Dental Benefits Amendment Rules (No. 2) 2022

Administered by Department of Health, Disability and Ageing

Legislation au F2022L01671 Rules Not in force Legislative Instrument

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EXPLANATORY STATEMENT

 

 

Dental Benefits Act 2008

 

Dental Benefits Amendment Rules (No. 2) 2022

 

 

 

Purpose

 

The Dental Benefits Amendment Rules (No. 2) 2022 (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 under the Child Dental Benefits Schedule (CDBS) to 31 December 2026. The CDBS provides benefits for basic dental services for eligible children aged 0-17 years. The Amendment Rules allow patients to continue to access treatment provided by public sector dental providers under the CDBS until 31 December 2026.

 

Authority

 

Subsection 60(1) of the Dental Benefits Act 2008 (the Act) allows the Minister, by legislative instrument, to make Dental Benefits Rules providing for matters required or permitted by the Act 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.

 

Commencement

 

The Amendment Rules commence on 1 January 2023.

 

Consultation

 

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

 

General

 

The Amendment Rules are a disallowable legislative instrument for the purposes of the Legislation Act 2003.

 

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. 2) 2022

 

Section 1 – Name

 

This section provides that the name of the instrument is the Dental Benefits Amendment Rules (No. 2) 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 2 – Eligibility of dental services rendered in a State or internal Territory by or on behalf of or under an arrangement with a State or internal Territory

 

Item 1 repeals Schedule 2 of the Dental Benefits Rules 2014 and substitutes a new Schedule 2. The new Schedule 2 extends the date to which a dental service provided by, or on behalf of, or under an arrangement with a State or internal Territory is eligible for dental benefits to 31 December 2026.

 


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. 2) 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. 2) 2022 (the Amendment Rules) amend the Rules to extend the date to which a dental service provided by, or on behalf of, or under an arrangement with a State or internal Territory is eligible for dental benefits to 31 December 2026.

 

The Amendment Rules allow patients to continue to access treatment provided by public sector dentists under the CDBS until 31 December 2026.

 

Human Rights implications

 

The Amendment Rules engage the following rights: 

  • the right to the enjoyment of the highest attainable standard of physical and mental health under Article 12 of the ICESCR, and
  • the right to social security under Article 9 of the International Covenant on Economic, Social and Cultural Rights (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 the right for every individual to be healthy but 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 will allow eligible patients, aged between 0-17 years, to continue to access treatment provided by, on behalf of, or under an arrangement with a State or internal Territory under the CDBS until 31 December 2026. The Amendment Rules engage:

  • the right to health as contained in Article 12(1) of the ICESCR by supporting the delivery of public dental services which enables eligible patients to access to dental facilities, dental practitioners, and essential dental services, and
  • the right to social security as contained in Article 9 of the ICESCR by providing for payments for dental benefits to eligible patients through the CDBS, consequently enabling eligible patients to access benefits in the public sector and assisting eligible patients to access essential dental care.

 

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 (No. 2) 2022 were enacted to amend the Dental Benefits Rules 2014, extending the eligibility period for dental services provided by states or territories under the Child Dental Benefits Schedule (CDBS) until 31 December 2026. This extension is intended to ensure that eligible children aged 0-17 years can continue to access treatment provided by public sector dental providers through the CDBS until the specified date. The Amendment Rules were made under the authority of subsection 60(1) of the Dental Benefits Act 2008, allowing the Minister to create rules necessary or convenient for the Act's implementation. The rules came into effect on 1 January 2023, and no consultation was deemed necessary as the amendments did not significantly alter existing arrangements. Additionally, the rules have been assessed for compatibility with human rights, engaging the right to the highest attainable standard of physical and mental health and the right to social security as outlined in the International Covenant on Economic, Social and Cultural Rights (ICESCR).

Scope and Application

The Dental Benefits Amendment Rules (No. 2) 2022, made under the authority of the Dental Benefits Act 2008, extend the eligibility period for dental services provided by a State or Territory to be covered under the Child Dental Benefits Schedule (CDBS) until 31 December 2026. This amendment ensures that eligible children aged 0-17 years can continue to access basic dental services through public sector dental providers until the end of 2026. The Amendment Rules are applicable to the entities and individuals involved in the provision of dental services under the CDBS, specifically those public sector dental providers operating within the states and territories of Australia. These rules do not introduce any new exclusions or exemptions beyond what is already specified in the existing Dental Benefits Rules 2014. The Amendment Rules, which commence on 1 January 2023, are a disallowable legislative instrument under the Legislation Act 2003 and are compatible with the rights and freedoms recognised or declared in the international human rights instruments.

Key Provisions

The Dental Benefits Amendment Rules (No. 2) 2022 amend the Dental Benefits Rules 2014 to extend the eligibility period for dental services provided by State or internal Territory public sector providers under the Child Dental Benefits Schedule (CDBS) to 31 December 2026. This means that eligible children aged 0-17 years can continue to receive basic dental services from public sector providers until the end of 2026. These changes are made under the authority of subsection 60(1) of the Dental Benefits Act 2008, which allows the Minister to make rules necessary or convenient to carry out or give effect to the Act. The Amendment Rules will come into effect on 1 January 2023. The Amendment Rules impose specific obligations on public sector dental providers and eligible patients. Public sector dental providers must adhere to the updated eligibility period for dental services under the CDBS, ensuring that they continue to offer basic dental services to eligible children until 31 December 2026. Eligible patients, in turn, must ensure they remain within the age range of 0-17 years to qualify for dental benefits under the CDBS. Additionally, both parties must comply with the updated rules regarding the amount of dental benefits payable and the method for determining these amounts, as specified in the Dental Benefits Rules 2014. Any breach of the Dental Benefits Amendment Rules (No. 2) 2022 may lead to various consequences, although specific penalties are not detailed in the Explanatory Statement. Generally, breaches of the rules could result in civil or administrative penalties, depending on the nature and severity of the breach. For instance, public sector dental providers failing to adhere to the updated eligibility period could face sanctions, such as fines or other administrative penalties. Similarly, eligible patients who do not meet the age requirements could be denied dental benefits under the CDBS. While the specific penalties are not outlined in the text, the potential consequences underscore the importance of compliance with the rules. The Amendment Rules are subject to disallowance under the Legislation Act 2003, meaning that they can be reviewed and potentially disallowed by Parliament. This process ensures that the rules are subject to parliamentary scrutiny, which helps maintain accountability and transparency in the legislative process. Additionally, the Amendment Rules are compatible with human rights, as evidenced by the statement of compatibility set out in Attachment B of the Explanatory Statement. This compatibility is achieved by engaging rights such as the right to health and the right to social security, as recognised under international instruments like the International Covenant on Economic, Social and Cultural Rights (ICESCR). By promoting access to essential health care, the Amendment Rules align with broader human rights obligations.

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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.