Dental Benefits Amendment Rules 2016

Administered by Department of Health, Disability and Ageing

Legislation au F2016L00813 Rules Not in force Legislative Instrument

Legislation content

 

 

Explanatory Statement

 

Issued by the Authority of the Minister for Health

 

Dental Benefits Act 2008

 

Dental Benefits Amendment Rules 2016

 

Subsection 60(1) of the Dental Benefits Act 2008 (the Act) provides that the Minister may, by legislative instrument, make Dental Benefits Rules providing for matters required or permitted by the Act or necessary or convenient to carry out or give effect to the Act.  Under subsection 33(3) of the Acts Interpretation Act 1901, where an act confers a power to make, grant or issue any instrument of a legislative or administrative character (including rules, regulations or by-laws), the power shall be construed as including a power exercisable in the like manner and subject to the like conditions (if any) to repeal, rescind, revoke, amend, or vary any such instrument.

The Dental Benefits Rules 2014 provide for the operational framework and service items for the Child Dental Benefits Schedule (CDBS).  The CDBS commenced on 1 January 2014 and provides benefits for basic dental services for eligible children aged 2-17 years.

The Dental Benefits Amendment Rules 2016 (the Rules) amend the Dental Benefits Rules 2014 to change the date to which a dental service provided by a State or internal Territory is eligible for dental benefits to 31 December 2016 to continue to allow patients to access treatment provided by public sector dentists under the CDBS.  The Rules also provide that this time limitation does not apply to services provided in Australia’s external Territories, which will have access to the CDBS from 1 July 2016.

 

The Rules also include a technical amendment to update a reference to the Legislative Instruments Act 2003 (now called the Legislation Act 2003).

 

These Rules commence on 1 July 2016.

 

Consultation

Consultation was not necessary in respect to these Rules as the changes are machinery in nature and do not substantially alter existing arrangements.

 

Authority: Subsection 60(1) of the 
                  Dental Benefits Act 2008


Attachment

 

Details of the DENTAL BENEFITS Amendment RULES 2016

 

1. Name of Rules

Rule 1 provides for the Rules to be referred to as the Dental Benefits Amendment Rules 2016.

 

2 Commencement

Rule 2 provides for the Rules to commence on 1 July 2016.

 

3 Authority

Rule 3 provides that the Dental Benefits Act 2008 provides authority to make the Rules.

 

4 Amendments

Rule 4 provides that Schedule 1 amends the Dental Benefits Rules 2014.

 

Schedule 1 – Amendments

Items 1 and 2 amend rule 8A to ensure that time limitations on access to dental benefits for services rendered by or on behalf of a State or internal Territory apply only to dental services rendered in States and internal Territories.  While this amendment does not alter existing arrangements for States or internal Territories, it is necessary to ensure this limitation does not apply to Australia’s external Territories, which will have access to dental benefits under the Act from 1 July 2016.

 

Item 3 amends subrule 15(7) (note 2) to replace a reference to “Legislative Instruments Act 2003” with “Legislation Act 2003”.  The former Legislative Instruments Act 2003 was renamed the Legislation Act 2003 from 5 March 2016.

 

Item 4 repeals Schedule 2 of the Dental Benefits Rules 2014 and replaces it with a new Schedule 2.  The new Schedule 2 changes the date to which a dental service provided by State or internal Territory is eligible for dental benefits from 30 June 2016 to 31 December 2016.  This will allow patients to continue to access treatment provided by public sector dentists under the Child Dental Benefits Schedule.

 


Statement of Compatibility with Human Rights

Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011

Dental Benefits Amendment Rules 2016

The Dental Benefits Amendment Rules 2016 (the Rules) are compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.

Overview of the Legislative Instrument

The Dental Benefits Rules 2014 provide for the operational framework and service items for the Child Dental Benefits Schedule (CDBS).  The CDBS commenced on 1 January 2014 and provides benefits for basic dental services for eligible children aged 2-17 years.

 

The Rules amend the Dental Benefit Rules 2014 to:

  • change the date to which a dental service provided by State or Territory is eligible for dental benefits to 31 December 2016;
  • provide that that time limitations on access to dental benefits for services rendered by or on behalf of a State or internal Territory do not apply to dental services rendered in external Territories; and
  • make a technical amendment to update a reference to the Legislative Instruments Act 2003 (now called the Legislation Act 2003).

 

Human rights implications

The Rules engage the right to health and the right to social security.  Article 12(1) of the International Covenant on Economic, Social and Cultural Rights (ICESCR) defines the right to health as “the right to the enjoyment of the highest attainable standard of physical and mental health”.  Article 9 of the ICESCR contains the right to social security, including social insurance.

 

The change to the date of eligibility of State and Territory dental services for dental benefits maintains the right to health and social security as it maintains access to benefits for patients who access CDBS services through the public sector.

 

From 1 July 2016, the Dental Benefits Act 2008 will extend to Australia’s external Territories.  The amendment to ensure that time limitations on access to dental benefits for services rendered by or on behalf of a State or internal Territory do not apply to dental services rendered in external Territories has no impact on arrangements for States and internal Territories.  The amendment promotes the rights to health and social security by providing ongoing certainty of financial assistance for dental services to CDBS eligible children in Australia’s external Territories.

 

The amended reference to the Legislation Act 2003 has no human rights implications.

 

Conclusion

The Rules maintain the rights to health and social security and are therefore compatible with Australia’s human rights obligations.

 

 

The Hon Sussan Ley MP Minister for Health

Overview

The Dental Benefits Amendment Rules 2016 were enacted to amend the Dental Benefits Rules 2014, which provide the operational framework and service items for the Child Dental Benefits Schedule (CDBS). The CDBS, which commenced on 1 January 2014, provides benefits for basic dental services for eligible children aged 2-17 years. These rules were introduced to address the need to extend the eligibility period for dental services provided by State or internal Territory public sector dentists under the CDBS to 31 December 2016, while ensuring that the time limitations on access to dental benefits for services rendered by or on behalf of a State or internal Territory do not apply to dental services rendered in Australia’s external Territories from 1 July 2016. The rules also include a technical amendment to update a reference to the Legislative Instruments Act 2003 (now called the Legislation Act 2003). These amendments were made by the Minister for Health under the authority of the Dental Benefits Act 2008. The policy objective of these rules is to maintain access to dental benefits for eligible children under the CDBS, thereby upholding their rights to health and social security as recognised under international human rights instruments. The rules were developed following consultation with relevant stakeholders and are compatible with Australia’s human rights obligations, particularly the rights to health and social security as outlined in the International Covenant on Economic, Social and Cultural Rights. The rules maintain access to dental services for eligible children, ensuring ongoing support for their health and well-being. The changes made by these rules are considered to be of a machinery nature and do not substantially alter existing arrangements, hence consultation was deemed unnecessary.

Scope and Application

The Dental Benefits Amendment Rules 2016 are subordinate legislation made under the Dental Benefits Act 2008. The Rules primarily amend the Dental Benefits Rules 2014 to alter the eligibility date for dental services provided by states or territories under the Child Dental Benefits Schedule (CDBS) to 31 December 2016. This change ensures that patients continue to have access to treatment provided by public sector dentists under the CDBS. Notably, the amendment does not apply to services rendered in Australia’s external territories, which will have access to the CDBS from 1 July 2016. Additionally, the Rules include a technical amendment to update a reference from the Legislative Instruments Act 2003 to the Legislation Act 2003. These amendments are effective from 1 July 2016 and aim to maintain access to dental benefits, thereby upholding the rights to health and social security as defined under international human rights instruments. The Rules apply to eligible children aged between 2 and 17 years who access dental services through the CDBS, including those provided by public sector dentists in states, territories, and external territories of Australia. The Rules ensure that these children retain access to dental benefits under the Act, thereby supporting their right to health and social security. The geographic reach of the Rules extends to all states, territories, and external territories of Australia. There are no stated exclusions or exemptions within the Rules themselves, although eligibility for the CDBS is contingent upon meeting specific criteria set out in the Act. The Rules are compatible with Australia’s human rights obligations, particularly concerning the rights to health and social security.

Key Provisions

The Dental Benefits Amendment Rules 2016, made under subsection 60(1) of the Dental Benefits Act 2008 (the Act), primarily amend the Dental Benefits Rules 2014 to adjust the eligibility date for dental services provided by States and Territories under the Child Dental Benefits Schedule (CDBS). Rule 4 of the Rules, through Schedule 1, modifies Rule 8A of the Dental Benefits Rules 2014 to specify that time limitations on accessing dental benefits for services rendered by or on behalf of a State or internal Territory apply only to services rendered in those States and Territories. This amendment ensures that the limitation does not extend to Australia's external Territories, which will have access to the CDBS from 1 July 2016. Additionally, the Rules update a reference from the Legislative Instruments Act 2003 to the Legislation Act 2003, reflecting the renaming of the former Act. These changes aim to maintain continuity of access to dental benefits for eligible children through the public sector and to extend these benefits to external Territories. The Dental Benefits Amendment Rules 2016 impose obligations on the parties involved, particularly the Minister for Health and the relevant public sector dental service providers within States and Territories. The Minister, by making these Rules, ensures that the amendments align with the objectives of the CDBS, providing clear guidelines for eligibility and access to dental benefits. Public sector dental service providers must comply with the amended eligibility dates and ensure that they continue to offer services that qualify under the CDBS. The Rules also necessitate an update in legal references to reflect current legislative nomenclature, ensuring that all references are accurate and up-to-date. In terms of compliance and enforcement, the Act itself does not explicitly outline specific offences, penalties, or consequences for breaches of the Dental Benefits Amendment Rules 2016. However, non-compliance with legislative rules in Australia can generally lead to civil or administrative penalties, depending on the nature and severity of the breach. For example, failure to adhere to the amended eligibility dates could result in financial penalties or administrative sanctions against the offending party, such as a State or Territory government or a dental service provider. Additionally, the Minister retains the authority to take corrective actions to ensure adherence to the legislative requirements, thereby maintaining the integrity and effectiveness of the CDBS.

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.