Dental Benefits Amendment Rules (No. 1) 2022

Administered by Department of Health, Disability and Ageing

Legislation au F2022L01625 Rules Not in force Legislative Instrument

Legislation content

EXPLANATORY STATEMENT

 

 

Dental Benefits Act 2008

 

Dental Benefits Amendment Rules (No. 1) 2022

 

 

Purpose

 

The Dental Benefits Amendment Rules (No. 1) 2022 (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 and of the benefit limits cap amount in Schedule 3 to the Rules, effective from 1 January 2023.

 

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.

 

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 2023, indexation is to be applied, by the Amendment Rules, to each item listed in Schedule 1.

 

Schedule 3 of the Rules lists the benefit limits cap amount for each two-year calendar period. On 1 January 2023, indexation is to be applied, by the Amendment Rules, to the benefit cap amount increasing the benefit cap amount from $1,026 to $1,052 for 2023-2024 relevant two-year period.

 

The indexed cap rate will apply from 1 January 2023 until 31 December 2023. 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 2022 the 2022-2023 cap of $1,026 applies. If a child first accesses benefits in 2023 the 2023-2024 cap of $1,052 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.

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.

 

 

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 2023.

 

Commencement

 

The Amendment Rules are a disallowable legislative instrument for the purposes of the Legislation Act 2003. The Amendment Rules commence on 1 January 2023.

 

Details of the Amendment Rules are set out in Attachment A.

 

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


 

ATTACHMENT A

 

Details of the Dental Benefits Amendment Rules (No 1) 2022

 

Section 1 – Name

 

This section provides that the name of the instrument is the Dental Benefits Amendment Rules (No. 1) 2022 (the Amendment Rules).

 

Section 2 – Commencement

 

This section provides that the Amendment Rules commence on 1 January 2023.

 

Section 3 – Authority

 

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

 

Section 4 – Schedule

 

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 instrument has effect according to its terms.

 

Schedule 1 – Amendments

 

Dental Benefits Rules 2014

 

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 to reflect the application of indexation, which is calculated according to a formula supplied by the Department of Finance.

 

Item 2 – Schedule 3 – 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 2023 will now have access to up to a $1,052 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 (No. 1) 2022

 

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 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 (No. 1) 2022 (the Amendment Rules) amend the Rules to reflect indexation of the amount of dental benefit payable for dental service items in Schedule 1, and the benefit limits cap amount in Schedule 3 of the Rules, effective from 1 January 2023.

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 2023 the updated indexation rate, as specified by the Department of Finance in the August 2022 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 2023 the updated indexation rate, as specified by the Department of Finance in the August 2022 economic update, is to be applied to the items in Schedule 3.

 

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.

Overview

The Dental Benefits Amendment Rules (No. 1) 2022 were enacted to amend the Dental Benefits Rules 2014, updating the dental benefit payable amounts for various dental services and the benefit limits cap amount under the Child Dental Benefits Schedule (CDBS) to reflect indexation, effective from 1 January 2023. These amendments address the need to adjust benefit amounts in line with inflation to maintain the value of the benefits and ensure continued access to essential dental services for eligible children. The rules were made under subsection 60(1) of the Dental Benefits Act 2008, empowering the Minister to establish rules necessary or convenient to implement the Act. The policy objective behind these amendments is to uphold the rights to health and social security by facilitating access to basic dental services, thereby promoting equality of opportunity for people to enjoy the highest attainable level of health and ensuring access to a minimum essential level of benefits. The Amendment Rules have been crafted to be compatible with the rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.

Scope and Application

The Dental Benefits Amendment Rules (No. 1) 2022 amends the Dental Benefits Rules 2014, which govern the Child Dental Benefits Schedule (CDBS). The CDBS specifies dental service items, the amount of dental benefit payable for each service, and a monetary limit on the benefit payable for eligible dental patients during certain periods. The Amendment Rules apply indexation to the amount of benefit payable for each dental service item in Schedule 1 and the benefit limits cap amount in Schedule 3, effective from 1 January 2023. This adjustment aligns the benefits with inflation and facilitates the provision of basic dental services to eligible children. The Amendment Rules apply to persons eligible for dental benefits under the CDBS, primarily children, and the entities that provide dental services to them. The rules have a Commonwealth jurisdictional reach as they are made under the authority of the Dental Benefits Act 2008. There are no stated exclusions or exemptions in the Amendment Rules. The scope of the Amendment Rules may be extended or restricted through subordinate instruments, as permitted by the Dental Benefits Act 2008.

Key Provisions

The Dental Benefits Amendment Rules (No. 1) 2022 (Amendment Rules) primarily serve to update the Dental Benefits Rules 2014 (Rules) in line with inflation, as required by section 60(1) of the Dental Benefits Act 2008 (Act). These Amendment Rules introduce new Schedule 1 and Schedule 3, which detail the updated indexation rates for dental service items and the benefit limits cap amount, respectively. These changes take effect from 1 January 2023. Schedule 1 lists the dental items covered under the Child Dental Benefits Schedule (CDBS) and the revised amount of benefit payable for each item. Schedule 3 revises the benefit limits cap amount for each two-year calendar period. The Amendment Rules impose specific obligations on the entities and parties involved in the administration and provision of dental benefits under the CDBS. The primary obligation is to ensure that the updated indexation rates are applied to the dental service items and the benefit limits cap amount, as specified in the new Schedules 1 and 3. This requirement applies to Services Australia, which administers the dental benefits program. Additionally, the Amendment Rules mandate that the updated indexation rates must be incorporated into the relevant claiming and notification systems to ensure accurate and timely processing of benefit claims. Failure to comply with the Amendment Rules may result in civil or criminal consequences, depending on the nature and severity of the breach. The specific penalties for non-compliance are not explicitly stated in the Amendment Rules. However, under the general provisions of the Legislation Act 2003, breaches of legislative instruments can result in administrative penalties, fines, or other sanctions as prescribed by the relevant legislation. It is essential for parties involved in the administration and provision of dental benefits to adhere to the updated indexation rates and benefit limits cap amount to avoid potential penalties and ensure the continued smooth operation of the CDBS. The Amendment Rules also include a statement of compatibility with human rights, prepared in accordance with the Human Rights (Parliamentary Scrutiny) Act 2011. The Amendment Rules engage 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. By applying indexation to the amount of benefit payable for each item in Schedule 1 and the cap amount in Schedule 3, the Amendment Rules facilitate access to basic dental services for eligible children. This, in turn, promotes equality of opportunity for people to enjoy the highest attainable level of health, as required by Article 12(1) of the ICESCR, and ensures access to a social security scheme that provides a minimum essential level of benefits to all individuals and families, as stipulated in Article 9 of the ICESCR.

Legal classification tags

Area of Law
Social Security Law
Health Law
Instrument
Regulation
Concepts
Definitions & Interpretation
Commencement Provisions
Repeal & Amendment
Indexation
Human Rights Implications

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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.