EXPLANATORY STATEMENT
Dental Benefits Act 2008
Dental Benefits Amendment Rules (No.2) 2025
Purpose and operation
The Dental Benefits Amendment Rules (No. 2) 2025 (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 Rule, effective from 1 January 2026.
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 2026, indexation is to be applied, by the Amendment Rules, to the benefit payable for 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 2026, indexation is to be applied, by the Amendment Rules, to the benefit cap amount increasing the benefit cap amount from $1,132 to $1,158 for the 2026-2027 relevant two-year period.
The indexed cap rate will apply from 1 January 2026 until 31 December 2026. 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 2025 the 2025-2026 cap of $1,132 applies. If a child first accesses benefits in 2026 the 2026-2027 cap of $1,158 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 1 January 2026
The Amendment Rules are a disallowable legislative instrument for the purposes of the Legislation Act 2003.
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 that comes into effect on 1 January 2026. No further consultation was undertaken. The level of consultation reflects the administrative nature of the changes and the underlying principle that indexation will be applied annually.
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 (No.2) 2025
Section 1 – Name
This section provides that the name of the instrument is the Dental Benefits Amendment Rules (No.2) 2025
Section 2 – Commencement
This section provides that the Amendment Rules commence on 1 January 2026.
Section 3 – Authority
This section provides that the instrument is 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 instrument has effect according to its terms.
Schedule 1 – Amendments
Schedule 1 amends the Dental Benefits Rules 2014.
Item 1 – Schedule 1 -Dental Benefits Schedule
Item 1 omits the current amounts in the ‘Benefits ($)” column of the table in Schedule 1 and substitutes the values with the new amounts of benefit payable for each item after indexation is applied. The new amounts were calculated according to a formula supplied by the Department of Finance.
Item 2 – Schedule 3 – Benefit limits
Item 2 adds a new financial year and benefit limits cap amount to the table in Schedule 3.
The effect of this item is that children who commence their two-year cap period on any date in 2026 will now have access to up to a $1,158 cap in benefits over the two-year calendar period ending on 31 December 2027. The new benefit limit cap reflects the application of indexation, which was calculated according to a formula supplied by the Department of Finance.
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) 2025
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 (No. 2) 2025 (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 2026.
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 2026 the updated indexation rate as specified by the Department of Finance in the May 2025 economic update, is to be applied to the benefit payable to each of 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 2026 the updated indexation rate, as specified by the Department of Finance in May 2025 economic update, was used to calculate the new benefit cap limit. The effect of this is that children who commence their two-year cap period on any date in 2026 will now have access to up to a $1,158 cap in benefits over the two-year calendar period ending on 31 December 2027.
Human rights implications
This Disallowable Legislative Instrument engages 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 benefit limits 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.
Mark Roddam
First Assistant Secretary
Primary Care Division
Department of Health, Disability and Ageing