The Parliamentary Counsel Office has made editorial and format changes to this version using the powers under subpart 2 of Part 3 of the Legislation Act 2019.

Note 4 at the end of this version provides a list of the amendments included in it.

These regulations are administered by the Ministry of Business, Innovation, and Employment.

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 Compensation (Apportioning Entitlements for Hearing Loss) Regulations 2010.

2 Commencement

These regulations come into force on 1 January 2011.

3 Purpose

These regulations prescribe the costs that the Corporation is liable to pay for entitlements for covered hearing loss.

4 Interpretation

In these regulations,—

claimant means a person aged 18 years or over

covered hearing loss means hearing loss covered as a personal injury

devices means—

(a)

hearing aids:

(b)

accessories for hearing aids, including, but not limited to, remote controls:

(c)

consumables, excluding batteries, for the items in paragraphs (a) and (b).

Regulation 4 claimant: inserted, on 1 July 2014, by regulation 4 of the Accident Compensation (Apportioning Entitlements for Hearing Loss) Amendment Regulations 2014 (LI 2014/153).

5 Assessment

(1)

This regulation applies when an audiologist or an audiometrist—

(a)

completes a full audiological assessment using pure tone audiogram and speech audiometry; and

(b)

provides a report to the Corporation.

(2)

The cost that the Corporation is liable to pay is $168.86.

(3)

The cost is payable for—

(a)

the first assessment and report; and

(b)

subsequent assessments and reports if they occur at intervals of at least 6 years.

Regulation 5(1): amended, on 19 December 2024, by regulation 4 of the Accident Compensation (Apportioning Entitlements for Hearing Loss) Amendment Regulations (No 2) 2024 (SL 2024/232).

Regulation 5(2): amended, on 1 June 2024, by regulation 4 of the Accident Compensation (Apportioning Entitlements for Hearing Loss) Amendment Regulations 2024 (SL 2024/37).

5A Device consultations

(1)

This regulation applies when—

(a)

an audiologist or an audiometrist does an assessment and report under regulation 5; and

(b)

the claimant has covered hearing loss; and

(c)

the claimant has the Corporation’s prior approval to the application of this regulation; and

(d)

the claimant has not yet chosen to receive new or replacement devices; and

(e)

the claimant consults an audiologist or an audiometrist for the purposes of considering a range of devices suitable to his or her needs and budget.

(2)

The maximum cost that the Corporation is liable to pay for 1 device consultation is $107.04.

(3)

The cost to which the claimant is entitled is payable for a maximum of 2 device consultations.

(4)

However, the Corporation is only liable to pay for the second device consultation if that consultation occurs with an audiologist or an audiometrist who was not involved in the first device consultation.

(5)

The cost is payable at intervals of at least 6 years.

Regulation 5A: inserted, on 1 July 2014, by regulation 6 of the Accident Compensation (Apportioning Entitlements for Hearing Loss) Amendment Regulations 2014 (LI 2014/153).

Regulation 5A(1)(a): amended, on 19 December 2024, by regulation 5 of the Accident Compensation (Apportioning Entitlements for Hearing Loss) Amendment Regulations (No 2) 2024 (SL 2024/232).

Regulation 5A(1)(e): amended, on 19 December 2024, by regulation 5 of the Accident Compensation (Apportioning Entitlements for Hearing Loss) Amendment Regulations (No 2) 2024 (SL 2024/232).

Regulation 5A(2): amended, on 1 June 2024, by regulation 5 of the Accident Compensation (Apportioning Entitlements for Hearing Loss) Amendment Regulations 2024 (SL 2024/37).

Regulation 5A(4): amended, on 19 December 2024, by regulation 5 of the Accident Compensation (Apportioning Entitlements for Hearing Loss) Amendment Regulations (No 2) 2024 (SL 2024/232).

6 Devices not chosen

(1)

This regulation applies when—

(a)

an audiologist or an audiometrist does an assessment and report under regulation 5; and

(b)

the claimant has covered hearing loss; and

(c)

the claimant has the Corporation’s prior approval to the application of this regulation; and

(d)

an audiologist or an audiometrist fits devices for 1 ear or both ears for a trial period of at least 2 weeks; and

(e)

an audiologist or an audiometrist provides follow-up services and incurs expenses for handling and management; and

(f)

at the end of the trial period, the claimant chooses not to receive devices.

(2)

The cost that the Corporation is liable to pay is $130.73.

(3)

The cost is payable at intervals of at least 6 years.

Regulation 6(1)(a): amended, on 19 December 2024, by regulation 6 of the Accident Compensation (Apportioning Entitlements for Hearing Loss) Amendment Regulations (No 2) 2024 (SL 2024/232).

Regulation 6(1)(d): amended, on 19 December 2024, by regulation 6 of the Accident Compensation (Apportioning Entitlements for Hearing Loss) Amendment Regulations (No 2) 2024 (SL 2024/232).

Regulation 6(1)(e): amended, on 19 December 2024, by regulation 6 of the Accident Compensation (Apportioning Entitlements for Hearing Loss) Amendment Regulations (No 2) 2024 (SL 2024/232).

Regulation 6(2): amended, on 1 June 2024, by regulation 6 of the Accident Compensation (Apportioning Entitlements for Hearing Loss) Amendment Regulations 2024 (SL 2024/37).

7 Devices

(1)

This regulation applies when—

(a)

an audiologist or an audiometrist does an assessment and report under regulation 5; and

(b)

the claimant has covered hearing loss; and

(c)

the claimant has the Corporation’s prior approval to the application of this regulation; and

(d)

an audiologist or an audiometrist fits devices for 1 ear or both ears for a trial period of at least 2 weeks; and

(e)

an audiologist or an audiometrist provides follow-up services and incurs expenses for handling and management; and

(f)

at the end of the trial period, the claimant chooses to receive devices.

(2)

The maximum cost that the Corporation is liable to pay for devices for each ear with covered hearing loss is prescribed in the Schedule.

(3)

The cost to which the claimant is entitled is payable—

(a)

when the devices are first fitted; and

(b)

at intervals of at least 6 years subsequently.

Regulation 7(1)(a): amended, on 19 December 2024, by regulation 7 of the Accident Compensation (Apportioning Entitlements for Hearing Loss) Amendment Regulations (No 2) 2024 (SL 2024/232).

Regulation 7(1)(d): amended, on 19 December 2024, by regulation 7 of the Accident Compensation (Apportioning Entitlements for Hearing Loss) Amendment Regulations (No 2) 2024 (SL 2024/232).

Regulation 7(1)(e): amended, on 19 December 2024, by regulation 7 of the Accident Compensation (Apportioning Entitlements for Hearing Loss) Amendment Regulations (No 2) 2024 (SL 2024/232).

Regulation 7(2): amended, on 1 July 2014, by regulation 8 of the Accident Compensation (Apportioning Entitlements for Hearing Loss) Amendment Regulations 2014 (LI 2014/153).

8 Fittings

(1)

This regulation applies when—

(a)

an audiologist or an audiometrist does an assessment and report under regulation 5; and

(b)

the claimant has covered hearing loss; and

(c)

the claimant has the Corporation’s prior approval to the application of this regulation; and

(d)

an audiologist or an audiometrist fits devices for 1 ear or both ears for a trial period of at least 2 weeks; and

(e)

an audiologist or an audiometrist provides follow-up services and incurs expenses for handling and management; and

(f)

at the end of the trial period, the claimant chooses to receive devices.

(2)

The cost that the Corporation is liable to pay for a fitting for both ears is $1,198.85.

(3)

The cost that the Corporation is liable to pay for a fitting for 1 ear is $873.45.

(4)

The costs described in subclauses (2) and (3) are payable—

(a)

when the fitting first occurs; and

(b)

at intervals of at least 6 years subsequently.

(5)

Within 1 year of a fitting under subclause (3), the claimant is entitled to 1 fitting for the other ear.

(6)

The cost that the Corporation is liable to pay for the fitting described in subclause (5) is $326.84.

Regulation 8(1)(a): amended, on 19 December 2024, by regulation 8 of the Accident Compensation (Apportioning Entitlements for Hearing Loss) Amendment Regulations (No 2) 2024 (SL 2024/232).

Regulation 8(1)(d): amended, on 19 December 2024, by regulation 8 of the Accident Compensation (Apportioning Entitlements for Hearing Loss) Amendment Regulations (No 2) 2024 (SL 2024/232).

Regulation 8(1)(e): amended, on 19 December 2024, by regulation 8 of the Accident Compensation (Apportioning Entitlements for Hearing Loss) Amendment Regulations (No 2) 2024 (SL 2024/232).

Regulation 8(2): replaced, on 1 July 2014, by regulation 9(1) of the Accident Compensation (Apportioning Entitlements for Hearing Loss) Amendment Regulations 2014 (LI 2014/153).

Regulation 8(2): amended, on 1 June 2024, by regulation 7(1) of the Accident Compensation (Apportioning Entitlements for Hearing Loss) Amendment Regulations 2024 (SL 2024/37).

Regulation 8(3): replaced, on 1 July 2014, by regulation 9(1) of the Accident Compensation (Apportioning Entitlements for Hearing Loss) Amendment Regulations 2014 (LI 2014/153).

Regulation 8(3): amended, on 1 June 2024, by regulation 7(2) of the Accident Compensation (Apportioning Entitlements for Hearing Loss) Amendment Regulations 2024 (SL 2024/37).

Regulation 8(6): amended, on 1 June 2024, by regulation 7(3) of the Accident Compensation (Apportioning Entitlements for Hearing Loss) Amendment Regulations 2024 (SL 2024/37).

9 Service

(1)

This regulation applies when—

(a)

an audiologist or an audiometrist does an assessment and report under regulation 5; and

(b)

the claimant has covered hearing loss; and

(c)

an audiologist or an audiometrist fits devices for 1 ear or both ears for a trial period of at least 2 weeks; and

(d)

at the end of the trial period, the claimant chooses to receive devices; and

(e)

one of the devices requires a service that is carried out at an audiologist’s or an audiometrist’s office.

(2)

The maximum cost that the Corporation is liable to pay for 1 service is $54.47.

(3)

The cost to which the claimant is entitled is payable for a maximum of 2 services per year.

Regulation 9(1)(a): amended, on 19 December 2024, by regulation 9(1) of the Accident Compensation (Apportioning Entitlements for Hearing Loss) Amendment Regulations (No 2) 2024 (SL 2024/232).

Regulation 9(1)(c): amended, on 19 December 2024, by regulation 9(1) of the Accident Compensation (Apportioning Entitlements for Hearing Loss) Amendment Regulations (No 2) 2024 (SL 2024/232).

Regulation 9(1)(e): amended, on 19 December 2024, by regulation 9(2) of the Accident Compensation (Apportioning Entitlements for Hearing Loss) Amendment Regulations (No 2) 2024 (SL 2024/232).

Regulation 9(2): amended, on 1 June 2024, by regulation 8 of the Accident Compensation (Apportioning Entitlements for Hearing Loss) Amendment Regulations 2024 (SL 2024/37).

10 Repairs

(1)

This regulation applies when—

(a)

an audiologist or an audiometrist does an assessment and report under regulation 5; and

(b)

the claimant has covered hearing loss; and

(c)

an audiologist or an audiometrist fits devices for 1 ear or both ears for a trial period of at least 2 weeks; and

(d)

at the end of the trial period, the claimant chooses to receive devices; and

(e)

one of the devices requires a repair that cannot be carried out at an audiologist’s or an audiometrist’s office.

(2)

The maximum cost that the Corporation is liable to pay for 1 or more repairs of the device is $217.89.

(3)

The cost to which the claimant is entitled is payable for every 2 years from the end of the warranty period on the device.

(4)

In this regulation, repair does not include the provision of, or fitting of, a replacement ear mould.

Regulation 10(1)(a): amended, on 19 December 2024, by regulation 10(1) of the Accident Compensation (Apportioning Entitlements for Hearing Loss) Amendment Regulations (No 2) 2024 (SL 2024/232).

Regulation 10(1)(c): amended, on 19 December 2024, by regulation 10(1) of the Accident Compensation (Apportioning Entitlements for Hearing Loss) Amendment Regulations (No 2) 2024 (SL 2024/232).

Regulation 10(1)(e): amended, on 19 December 2024, by regulation 10(2) of the Accident Compensation (Apportioning Entitlements for Hearing Loss) Amendment Regulations (No 2) 2024 (SL 2024/232).

Regulation 10(2): replaced, on 1 July 2014, by regulation 11 of the Accident Compensation (Apportioning Entitlements for Hearing Loss) Amendment Regulations 2014 (LI 2014/153).

Regulation 10(2): amended, on 1 June 2024, by regulation 9 of the Accident Compensation (Apportioning Entitlements for Hearing Loss) Amendment Regulations 2024 (SL 2024/37).

Regulation 10(3): replaced, on 1 July 2014, by regulation 11 of the Accident Compensation (Apportioning Entitlements for Hearing Loss) Amendment Regulations 2014 (LI 2014/153).

Regulation 10(4): inserted, on 1 July 2014, by regulation 11 of the Accident Compensation (Apportioning Entitlements for Hearing Loss) Amendment Regulations 2014 (LI 2014/153).

10A Replacement ear moulds

(1)

This regulation applies when—

(a)

an audiologist or an audiometrist does an assessment and report under regulation 5; and

(b)

the claimant has covered hearing loss; and

(c)

an audiologist or an audiometrist has fitted devices for 1 or both ears that include an ear mould.

(2)

The maximum cost that the Corporation is liable to pay—

(a)

for each replacement ear mould is $38.18; and

(b)

for the fitting of a replacement ear mould for 1 or both ears is $58.63.

(3)

The cost to which the claimant is entitled is payable from the date that is 1 year after the fitting of the device under regulation 8.

Regulation 10A: inserted, on 1 July 2014, by regulation 12 of the Accident Compensation (Apportioning Entitlements for Hearing Loss) Amendment Regulations 2014 (LI 2014/153).

Regulation 10A(1)(a): amended, on 19 December 2024, by regulation 11 of the Accident Compensation (Apportioning Entitlements for Hearing Loss) Amendment Regulations (No 2) 2024 (SL 2024/232).

Regulation 10A(1)(c): amended, on 19 December 2024, by regulation 11 of the Accident Compensation (Apportioning Entitlements for Hearing Loss) Amendment Regulations (No 2) 2024 (SL 2024/232).

Regulation 10A(2)(a): amended, on 1 June 2024, by regulation 10(1) of the Accident Compensation (Apportioning Entitlements for Hearing Loss) Amendment Regulations 2024 (SL 2024/37).

Regulation 10A(2)(b): amended, on 1 June 2024, by regulation 10(2) of the Accident Compensation (Apportioning Entitlements for Hearing Loss) Amendment Regulations 2024 (SL 2024/37).

11 GST excluded

All costs referred to in these regulations are exclusive of goods and services tax.

12 Consequential amendments

[Revoked]

Regulation 12: revoked, on 1 May 2021, by regulation 11 of the Accident Compensation (Apportioning Entitlements for Hearing Loss) Amendment Regulations 2021 (LI 2021/42).

Schedule Maximum cost that Corporation is liable to pay for devices for each ear with covered hearing loss

r 7(2)

Schedule: replaced, on 1 June 2024, by regulation 11 of the Accident Compensation (Apportioning Entitlements for Hearing Loss) Amendment Regulations 2024 (SL 2024/37).

Covered hearing loss as percentage of total hearing loss		Cost ($)
0.1–29.9		480.40
30.0–59.9		960.79
60.0–100		1,601.67

Rebecca Kitteridge,
Clerk of the Executive Council.

Issued under the authority of the Legislation Act 2019.

Date of notification in Gazette: 25 November 2010.

Notes

1 General

This is a consolidation of the Accident Compensation (Apportioning Entitlements for Hearing Loss) Regulations 2010 that incorporates the amendments made to the legislation so that it shows the law as at its stated date.

2 Legal status

A consolidation is taken to correctly state, as at its stated date, the law enacted or made by the legislation consolidated and by the amendments. This presumption applies unless the contrary is shown.

Section 78 of the Legislation Act 2019 provides that this consolidation, published as an electronic version, is an official version. A printed version of legislation that is produced directly from this official electronic version is also an official version.

3 Editorial and format changes

The Parliamentary Counsel Office makes editorial and format changes to consolidations using the powers under subpart 2 of Part 3 of the Legislation Act 2019. See also PCO editorial conventions for consolidations.

4 Amendments incorporated in this consolidation

Accident Compensation (Apportioning Entitlements for Hearing Loss) Amendment Regulations (No 2) 2024 (SL 2024/232)

Accident Compensation (Apportioning Entitlements for Hearing Loss) Amendment Regulations 2024 (SL 2024/37)

Accident Compensation (Apportioning Entitlements for Hearing Loss) Amendment Regulations 2021 (LI 2021/42)

Accident Compensation (Apportioning Entitlements for Hearing Loss) Amendment Regulations 2014 (LI 2014/153)

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Accident Compensation (Apportioning Entitlements for Hearing Loss) Regulations 2010