Accident Insurance (Occupational Hearing Assessment Procedures) Amendment Regulations 2010

2010/425

Crest

Accident Insurance (Occupational Hearing Assessment Procedures) Amendment Regulations 2010

Anand Satyanand, Governor-General

Order in Council

At Wellington this 22nd day of November 2010

Present:
His Excellency the Governor-General in Council

Pursuant to section 324 of the Accident Compensation Act 2001, His Excellency the Governor-General, acting on the advice and with the consent of the Executive Council, given on the recommendation of the Minister, makes the following regulations.

Regulations

1 Title

  • These regulations are the Accident Insurance (Occupational Hearing Assessment Procedures) Amendment Regulations 2010.

2 Commencement
3 Principal regulations amended
4 Interpretation

  • (1) This regulation amends regulation 2.

    (2) The following definition is inserted in its appropriate alphabetical order:

    “AS ISO 8253.1 means the Australian Standard: International Organisation for Standardization on Acoustics - Audiometric Test Methods, Part 1: Basic Pure Tone Air and Bone Conduction Threshold on Audiometry: AS ISO 8253.1-2009”.

    (3) The definition of audiometer is amended by omitting “ISO 6189” wherever it appears and substituting “AS ISO 8253.1” in each case.

    (4) The definition of base-line hearing test is revoked.

    (5) The definition of gradual process hearing test is amended by omitting “section 69 of the Act” and substituting “section 61 of the Accident Compensation Act 2001”.

    (6) The definition of ISO 6189 is revoked.

5 New regulation 3 substituted

  • Regulation 3 is revoked and the following regulation substituted:

    “3 Application

    • These regulations apply to a claimant who is required to undergo a gradual process hearing test.”

6 Procedures to be followed in assessment

  • (1) Regulation 4(1) is amended by omitting “insured” and substituting “claimant”.

    (2) Regulation 4(2) is amended by omitting “insured” in each place where it appears and substituting “claimant” in each case.

    (3) Regulation 4(7) is amended by omitting “ISO 6189” and substituting “AS ISO 8253.1”.

7 Adjustment for hearing loss due to presbyacusis

  • Regulation 5 is amended by omitting “either a base-line hearing test or”.

8 Schedule 2 amended

  • The table in Schedule 2 is revoked and the table in the Schedule of these regulations substituted.

Schedule 
Table substituted in Schedule 2

r 8

Male Female
Age Percentage adjustment Age Percentage adjustment
<55 0    
56 0.1    
57 0.2    
58 0.4    
59 0.6    
60 0.8    
61 1.0    
62 1.3    
63 1.7    
64 2.0    
65 2.4    
66 2.9    
67 3.3    
68 3.8 <68 0
69 4.4 69 0.2
70 4.9 70 0.4
71 5.5 71 0.6
72 6.2 72 0.8
73 6.8 73 1.1
74 7.5 74 1.4
75 8.3 75 1.7
76 9.0 76 2.1
77 9.8 77 2.5
78 10.7 78 2.9
79 11.5 79 3.4
80 12.5 80 3.9

Rebecca Kitteridge,
Clerk of the Executive Council.

Explanatory note

This note is not part of the regulations, but is intended to indicate their general effect.

These regulations remove out-of-date references to base-line hearing tests, replace a reference to a standard for audiometric test methods with a reference to a new standard, and substitute the current table for age-related hearing loss with a more recent one that comes from the National Acoustic Laboratories (NAL) Report No 118, January 1988, Appendix 5.

The provisions relating to the new standard come into force on 1 January 2012 and the rest of the regulations come into force on 1 January 2011.

Issued under the authority of the Acts and Regulations Publication Act 1989.

Date of notification in Gazette: 25 November 2010.

These regulations are administered by the Department of Labour.