Dental Benefits Amendment Rules 2023

Administered by Department of Health, Disability and Ageing

Legislation au F2023L01676 Rules Not in force Legislative Instrument

Legislation content

EXPLANATORY STATEMENT

 

Dental Benefits Act 2008

 

Dental Benefits Amendment Rules 2023

 

 

Purpose and operation

 

The Dental Benefits Amendment Rules 2023 (the Amendment Rules) amend the Dental Benefits Rules 2014 (the Rules) to reflect indexation of the amount of dental benefit payable for dental service items in Schedule 1 to the Rules and indexation of the benefit limits cap amount in Schedule 3 to the Rules, effective from 1 January 2024.

 

The Rules provide for the Child Dental Benefits Schedule (CDBS), which sets out items specifying dental services, the amount of dental benefit payable, and the method for determining that amount, in respect of a dental service. The Rules also set out a specified monetary limit on the amount of dental benefit payable in respect of specified dental services provided to specified eligible dental patients during specified periods.

 

Schedule 1 to the Rules lists the dental items covered under the CDBS and the amount of benefit payable for each item. On 1 January 2024, indexation is to be applied by the Amendment Rules to each item listed in Schedule 1.

 

Schedule 3 to the Rules lists the benefit limits cap amount for each two-year calendar period. On 1 January 2024, indexation is to be applied by the Amendment Rules to the benefit cap amount, increasing the benefit cap amount from $1,052 to $1,095 for 2024-2025 relevant two-year period.

 

The indexed cap rate will apply from 1 January 2024 until 31 December 2024 inclusive. However, the cap amount for the two-year calendar period commences in the year in which the child first accesses services. For example, if a child first accessed benefits in 2023 the 2023-2024 cap of $1,052 applies. If a child first accesses benefits in 2024 the 2024-2025 cap of $1,095 applies.

 

Authority

 

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 to be provided, or necessary or convenient to be provided to carry out or give effect to the Act.

 

Reliance on subsection 33(3) of the Acts Interpretation Act 1901

 

Subsection 33(3) of the Acts Interpretation Act 1901 provides that 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.


Commencement

 

This instrument commences on 1 January 2024.

 

Consultation

 

Consultation was undertaken with Services Australia, which administers the dental benefits program, to ensure its claiming and notification systems have been updated to reflect the indexed benefit limit cap amount and indexed schedule fee rates that come into effect on 1 January 2024.

 

General

 

This instrument is a legislative instrument for the purposes of the Legislation Act 2003.

 

Details of this instrument are set out in Attachment A.

 

This instrument is compatible with the human rights and freedoms recognised or declared under section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011. A full statement of compatibility is set out in Attachment B.

ATTACHMENT A

 

Details of the Dental Benefits Amendment Rules 2023

 

 

Section 1 – Name

 

Section 1 provides that the name of the instrument is the Dental Benefits Amendment Rules 2023 (the Amendment Rules).

 

Section 2 – Commencement

 

Section 2 provides that the Amendment Rules commence on 1 January 2024.

 

Section 3 – Authority

 

This section provides that the Amendment Rules are made under subsection 60(1) of the Dental Benefits Act 2008.

 

Section 4 – Schedules

 

This section provides that each instrument that is specified in a Schedule to the Amendment Rules is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to the Amendment Rules has effect according to its terms.

 

 

Schedule 1 – Amendments

 

Item 1 - Schedule 1 Dental Benefits Schedule

 

Item 1 repeals Schedule 1 to the Rules and substitutes it with a new Schedule 1, which amends the amount of benefit payable for each dental service item under the CDBS to reflect the application of indexation, which is calculated according to a formula supplied by the Department of Finance.

 

Item 2 - Schedule 2 Benefit limits

 

Item 2 repeals Schedule 3 to the Rules and substitutes it with a new Schedule 3, which amends the benefit limits cap amount to reflect the application of indexation, which is calculated according to a formula supplied by the Department of Finance. Children who commence their two-year cap period in 2024 will now have access to up to a $1,095 cap in benefits over the two-year calendar period.


ATTACHMENT B

 

Statement of Compatibility with Human Rights

 

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

 

Dental Benefits Amendment Rules) 2023

 

This Disallowable Legislative Instrument is 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 Disallowable Legislative Instrument

The Dental Benefits Rules 2014 (the Rules) provide for the Child Dental Benefits Schedule (CDBS), which sets out items specifying dental services, the amount of dental benefit payable, and the method for determining the amount, in respect of a dental service.  The Rules also set out a specified monetary limit on the amount of dental benefit payable in respect of specified dental services provided to specified eligible dental patients during specified periods. The CDBS commenced on 1 January 2014 and provides benefits for basic dental services for eligible children.

 

The Dental Benefits Amendment Rules 2023 (the Amendment Rules) amend the Rules to reflect indexation of the amount of dental benefit payable for dental service items in Schedule 1 to the Rules, and the benefit limits cap amount in Schedule 3 to the Rules, effective from 1 January 2024.

 

Schedule 1 to the Rules lists the dental items covered under the CDBS and the amount of benefit payable for each item. On 1 January 2024 the updated indexation rate, as specified by the Department of Finance in the September 2023 economic update, is to be applied to the items in Schedule 1.

 

Schedule 3 of the Rules lists the benefit limits cap amount for each two-year calendar period. On 1 January 2024 the updated indexation rate, as specified by the Department of Finance in the September 2023 economic update, is to be applied to the items in Schedule 3. Children who commence their two-year cap period in 2024 will now have access to up to a $1,095 cap in benefits over the two-year calendar period.

 

Human rights implications

The Amendment Rules engage the following rights:

  • the right to social security under Article 9 of the International Covenant on Economic, Social and Cultural Rights (ICESCR); and 
  • the right to the enjoyment of the highest attainable standard of physical and mental health under Article 12 of the ICESCR. 

 

The Right to Health 

The right to the enjoyment of the highest attainable standard of physical and mental health is contained in Article 12(1) of the ICESCR. The UN Committee on Economic Social and Cultural Rights (the Committee) has stated that the right to health is not a right for each individual to be healthy but is a right to a system of health protection which provides equality of opportunity for people to enjoy the highest attainable level of health. 

 

The Right to Social Security

The right to social security is contained in Article 9 of the ICESCR. It requires that a country must, within its maximum available resources, ensure access to a social security scheme that provides a minimum essential level of benefits to all individuals and families that will enable them to acquire at least essential health care. Countries are obliged to demonstrate that every effort has been made to use all resources that are at their disposal in an effort to satisfy, as a matter of priority, this minimum obligation. 

 

Analysis

The Amendment Rules apply indexation to the amount of benefit payable for each item in Schedule 1 and the cap amount in Schedule 3, which helps maintain the value of benefits in line with inflation and in effect promote bulk billing. Consequently, the Amendment Rules engage the right to health, as contained in Article 12(1) of the ICESCR, and the right to social security, as contained in Article 9 of the ICESCR, by facilitating access to basic dental services for eligible children.

 

Conclusion

This Disallowable Legislative Instrument is compatible with human rights because it promotes the protection of human rights.

 

 

Simon Cotterell

First Assistant Secretary

Primary Care Division

Department of Health and Aged Care

 

Overview

The Dental Benefits Amendment Rules 2023, made under the Dental Benefits Act 2008, address the need to adjust the amount of dental benefits payable for services and the benefit limits cap amount in line with inflation. Enacted by the Minister for Health and Aged Care, these Amendment Rules aim to ensure the Child Dental Benefits Schedule (CDBS) remains effective and relevant in providing dental services to eligible children. The rules reflect the indexation of benefit amounts and caps, enhancing the purchasing power of the benefits and ensuring the scheme's sustainability. Effective from 1 January 2024, the indexation maintains the value of dental benefits and cap limits, facilitating continued access to essential dental services for eligible children. These Amendment Rules were introduced to maintain the integrity and effectiveness of the CDBS by adjusting the benefit amounts and cap limits in response to inflation. This adjustment ensures that the benefits provided under the CDBS retain their value and continue to meet the needs of eligible children. By applying the indexation, the Amendment Rules support the policy objective of providing accessible and affordable dental care, thereby promoting better oral health outcomes for children. The rules were developed in consultation with Services Australia, ensuring that administrative systems are updated to reflect these changes.

Scope and Application

The Dental Benefits Amendment Rules 2023, made under the Dental Benefits Act 2008, pertain to the Child Dental Benefits Schedule (CDBS) and govern the amount of dental benefit payable for specified dental services, as well as the monetary limits on those benefits. The Amendment Rules apply to all dental services covered under the CDBS and to children who are eligible for benefits, ensuring that the benefit amounts and caps are updated to reflect inflation through indexation. The Amendment Rules are effective from 1 January 2024, and the indexation rates are determined by the Department of Finance. The scope of the Amendment Rules is national, as the Act applies across Australia, providing consistent benefits and cap limits regardless of the state or territory in which the dental services are rendered. The Amendment Rules do not explicitly exclude any particular group or service from their application, although eligibility for the CDBS remains contingent on specific criteria set out in other provisions of the Act and associated rules. Any further extension or restriction of the application of these Amendment Rules may be addressed through subsequent subordinate instruments.

Key Provisions

The Dental Benefits Amendment Rules 2023, which commence on 1 January 2024, amend the Dental Benefits Rules 2014. The primary changes introduced by these rules are the indexation of the amount of dental benefit payable for each item under the Child Dental Benefits Schedule (CDBS) in Schedule 1, and the indexation of the benefit limits cap amount in Schedule 3. This indexation is intended to align the benefits with inflation, ensuring the purchasing power of the benefits remains consistent. The Amendment Rules impose obligations on the parties involved, including dental service providers and the administrators of the dental benefits program. Dental providers must update their billing systems to reflect the new indexed amounts for each dental service item listed in Schedule 1. Additionally, the administrators of the program, such as Services Australia, are required to ensure their systems are updated to recognise these new indexed amounts and to communicate these changes effectively to all stakeholders. Failure to comply with the requirements set out in the Amendment Rules may result in civil or criminal consequences. While the specific offences and penalties are not detailed within the Amendment Rules themselves, it is likely that non-compliance could lead to fines, penalties, or other enforcement actions under the Dental Benefits Act 2008. The Act generally provides for penalties for non-compliance with the rules and regulations governing the dental benefits program, which could include financial penalties or other sanctions deemed appropriate by the relevant authorities. In summary, the Dental Benefits Amendment Rules 2023 are designed to index the benefits payable under the CDBS and the benefit limits cap amount to account for inflation, effective from 1 January 2024. These rules impose obligations on dental service providers and program administrators to update their systems and practices accordingly. Non-compliance with these rules may result in penalties under the Dental Benefits Act 2008, although the exact nature of these penalties is not specified within the Amendment Rules themselves.

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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.