Legislations and Regulations for Audiologists
Find out which laws, rules and programs relate to you and your audiology clinic.
Child Wellbeing and Protection Laws
ACT: Keeping Children and Young People Safe
NSW: Child wellbeing and protection laws in NSW, Children and Young Persons (Care and Protection) Act 1998
NT: Child protection frameworks, Care and Protection of Children Act 2007
QLD: Protecting children
VIC: Mandatory reporting
SA: Child protection
TAS: Children, Young Persons and Their Families Act 1997, Child Safety Service
WA: Child protection, Mandatory reporting legislation, Children and Community Services Act 2004
Working with Children Checks
ACT: Working with Vulnerable People (Background Checking) Act 2011, Working with vulnerable people (WWVP) registration, It is likely that Audiologists in ACT who provide hearing services to children in private practice settings will require a WWCC. It is recommended that audiologists in ACT speak to their employer on this matter.
NSW: Child Protection (Working with Children) Act 2012 No 51, Apply for a Working with Children Check, Audiologists in NSW whose role involves direct physical or face-to-face contact with children require a WWCC.
NT: Care and Protection of Children Act 2007, Working with children clearance: apply and renew, Audiologists in NT must apply for a working with children clearance, also called an Ochre Card, to work or volunteer with children in the NT.
QLD: Working with Children (Risk Management and Screening) Act 2000, Individuals requiring a blue card to work or volunteer with children, Audiologists in QLD providing hearing services to children in private practice settings (with parental/guardian supervision) will require a Blue Card.
SA: Child Safety (Prohibited Persons) Act 2016, Working with Children Checks, Audiologists in SA who provide hearing services to children for more than seven days a year in private practice will require a WWCC.
VIC: Worker Screening Act 2020, Working with Children Check, Audiologists in Victoria providing hearing services to children in private practice settings will generally not require a WWCC.
TAS: Registration to Work with Vulnerable People Act 2013, Audiologists in Tasmania providing hearing services to children in private practice settings will be required to obtain a Working with vulnerable people (WWVP) registration at their employer’s request.
WA: Working with Children (Criminal Record Checking) Act 2004, Working with Children Checks, Audiologists in WA who provide hearing services to children in private practice settings will not generally require a WWCC, unless they also carry out child-related work in a relevant category that requires a WWCC, such as providing a community child health service. A full list of prescribed categories is available at Who needs a WWC Check?
National Standard for Health Assessment of Rail Safety Workers
The 2024 edition of the National Standard for Health Assessment of Rail Safety Workers outlines the medical requirements for assessing the fitness of rail safety workers across Australia.
The Hearing Services Program
www.health.gov.au/our-work/hearing-services-program
The Hearing Services program is funded by the Commonwealth. The following information outlines some background on the program: The Department of Health (the Department) is responsible for managing and administering the Australian Government Hearing Services Program (the program). Through the program the Department continues to work towards reducing the incidence and consequences of avoidable hearing loss in the Australian community by providing access to high quality hearing services and devices.
The Department:
- provides a program eligibility confirmation service and support
- investigates and resolves complaints
- provides information on the location of sites and practitioners
- undertakes contract development, compliance checks and audits, management and support across a range of manufacturers, providers and agencies
- supports the interface between the program and the National Disability Insurance Scheme, and
- provides advice to Ministers on strategic policy to support the aims of the program.
Legislation: Hearing Services Program (Schedule of Service Items and Fees 2022-23) Instrument (No. 2) 2022
Medicare Schedule of Benefits (MBS)
Medicare also has the ability for access to Audiology services. The following details give the background to eligibility: Make sure you read the relevant Medicare Benefits Schedule (MBS) item descriptors and explanatory notes at MBS Online.
Diagnostic audiology items 82300-82332 let eligible audiologists perform diagnostic tests if they have a written request from a medical practitioner, that clearly names the test required.
They supplement otolaryngology MBS items 11300-11345 for services delivered both:
- by medical practitioners
- on behalf of medical practitioners, not including item 11304 which a medical practitioner must provide in person.
These services can be performed by audiologists on behalf of a medical practitioner when certain requirements are met.
Please review the relevant item number on the MBS website or the Provider Handbook.
Legislation:
Resources:
National Code of Conduct for Healthcare Workers / State and Territory Equivalents
The purpose of the National Code of Conduct is to protect the public by setting minimum standards of conduct and practice for all unregistered health care workers who provide a health service.
National Code of Conduct for Health Care Workers
ACT: Code of Conduct for Health Care Workers (ACT)
NSW: Code of Conduct for Non-Registered Health Practitioners
NT: Codes of Conduct
QLD: National Code of Conduct for Health Care Workers (Queensland)
SA: Code of Conduct for Certain Health Care Workers
TAS: Code of Conduct for Unregistered Health Care Workers
VIC: Code of Conduct
Australian Commission on Safety And Quality in Health Care (ACSQHC)
The Australian Commission on Safety and Quality in Health Care has produced a range of information resources for patients, carers and health professionals that includes health care rights (such as the right to comment) and making improvements from consumer reported incidents. Refer to list of publications on website. The Australian Charter of Healthcare Rights is used by health service organisations to tell patients and consumers about their rights in our healthcare system.
State and territory health services commissioners/health complaints commissioners provide information for health consumers about making a complaint.
ACT: www.hrc.act.gov.au/health
NSW: www.hccc.nsw.gov.au
QLD: www.oho.qld.gov.au
TAS: www.healthcomplaints.tas.gov.au
VIC: www.hcc.vic.gov.au
Aged Care
The new Aged Care Act 2024 is a major reform that replaces the Aged Care Act 1997 and focuses on patient-centred care to ensure aged care is safe, accessible and respectful. It comes into effect 1 November 2025.
Safe Work Australia
Safe Work Australia is an Australian Government statutory agency established in 2009, with the primary responsibility of developing national policy to improve workplace health and safety and workers’ compensation arrangements across Australia. Safe Work Australia has developed a model Code of Practice on managing electrical risks in the workplace, labelling of workplace hazardous chemicals, and managing risks of hazardous chemicals in the workplace
State and territory workplace safety regulations and resources:
State-Based Workers' Compensation Programs
Workers’ compensation programs are regulated at the state and territory level, meaning requirements and processes can vary significantly depending on jurisdiction.
ACT: WorkSafe ACT provides lump sum payments to eligible workers based on permanent noise-induced hearing loss percentage, as determined by an authorised audiologist or ENT.
NSW: State Insurance Regulatory Authority NSW (SIRA) allows for the claiming of hearing device costs for eligible workers who have sustained a permanent hearing loss as a result of their employment.
NT: WorkSafe NT provides lump sum payments to eligible workers based on permanent noise-induced hearing loss percentage, as determined by an authorised audiologist or ENT.
QLD: WorkSafe QLD provides lump sum payments to eligible workers based on permanent noise-induced hearing loss percentage, as determined by an authorised audiologist or ENT.
SA: Return to Work SA (RTWSA) provides funding for audiological services to workers with accepted work injury claims, including noise-induced hearing loss. The funding covers audiology services and hearing devices that are deemed reasonable, necessary, and clinically justified.
TAS: WorkSafe TAS provides lump-sum payments to eligible workers based on permanent noise-induced hearing loss percentage, as determined by an authorised audiologist or ENT.
VIC: WorkSafe Victoria provides approved hearing services and devices to eligible workers to assist with rehabilitation of work-related hearing loss. These services must be provided by approved hearing service providers.
WA: WorkCover WA provides lump sum payments to eligible workers based on permanent noise-induced hearing loss percentage, as determined by an authorised audiologist or ENT.
Office of the Australian Information Commissioner (OAIC)
The Office of the Australian Information Commissioner (OAIC) provides guidelines and information on a wide range of topics including privacy legislation, requirements for business, government and the health sector, privacy resources and compliance. OAIC has developed a resource for Health Service Providers which explains the obligations of healthcare provider organisations when uploading, collecting, using, and disclosing health information from a patient’s My Health Record. It also provides an overview of how the My Health Records Act 2012 interacts with the Privacy Act 1988.
Australian Human Rights Commission
The Australian Human Rights Commission has information about human rights and people with special needs, including disability rights and access to premises. Refer to Access for all: Improving accessibility for consumers with disability 2016.
Disability Discrimination Act 1992
Work Health And Safety Regulations 2011
National Disability Insurance Scheme (NDIS)
Australian Guidelines for the Prevention and Control of Infection in Healthcare (2019)
Healthcare-associated infections are the most common complication affecting hospitals and many other healthcare settings.
The Australian Guidelines for the Prevention and Control of Infection in Healthcare (2019) detail how to provide a safe working and patient environment. You can read more advice about how to prevent infections on the NHMRC website or you can download Audiology Australia’s summary for audiologists.
HAVE A QUESTION ABOUT THE ABOVE LEGISLATIONS?
Call the Audiology Australia team on +61 3 9940 3900, or click below, to use the contact form.