Dental Benefits Amendment Rules (No. 1) 2019

Administered by Department of Health, Disability and Ageing

Legislation au F2019L00517 Rules Not in force Legislative Instrument

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Explanatory Statement

 

Issued by the Authority of the Minister for Health

 

Dental Benefits Act 2008

 

Dental Benefits Amendment Rules (No. 1) 2019

 

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 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.

 

Subsection 66(1A) of the Act provides for the Minister Health to delegate the power to make Dental Benefits Rules under s 60(1).

 

Purpose

The Dental Benefits Amendment Rules (No.1) 2019 (the Amendment Rules) amend the Dental Benefits Rules 2014 (the Rules) to extend the date to which a dental service provided by a State or internal Territory is eligible for dental benefits to 31 December 2022 under the Child Dental Benefits Schedule (CDBS). The CDBS provides benefits for basic dental services for eligible children aged 2-17 years. Effectively, the Amendment Rules will allow patients to continue to access treatment provided by public sector dentists under the CDBS until 31 December 2022. 

 

The Amendment Rules also include a consequential amendment to update a reference to the now repealed Health Insurance Regulations 1975 to the Health Insurance Regulations 2018, which commenced on 1 October 2018.

 

These Rules commence the day after the instrument is registered.

 

Consultation

Consultation prior to making the Amendment Rules was not necessary as the changes do not substantially alter existing arrangements.

 

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


Attachment

 

Details of the DENTAL BENEFITS Amendment RULES (No.1) 2019

 

1. Name

Section 1 provides that the name of the instrument is the Dental Benefits Amendment Rules (No.1)2019.

 

2 Commencement

Section 2 provides that the instrument commences on the day after registration.

 

3 Authority

Section 3 provides that the Amendment Rules are made under subsection 60(1) of the Dental Benefits Act 2008.

 

4 Schedules

Section 4 provides that each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.

 

Schedule 1—Amendments

Item 1 amends the definition of ‘provider number’ in rule 4 of the Rules to replace a reference to ‘Health Insurance Regulations 1975’ with ‘Health Insurance Regulations 2018’.

 

Item 2 repeals Schedule 2 of the Rules and substitutes 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 to 31 December 2022.

 


Statement of Compatibility with Human Rights

Prepared in accordance with Part 3 of the

Human Rights (Parliamentary Scrutiny) Act 2011

 

Dental Benefits Amendment Rules (No.1) 2019

 

The Dental Benefits Amendment Rules (No.1) 2019 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 (the Rules) 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 (No.1) 2019 (the Amendment Rules) amend the Rules to:

  • make a consequential amendment to update a reference to the now repealed Health Insurance Regulations 1975 to the Health Insurance Regulations 2018; and
  • extend the date to which a dental service provided by State or Territory is eligible for dental benefits to 31 December 2022.

 

Effectively, the Amendment Rules will allow patients to continue to access treatment provided by public sector dentists under the CDBS until 31 December 2022. 

Human rights implications

The Amendment 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 extension 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.

 

The consequential amendment has no human rights implications.

 

Conclusion

The Dental Benefits Amendment Rules (No.1) 2019 maintain the rights to health and social security and are therefore compatible with Australia’s human rights obligations.

ALISON MOREHEAD

First Assistant Secretary

Health Systems Policy and Primary Care Group

Department of Health

Overview

The Dental Benefits Amendment Rules (No. 1) 2019 were enacted under the authority of the Dental Benefits Act 2008 to address the need for updating and extending the eligibility of certain dental services provided by state and territory governments for benefits under the Child Dental Benefits Schedule (CDBS). The purpose of these rules is to ensure that eligible children aged 2-17 years can continue to access basic dental services through public sector dentists until 31 December 2022. This legislative amendment was necessary to extend the period beyond the original scope and to update references to the repealed Health Insurance Regulations 1975 to the current Health Insurance Regulations 2018. The Amendment Rules were deemed to not require consultation as they did not substantially alter existing arrangements and were found to be compatible with Australia’s human rights obligations under international instruments.

Scope and Application

The Dental Benefits Amendment Rules (No. 1) 2019, made under the Dental Benefits Act 2008, apply to all entities and individuals participating in the Child Dental Benefits Schedule (CDBS) by allowing them to access dental benefits from public sector dentists until 31 December 2022. This includes eligible children aged 2-17 years who receive basic dental services. The Amendment Rules also update references from the repealed Health Insurance Regulations 1975 to the current Health Insurance Regulations 2018. These rules have a national reach, applying across all states and territories in Australia. There are no specified exclusions or exemptions within the rules themselves, though the eligibility criteria for the CDBS as outlined in the Dental Benefits Act 2008 apply. The Minister for Health has the authority to make these rules, and the power to amend or repeal them is also provided for under the Acts Interpretation Act 1901. The Amendment Rules themselves commence on the day after they are registered, and they ensure that the operational framework for the CDBS is effectively updated and aligned with current regulatory standards.

Key Provisions

The Dental Benefits Amendment Rules (No.1) 2019 (Amendment Rules) amend the Dental Benefits Rules 2014 (Rules) to extend the eligibility of dental services provided by State or Territory public sector dentists under the Child Dental Benefits Schedule (CDBS) to 31 December 2022. This change allows eligible children, aged 2-17 years, to continue accessing dental benefits through public sector dentists until this extended date. Additionally, the Amendment Rules include a consequential amendment to update a reference from the repealed Health Insurance Regulations 1975 to the current Health Insurance Regulations 2018. These amendments are designed to ensure the continued smooth operation of the CDBS, which provides benefits for basic dental services for eligible children. The Amendment Rules impose specific obligations on public sector dentists and relevant authorities. Public sector dentists must ensure that the services they provide to eligible children are within the scope of the CDBS and comply with the updated eligibility period. Authorities responsible for administering the CDBS must implement the changes specified in the Amendment Rules, including the updated eligibility date and the revised reference to the Health Insurance Regulations 2018. These obligations are critical for maintaining the integrity and effectiveness of the CDBS. Breaching the provisions of the Amendment Rules could result in civil or criminal consequences. However, the explanatory statement does not specify any particular offences, penalties, or consequences for non-compliance with these amendments. Generally, under the Dental Benefits Act 2008, failure to comply with the rules and regulations governing the CDBS may lead to penalties that could include fines or other administrative actions as determined by the relevant authorities. It is essential for all parties involved to adhere to these rules to ensure the continued provision of dental benefits to eligible children. In summary, the Amendment Rules serve to extend the eligibility period for dental services under the CDBS and update regulatory references, thereby supporting the continued access to essential dental care for eligible children. These amendments impose specific obligations on public sector dentists and authorities to ensure compliance with the updated rules. While the explanatory statement does not detail specific penalties for non-compliance, adherence to these rules is crucial to maintain the effectiveness and integrity 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.