diffuse costs: eligible participants and accredited/contracted providers receive direct, concentrated benefits (access to services or revenue). The costs (program funding, administration) fall on the Commonwealth and therefore ultimately on the taxpayer pool — a more diffuse group (see ss 5, 20, 21). The Act’s structure creates that distribution mechanically.  \n\n\n**Notable limits & protections in the Act**\n\n- Disqualification rules prevent accreditation where a key person has relevant fraud/dishonesty convictions, with time windows after conviction or release (s 19).  \n\n- Providers can be required to give the Minister names/qualifications of staff and to ensure personnel meet qualifications in rules of conduct (s 17(5)).  \n\n- Procedural safeguards for affected persons: required notices must inform people of reconsideration and tribunal review rights (ss 30, 34).  \n\n\n**Key sections to look at for specific tasks**\n\n- Who can get a voucher: s 5.  \n- Minister’s power to issue vouchers & voucher rules: ss 10–11.  \n- Accreditation scheme: ss 15–16.  \n- Rules of conduct that bind contracted providers: ss 17–18.  \n- Payments, claims and recovery: ss 21, 23–24.  \n- Complaints, reconsideration, tribunal review: ss 26, 29–35.  \n- Injunctions and enforcement: Part 6 (ss 36–41)."},"kimi_summary":{"_metrics":{"completionTokens":492},"content_quality":"ok","complexity_score":6,"scope_assessment":{"changed":false,"description":"The legislation appears consistent with its original purpose of establishing a voucher-based hearing services scheme. No significant scope creep detected in the provided text."},"complexity_factors":["Multiple nested definitions (eligible person → participant → voucher-holder)","Cross-references between the Act and three separate legislative instruments (voucher rules, accreditation scheme, rules of conduct)","Conditional logic for disqualification based on conviction timing and imprisonment status","Vicarious liability provisions for corporations and partnerships","Two-stage review process (Minister reconsideration then Administrative Review Tribunal)","Multiple conditions that only trigger upon engagement as contracted service provider","Payment recovery mechanisms with conditional payment structures"],"plain_english_summary":"This Act establishes a **voucher system** for providing hearing services to eligible Australians. Here's how it works:\n\n**Who gets help?**\n- Australian citizens or permanent residents aged 21+ who hold specific concession cards (Pensioner Concession Card, certain Health Care Cards, Repatriation Health Cards), or\n- Members of the Australian Defence Force, or\n- People referred through disability employment services\n\nThe Minister can also declare other people eligible by legislative instrument.\n\n**How the system works:**\n1. **Vouchers**: The Minister issues vouchers to eligible participants, who then become \"voucher-holders\"\n2. **Service providers**: Private providers must be **accredited** by the Minister and then **engaged** under contract to deliver services\n3. **Services covered**: Hearing assessments, rehabilitation, hearing loss prevention, and related goods\n\n**Key protections:**\n- Providers must follow **rules of conduct** set by the Minister (covering fees, staff qualifications, etc.)\n- **Disqualification rules** prevent people with fraud or dishonesty convictions from running accredited services\n- **Complaints mechanism** required with 90-day resolution timeframe\n- **Review rights** to the Administrative Review Tribunal after Minister reconsideration\n- **Federal Court injunctions** available to stop breaches\n\n**Payment system:**\n- The Commonwealth pays contracted providers through a claims process\n- Overpayments can be recovered, and false claims trigger repayment obligations\n\n**Why it matters:** This creates a regulated market where eligible Australians can access subsidised hearing care from approved private providers, with safeguards against fraud and poor service quality."},"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"},"issue_detection":{"absurdities":[{"type":"other","section":"4 (definition of 'eligible person')","severity":"low","reasoning":"In Australian Commonwealth legislation, 'clause' refers to provisions in Schedules, while 'section' refers to provisions in the body of an Act. Using 'clause 5' to refer to what is clearly 'section 5' is a drafting error that could technically render the definition unresolvable on a strict reading, though a court would likely apply a purposive interpretation.","confidence":0.85,"description":"The definition of 'eligible person' in section 4 states it has 'the meaning given by clause 5', but section 5 is a section, not a clause. The cross-reference uses incorrect legislative terminology, creating an internal definitional inconsistency."},{"type":"other","section":"5(2)","severity":"medium","reasoning":"While missing paragraph labels can result from amendments, the absence of paragraph (e) with no explanatory note is a structural absurdity. It implies a category of eligible person was deliberately excised, yet no transitional or savings provision addresses anyone who may have previously relied on that category.","confidence":0.9,"description":"The categories in subsection 5(2) skip from paragraph (d) to paragraph (f), omitting paragraph (e) entirely. This creates an unexplained gap in the legislative numbering that suggests a category was deleted without renumbering, raising questions about what was removed and whether the omission was intentional."},{"type":"self_contradicting","section":"17(2) and 17(4)-(5)","severity":"medium","reasoning":"The limitation in s17(2) that rules of conduct 'have effect only for the purposes of section 18' conflicts with the substantive content the rules are authorised to contain under ss17(4) and (5). Fee regulation and qualification requirements have independent practical effect beyond just constituting an accreditation condition, creating an internal contradiction about the legal force of the rules.","confidence":0.8,"description":"Section 17(2) states that rules of conduct 'have effect only for the purposes of section 18', yet subsections 17(4) and 17(5) confer substantive regulatory powers (fee regulation, qualification requirements) on the rules of conduct that go well beyond merely being a condition of accreditation. If the rules only have effect for section 18 purposes, their broader regulatory content is operationally meaningless."},{"type":"self_contradicting","section":"18(2) and 18(3)","severity":"medium","reasoning":"The structure creates a meaningless obligation: an entity is accredited subject to compliance with rules of conduct, but that condition only bites once they are a contracted service provider. The accreditation condition exists but is unenforceable for the entire period between accreditation and engagement, undermining the regulatory purpose of having conduct standards as accreditation conditions.","confidence":0.85,"description":"Section 18 creates a condition of accreditation (compliance with rules of conduct) that applies to all accredited entities under s18(2), but s18(3) then limits that condition to apply only if the entity is a contracted service provider. This means an accredited service provider who is not yet engaged under section 20 is subject to an accreditation condition that has no legal effect, making the accreditation condition illusory for non-contracted accredited providers."},{"type":"other","section":"21","severity":"low","reasoning":"The missing subsection 21(5) is an apparent drafting or amendment artefact. While common in amended legislation, the absence without any note is problematic as it may have contained a substantive payment-related provision, and cross-references elsewhere may have silently broken.","confidence":0.88,"description":"Section 21 is missing subsection (5). The numbering jumps from subsection (4) to subsection (6), with no explanation or savings note. This suggests a provision was repealed without renumbering, creating a structural gap that may leave regulatory or procedural matters unaddressed."},{"type":"other","section":"19(4)","severity":"low","reasoning":"The hypothetical framing ('assuming that the entity had not been accredited') introduces unnecessary legal uncertainty. It is unclear whether the Minister must continually reassess this hypothetical or only acts on notice. A direct formulation requiring cancellation when a disqualifying circumstance exists would be clearer.","confidence":0.7,"description":"Section 19(4) requires the Minister to cancel the accreditation of an entity if a disqualifying circumstance arises, but the mandatory cancellation obligation is framed as a hypothetical: the Minister must cancel if 'assuming that the entity had not been accredited at that time, the Minister would have been prevented by this section from accrediting the entity'. This counterfactual framing is unnecessarily convoluted and creates interpretive uncertainty about whether subsequent rehabilitation affects the obligation."},{"type":"retroactive_impossibility","section":"5(2)(g)","severity":"medium","reasoning":"The Disability Services Act 1986 has been replaced. New referrals under Parts II or III of that Act are impossible. The category in s5(2)(g) therefore cannot generate new eligible persons, yet it remains as operative law. This creates a zombie eligibility category with no practical application going forward.","confidence":0.92,"description":"Section 5(2)(g) refers to the 'former Disability Services Act 1986' as a basis for eligibility. Relying on a repealed Act to define an ongoing class of eligible persons creates a category that is effectively closed — no new persons can ever be referred under a defunct Act — making this eligibility category a practical dead letter while remaining on the face of the legislation."},{"type":"impossible_compliance","section":"20(5)","severity":"medium","reasoning":"AHS as a Commonwealth entity has ceased to exist in the form contemplated. The provision purports to confer a specific power on a body that can no longer exercise it. This creates a defunct operative provision that cannot be activated by its named beneficiary.","confidence":0.78,"description":"Section 20(5) provides that 'AHS may enter into an agreement under this section at any time after the commencement of this section.' However, Australian Hearing Services (AHS) was corporatised under the Australian Hearing Services Act 1991 and has since been privatised and renamed. A provision specifically enabling a body that no longer exists in its contemplated form to enter contracts under the Act is a legal absurdity."},{"type":"other","section":"36 (Simplified outline of Part 6)","severity":"low","reasoning":"While simplified outlines are not operative law, the inconsistent conjunction creates ambiguity about whether (b) and (c) must both be satisfied simultaneously (conjunctive reading) or whether they are alternatives (disjunctive reading). The operative provisions in section 37 use consistent 'or' disjunctions, revealing the outline is simply erroneous.","confidence":0.95,"description":"The simplified outline of Part 6 contains inconsistent conjunctions. Item (b) uses 'and' while items (a), (c), and (d) use 'or', making the outline grammatically incoherent. It reads: '(a) this Act; or (b) the voucher rules; and (c) a condition of an accreditation; or (d) an agreement under section 20.' The 'and' in (b) breaks the disjunctive list structure."},{"type":"self_contradicting","section":"8(1) and 13(1)","severity":"low","reasoning":"The general equity and merit obligation in s8 is aspirational but has no enforcement mechanism against the Minister's unfettered class-selection discretion under s13. The Minister could exclude entire categories of eligible persons from the voucher system without violating any justiciable standard, rendering the equity obligation hollow.","confidence":0.65,"description":"Section 8(1) requires that 'due regard must be had to... the need to consider equity and merit in accessing those resources', but section 13(1) gives the Minister an unqualified discretionary power to determine which classes of eligible persons are participants in the voucher system with no requirement to apply equity or merit criteria. The equity obligation in s8 is effectively unenforceable against the Minister's class-determination power."},{"type":"self_contradicting","section":"33(1) and 33(2)","severity":"medium","reasoning":"The deeming provision in s33(2) transforms procedural non-compliance into a substantive outcome (affirmation of the original decision). This creates a perverse incentive: a Minister who disagrees with overturning a decision can simply fail to act and achieve the desired outcome by default. The mandatory obligation in s33(1) is thus undermined by the deeming mechanism in s33(2).","confidence":0.88,"description":"Section 33 creates a temporal paradox: the Minister must make a reconsideration decision within 90 days (s33(1)), but if the Minister fails to inform the applicant within 90 days, the Minister is 'taken to have made a decision affirming the original decision' (s33(2)). This means non-compliance with the mandatory 90-day deadline is rewarded with a deemed outcome favourable to the original decision-maker, incentivising inaction."}],"contradictions":[{"severity":"medium","section_a":"17(2)","section_b":"17(4) and 17(5)","confidence":0.82,"description":"Section 17(2) limits the effect of rules of conduct exclusively to section 18 (accreditation conditions), but sections 17(4) and 17(5) authorise the rules to regulate fee charging and impose qualification requirements on accredited service providers — substantive regulatory effects that operate independently of and beyond the accreditation condition mechanism in section 18."},{"severity":"medium","section_a":"18(2)","section_b":"18(3)","confidence":0.87,"description":"Section 18(2) imposes a condition of accreditation (rules of conduct compliance) on all accredited entities, while section 18(3) immediately limits that condition to apply only when the entity is a contracted service provider. This creates a contradiction where accredited-but-not-contracted entities are nominally subject to, but practically exempt from, a stated accreditation condition."},{"severity":"low","section_a":"6(2)","section_b":"6(3)","confidence":0.72,"description":"Section 6(2) states that the Act does not make 'the Crown' liable to be prosecuted for an offence, but section 6(3) removes that protection from 'an authority of the Crown'. Since an authority of the Crown is part of the Crown, the Act simultaneously protects and exposes the Crown to prosecution depending on which manifestation of the Crown is acting, creating an internal contradiction in Crown immunity."},{"severity":"low","section_a":"15(7)","section_b":"15(3) and 15(5)(d)","confidence":0.68,"description":"Section 15(7) requires the Minister to give a free copy of the accreditation scheme to any person who requests one, but sections 15(3) and 15(5)(d) authorise the accreditation scheme itself to provide for fees to be charged for applications and for inspecting or obtaining information from the register. The mandatory free provision of the scheme contradicts the fee-charging mechanisms authorised within it."},{"severity":"low","section_a":"20(3)","section_b":"20(4)","confidence":0.62,"description":"Section 20(3) provides that each condition of accreditation is taken to be a condition of the engagement (with no limitation), while section 20(4) provides that cancellation or surrender of accreditation terminates the engagement. Read together, these provisions mean that a condition of accreditation could require the provider to maintain their accreditation as a condition of the engagement, but non-compliance (losing accreditation) terminates the engagement rather than triggering an enforcement remedy — making the accreditation-condition clause self-defeating."},{"severity":"high","section_a":"29(f)","section_b":"19(1) and 19(4)","confidence":0.85,"description":"Section 29(f) allows reconsideration of 'a decision of the Minister made under section 19', but section 19(1) and 19(4) impose mandatory obligations on the Minister ('must not accredit' and 'must cancel') leaving no discretion. A mandatory non-discretionary decision cannot logically be reconsidered and varied under section 32(1)(b) without placing the Minister in breach of section 19's mandatory requirements — the review mechanism conflicts with the mandatory nature of the underlying power."},{"severity":"low","section_a":"26(b)","section_b":"33(1)","confidence":0.6,"description":"Section 26(b) requires complaints about hearing service provision to be dealt with within 90 days. Section 33(1) also requires ministerial reconsideration decisions within 90 days. Where a complaint triggers both a complaints process and a formal reconsideration, the Act provides no mechanism for coordinating these parallel 90-day timeframes, potentially resulting in contradictory outcomes from simultaneous processes addressing the same underlying grievance."},{"severity":"medium","section_a":"47","section_b":"7","confidence":0.73,"description":"Section 7 provides that a change in the composition of a partnership does not affect the continuity of the partnership. Section 47 provides that obligations imposed on a partnership are imposed on each partner individually. Together these provisions create a contradiction: if a new partner joins after an obligation arises, section 7 deems the partnership continuous (implying the new partner inherits the obligation) but section 47 imposes obligations on 'each partner' — raising whether partners at the time of the obligation or at the time of enforcement bear the liability."}]},"summary":{"complexity_score":6,"scope_assessment":{"changed":false,"description":"The Act remains consistent with its original stated intent: establishing a voucher-based system for delivering subsidised hearing services to vulnerable Australians through accredited and contracted private providers. There is no evidence of scope creep. The Minister's discretionary power to add eligible persons (s.5(3)) and eligible service classes (s.13) provides built-in flexibility within the original framework rather than expanding the Act's fundamental purpose."},"complexity_factors":["Multi-layered regulatory structure: the Act itself delegates detailed rule-making to three separate subordinate instruments (voucher rules, accreditation scheme, and rules of conduct), meaning the full picture of rights and obligations cannot be found in the Act alone","Interplay between accreditation conditions and contracted service provider conditions — some conditions only activate upon being contracted, creating a conditional layering effect that requires careful cross-referencing","Disqualification provisions (section 19) require understanding of multiple criminal law concepts including what counts as a conviction, time periods post-conviction, and interaction with Crimes Act 1914 spent convictions provisions","Two-stage merits review process (Ministerial reconsideration followed by Administrative Review Tribunal) with strict time limits adds procedural complexity","Vicarious liability (responsibility for others' actions) provisions for both corporations and non-corporations are detailed and include extended definitions of 'state of mind' and 'conduct'","Claims payment system involves separate 'claims acceptance body' and 'claims payment body' which may or may not be the same entity, with the Minister having power to designate each","The Act is significantly duplicated in the provided text, making it harder to read, though this appears to be a formatting issue rather than a legal one","Cross-references to multiple other Acts (Criminal Code, Crimes Act 1914, Human Services (Medicare) Act, Social Security Act, Acts Interpretation Act, Legislation Act 2003, Disability Services Act 1986)"],"plain_english_summary":"The Hearing Services Administration Act 1997 creates a Commonwealth-funded voucher scheme to deliver subsidised hearing tests, aids and rehabilitation to eligible Australians (pensioners, veterans, ADF members, certain Health Care Card holders and others the Minister designates). It requires providers to be accredited and contracted, sets conduct and payment rules, empowers enforcement and repayment of overpayments, and provides administrative review and a complaints process — affecting eligible patients, audiology businesses and contracted service providers."}},"importantCases":[],"_links":{"self":"/api/acts/hearing-services-administration-act-1997","history":"/api/acts/hearing-services-administration-act-1997/history","analysis":"/api/acts/hearing-services-administration-act-1997/analysis","conflicts":"/api/acts/hearing-services-administration-act-1997/conflicts","importantCases":"/api/acts/hearing-services-administration-act-1997/important-cases","documents":"/api/acts/hearing-services-administration-act-1997/documents"}}