Australian Hearing Services (Declared Hearing Services) Determination 2025

The Determination revolves around a small number of defined legal concepts that allocate entitlements and administrative obligations.

Declared hearing services (s 6)

• The Determination lists discrete service categories it labels “declared hearing services.” These include diagnostic assessment services (s 6, item 1(a)-(b)), provision of hearing devices other than cochlear or bone conduction implants (s 6, item 2), replacement cochlear or bone conduction speech processor units (s 6, item 3), fitting and monitoring (s 6, item 4), rehabilitation advice and advice to family and educational institutions (s 6, item 5), repair and maintenance including batteries (s 6, item 6), a Comcare-agreed residual services category for certain referred Comcare clients (s 6, item 7), a defined maintenance regime limited in scope for persons under paragraph 8(1)(aa) (s 6, item 8), authorised replacement of lost/damaged/destroyed devices (s 6, item 9), and culturally appropriate aural health and specialised amplification services for particular persons (s 6, item 10).

Specified persons and entitlement mapping (s 7)

• The Determination defines seven Classes of persons (Classes 1-7) in s 7 and maps which declared hearing services each class may receive. The entitlement mapping repeatedly references the item numbers and sub-items in s 6, so the Determination is a two-part concept: the menu of services (s 6) and the classes permitted each menu item (s 7 table). Not all classes receive all services.

Definitions that alter eligibility and operational reach (s 4)

• The Determination imports statutory definitions (Authority; young Australians) and defines further terms relevant to delivery and eligibility, for example “eligible for specialist hearing services,” which is a strict clinical threshold (better ear average threshold at 0.5, 1 and 2 kHz greater than or equal to 80 dB, or hearing loss combined with communication difficulty meeting listed subcriteria) (s 4 definitions). It also defines Modified Monash Model area 6 and area 7 by reference to the Department’s use of ASGS data (s 4 definitions).

Designated persons and CSO eligibility (s 8)

• Certain classes (1, 5, 6 and 7) are declared “designated persons” for paragraph 8(1)(ad) and subsection 8(7) of the Act and so are considered eligible for services under the Community Service Obligations component of the Australian Government Hearing Services Program (s 8). This ties the Determination into the Act’s broader CSO framework.

Interaction with Regulations and other programs (s 9; definitions)

• The Determination explicitly ties replacement authorisations and charging to the Regulations: replacement authorisation is to be in accordance with regulation 4A of the Australian Hearing Services Regulations 1992 (s 6, item 9); the power to require payment of charges for certain services is under the Regulations made pursuant to subsection 77(1) of the Act (s 9). It also ties commencement and some class definitions to the RAES and predecessor employment programs (s 2, s 4 definitions, s 7 Class 7 entries).

Exclusions and limitations (s 4(2); s 6 item 8)

• The instrument expressly excludes services testing for or treating Central Auditory Processing Disorder from the meaning of hearing service for this Determination (s 4(2)). It also imposes limits on the Authority’s maintenance obligations in a particular Class 5 context for a five year period, and excludes replacement of major electronic components, battery provision, and replacement for loss or damage during that maintenance period (s 6, item 8).

Charges and conditional provision (s 9)

• The Determination does not itself set prices. It specifies that for particular classes and specific declared service items, the Authority may provide the service only upon payment of the charge, if any, payable under Regulations made under s 77(1) of the Act (s 9). The instrument identifies which class/items are subject to this conditionality (s 9(2)).

Definitions of age cohorts (s 4)

• The Determination distinguishes young Australians (Australian citizens or permanent residents under 21), young adults (persons aged 21 to under 26), and the cohort that has turned 26 or ceased to be in Class 6 (s 4 and s 7 Class 5). These age definitions determine entitlement transitions and the start of time-limited maintenance windows in some cases (s 6 item 8).

Together, these concepts allocate a bounded set of benefits to named cohorts, create administrative conditions for replacements and maintenance, delegate authorisation and charge collection to Authority/Regulations, and exclude specific clinical conditions from the Determination’s scope.

The Determination creates entitlements and administrative consequences for particular cohorts of people and for the Authority administering services. The instrument lists seven Classes of specified persons in s 7 and also declares which Classes constitute “designated persons” in s 8. Each of those classifications carries distinct operational effects.

Classes of persons (s 7)

• Class 1: Young Australians and young adults. These are persons defined in s 4 as Australian citizens or permanent residents under 21 (young Australians) and persons who have turned 21 and are under 26 (young adults). Class 1 is entitled to a wide set of services, including diagnostic assessment, device provision (s 6 item 2(a)), replacement speech processor units, fitting, rehabilitation advice and support to parents and teachers, maintenance including batteries (s 6 item 6(a)), and replacement in specified loss/damage situations (s 6 item 9) (s 7 table).
• Class 2: Referred Comcare clients generally. These persons are entitled to assessment and determining cause services only (s 6 items 1(a)-(b)) (s 7).
• Class 3: Referred Comcare clients who are agreed between the Authority and Comcare to be included. This narrower cohort can receive assessment, some device provision limited by clinical appropriateness (s 6 item 2(b)), fitting, rehabilitation advice, maintenance with batteries for the first year only (s 6 item 6(b)), and the Comcare-residual services category in item 7 (s 7 table).
• Class 4: Referred Commonwealth employees generally. This cohort receives assessment services only (s 6 item 1(a)) (s 7).
• Class 5: Persons who have turned 26 where immediately before turning 26 they were a young adult, or persons who have ceased to be a member of Class 6. Class 5’s entitlement is a specific maintenance regime described at s 6 item 8. That maintenance is limited and excludes replacement of major electronic components, provision of a battery for use in a hearing device, and replacement of a hearing device that is lost or damaged, for a period of five years (s 6 item 8; s 7 table indicates entitlement 8).
• Class 6: An eligible person who is eligible for specialist hearing services (the clinical threshold applies) or who resides in and receives services geographically within Modified Monash Model area 6 or 7. Class 6 is entitled to assessment, device provision (s 6 item 2(a)), fitting, rehabilitation advice, maintenance including batteries (s 6 item 6(a)), and replacement in the specified loss/damage circumstances (s 6 item 9) (s 7 table).
• Class 7: Aboriginal persons or Torres Strait Islanders with defined age cut-offs or program participation criteria: under 26; over 50; an eligible person; a participant in the RAES; or a person who was a participant of a predecessor program of the RAES and had received or been part way through declared hearing services before ceasing participation. Class 7 receives a broad entitlement similar to Class 1 and 6, and additionally is eligible for culturally appropriate aural health and specialised amplification services (s 6 item 10) (s 7 table).

Designated persons and CSO eligibility (s 8)

• Classes 1, 5, 6 and 7 are declared “designated persons” for the purposes of paragraph 8(1)(ad) and subsection 8(7) of the Act, and are thereby considered eligible for Community Service Obligations (CSO) component services under the Australian Government Hearing Services Program (s 8).

Who pays and charge exposure (s 9)

• The Determination makes explicit that certain declared services provided to specific classes may be subject to the payment of charges under Regulations made under subsection 77(1) of the Act (s 9). The instrument lists those items in s 9(2). Specifically:
  • Class 1: declared hearing services 6(a) is subject to any applicable charge (s 9(2)(a)). Note that 6(a) concerns provision of necessary repairs, adjustment and maintenance of a hearing device including reasonable provision of replacement batteries (s 6 item 6(a)).
  • Class 3: declared hearing services 6(b) is subject to charges (s 9(2)(b)). Item 6(b) covers maintenance including reasonable provision of replacement batteries for the first year (s 6 item 6(b)).
  • Class 6: declared hearing services 6(a) and 9 are subject to charges (s 9(2)(c)). Item 9 is replacement of a hearing device (other than cochlear or bone conduction implant) that has been destroyed, lost and unlikely to be found, or damaged and cannot be reasonably repaired, if authorised by the Authority under reg 4A (s 6 item 9).
  • Class 7: declared hearing services 6(a) and 9 may be charged (s 9(2)(d)).

Excluded clinical group (s 4(2))

• The Determination explicitly removes services that test for, treat and rehabilitate Central Auditory Processing Disorder from the meaning of “hearing service” in this instrument. Individuals requiring those services are therefore not covered by this Determination’s declared hearing services.

Administrative actors and discretion

• The Authority is the central public body that must provide or arrange these declared services under the Act. The Determination references the Department as the body that will determine Modified Monash Model area maps using ASGS data (s 4 definitions). Regulation-based authorisation and charge-setting remain with the Regulations made under the Act, which interact operationally with the Authority’s decision-making, for example in authorising replacement devices under reg 4A (s 6 item 9).

In short, the Determination affects cohorts defined by age, clinical threshold, program participation, indigenous status and geography, and sets the menu of services and charging points that create both entitlements and potential cost exposure for those cohorts.

The Determination primarily sets out entitlements (rights) for specified persons and the operational bounds within which the Authority must act. It does not create criminal offences or specify sanctions. The key duties and rights are administrative and programmatic.

Rights of specified persons (s 6, s 7)

• Persons in each Class have a right to receive the declared hearing services mapped to their class in the entitlement table at s 7, subject to any applicable charges under s 9. For example, Class 1 (young Australians and young adults) have entitlement to assessment and diagnosis (s 6 item 1(a)-(b)), provision of clinically appropriate non-implant hearing devices approved by the Authority (s 6 item 2(a)), replacement speech processor units (s 6 item 3), fitting and monitoring (s 6 item 4), rehabilitation advice and family/educational support (s 6 item 5(a)-(b)), maintenance including batteries (s 6 item 6(a)), and replacement in specified circumstances (s 6 item 9) (s 7 table). Class 7 has an additional right to culturally appropriate aural health services and specialised amplification devices (s 6 item 10).

Authority duties (s 3, s 6)

• The instrument is made under s 8 of the Act and the s 3 note states that the Authority has the function of providing declared hearing services to the categories listed in the Act, including young Australians, referred Comcare clients, referred Commonwealth employees and designated persons. The Determination sets the services that are "declared hearing services" for the purposes of subsections 8(4), 8(5), 8(6) and 8(8) of the Act (s 3). That creates a duty on the Authority to make these services available to the specified persons within the entitlement mapping and subject to any applicable regulatory charges.

Limits on maintenance and replacement (s 6 items 8 and 9)

• The Authority’s maintenance obligations for persons under paragraph 8(1)(aa) are delimited. Item 8 specifies “Maintenance by the Authority of a hearing device issued to the person under paragraph 8(1)(aa) of the Act, but excluding: 1. replacement of major electronic components within a hearing device; 2. provision of a battery for use in a hearing device; 3. replacement of a hearing device that is lost or damaged; for the period of 5 years.” The five year period is specified to begin on the day the person turns 26 in one case or the day the person ceases to be a member of Class 6 in another case. This imposes a defined limitation on the Authority’s duty to maintain for a window of five years.

• Separately, replacement of a hearing device that has been destroyed, lost and unlikely to be found, or damaged and cannot be reasonably repaired, requires authorisation by the Authority in accordance with regulation 4A of the Australian Hearing Services Regulations 1992 (s 6 item 9). The right to replacement exists but is conditional on Authority authorisation and regulatory procedure.

Payment obligations (s 9)

• The Determination makes clear that for certain declared services and specific classes, provision of the service may be subject to payment of charges that are payable under Regulations made under subsection 77(1) of the Act (s 9). The particular combinations of class and service subject to charges are enumerated in s 9(2). This creates a potential out-of-pocket cost for recipients where the Regulations specify a charge.

Clinical eligibility (s 4 definition “eligible for specialist hearing services”)

• The Determination defines the clinical threshold for “eligible for specialist hearing services.” A person meets that definition only if they satisfy one of two strict criteria: (1) a hearing loss where the average hearing threshold level for 0.5, 1 and 2 kHz in the better ear is greater than or equal to 80 decibels; or (2) hearing loss and a communication difficulty that either prevents the person communicating effectively in their daily environment or is caused or aggravated by significant physical, intellectual, mental, emotional or social disability. This definition imposes an evidentiary and clinical duty on the Authority to determine eligibility by reference to measurable thresholds and functional communication impact.

Delegated determinations (s 4 Modified Monash Model definitions)

• The Determination leaves certain geographic classifications to the Department’s use of ASGS data when identifying Modified Monash Model areas 6 and 7 (s 4). The practical duty to apply those geographic definitions rests with administrative mapping by the Department using ABS ASGS data.

Cultural and programmatic obligations (s 6 item 10; s 7 Class 7)

• For Aboriginal people and Torres Strait Islanders in Class 7, the Determination mandates provision of services, training and advice in a culturally appropriate way, and provision of specialised amplification devices to meet particular needs (s 6 item 10). That places an operational delivery requirement on the Authority to provide culturally appropriate services to that cohort.

Administrative consequence of designation (s 8)

• Classes 1, 5, 6 and 7 being designated persons means they are considered eligible for the Community Service Obligations component of the Australian Government Hearing Services Program (s 8). The Determination therefore places an administrative right or eligibility to receive CSO-component services on those classes; the exact funding and administrative modalities stem from the CSO framework in the Act and program rules.

Collectively, the Determination creates administrative rights for defined cohorts and corresponding duties on the Authority to supply specified services. It also sets conditions on replacement and maintenance obligations, ties some services to potential charges, and delegates certain definitional and authorisation responsibilities to the Department and the Regulations.

The Determination does not itself prescribe criminal or civil penalties, nor does it set out a specific enforcement regime. Its enforcement implications are administrative and regulatory rather than penal.

Absence of penalty provisions

• The instrument contains no provisions that create offences, fines, or direct sanctioning powers. There is no section within the Determination that prescribes penalties for non-compliance by either recipients or the Authority. The text is focused on declared services, entitlements and administrative authorisations (s 6-9).

Regulatory and administrative enforcement mechanisms

• Two regulatory references indicate that enforcement and conditionality will be effected through the Regulations and the administrative apparatus of the Authority rather than by this Determination itself:
  • Replacement of hearing devices in item 9 of s 6 is made contingent on authorisation by the Authority “in accordance with regulation 4A of the Australian Hearing Services Regulations 1992.” The practical effect is that the Regulations and Authority procedures will supply the authorisation process, criteria and administrative checks. The Determination therefore relies on the Regulations to operationalise who gets a replacement device in qualifying circumstances and under what conditions (s 6 item 9).
  • Payment of charges for certain services is subject to “the charge, if any, that is payable by the person under the Regulations made under subsection 77(1) of the Act for a service of that kind” (s 9(1)). Enforcement of payment obligations, recovery of unpaid charges, waiver rules, and any administrative debt processes are matters for the Regulations and the Act’s existing administrative machinery.

Act-based enforcement

• The Determination is made under s 8 of the Act (s 3). Any enforcement of program rules, disputes about service provision, eligibility decisions, charging and authorisation would be handled within the administrative framework of the Act and its Regulations. The Determination does not alter those Act-based remedies or compliance processes; it defines entitlements and ties certain operational steps to existing Regulations.

Administrative discretion and review risks

• Because authorisation for replacements and charging are delegated to the Authority under regulation and program rules, the Authority will have administrative discretion in those processes. The Determination itself does not prescribe appeal routes or internal review of Authority decisions, so review and complaint handling will follow the Act’s administrative remedies and general administrative law (judicial review) pathways. The Determination does not expressly create bespoke internal review or appeal rights.

Practical enforcement levers

• In practice, compliance and enforcement will be achieved by the Authority applying the entitlement table, the Regulations (including reg 4A and any charging Schedule under s 77(1) Regulations), program documentation, and CSO operational rules. The Determination provides the normative content of entitlements; the Authority and Departmental processes supply enforcement mechanisms, including authorisations, charges, and program eligibility checks.

In summary, the Determination creates administrative entitlements and conditionalities; it does not itself create penalties. Enforcement and sanctioning for non-provision, improper charge collection, or disputed authorisations will be handled through the Act’s program administration, the Australian Hearing Services Regulations 1992 and ordinary administrative law mechanisms rather than through this instrument.

The Determination is explicitly interconnected with the Australian Hearing Services Act 1991, the Australian Hearing Services Regulations 1992, the Hearing Services Administration Act 1997, the Aboriginal and Torres Strait Islander Act 2005 and geographic/administrative frameworks such as the Australian Statistical Geography Standard (ASGS). The instrument both imports definitions and delegates operational matters to those external legal instruments and frameworks.

Primary statutory authority (s 3)

• The Determination is made under s 8 of the Australian Hearing Services Act 1991 (s 3). The s 3 Note explains that s 8 of the Act sets out the Authority’s functions, including providing declared hearing services to young Australians, referred Comcare clients, referred Commonwealth employees and designated persons. The Determination therefore operates as the vehicle that identifies the services to be treated as “declared hearing services” for the Act’s subsections 8(4), (5), (6) and (8), and specifies persons for the purposes of paragraph 8(1)(ad) under subsection 8(7). The Act is therefore the primary legal instrument that gives this Determination effect.

Regulations referenced (s 6 item 9; s 9)

• The Determination refers to the Australian Hearing Services Regulations 1992 for at least two operational points:
  • Authorisation for replacement of hearing devices must be “in accordance with regulation 4A” of those Regulations (s 6 item 9). The substantive criteria and decision-making procedures for replacements therefore sit in regulation 4A, not in this Determination.
  • Charges for the provision of services are to be determined under Regulations made pursuant to subsection 77(1) of the Act (s 9). The Regulations will therefore set the quantum, and the administrative process for charge application and payment.

Hearing Services Administration Act 1997 (s 4 definition reference)

• The Determination imports the definition of “eligible person” from the Hearing Services Administration Act 1997 (s 4 Note). Determinations of individual eligibility for declared services will therefore require reference to that other Act for the meaning of eligible person.

Aboriginal and Torres Strait Islander Act 2005 (s 4)

• The definitions of Aboriginal person and Torres Strait Islander used in the Determination are those provided in the Aboriginal and Torres Strait Islander Act 2005 (s 4 definitions). This affects substantive entitlements for Class 7 indigenous cohorts.

Geographic frameworks and departmental discretion (s 4 definitions)

• The Determination defines Modified Monash Model area 6 as all areas in Remoteness Area 4, as determined by the Department using ASGS data, that are not on a populated island more than 5 km offshore, and Modified Monash Model area 7 as Remoteness Area 5 areas that are on a populated island more than 5 km offshore (s 4). The determination therefore depends on the Department’s exercise of mapping using ABS ASGS data; that administrative mapping in turn interacts with geographic classification law and data practice.

Cross-reference to Comcare and Commonwealth employee schemes (s 4 definition)

• “Referred Comcare client” and “referred Commonwealth employee” are given meanings by subsection 8(10) of the Act (s 4 definitions and s 7 Classes 2-4). The Determination therefore intersects with Comcare and safety/compensation law by specifying which Comcare-referred persons receive particular declared hearing services, and by making a residual Comcare-agreed services category available under s 6 item 7.

Program links: RAES and predecessor employment programs (s 2; s 4; s 7)

• The Determination ties its commencement to the Remote Australia Employment Service (RAES) starting operation on 1 November 2025 (s 2). Class 7 includes persons who are participants in the RAES or were participants in predecessor programs (CDEP, CDP, RJCP) who had received or been part way through receiving declared services before ceasing participation (s 4 definitions; s 7 Class 7). The Determination therefore interacts with employment program administration and the rules that govern participant status in those programs.

Clinical scope exclusion (s 4(2))

• The Determination excludes services concerning Central Auditory Processing Disorder from its definition of hearing service (s 4(2)). This interacts with clinical practice and possibly other specialist service frameworks that handle Central Auditory Processing Disorder outside the Authority’s declared hearing services under this Determination.

Community Service Obligations (s 8)

• By declaring Classes 1, 5, 6 and 7 to be designated persons, the Determination ties those classes into the CSO component of the Australian Government Hearing Services Program. The CSO framework and any funding or program rules it contains are located in the Act and associated program rules. The Determination therefore operates within that existing CSO legal framework.

In short, the Determination is not a stand-alone regulation. It relies on and interacts with the Act for authority, the Regulations for replacement authorisations and charging, other Acts for definitions of person groups, Departmental application of ABS geographic standards, and employment program administrative records for RAES and predecessor programs. Implementation and interpretation will require cross-referencing the Act, the Regulations and departmental mapping and program records.

This Determination replaces and repeals the prior Determination and records a single, discrete amendment history within the instrument itself.

Repeal of the 2019 Determination (Schedule 1)

• Schedule 1 to this instrument repeals in full the Australian Hearing Services (Declared Hearing Services) Determination 2019. The Schedule states, “The whole of the instrument: Repeal the instrument.” This is a complete repeal of the earlier Determination and means that the 2025 Determination is the operative instrument from its commencement date (Schedule 1).

Commencement timing (s 2)

• Section 2 provides a commencement table. It states that “The whole of this instrument” commences “To coincide with the commencement of the Remote Australia Employment Service, relevant to section 7 Specified persons. 1 November 2025.” The instrument therefore both amends the declared hearing services regime and times that consolidation to the RAES commencement. The table also includes the usual note that the table relates only to the original making of the instrument and will not be updated for later amendments.

Authority basis (s 3)

• The instrument is made under s 8 of the Australian Hearing Services Act 1991 (s 3). The s 3 note restates that the Act’s s 8 sets the Authority’s functions and that the Determination uses subsections 8(4), (5), (6) and (8) to declare what services count as declared hearing services for the Act.

No intermediate amendment entries

• The Determination itself does not list any other earlier amendments or incremental changes. It is presented as a self-standing instrument with a full repeal of the 2019 Determination and fresh definitions and entitlement mappings for Classes 1-7.

Operational effect on program documents and Regulations

• While not an “amendment history” entry per se, the Determination also references regulation 4A of the Australian Hearing Services Regulations 1992 and Regulations made under s 77(1) of the Act for charging. Any future amendments to those Regulations will alter operational detail referred to by the Determination, but such changes are not recorded in this Determination’s Schedule.

Administrative notes on the commencement table (s 2(2))

• Section 2(2) includes a standard instrument note that information in Column 3 of the commencement table is not part of the instrument. That means public-facing commencement explanatory details may be edited in published versions without formally amending the legal text.

In summary, the textual amendment history recorded in the Determination is concise: it repeals the 2019 Determination and replaces it with the 2025 Determination, with the entire instrument commencing on 1 November 2025 to align with RAES operations.

The Determination contains no record of litigation, court decisions, or dispute outcomes. It does not reference any judicial decisions or administrative appeals. The text does not identify prior cases, contested interpretations, or litigated points relating to declared hearing services, entitlements, or charging.

Implication for practitioners

• Because no litigation history is recorded within the Determination, any legal challenges or judicial review proceedings that might later arise would be external to the instrument and would need to be sourced from court records and administrative law filings, not from this Determination text.

Administrative remedies and review

• The Determination leaves operational decisions such as authorisation under regulation 4A and charge application under Regulations to the Authority and the Regulations. Challenges to those administrative decisions would therefore arise under administrative law principles and could proceed by internal review where available, or judicial review in appropriate circumstances. The Determination itself does not set out what internal or external review pathways exist.

Practical note

• For questions about whether particular Authority decisions under the Determination have been litigated, practitioners will need to search tribunal and court databases and administrative law records, because the Determination is silent on prior litigation and does not provide a litigation history.

This Determination contains multiple provisions whose practical consequences may be underappreciated unless read closely. The following are concrete operational and legal points to watch, grounded in the instrument’s text.

1. Not all classes receive all services (s 6; s 7)

• The entitlement mapping in s 7 refers to specific items and sub-items in s 6. Do not assume a universal entitlement. For example, Class 2 (referred Comcare clients generally) receives only assessment and cause-determination services (s 6 items 1(a)-(b)), whereas Class 3 (Comcare clients covered by an agreement between the Authority and Comcare) can receive device provision limited to 6(b) and maintenance limited to the first year under 6(b) (s 7). The specific item references determine coverage.

2. Batteries and maintenance differ by class (s 6 item 6)

• Item 6 contains two sub-variants: 6(a) authorises provision of necessary repairs, adjustment and maintenance of a hearing device, including reasonable provision of replacement batteries (no temporal limit stated), while 6(b) authorises maintenance including reasonable provision of replacement batteries for the first year only. Class 1, Class 6 and Class 7 are assigned 6(a) in the table, whereas Class 3 receives 6(b). The longevity of battery support differs sharply between classes.

3. Replacement authorisation is regulation-tied (s 6 item 9)

• Replacement of non-implant hearing devices destroyed, lost and unlikely to be found, or damaged beyond repair, requires Authority authorisation “in accordance with regulation 4A” of the Regulations (s 6 item 9). The Determination does not specify the criteria or process for authorisation; those are in regulation 4A. Practitioners and recipients must consult the Regulations to know replacement eligibility and procedures.

4. Time-limited exclusions to maintenance after age or Class change (s 6 item 8)

• Item 8 delimits maintenance by excluding replacement of major electronic components, battery provision, and replacement for loss/damage for a period of five years beginning on the day the person turns 26 or ceases to be a member of Class 6. This is a precise administrative rule: a person who transitions into Class 5 will see a five year window during which those maintenance actions are excluded. The start dates are defined discretely and trigger administrative recordkeeping obligations.

5. Charging exposure is targeted and must be cross-checked with Regulations (s 9)

• The Determination itself does not set charges but specifies which service-class combinations may be subject to charges under Regulations. For example, Class 6’s entitlement to item 9 (replacement) is identifiably subject to charges (s 9(2)(c)). Actual charge amounts, waiver criteria, and recovery processes are in the Regulations.

6. Clinical threshold for “eligible for specialist hearing services” is strict (s 4)

• One route to being in Class 6 is meeting the 0.5/1/2 kHz better ear average threshold of >=80 dB. That is a high clinical bar and will exclude many persons with less severe hearing loss from Class 6-style entitlements. The second route requires functional communication difficulty or that hearing loss is caused/aggravated by significant disability. The Determination therefore predicates Class 6 eligibility on measurable medical and functional criteria, which will require audiometric evidence and possibly multidisciplinary assessment.

7. Indigenous cohort definitions include program participation edge cases (s 7 Class 7)

• Class 7 includes Aboriginal and Torres Strait Islander persons who are RAES participants or participants in predecessor employment programs who had started receiving declared services prior to leaving those programs. That captures some transitional cases but imposes administrative proof requirements about prior program participation and the state of service receipt when participation ceased.

8. Geographic classification depends on Departmental mapping and ASGS data (s 4)

• The Determination defines Modified Monash Model area 6 and 7 by reference to ASGS data used by the Department. That means operational classification may depend on the Department’s data choices and mapping procedure. Practitioners must be clear which ASGS edition and departmental mapping are being applied.

9. Central Auditory Processing Disorder is explicitly outside scope (s 4(2))

• The Determination excludes services for Central Auditory Processing Disorder. That clinical group will therefore need to look to other programs or funding sources for relevant services.

10. Designation for CSO does not equal identical service entitlement (s 8)

• Being a “designated person” under s 8 makes a class eligible for the CSO component, but the entitlements and conditions remain those set out in the Determination’s s 6 and s 7 mapping. CSO eligibility may affect funding and access modalities but does not by itself expand the menu beyond what s 6 and s 7 provide.

11. Commencement aligned to RAES creates administrative synchrony risk (s 2)

• The Determination commences to coincide with RAES on 1 November 2025. Administrative systems, program records and linkages with RAES participant lists must be operational by that date for Class 7 entitlements to be administered as intended.

Each of these points arises directly from particular clauses of the Determination. They create administrative obligations for the Authority and evidence/recordkeeping obligations for recipients and referring agencies.

For administrators, providers and compliance officers, the Determination sets out specific operational steps. The following is a checklist of concrete compliance actions grounded in the instrument’s text.

1. Implement the entitlement mapping precisely (s 6; s 7)

• Maintain a reference matrix that maps each recipient to one of the seven Classes in s 7 and then maps the Class to the specific declared hearing services listed in s 6. Do not assume cross-class entitlements. Use the exact item numbers and sub-items in client records, consent forms and service plans.

2. Verify clinical eligibility for specialist services (s 4 definition)

• For any person claimed to be “eligible for specialist hearing services” under the Class 6 criterion, obtain audiometric evidence that the average hearing threshold at 0.5, 1 and 2 kHz in the person’s better ear is >=80 dB, or evidence of hearing loss plus the defined communication difficulty (s 4 definition). Document the audiogram and any multidisciplinary assessment used to confirm the second route. Retain these records as evidence of entitlement.

3. Track age and Class transitions (s 4, s 6 item 8, s 7)

• Record precise dates when young adults turn 26 or when persons cease to be members of Class 6. These dates trigger the five year maintenance exclusion window in s 6 item 8. Ensure administrative systems flag the start and end of that five year period and that service teams observe the exclusion of major component replacements, battery provision and replacement for loss/damage during the window.

4. Apply Regulation 4A procedures for replacement (s 6 item 9)

• For replacement requests under s 6 item 9, follow the authorisation procedure “in accordance with regulation 4A” of the Australian Hearing Services Regulations 1992. Ensure forms, decision records and internal criteria mirror regulation 4A. If regulation 4A requires particular supporting documentation for loss, damage or irreparability, collect and file those items.

5. Charge collection and waiver procedures (s 9)

• Where s 9 indicates a class/item may be subject to payment of charges, implement charging in line with the Regulations made under subsection 77(1) of the Act. Confirm the current Regulation Schedule of charges, payment methods, invoicing processes and any waiver or concessions protocols under the Regulations. Ensure billing teams are aligned with the specific class/item combinations in s 9(2).

6. Indigenous and cultural service delivery (s 6 item 10; s 7 Class 7)

• For Class 7 recipients, ensure services, training and advice are delivered “in a culturally appropriate way” and that specialised amplification devices are available where needed (s 6 item 10). Establish culturally appropriate engagement processes, including working with community representatives where necessary, and document culturally appropriate adaptations in client files.

7. Geographic classification using Department ASGS mapping (s 4)

• For Class 6 geographic eligibility based on Modified Monash Model areas 6 and 7, use the Department’s ASGS-based mapping. Obtain the authoritative Departmental ASGS mapping version in use and apply it to client addresses to determine whether they qualify for Class 6. Record the mapping reference/version used for auditability.

8. Coordinate with Comcare and Commonwealth referrals (s 7 Classes 2-4; s 6 item 7)

• For Comcare-referred clients, distinguish between general Comcare referrals (Class 2), and those covered by a specific Authority-Comcare agreement (Class 3). For Class 3, ensure the Authority and Comcare agreement is referenced and that maintenance battery support for only the first year (s 6 item 6(b)) is implemented. For referred Commonwealth employees (Class 4) record referral provenance to confirm entitlement to the assessment-only service in s 6 item 1(a).

9. Record RAES and predecessor program participation evidence (s 4 definitions; s 7 Class 7)

• For Class 7 eligibility where RAES or predecessor program participation is relevant, obtain and retain program records verifying participant status and whether they had already received or were part way through receiving declared hearing services before ceasing participation. Document dates and service status at cessation to validate entitlement.

10. Exclude Central Auditory Processing Disorder service claims (s 4(2))

• Ensure intake and clinical teams screen for Central Auditory Processing Disorder and route those service requests to alternate funding or referral pathways, because the Determination explicitly excludes those services from its declared hearing services.

11. Administrative reporting and CSO eligibility (s 8)

• For Classes 1, 5, 6 and 7, record designation for CSO eligibility and coordinate with program finance to ensure CSO-component funding and reporting requirements are met. Maintain data fields that mark a client as a “designated person” for CSO reporting consistency.

12. Prepare for commencement date (s 2)

• All processes, IT flags and training should be implemented by 1 November 2025 in order to align with the Determination’s commencement timing. This includes updated consent forms, billing codes, replacement authorisation forms referencing regulation 4A, and geographic classification tools tied to Department ASGS mapping.

13. Documentation and audit trails

• For every decision affecting entitlement, replacement authorisation, charge application or maintenance exception, create contemporaneous records referencing the particular s 6 item, s 7 Class and any applicable regulation number. These records will be essential for audit, complaints handling and potential administrative review.

14. Interact with the Regulations and the Act

• Keep an indexed copy of the Australian Hearing Services Regulations 1992 (notably regulation 4A) and any Regulations under subsection 77(1) of the Act that set charges. The Determination’s operational clauses rely on those Regulations for authorisation and charging; compliance requires following both the Determination and the Regulations.

Following these compliance steps will align operational delivery with the Determination’s mapped entitlements, authorisation processes and charging points. The instrument places the Authority and administering departments at the centre of operational discretion, so precise recordkeeping and adherence to referenced Regulations are critical.