8. Hon DAVID PARKER (Labour) Link to this
to the Minister for ACC
Does he think it is fair that his Injury Prevention, Rehabilitation, and Compensation Bill will determine the threshold for entitlements to hearing aids rather than clinical need?
Hon Dr NICK SMITH (Minister for ACC) Link to this
Yes, because the law in respect of accident compensation is about defining the extent of the scheme. A scheme with no limits is unaffordable. Other schemes, like WorkCover in Australia, also have a 6 percent threshold for hearing aid entitlement.
Is he aware that a man in his 50s with up to 6 percent noise-related hearing loss cannot hear birds sing, misses most of what his grandchildren say to him, and needs a hearing aid?
Hon Dr NICK SMITH Link to this
No, I do not accept that. The advice that I have received is that the 6 percent limit is a reasonable limit to the point where a hearing aid actually becomes useful. It is a standard that is used in a number of parts of the world. However, the bill is before a select committee, and I will wait for the select committee to report back to the House before making final decisions on the bill.
How can he deny criticisms that it is cynical to take away people’s right to sue for work-related hearing loss of up to 6 percent, but then say they will be included in accident compensation cover, so they have no right to sue, when they cannot get a hearing aid or any other treatment?
Hon Dr NICK SMITH Link to this
I am advised that it is highly unlikely that for industrial hearing loss any case could be pursued in the courts under normal tort. The reasons are, firstly, that it is normally after a very long period, and, secondly, in terms of the proof of fault, that is very unlikely.
Why does he continue to say workers in Australia with up to 6 percent work-related hearing loss cannot get a hearing aid, when they can, because the decision is a clinical one in the likes of Victoria and South Australia?
Hon Dr NICK SMITH Link to this
There is some variation from state to state in Australia. In New South Wales it is a 6 percent rate. But the decision will still be left to clinicians, in the same way as many other parts of the accident compensation law set out the threshold at which a person gains an entitlement.
I seek leave to table a document showing that in Victoria there is no threshold and one can get a hearing aid for work-related hearing loss at 6 percent, and similarly for South Australia.
Mr SPEAKER