32False or misleading representations

32 False or misleading representations

(1) A contracted service provider must not make any representation in connection with the provision of hearing services to voucher‑holders that: (a) is misleading or deceptive, or likely to mislead or deceive; or (b) is calculated to mislead either directly or by implication; or (c) suggests, directly or indirectly, that: (i) hearing services under the voucher system are only available from the contracted service provider; or (ii) the contracted service provider enjoys a special relationship with the Minister or the Department that will help get favourable treatment for a voucher‑holder; or (iii) the contracted service provider’s accreditation under the accreditation scheme is a recommendation or endorsement by the Commonwealth of its hearing services; or (iv) the approval of any hearing device by the Minister for provision to a voucher‑holder is a recommendation, endorsement or award by the Commonwealth.

Note: Paragraph (a) covers comparison advertising.

(2) Subsection (1) does not affect the operation of any other law, including a law of a State or Territory. (3) A contracted service provider must use the phrase ‘conditions apply under the Australian Government Hearing Services Program’ in any advertisement or statement published, or caused to be published by it, that refers to a service or device that is able to be provided to voucher‑holders under the voucher system. (4) A contracted service provider must not make any representation in connection with the provision of hearing services to voucher‑holders that: (a) brings the voucher system into disrepute, including any representation that suggests that fully subsidised hearing devices are generally unsuitable; or (b) suggests that fully subsidised hearing devices are provided free by the contracted service provider rather than by the Australian Government. (5) In this section, any representation includes: (a) a representation in advertising, on product packaging, in the media and online; and (b) a statement made or information provided to the voucher‑holder orally or in writing.