28 Qualified practitioner numbers and maintenance of status
29 Registration of Provisional Audiologists
30 Registration of Provisional Audiometrists
31 Registration of Student Audiometrists
32 Advisory committees and examinations
33 Refusing applications
34 Registers
35 Clinical logbooks
36 Revoking approvals and registrations
37 Power to require information, documents etc
Section 1 - Hearing Services Rules of Conduct 2005 - Hearing Services Rules of Conduct 2005 | Zoe
Part 4 Miscellaneous
38 Top‑up devices
39 Information to potential voucher‑holders
39A Verification of voucher status
40 Complaints procedures
41 Breaches to be reported
42 Fees and charges payable by voucher‑holders under the voucher system
43 Indexation of annual maintenance fee
44 Advertising
45 Voucher‑holders transferring between contracted service providers
46 Complex clients
Notes
Part 1 Preliminary
1 Name of Rules [see Note 1]
These Rules are the Hearing Services Rules of Conduct 2005.
2 Commencement
These Rules commence on 1 October 2005.
3 Repeal
The Hearing Services Rules of Conduct 2000 are repealed.
4 Interpretation
(1) In these Rules:
accredited course means a course accredited by a State or Territory Training Authority.
Act means the Hearing Services Administration Act 1997.
advisory committee means a committee established under rule 32.
approved professional body means a professional body approved by the Minister under rule 24.
complex client has the same meaning as in the Declared Hearing Services Determination 1997.
direct supervision means supervision by a supervisor who is physically present ‘at the elbow’ of the person being supervised.
hearing device means a hearing device that is approved by the Minister under rule 12.
Note A device approved by the Minister under rule 12 as a free‑to‑client device is listed in the document titled ‘Main Schedule of Approved Devices’, issued by the Office. A device approved by the Minister under rule 12 as a top‑up device is listed in the document titled ‘Top‑up Schedule of Approved Devices’, issued by the Office. These documents are available at http://www.health.gov.au/hear.
Letter of Authority means a written authorisation issued by the Office advising that a person is eligible for the provision of services under the voucher system, including a relocation authority letter, transfer authority letter or a voucher verification letter.
medical practitioner means a person registered as a medical practitioner under a law of a State or Territory that provides for the registration or licensing of medical practitioners.
Office means the Office of Hearing Services within the Department.
on‑site supervision means supervision by a supervisor who is on the same premises at the relevant time and is available to help the person being supervised or the voucher‑holder concerned.
outcomes document means the document, Hearing Rehabilitation Outcomes for Voucher‑Holders, in the form issued by the Office on 1 July 2007.
professional judgment means the exercise of professional expertise to determine what procedure is needed and appropriate for the proper care of a particular voucher‑holder.
Provisional Audiologist means a person registered as a Provisional Audiologist under rule 29.
Provisional Audiometrist means a person registered as a Provisional Audiometrist under rule 30.
qualified practitioner means a Qualified Practitioner (Audiologist) or a Qualified Practitioner (Audiometrist).
Qualified Practitioner (Audiologist) means a person approved as a Qualified Practitioner (Audiologist) under rule 26.
Qualified Practitioner (Audiometrist) means a person approved as a Qualified Practitioner (Audiometrist) under rule 27.
qualified practitioner number means the unique number allocated to a qualified practitioner by the Minister under rule 28.
service provider personnel, in relation to a contracted service provider or the subcontractor of a contracted service provider, means the officers, employees, agents and subcontractors of that provider or subcontractor, and may include a Provisional Audiologist, a Provisional Audiometrist, a qualified practitioner, a Student Audiologist and a Student Audiometrist.
Student Audiometrist means a person registered as a Student Audiometrist under rule 31.
voucher system means the voucher system provided for in Part 2 of the Act.
Note Several other words and expressions used in these Rules have the meaning given by section 4 of the Act. For example:
Note: accreditation
Note: accreditation scheme
Note: contracted service provider
Note: hearing services
Note: participant in the voucher system
Note: voucher
Note: voucher‑holder.
(2) In these Rules, unless the contrary intention appears, a reference to a period of employment or experience, in relation to qualification requirements or the provision of hearing services, is a reference to that period of full‑time employment or experience or the equivalent period of part‑time employment or experience.
(3) For the purpose of these Rules, a person who is on leave to which he or she is entitled under a contract of employment or an award or other industrial instrument is not, for that reason, not employed.
(4) A reference in these Rules to the provision of hearing services to a voucher‑holder is a reference to the provision of those services to the voucher‑holder under the voucher system.
(5) For the purposes of these Rules, a device is a top‑up device, in relation to a contracted service provider and a voucher‑holder, if the device is a hearing device that has been approved as a top‑up device by the Minister under rule 12.
5 Performance of obligations
Subject to these Rules and its contract with the Commonwealth, a contracted service provider may arrange for someone else to perform a duty or a function it has under these Rules. However, the arrangement does not affect the contracted service provider’s obligation under these Rules to ensure that the duty is performed or the function exercised in accordance with these Rules.
Note 1 Part 2 deals with persons who may provide hearing services under these Rules.
Note 2 A contracted service provider’s contract with the Commonwealth under section 20 of the Act contains restrictions on subcontracting. Subcontracting does not mean the engagement of contract employees and the employment of individuals who are qualified practitioners as locums.
Part 2 Rules about providing hearing services
6 Hearing services not to be refused to voucher‑holders
(1) A contracted service provider must not refuse or fail to provide hearing services to a voucher‑holder who presents a valid voucher or a Letter of Authority for those services unless, in the circumstances, it is reasonable to do so and the Office is informed within a reasonable time of the reason for that refusal.
(2) Without limiting subrule (1), refusing to provide hearing services to a voucher‑holder on the ground that the voucher‑holder will not enter into an arrangement for a top‑up device is unreasonable.
7 Hearing services to be provided by qualified or supervised persons
A contracted service provider must ensure that:
(a) the hearing services it provides to voucher‑holders, other than services related to the maintenance of a hearing device or the provision of a battery for a hearing device, are provided only by:
(i) a Qualified Practitioner (Audiologist); or
(ii) a Qualified Practitioner (Audiometrist); or
(iii) a Provisional Audiologist; or
(iv) a Provisional Audiometrist; or
(v) a Student Audiometrist; or
(vii) a person who:
(A) is enrolled in, and undertaking a tertiary course in audiology; and
(B) either:
(I) is on temporary work placement with the provider as part of the academic clinical practice requirements of the course; or
(II) is on vacation employment with the provider; and
(C) provides the service subject to the direct supervision of a Qualified Practitioner (Audiologist); and
(D) has obtained the consent of the voucher‑holder, or his or her authorised representative, to provide the service; or
(viii) a person who:
(A) is enrolled in, and undertaking, the NSW Technical and Further Education Certificate VI in Audiometry Course (or an equivalent accredited course); and
(B) either:
(I) is on temporary work placement with the provider as part of the academic clinical practice requirements of the course; or
(II) is on vacation employment with the provider; and
(C) provides the service subject to the direct supervision of a qualified practitioner; and
(D) has obtained the consent of the voucher‑holder, or his or her authorised representative, to provide the service; and
(b) any supervision requirements in these Rules are satisfied.
Note For qualifications see Part 3.
8 Supervision of Provisional Audiologists providing hearing services
(1) A contracted service provider must ensure that a Provisional Audiologist provides, for the contracted service provider, hearing services to voucher‑holders only the supervision of a Qualified Practitioner (Audiologist) in accordance with this rule.
(2) For approval as a Qualified Practitioner (Audiologist) under rule 26, and subject to subrule (4), the Provisional Audiologist must:
(a) practice under the supervision of a Qualified Practitioner (Audiologist) for at least 12 months; and
(b) comply with the supervisory requirements of any approved professional body of which he or she is a member.
Note The 12‑month supervision may be undertaken full‑time or in an equivalent period part‑time: see subrule 4 (2).
(3) For subrule (2), if the Provisional Audiologist is not a member of an approved professional body, he or she must complete at least 12 months on‑site supervision by a Qualified Practitioner (Audiologist).
Note The 12‑month supervision may be undertaken full‑time or in an equivalent period part‑time: see subrule 4 (2).
(4) If a Provisional Audiologist has trained as an audiologist in a country other than Australia, an approved professional body of which he or she is a member may determine the minimum period of on‑site supervision.
9 Supervision of Provisional Audiometrists providing hearing services
(1) A contracted service provider must ensure that a Provisional Audiometrist provides, for a contracted service provider, hearing services to voucher‑holders only under the supervision of a qualified practitioner in accordance with this rule.
(2) For approval as a Qualified Practitioner (Audiometrist) under rule 27, and subject to subrule (5), the Provisional Audiometrist must:
(a) practice under the supervision of a qualified practitioner for at least 2 years; and
(b) comply with the supervisory requirements of any approved professional body of which he or she is a member.
Note The 2‑year supervision may be undertaken full‑time or in an equivalent period part‑time: see subrule 4 (2).
(3) For subrule (2), the supervisory requirements must include at least 12 months on‑site supervision by a qualified practitioner.
Note The 12‑month supervision may be undertaken full‑time or in an equivalent period part‑time: see subrule 4 (2).
(4) For subrule (2), if a Provisional Audiometrist is not a member of an approved professional body, a contracted service provider must ensure that a Provisional Audiometrist provides, for the contracted service provider, hearing services to voucher‑holders only if arrangements are in force under which:
(a) the Provisional Audiometrist will provide at least 8 hours each month of hearing services under direct supervision by a qualified practitioner; and
(b) all other hearing services the Provisional Audiometrist provides, for the contracted service provider, are under on‑site supervision by a qualified practitioner.
(5) If a Provisional Audiometrist has trained as an audiometrist in a country other than Australia, an approved professional body of which he or she is a member may determine the minimum period of on‑site supervision.
10 Supervision of Student Audiometrists providing hearing services
(1) A contracted service provider must ensure that a Student Audiometrist provides, for or on behalf of the contracted service provider, hearing services for voucher‑holders only if the Student Audiometrist has completed a 6‑month orientation phase of general industry experience.
Note During this 6‑month period the Student Audiometrist is not to provide hearing services to voucher‑holders, even subject to supervision.
(2) A contracted service provider must ensure that a Student Audiometrist who has completed the 6‑month orientation phase of general industry experience required by subrule (1) gains, over at least 6 months from the commencement of his or her employment, at least 200 hours of clinical practice, in a variety of hearing services, under the direct supervision of a qualified practitioner.
(3) If a Student Audiometrist has complied with subrule (2) but has not successfully completed the NSW Technical and Further Education Certificate IV in Audiometry or an equivalent approved course, he or she may provide hearing services to voucher‑holders, for a contract service provider, subject to:
(a) on‑site supervision by a qualified practitioner; and
(b) the provision of a minimum of 16 hours per month of hearing services under the direct supervision of a qualified practitioner.
(4) A Student Audiometrist must, within 4 years after registration as a Student Audiometrist:
(a) gain the 200 hours of clinical practice mentioned in subrule (2); and
(b) successfully complete the NSW Technical and Further Education Certificate IV Audiometry or an equivalent approved course, mentioned in subrule (3).
(5) The Minister may waive the requirement in subrule (1) if he or she is satisfied that the Student Audiometrist has provided satisfactory evidence of having completed a 6‑month orientation phase of general industry experience prior to being registered as a Student Audiometrist.
12 Only approved devices to be used
A contracted service provider must not, in providing hearing services to a voucher‑holder, fit the voucher‑holder with a hearing device unless the hearing device has been approved by the Minister.
13 Choice of device
If a contracted service provider determines that a voucher‑holder requires a hearing device, the contracted service provider must provide the voucher‑holder with a choice of free‑to‑client hearing devices, including:
(a) an alternative listening device (ALD); and
(b) an in the canal (ITC) hearing device; and
(c) an in the ear (ITE) hearing device; and
(d) either:
(i) if a behind the ear (BTE) hearing device would be appropriate for the needs of the voucher‑holder, as determined by the service provider — a BTE device; or
(ii) if a high powered behind the ear (BTE) hearing device would be appropriate for the needs of the voucher‑holder, as determined by the service provider — a high powered BTE device; and
(e) if the Minister has approved 1 or more completely in the canal (CIC) hearing devices as a free‑to‑client device — a CIC hearing device; and
(f) if the Minister has approved the fitting of a non‑standard hearing device in respect of the voucher‑holder prior to the fitting of that device — that non‑standard hearing device.
14 Professional standards
(1) A contracted service provider must, in relation to the provision of hearing services to a voucher‑holder:
(a) exercise reasonable care for the voucher‑holder’s safety with respect to the environment, premises, the hearing services and the procedures used; and
(b) ensure the hearing services it provides meet the voucher‑holder’s needs and are complete; and
(c) exercise professional judgment; and
(d) have due regard to the voucher‑holder’s individual requirements and identified hearing impairment; and
(e) provide the hearing services in accordance with the outcomes document.
(2) Subrule (1) does not affect the operation of any other law, including a law of a State or Territory.
15 Voucher‑holder consent
(1) A contracted service provider must not provide hearing services to a voucher‑holder unless the voucher‑holder, or the voucher‑holder’s guardian, has given his or her informed consent to the provision of those services.
(2) In this rule:
guardian includes a person nominated by the voucher‑holder for this rule.
informed consent, in relation to the provision of hearing services to a voucher‑holder, means consent to the provision of those services that is freely given on the basis of information concerning the potential risks and benefits of the services, being information that is sufficient to allow the voucher‑holder, or the voucher‑holder’s guardian, to make an informed decision about whether to consent to the provision of those services.
16 Referral of certain assessment tests
A contracted service provider must ensure that, if the assessment of a hearing test conducted by a Qualified Practitioner (Audiometrist) results in a voucher‑holder being classed as a non‑routine client within the meaning of the outcomes document, the results are referred to a Qualified Practitioner (Audiologist) for interpretation and any necessary further assessment.
17 Referral to medical practitioner if medical advice needed
A contracted service provider that becomes aware that a voucher‑holder for whom it is providing hearing services needs medical advice or assistance must, as soon as practicable, recommend that the voucher‑holder seek advice or assistance from a medical practitioner, and give the voucher‑holder reasonable help in that regard.
18 Documents to be explained to voucher‑holder
A contracted service provider that presents a document to a voucher‑holder for signature in connection with hearing services provided to the voucher‑holder must take reasonable steps to ensure that, before the voucher‑holder signs the document, the voucher‑holder understands:
(a) the effect of the document; and
(b) the nature of any liability or potential liability of the voucher‑holder under the document, and of any release or concession the voucher‑holder will give under the document.
Note Rule 5 deals with the obligations of contracted service providers where a person does an act for or on behalf of the contracted service provider.
19 Advice about other services related to hearing
A contracted service provider that provides hearing services to a voucher‑holder must give the voucher‑holder any information the contracted service provider reasonably believes the voucher‑holder needs about other hearing services.
20 Ongoing follow‑up assistance
(1) A contracted service provider must, in respect of a voucher‑holder who has received hearing services from the provider, provide or arrange for the provision of, any ongoing follow‑up assistance that is required by the voucher‑holder.
(2) For a period of 12 months from the date of the fitting of a hearing device by the contracted service provider under the voucher system, this ongoing follow‑up assistance must be made available free of charge.
(3) In this rule ongoing follow‑up assistance means:
(a) the provision of appropriate information and instruction with regard to hearing rehabilitation; and
(b) checking the correctness of the fitting of a hearing device and providing any necessary modification to ensure the device meets the voucher‑holder’s rehabilitation needs; and
(c) reassessment of the voucher‑holder’s rehabilitation needs and the provision of any further hearing rehabilitation services identified as necessary as a result of that reassessment.
21 Contracted service providers not to discriminate against voucher‑holders
(1) A contracted service provider must not discriminate against a voucher‑holder on the ground of the person’s:
(a) age; or
(b) disability; or
(c) gender; or
(d) racial or ethnic characteristics, origin or background; or
(e) religious beliefs or affiliation; or
(f) sexual preference; or
(g) participation in the voucher system.
(2) A contracted service provider discriminates against a voucher‑holder for the purposes of this rule if, on a ground mentioned in subrule (1), the contracted service provider treats the voucher‑holder less favourably than it treats, or would treat, a person who is not a voucher‑holder or a person who does not have the relevant characteristic mentioned in subrule (1).
(3) Treatment that is reasonable in the circumstances, for example, having regard to the person’s hearing impairment, is not discriminatory for the purposes of this rule.
(4) This rule does not affect the operation of any other law, including a law of a State or Territory.
22 Clinical records
(1) A contracted service provider must, in respect of each voucher‑holder to whom hearing services are provided by the contracted service provider:
(a) make and maintain a comprehensive clinical record that includes the following information:
(i) the information specified in the voucher issued to the voucher‑holder;
(ii) the information specified in the outcomes document;
(iii) the name of any service provider personnel who provide hearing services to the voucher‑holder;
(iv) if the provision of a hearing service to the voucher‑holder was supervised by a qualified practitioner — the name of the qualified practitioner; and
(b) ensure that the information contained on the clinical record is accurate and current.
(2) A contracted service provider must keep clinical records made for voucher‑holders separate from the clinical records of persons who are not voucher‑holders.
(3) The contracted service provider must securely store information in the possession, or under the control, of the provider.
(4) The contracted service provider must ensure, as far as practicable, that information:
(a) is stored in such a way that it is easily identifiable and accessible; and
(b) is retained for at least 7 years.
Note A contracted service provider’s contract with the Commonwealth under section 20 of the Act says that these clinical records belong to the Commonwealth.
23 Access to Client Records
A contracted service provider must allow such access to records, including clinical records, relating to the provision of hearing services to voucher‑holders as is necessary for it to comply with the terms and conditions of its engagement as a contracted service provider.
Part 3 Rules about qualifications
24 Approved professional bodies
The Minister may approve a professional body in respect of audiologists or audiometrists to be an approved professional body for the purposes of this Part, and may specify which category of membership of an approved professional body will be required under this Part.
25 Applicable services
These Rules do not apply to services related to the maintenance of a hearing device or the provision of a battery for a hearing device.
(1) A person is taken to have been approved as a Qualified Practitioner (Audiologist) under these Rules if the person:
(a) was approved by the Minister or the Office as a qualified audiologist for the purposes of the Hearing Services Rules of Conduct 1997 as in force immediately before 1 July 2000; or
(b) was approved by the Minister as a Qualified Practitioner (Audiologist) under the Hearing Services Rules of Conduct 2000 as in force immediately before the commencement of these Rules.
(2) The Minister may, on application by or on behalf of a person (the applicant), approve the person as a Qualified Practitioner (Audiologist).
(3) If the Minister is satisfied that:
(a) the applicant is a full member of an approved professional body for audiologists; and
(b) the approved professional body for audiologists has certified in writing to the effect that the applicant has the clinical skills and experience appropriate for a person who is to provide hearing services to voucher‑holders without supervision; and
(c) the applicant is an employee of a contracted service provider, or an employee of an entity that has applied for accreditation under section 5 of the Hearing Service Providers Accreditation Scheme 1997;
then, subject to rule 33, the Minister must approve the applicant as a Qualified Practitioner (Audiologist).
Note 1 Subrule (3) applies to members of an approved professional body.
Note 2 Paragraph (3) (a) also applies to locums engaged by a contracted service provider.
(4) If subrule (3) does not apply, the Minister must not approve an applicant under this rule unless, subject to rule 33, the Minister is satisfied, after considering a report from the applicant’s principal supervisor and after considering advice from an advisory committee, that:
(a) the applicant has been employed for the same length of time as would be required for a person who was a provisional member of an approved professional body, subject to on‑site supervision by a Qualified Practitioner (Audiologist); and
(b) the applicant has been engaged in direct clinical audiology practice for at least 12 months subject to on‑site supervision by a Qualified Practitioner (Audiologist); and
(c) the applicant has the clinical skills and experience appropriate for a person who is to provide hearing services to voucher‑holders without supervision; and
(d) the applicant has passed any examinations set by the advisory committee.
Note ‘12 months’ refers to 12 months full time or the part‑time equivalent: see subrule 4 (2).
(5) An applicant that has trained as an audiologist in a country other than Australia must be a member of an approved professional body.
Note An application from a person who completed his or her training in audiology outside Australia is dealt with under subrule (3).
(1) A person is taken to have been approved as a Qualified Practitioner (Audiometrist) under these Rules if the person:
(a) was approved by the Minister or the Office as a qualified audiometrist for the purposes of the Hearing Services Rules of Conduct 1997 as in force immediately before 1 July 2000; or
(b) was approved by the Minister as a Qualified Practitioner (Audiometrist) under the Hearing Services Rules of Conduct 2000 as in force immediately before the commencement of these Rules.
(2) The Minister may, on application by or on behalf of a person (the applicant), approve the person as a Qualified Practitioner (Audiometrist).
(3) If the Minister is satisfied that:
(a) the applicant is an employee of a contracted service provider, or an employee of an entity that has applied for accreditation under section 5 of the Hearing Service Providers Accreditation Scheme 1997; and
(b) the applicant has successfully completed the NSW Technical and Further Education Certificate IV in Audiometry Course or an equivalent accredited course; and
(c) the applicant has complied with the requirements for a Provisional Audiometrist under rule 9 within 4 years after being registered as a Provisional Audiometrist; and
(d) the applicant is a member of an approved professional body for audiometrists and of a category of membership specified by the Minister; and
(e) the approved professional body has certified in writing to the effect that the applicant has the skills and experience appropriate for a person who is to provide clinical hearing services to voucher‑holders without supervision;
then, subject to rule 33, the Minister must approve the applicant as a Qualified Practitioner (Audiometrist).
Note Subrule (3) applies to members of an approved professional body.
(4) If subrule (3) does not apply, the Minister must not approve an applicant under this rule unless the Minister is satisfied, after considering a written report from the applicant’s principal supervisor certifying, among other things, that the applicant has achieved a satisfactory standard of clinical skills and after considering advice from an advisory committee, that:
(a) the applicant:
(i) is an employee of a contracted service provider; and
(ii) has successfully completed the NSW Technical and Further Education Certificate IV in Audiometry Course or an equivalent accredited course; and
(iii) has, within 4 years after being registered as a Provisional Audiometrist, completed 2 years of audiometry practice subject to on‑site supervision by a qualified practitioner, with at least 8 hours a month subject to the direct supervision of a qualified practitioner; and
(b) the applicant has the knowledge, skills and clinical experience appropriate for a person who is to provide audiometric hearing services to voucher‑holders without supervision; and
(c) the applicant has passed any examinations set by the advisory committee.
(5) An applicant who has trained as an audiometrist in a country other than Australia must be a member of an approved professional body.
(7) For the purposes of paragraph (4) (b), the Minister may require the applicant to undergo written, oral or practical examinations conducted by an advisory committee.
Note 1 For advisory committees and examinations see rule 32.
Note 2 Rule 33 also applies.
28 Qualified practitioner numbers and maintenance of status
(1) The Minister must allocate each person approved, or taken to be approved, as a qualified practitioner a unique number (a qualified practitioner number).
(2) A contracted service provider may only:
(a) authorise or allow a person to provide a voucher‑holder with hearing services as a qualified practitioner, for it, or on its behalf; or
(b) authorise or allow a person to act as a supervisor for the purposes of these Rules; or
(c) submit a qualified practitioner number in relation to a person on claims for payment for services provided to voucher‑holders,
where that person:
(d) is an employee or locum employed by a contracted service provider; and
(e) is approved as a qualified practitioner and has been allocated a qualified practitioner number; and
(f) is not subject to a prohibition pursuant to subrule (3).
Note A person’s approval or registration may be revoked pursuant to subrule 36 (2) or lapse pursuant to subrule 36 (3).
(3) Subrule (3A) applies to a person who:
(a) has been allocated a qualified practitioner number; and
(b) within the previous 24 months, has not received certification required under paragraph 26 (3) (b), 26 (4) (c), 27 (3) (e) or 27 (4) (b) by an approved professional body or by the advisory committee.
(3A) The person must not:
(a) provide clinical hearing services to voucher‑holders other than under the on‑site supervision of another qualified practitioner; or
(b) supervise a Provisional Audiologist, Provisional Audiometrist, or Student Audiometrist providing clinical hearing services to voucher‑holders.
(3B) An approved professional body or the advisory committee may be satisfied as to the matters mentioned in paragraph (3) (b) upon a person providing evidence of satisfactory completion of approved continuing professional education requirements.
(3C) The Minister may exempt the person from compliance with subrule (3A).
(4) The Minister may, on application by or on behalf of a person, lift a prohibition under subrule (3).
(5) If the Minister is satisfied that either of the criteria in subparagraph (3) (b) (i) or (ii) are now met then, subject to rule 33, the Minister is to lift a prohibition under subrule (3).
(6) Subrule (5) does not limit the circumstances in which the Minister may lift a prohibition under subrule (3).
(7) The Minister may require a person who is subject to a prohibition under subrule (3) to submit to the Office clinical records relating to services provided during the period of prohibition.
29 Registration of Provisional Audiologists
(1) A person is taken to have been registered as a Provisional Audiologist under these Rules if the person was registered as a Provisional Audiologist:
(a) under the Hearing Services Rules of Conduct 1997 as in force immediately before 1 July 2000; or
(b) under the Hearing Services Rules of Conduct 2000 as in force immediately before the commencement of these Rules.
(2) The Minister may, on application by or on behalf of a person (the applicant), register the person as a Provisional Audiologist.
Note Rule 33 also applies.
(3) The Minister must not register an applicant under this rule unless the Minister is satisfied that:
(a) the applicant is a provisional member of an approved professional body for audiologists or has applied to be a provisional member of the approved professional body and the application has not been determined; and
(b) the applicant has completed a tertiary course in audiology from an Australian university; and
(c) the applicant is employed by a contracted service provider.
(4) If an applicant is registered as a Provisional Audiologist on the basis that he or she has applied to be a provisional member of the approved professional body, the contracted service provider that employs the applicant must, within 3 months after registration, give the Minister a copy of a statement or a certificate from the approved professional body confirming that the applicant is a provisional member of the approved professional body.
(5) Without limiting the Minister’s power to revoke registration, if subrule (4) is not complied with, the Minister may, at any time after the 3 months, revoke the applicant’s registration as a Provisional Audiologist.
(6) If subrule (3) does not apply, the Minister must not register an applicant under this rule unless the person has completed a tertiary course in audiology at an Australian university and the Minister is satisfied that:
(a) the person is employed by a contracted service provider; and
(b) after considering a statement about the matter by the contracted service provider that employs the applicant, the on‑site supervision arrangements under which the applicant will provide hearing services to voucher‑holders while a Provisional Audiologist are suitable.
(7) The Minister may register an overseas‑trained person as a Provisional Audiologist if the Minister is satisfied that the person is a provisional member of an approved professional body for audiologists or has applied to be a full member of an approved professional body and the application has not been determined.
(8) If an overseas‑trained person is registered as a Provisional Audiologist on the basis that he or she has applied to be a provisional member of the approved professional body, the contracted service provider that employs the applicant must, within 3 months after registration, give the Minister a copy of a statement or a certificate from the approved professional body confirming that the applicant is a provisional member of the approved professional body.
(9) Without limiting the Minister’s power to revoke registration, if subrule (8) is not complied with, the Minister may, at any time after the 3 months, revoke the overseas‑trained person’s registration as a Provisional Audiologist.
(10) A person registered as a Provisional Audiologist must:
(a) comply with the requirements for a Provisional Audiologist mentioned in rule 8; and
(b) within 2 years after being registered as a Provisional Audiologist, apply to the Minister under rule 26 for approval as a Qualified Practitioner (Audiologist).
(11) Without limiting the Minister’s power to revoke registration, if the person does not comply with subrule (10), the Minister may revoke the person’s registration as a Provisional Audiologist.
30 Registration of Provisional Audiometrists
(1) A person is taken to have been registered as a Provisional Audiometrist under these Rules if the person was registered as a Provisional Audiometrist under the Hearing Services Rules of Conduct 2000 as in force immediately before the commencement of these Rules.
(2) The Minister may, on application by or on behalf of a person (the applicant), register the person as a Provisional Audiometrist.
(3) The Minister may register an applicant under this rule only if the Minister is satisfied that, if the applicant is a Student Audiometrist:
(a) a contracted service provider has certified to the Minister that the Student Audiometrist has complied with paragraph 10 (4) (a); and
(b) the Student Audiometrist has complied with paragraph 10 (4) (b); and
(c) a contracted service provider has given the Minister a certified copy of the Student Audiometrist’s clinical logbook.
Note For clinical logbooks see rule 35.
(4) Where the applicant was not registered as a Student Audiometrist, the Minister is not to register an applicant under this rule unless the Minister is satisfied that:
(a) the applicant is employed by a contracted service provider; and
(b) the applicant has successfully completed the NSW Technical and Further Education Certificate IV in Audiometry Course or an equivalent accredited course; and
(c) the applicant has completed 6 months clinical practice in providing hearing services subject to on‑site supervision, with at least 8 hours a month subject to the direct supervision of a qualified practitioner.
Note Rule 33 also applies.
(5) A person registered as a Provisional Audiometrist must:
(a) comply with the requirements for a Provisional Audiometrist under rule 9; and
(b) within 4 years after being registered as a Provisional Audiometrist, apply to the Minister under rule 27 for approval as a Qualified Practitioner (Audiometrist).
(6) Without limiting the Minister’s power to revoke registration, if the person does not comply with subrule (5), the Minister may revoke the person’s registration as a Provisional Audiometrist.
31 Registration of Student Audiometrists
(1) The Minister may, on application by or on behalf of a person (the applicant), register the person as a Student Audiometrist.
(2) The Minister must not register a person under this rule unless the Minister is satisfied that the person:
(a) is employed by a contracted service provider; and
(b) is engaged in audiometry training in the place of employment subject to the supervision referred to in rule 10; and
(c) is enrolled in and undertaking the NSW Technical and Further Education Certificate IV in Audiometry Course or an equivalent accredited course.
(3) A person registered as a Student Audiometrist must comply with requirements of rule 10.
(4) Without limiting the Minister’s power to revoke registration, if the person does not comply with subrule (3), the Minister may revoke the person’s registration as a Student Audiometrist.
32 Advisory committees and examinations
(1) For the purposes of these Rules, the Minister may establish an advisory committee of at least 3 members.
(2) The members are to be appointed by the Minister. At least 1 member must be appointed as a representative of Qualified Practitioners (Audiologist) and 1 member must be appointed as a representative of Qualified Practitioners (Audiometrist).
(3) The functions of an advisory committee are:
(a) to advise the Minister on applications under this Part referred to it by the Minister; and
(b) to set, conduct and mark examinations for the purposes of this Part; and
(c) to determine the competency of applicants who are not members of an approved professional body, as Qualified Practitioners (Audiologist) or Qualified Practitioners (Audiometrist) under rule 26 or 27; and
(d) subject to the Act and these Rules, any other function specified in the instrument establishing the committee.
(4) Subject to any directions by the Minister, an advisory committee’s procedure is to be as it determines.
(5) Each advisory committee must do its best to see that the examinations it sets and marks are set and marked consistently with other similar examinations.
(6) A person who does not pass an examination for the purposes of this Part may take a similar examination within a reasonable time. However, he or she may not take a third such examination unless the advisory committee concerned is satisfied that, because of the person’s study or experience, or for some other good reason, it is appropriate to do so.
33 Refusing applications
Without limiting the Minister’s power to determine an application for approval or registration or lift a prohibition under subrule 26 (3), the Minister may refuse to approve or register a person or lift a prohibition under this Part if the Minister is satisfied that the person should not provide hearing services to voucher‑holders. For this purpose the Minister may take into account the following (among other things):
(a) the person’s record in providing hearing services to voucher‑holders;
(b) whether the person has provided hearing services to voucher‑holders otherwise than in accordance with these Rules, the Hearing Services Rules of Conduct 2000 or the Hearing Services Rules of Conduct 1997, as applicable to relevant periods of service;
(c) any complaints made about the person’s providing hearing services to voucher‑holders;
(d) whether the applicant’s registration has previously been revoked, varied, suspended or made subject to conditions under paragraph 36 (2) (c), (d), (e) or (f).
34 Registers
(1) A contracted service provider must maintain, and keep up to date, a register recording, for each person who provides hearing services for voucher‑holders for or on behalf of the contracted service provider:
(a) his or her name, current qualification and status for the purposes of these Rules; and
(b) if the person is a qualified practitioner — his or her qualified practitioner number; and
(c) if these Rules require the person to be subject to direct supervision or on‑site supervision when providing hearing services:
(i) the name and qualified practitioner number of each qualified practitioner who has the responsibility for that supervision for the time being; and
(ii) if supervision has been provided by more than 1 qualified practitioner — the period each qualified practitioner was responsible for that supervision.
Note The Register is not to deal with services related to the maintenance of a hearing device or the provision of a battery for a hearing device — see rule 25.
(2) A contracted service provider who becomes aware that a person whose name is in its register no longer provides hearing services to voucher‑holders must give the Minister written notice as soon as practicable.
35 Clinical logbooks
(1) For each Student Audiometrist employed by a contracted service provider, the contracted service provider must:
(a) maintain, and keep up to date, a clinical logbook recording the number of hours of, and types of, hearing services the Student Audiometrist provides for or on behalf of the contracted service provider; and
(b) ensure the clinical logbook is verified as an accurate record by, and signed by, the qualified practitioner who has the responsibility for the supervision.
(2) The clinical logbook maintained by the Student Audiometrist for the Certificate IV in Audiometry Course will meet the requirements of paragraph (1) (a).
36 Revoking approvals and registrations
(1) The Minister may revoke, vary, suspend or impose conditions on an approval of a body as an approved professional body.
(2) The Minister may revoke, vary, suspend or impose conditions on an approval or registration of a person under this Part:
(a) on request by the person; or
(b) if satisfied that the person does not at that time meet the requirements of these Rules for the approval or registration; or
(c) if it appears to the Minister that the application for the approval or registration included information or a statement that was false or misleading; or
(d) if satisfied that the person has provided hearing services to voucher‑holders otherwise than in accordance with these Rules, the Hearing Services Rules of Conduct 2000 or the Hearing Services Rules of Conduct 1997, as applicable to relevant periods of service; or
(e) if satisfied that the person should not provide hearing services to voucher‑holders, taking into account (among other things):
(i) the person’s record in providing hearing services to voucher‑holders; and
(ii) any complaints made about the person’s providing hearing services to voucher‑holders; or
(f) if the person is and has been subject to a prohibition under subrule 28 (3) for more than 12 months.
(3) If a person who was approved as a qualified practitioner on the basis that he or she was a member of an approved professional body has his or her membership of the approved professional body revoked by the approved professional body for unprofessional or unethical conduct, the approval lapses.
(4) Before taking any action under subrule (2) (other than paragraph (2) (a)), the Minister must:
(a) notify the person of the action that he or she is considering taking, giving appropriate detail of reasons for the proposed action; and
(b) allow the person 30 days after receiving the notice to make written submissions about why the proposed action should not occur; and
(c) consider those submissions.
37 Power to require information, documents etc
(1) For the purpose of ensuring compliance with these Rules, the Minister may at any time, by written notice, require a contracted service provider to give a certified copy of any of the following to the Minister:
(a) a register or logbook that the contracted service provider keeps under these Rules, or a specified part of such a register or logbook;
(b) any documents in the possession or under the control of the contracted service provider that relate to a person who is approved or registered under this Part or is an applicant for approval or registration under this Part and are relevant to:
(i) the person’s status under these Rules; or
(ii) the person’s qualifications; or
(iii) the person’s undertaking a course for the purposes of or in connection with that approval or registration; or
(iv) hearing services provided by the person to voucher‑holders generally, or to specified voucher‑holders.
(2) The contracted service provider must promptly comply with the requirement.
(3) However, the contracted service provider need not give the Minister anything it has already given to the Minister or the Office.
Part 4 Miscellaneous
38 Top‑up devices
(1) A contracted service provider must tell a voucher‑holder that an appropriate range of hearing aids is available to the voucher‑holder, free of charge, under the voucher scheme before telling the voucher‑holder that a top‑up device is available to meet his or her hearing rehabilitation needs.
(2) A contracted service provider must not recommend a top‑up device to a voucher‑holder unless it considers on reasonable grounds that the top‑up device will meet the voucher‑holder’s hearing rehabilitation needs in an appropriate way.
(3) A contracted service provider must not suggest to a voucher‑holder, either expressly or by implication, that a hearing aid available to the voucher‑holder, free of charge, under the voucher scheme is unsuitable or of lesser quality than a top‑up device.
(4) If the voucher‑holder requires access to a telecoil, it must be provided at no cost to the voucher‑holder.
(5) Where a contracted service provider fails to comply with this rule, the Minister may require the contracted service provider to refund to a voucher‑holder who has chosen a top‑up device as a consequence of that failure, all or part of any extra charges incurred by that voucher‑holder.
39 Information to potential voucher‑holders
(1) If a person asks a contracted service provider about hearing services, the contracted service provider must ask that person whether he or she is eligible under the voucher system for services funded by the Commonwealth. If that person indicates that he or she is or might be eligible but that he or she is not a participant in the voucher system the contracted service provider must give the person details of the services that may be available to the person free of charge under the voucher system, and any other information about the voucher system the contracted service provider thinks appropriate.
(2) Without limiting the ways in which a contracted service provider can comply with subrule (1), it can comply by giving the person appropriate brochures or similar documents published by or by authority of the Minister.
(3) Where a contracted service provider fails to comply with this rule, the Minister may require the contracted service provider to refund to a person who has incurred charges as a consequence of that failure, all or part of those charges.
39A Verification of voucher status
(1) Before providing any hearing services to a person, the contracted service provider must confirm that:
(a) the person is a voucher‑holder; and
(b) any hearing services required by the voucher‑holder have not already been provided under the voucher.
(2) Where a contracted service provider fails to confirm under subrule (1), the Minister may require the contracted service provider to refund to a voucher‑holder who has incurred charges as a consequence of that failure, all or part of those charges.
40 Complaints procedures
(1) A contracted service provider must establish a procedure for dealing with complaints by or on behalf of a voucher‑holder about a hearing service provided by or for the contracted service provider.
(2) A contracted service provider must ensure that each voucher‑holder who receives a hearing service is given clear, simple written information about its complaints procedure, including the way to make a complaint.
(3) If a person makes a complaint to which subrule (1) applies, the contracted service provider must:
(a) take reasonable steps to try to resolve it to the satisfaction of the complainant; and
(b) cooperate fully and promptly with any inquiries by the Office in relation to the complaint.
41 Breaches to be reported
A contracted service provider must promptly inform the Minister of any material breach, or suspected material breach, by it of:
(a) these Rules; or
(b) the Privacy Act 1988.
Note The Privacy Act 1988 applies to contracted service providers.
42 Fees and charges payable by voucher‑holders under the voucher system
(1) A contracted service provider must not demand of, or receive from, a voucher‑holder a fee for a hearing service that should be provided free of charge to the voucher‑holder under the voucher system.
(2) A contracted service provider may charge a voucher‑holder no more than:
(a) for replacing a lost, destroyed or damaged hearing device that has been provided free of charge to the voucher‑holder under the voucher system — $30; and
(b) as an annual fee, for the supply of batteries for, and maintenance of, a device that has been provided free of charge to the voucher‑holder under the voucher system:
(i) for the financial year in which these Rules commence — $32.15; or
(ii) for a later financial year — the amount calculated in accordance with rule 43.
(3) If a contracted service provider imposes a charge as mentioned in subrule (2), subrule (1) does not prevent the contracted service provider from imposing an additional charge equal to the amount of GST imposed in respect of the supply concerned.
(4) In subrule (3):
GST and supply have the same meaning as in the A New Tax System (Goods and Services Tax) Act 1999.
Note Replacement of a hearing device must first be authorised under rule 10 of the Hearing Services Voucher Rules 1997.
43 Indexation of annual maintenance fee
(1) If, in a financial year, the latest CPI number is greater than the earlier CPI number, the amount of the annual fee for the purposes of subparagraph 42 (2) (b) (ii) is calculated in accordance with the formula:
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earlier CPI number is the CPI number for the last March quarter before the start of the previous financial year.
latest CPI number is the CPI number for the last March quarter before the end of the previous financial year.
previous annual maintenance fee is the annual fee that applied in the previous financial year under paragraph 42 (2) (b).
(2) If the amount calculated under subrule (1) is not a multiple of 5 cents, the amount is to be rounded to the nearest multiple of 5 cents.
(3) If, in a financial year, the latest CPI number is less than the earlier CPI number, the amount of the annual fee for the purposes of subparagraph 42 (2) (b) (ii) is the amount of the annual fee that applied in the previous financial year.
(4) Subject to subrule (5), if at any time, before or after the commencement of these Rules, the Australian Statistician publishes for a particular March quarter a CPI number in substitution for a CPI number previously published by the Statistician for that quarter, the publication of the later CPI number is to be disregarded for the purposes of this rule.
(5) If, at any time, before or after the commencement of this rule, the Australian Statistician changes the reference base for the Consumer Price Index, then, in applying this rule after the change is made, regard is to be had only to CPI numbers published in terms of the new reference base.
(6) In this rule:
CPI number means the All Groups Consumer Price Index number (being the weighted average of the 8 Australian capital cities) published by the Australian Statistician.
March quarter means a period of 3 months ending at the end of March.
advertisement means matter which is published in any form or medium, including advertising material presented as editorial content, for payment or other valuable consideration, or which is self‑published, and which draws the attention of the public, or a segment of the public, to a product, service, person, organisation or line of conduct in a manner calculated to promote or oppose directly or indirectly that product, service, person, organisation or line of conduct.
(2) A contracted service provider must not publish an advertisement, or cause an advertisement to be published, 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 Office 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 inclusion of a particular device in a list of free devices under the voucher scheme, and the eligibility of a top‑up device for supply under top‑up arrangements, is a recommendation, endorsement or award by the Commonwealth other than that the device meets specified standards.
Note Paragraph (a) covers comparison advertising.
(3) Subrule (2) does not affect the operation of any other law, including a law of a State or Territory.
(4) A contracted service provider must ensure that any advertisement published, or caused to be published, by it that refers to a device or service which is able to be provided to voucher‑holders under the voucher system includes the words ‘conditions apply to clients under the Commonwealth Hearing Services Voucher System’.
(5) A contracted service provider must not engage in any form of advertising or telemarketing that:
(a) brings the Australian Government Hearing Services Program into disrepute; or
(b) suggests that hearing devices are provided free by the contracted service provider rather than by the Australian Government.
45 Voucher‑holders transferring between contracted service providers
(1) A contracted service provider that knows or reasonably believes that a person (other than a person who has a return client voucher or Letter of Authority from the Office) who asks it to provide hearing services to the person is:
(a) a participant in the voucher system; and
(b) receiving hearing services from another contracted service provider;
must not provide hearing services to the person without first informing the Office.
(2) If the Office gives the contracted service provider a written direction about a person mentioned in subrule (1), the contracted service provider must comply with the direction, despite any other provision of these Rules.
(3) If a contracted service provider gives another contracted service provider:
(a) a written request for the clinical record the other contracted service provider keeps about a specified voucher‑holder; and
(b) the voucher‑holder’s written authority to hand over the clinical record;
the other contracted service provider must comply with the request within 5 working days.
(4) A contracted service provider may request the clinical record of a specified voucher‑holder only where the contracted service provider is in possession of a voucher or relocation authority issued by the Office.
46 Complex clients
A contracted service provider that knows or reasonably believes that a person who asks it to provide hearing services to the person is:
(a) a voucher‑holder; and
(b) a complex client;
must not provide further hearing services to the person without first referring the person to the Office for information about additional services available to complex clients.
Notes to the Hearing Services Rules of Conduct 2005
Note 1
Note: The Hearing Services Rules of Conduct 2005 (in force under subsection 17 (1) the Hearing Services Administration Act 1997) as shown in this compilation is amended as indicated in the Tables below.
Note: > Note: Table of Instruments
Title
Date of Registration
Date ofcommencement
Application, saving ortransitional provisions
Hearing Services Rules of Conduct 2005
21 Sept 2006 (see F2005L02728)
1 Oct 2005
Hearing Services Amendment Rules of Conduct 2006 (No. 1)
20 June 2006 (see F2006L01861)
1 July 2006
—
Hearing Services Amendment Rules of Conduct 2007 (No. 1)