EXPLANATORY STATEMENT
Veterans’ Affairs (Treatment Principles) Amendment (Dental Provider Arrangements) Determination 2025
EMPOWERING PROVISION
For Schedule 1 of the attached instrument which varies the Treatment Principles (VEA Treatment Principles) – subsection 90(5) of the Veterans Entitlement Act 1986 (the VEA). Under subsection 90(6), the Minister approves the instrument and under subsection 90(7) is the rule-maker.
For Schedule 2 of the attached instrument which varies the MRCA Treatment Principles (MRCA Treatment Principles) – subsection 286(5) of the Military Rehabilitation and Compensation Act 2004 (MRCA). Under subsection 286(6), the Minister approves the instrument and under subsection 286(7) is the rule-maker.
For Schedule 3 of the attached instrument which varies the Treatment Benefits (Special Access) (Modifications of the Treatment Principles) Instrument 2019 (Treatment Benefits (Special Access) Act) – subsection 18(7) of the Treatment Benefits (Special Access) Act 2019. Under subsection 18(8) of the respective empowering provisions, the Minister approves the instrument, and under subsection 18(9), the Minister is the rule-maker.
PURPOSE
These instruments amend the Treatment Principles (Instrument 2013 No. R52), the MRCA Treatment Principles (No. MRCC 53/2013) and the Treatment Benefits (Special Access) (Modifications of the Treatment Principles) Instrument 2019 – collectively the Treatment Principles – to expand the types of providers who can provide specific dental services and allow a greater flexibility in the dental monetary limit for high-cost restorative items.
OVERVIEW
The Treatment Principles set out the circumstances in which treatment may be provided to eligible persons under the provisions of various Veterans’ Affairs portfolio Acts.
Part 5 of the Treatment Principles provides the legislative authority for the operation of the DVA Dental Program.
The DVA Dental Program provides treatment and preventative oral health care to eligible veterans and their families through fee for service arrangements. Services include;
- Preventative treatment such as examinations and cleaning;
- Simple treatment such as fillings and extractions;
- Complex treatment such as crowns, bridges, implants and dentures; and
- Treatment of oral diseases including gum disease and root canal therapy.
In July 2020 the Dental Board of Australia revised their Scope of Registration standard and Guidelines for Scope of Practice to allow dental hygienists, dental therapists and oral health therapists who hold a valid professional registration consistent with the Dental Benefits Rules 2014, to practice independently.
This instrument amends the arrangements for dental hygienists, oral health therapists and dental therapists to permit the delivery of preventative oral health services to eligible clients without the need for dentist supervision. This change empowers these providers to deliver services consistent with their scope of practice, aligning DVA dental arrangements with industry expectations and other Government programs including the Child Dental Benefits Scheme.
Further, the instrument also amends the existing annual monetary limit to an expanded biennial monetary limit. The annual monetary limit was introduced in 1985 to manage growth in expenditure for high-cost restorative treatments including dental crowns and bridges. Expanding this arrangement to a biennial limit will improve access to clinically necessary high-cost dental restorations by mitigating the need to stagger treatment over two calendar years. The new biennial monetary limit will be set at double the existing annual monetary limit, resetting at the start of calendar years. This aligns the DVA dental monetary limit arrangements with the design of the Child Dental Benefits Scheme.
The variations to the Treatment Principles takes effect on 1 January 2026.
EXPLANATION OF PROVISIONS
Section 1 states the name of the Instrument – the Veterans’ Affairs (Treatment Principles) Amendment (Dental Provider Arrangements) Determination 2025.
Section 2 provides that the Instrument commences 1 January 2026.
Section 3 sets out the authority for the Commissions making the Instrument, namely subsection 90(5) of the Veterans’ Entitlement Act 1986, subsection 286(5) of the Military Rehabilitation and Compensation Act 2004, and subsection 18(7) of the Treatment Benefits (Special Access) Act 2019.
Section 4 is a standard provision used in instruments that amend or repeal other instruments. It gives effect to Schedule 1, Schedule 2 and Schedule 3.
Schedule 1—Amendments to the Treatment Principles (Instrument 2013 No. R52)
Item 1
Paragraph 1.4.1, Interpretation
This item substitutes a new definition of dental hygienist. It is defined to mean a person who has a general registration in the dental hygienists division under the National Law in the dental profession.
Item 2
Paragraph 1.4.1, Interpretation
This item substitutes a new definition of dental therapist. It is defined to mean a person who has a general registration in the dental therapists division under the National Law in the dental profession.
Item 3
Paragraph 1.4.1, Interpretation
This item substitutes a new definition of National Law. It is defined to have the same meaning as in section 3 of the Health Insurance Act 1973.
Item 4
Paragraph 1.4.1, Interpretation
This item substitutes a new definition of oral health therapist. It is defined to mean a person who has a general registration in the oral health therapists division under the National Law in the dental profession.
Item 5
Subparagraph 3.5.1(1)(b), Financial Responsibility
This item amends the Commission’s financial liability with respect to dentists to remove reference to supervision of dental hygienists, dental therapists and oral health therapists and updates the title of the relevant fee schedule to “Fee Schedule of Dental Services for Dentists, Dental Specialists and other Dental Practitioners (excluding Dental Prosthetists)”.
Item 6
Subparagraph 3.5.1(1), Financial Responsibility
This item inserts a new financial liability provision for dental hygienists, dental therapists and oral health therapists which refers to the guiding DVA documents “Fee Schedule of Dental Services for Dentists, Dental Specialists and other Dental Practitioners (excluding Dental Prosthetists)” and Notes for Allied Health Providers Section One and Section 2(c).
Item 7
Subparagraph 3.5.1(1)(d), Financial Responsibility
This item amends the Commission’s financial liability with respect to dental specialists to remove reference to supervision of dental hygienists, dental therapists and oral health therapists and updates the title of the relevant fee schedule to “Fee Schedule of Dental Services for Dentists, Dental Specialists and other Dental Practitioners (excluding Dental Prosthetists)”.
Item 8
Paragraph 5.1.1, Providers of services
This item to expand the Commission’s financial responsibility to provide dental treatment to an entitled person where it is administered by a dental prosthetist, dentist, dental specialist, dental hygienist, dental therapist and oral health therapist based on the relevant fee schedule and Notes for Allied Health Providers.
Item 9
Paragraph 5.1.1A, Providers of services
This item repeals the requirement for dental hygienists, dental therapists and oral health therapists to provide services on behalf of a dentist or dental specialist.
Item 10
Paragraph 5.1.2A, Providers of services
This item substitutes the new title of the relevant fee schedule, the “Fee Schedule of Dental Services for Dentists, Dental Specialists and other Dental Practitioners (excluding Dental Prosthetists)”.
Item 11
Paragraph 5.1.3, Providers of services
This item includes the provision for a dental hygienist, dental therapist and oral health therapist to refer to a dental specialist as required.
Item 12
Paragraph 5.2.1, Financial responsibility
This item introduces the new fee schedule title, “Fee Schedule of Dental Services for Dentists, Dental Specialists and other Dental Practitioners (excluding Dental Prosthetists)”, and includes services provided by a dental hygienist, dental therapist and oral health therapist, in addition to dentists, dental specialists, when setting out the limits of financial responsibility.
Item 13
Paragraphs 5.2.3 and 5.2.5, Financial responsibility
This item substitutes the term ‘annual’ with biennial to extend the dental program monetary limit to a two-year program.
Item 14
Paragraph 5.2.3, Financial responsibility
This item amends the reference to a single Calendar year to a period of two consecutive Calendar years.
Item 15
Paragraph 5.2A.1, Disqualified Dental Practitioners
This item includes dental hygienists, dental therapists and oral health therapists into disqualified practitioner arrangements in addition to dentists, dental specialists and dental prosthetists.
Item 16
Subparagraphs 5.3.2(a)(i), 5.3.2(b)(i), 5.3.3(a), 5.3.4(a) and 5.4.1(b), Entitlement
This item amends all references to the existing fee schedule to reflect the new title “Fee Schedule of Dental Services for Dentists, Dental Specialists and other Dental Practitioners (excluding Dental Prosthetists)”.
Item 17
Subparagraphs 5.3.2(a)(i) (note) and 5.3.4(a) (note), Entitlement
This item substitutes the term ‘annual’ with biennial to extend the dental program monetary limit to a two-year program.
Item 18
Subparagraphs 5.3.2(b)(i) and 5.3.3(a), Entitlement
This item substitutes the term ‘annual’ with biennial to extend the dental program monetary limit to a two-year program.
Item 19
Paragraph 5.4.1 (note), Emergency dental treatment
This item amends all references to the existing fee schedule to reflect the new title “Fee Schedule of Dental Services for Dentists, Dental Specialists and other Dental Practitioners (excluding Dental Prosthetists)”.
Item 20
Paragraph 7.1A.1 (item 3 of the table, column headed “provider specific section”), Prior approval and financial responsibility for health services
This item amends reference to the existing fee schedule to reflect the new title “Fee Schedule of Dental Services for Dentists, Dental Specialists and other Dental Practitioners (excluding Dental Prosthetists)”.
Item 21
Paragraph 7.1A.1 (after item 3 of the table), Prior approval and financial responsibility for health services
This item introduces the three new types of dental practitioners, dental hygienists, dental therapists, and oral health therapists, into the table detailing the specific sections of Notes for Allied Health Providers.
Item 22
Schedule 1, Item 7, Dates for incorporated documents
This item amends reference to the existing fee schedule to reflect the new title “Fee Schedule of Dental Services for Dentists, Dental Specialists and other Dental Practitioners (excluding Dental Prosthetists)”.
Schedule 2—Amendments to the MRCA Treatment Principles (Instrument 2013 No. MRCC53)
Item 1
Paragraph 1.4.1, Interpretation
This item substitutes a new definition of dental hygienist. It is defined to mean a person who has a general registration in the dental hygienists division under the National Law in the dental profession.
Item 2
Paragraph 1.4.1, Interpretation
This item substitutes a new definition of dental therapist. It is defined to mean a person who has a general registration in the dental therapists division under the National Law in the dental profession.
Item 3
Paragraph 1.4.1, Interpretation
This item substitutes a new definition of National Law. It is defined to have the same meaning as in section 3 of the Health Insurance Act 1973.
Item 4
Paragraph 1.4.1, Interpretation
This item substitutes a new definition of oral health therapist. It is defined to mean a person who has a general registration in the oral health therapists division under the National Law in the dental profession.
Item 5
Subparagraph 3.5.1(1)(b), Financial Responsibility
This item amends the Commission’s financial liability with respect to dentists to remove reference to supervision of dental hygienists, dental therapists and oral health therapists and updates the title of the relevant fee schedule to “Fee Schedule of Dental Services for Dentists, Dental Specialists and other Dental Practitioners (excluding Dental Prosthetists)”.
Item 6
Subparagraph 3.5.1(1), Financial Responsibility
This item inserts a new financial liability provision for dental hygienists, dental therapists and oral health therapists which refers to the guiding DVA documents “Fee Schedule of Dental Services for Dentists, Dental Specialists and other Dental Practitioners (excluding Dental Prosthetists)” and Notes for Allied Health Providers Section One and Section 2(c).
Item 7
Subparagraph 3.5.1(1)(d), Financial Responsibility
This item amends the Commission’s financial liability with respect to dental specialists to remove reference to supervision of dental hygienists, dental therapists and oral health therapists and updates the title of the relevant fee schedule to “Fee Schedule of Dental Services for Dentists, Dental Specialists and other Dental Practitioners (excluding Dental Prosthetists)”.
Item 8
Paragraph 5.1.1, Providers of services
This item to expand the Commission’s financial responsibility to provide dental treatment to an entitled person where it is administered by a dental prosthetist, dentist, dental specialist, dental hygienist, dental therapist and oral health therapist based on the relevant fee schedule and Notes for Allied Health Providers.
Item 9
Paragraph 5.1.1A, Providers of services
This item repeals the requirement for dental hygienists, dental therapists and oral health therapists to provide services on behalf of a dentist or dental specialist.
Item 10
Paragraph 5.1.3, Providers of services
This item includes the provision for a dental hygienist, dental therapist and oral health therapist to refer to a dental specialist as required.
Item 11
Paragraph 5.2.1, Financial responsibility
This item introduces the new fee schedule title, “Fee Schedule of Dental Services for Dentists, Dental Specialists and other Dental Practitioners (excluding Dental Prosthetists)”, and includes services provided by a dental hygienist, dental therapist and oral health therapist, in addition to dentists, dental specialists, when setting out the limits of financial responsibility.
Item 12
Paragraphs 5.2.3 and 5.2.5, Financial responsibility
This item substitutes the term ‘annual’ with biennial to extend the dental program monetary limit to a two-year program.
Item 13
Paragraph 5.2.3, Financial responsibility
This item amends the reference to a single Calendar year to a period of two consecutive Calendar years.
Item 14
Paragraph 5.2A.1, Disqualified Dental Practitioners
This item includes dental hygienists, dental therapists and oral health therapists into disqualified practitioner arrangements in addition to dentists, dental specialists and dental prosthetists.
Item 15
Subparagraphs 5.3.2(a)(i), 5.3.2(b)(i), 5.3.3(a), 5.3.4(a) and 5.4.1(b), Entitlement
This item amends all references to the existing fee schedule to reflect the new title “Fee Schedule of Dental Services for Dentists, Dental Specialists and other Dental Practitioners (excluding Dental Prosthetists)”.
Item 16
Subparagraphs 5.3.2(a)(i) (note) and 5.3.3(a) (note), Entitlement
This item substitutes the term ‘annual’ with biennial to extend the dental program monetary limit to a two-year program.
Item 17
Subparagraphs 5.3.2(b)(i) and 5.3.3(a), Entitlement
This item substitutes the term ‘annual’ with biennial to extend the dental program monetary limit to a two-year program.
Item 18
Paragraph 5.4.1 (note), Emergency dental treatment
This item amends all references to the existing fee schedule to reflect the new title “Fee Schedule of Dental Services for Dentists, Dental Specialists and other Dental Practitioners (excluding Dental Prosthetists)”.
Item 19
Paragraph 7.1A.1 (item 3 of the table, column headed “provider specific section”), Prior approval and financial responsibility for health services
This item amends reference to the existing fee schedule to reflect the new title “Fee Schedule of Dental Services for Dentists, Dental Specialists and other Dental Practitioners (excluding Dental Prosthetists)”.
Item 20
Paragraph 7.1A.1 (after item 3 of the table), Prior approval and financial responsibility for health services
This item introduces the three new types of dental practitioners, dental hygienists, dental therapists, and oral health therapists, into the table detailing the specific sections of Notes for Allied Health Providers.
Item 21
Schedule 1, Item 7, Dates for incorporated documents
This item amends reference to the existing fee schedule to reflect the new title “Fee Schedule of Dental Services for Dentists, Dental Specialists and other Dental Practitioners (excluding Dental Prosthetists)”.
Schedule 3—Amendments to the Treatment Benefits (Special Access) (Modifications of the Treatment Principles) Instrument 2019 (Instrument 2019 No. R17)
Item 1
Schedule, item 40
This item amends reference to the existing fee schedule to reflect the new title “Fee Schedule of Dental Services for Dentists, Dental Specialists and other Dental Practitioners (excluding Dental Prosthetists)”.
Item 2
Schedule, item 40
This item substitutes the term ‘annual’ with biennial to extend the dental program monetary limit to a two-year program.
Consultation
Consultation was not undertaken in relation to these specific instruments. The current amendments are consistent with recommendation made by the DVA Dental Program Review completed in 2023. To inform the Review, DVA sought feedback from peak industry bodies, ex-service organisations, dental practitioners and veterans and their families in 2020. The consultation asked targeted questions regarding scope of practice and the Schedule C monetary limit and the outcomes of this consultation process are reflected in the revised scope of practice for dental hygienists, dental therapists and oral health therapists and expanded Schedule C monetary limit.
Amendments to the Treatment Principles are expected to have a positive impact on relevant provider types and improve access to dental services for veterans and their families. The amendments reflect broader community recognition of their skillsets, expertise, and qualifications as independent dental practitioners.
Documents incorporated by reference
Not Applicable. This instrument does not incorporate any new documents by reference. The Department of Veterans’ Affairs Fee Schedule for Medical Services is already incorporated by reference into the Treatment Principles under Section 3.5.
Collection, use and disclosure of personal information
The instrument amends the arrangements for dental hygienists, oral health therapists and dental therapists to enable direct service provision. Those providers are therefore required to collect, use and disclose personal information consistently with Privacy Act 1988 as outlined in the Notes for Allied Health Providers Section 1.
Human rights implications
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 A.
Making the instrument
The instrument is made by the:
Military Rehabilitation and Compensation Commission
Repatriation Commission
Approved by
Minister for Veterans’ Affairs
Rule-maker
Attachment A
Statement of Compatibility with Human Rights
Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011
Veterans’ Affairs (Treatment Principles) Amendment (Dental Provider Arrangements) Determination 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 (the recognised rights).
Overview of the Disallowable Legislative Instrument
The Veterans’ Affairs (Treatment Principles) Amendment (Dental Provider Arrangements) Determination 2025 (the Instrument) amends the Treatment Principles, MRCA Treatment Principles and Treatment Benefits (Special Access) (Modifications of the Treatment Principles) Instrument 2019 (the Principal Instruments) to expand the types of dental practitioner who can independently provide services to eligible DVA clients and extends the current Schedule C Annual Monetary Limit to a biennial (two-year) limit.
Human rights implications
Article 12(1) of the International Covenant on Economic Social and Cultural Rights (the Covenant) provides for the right of everyone to enjoyment of the highest attainable standard of physical and mental health.
The United Nations Committee on Economic, Social and Cultural Rights (the Committee) states that health is a ‘fundamental human right indispensable for the exercise of other human rights’ and that ‘every human being is entitled to the enjoyment of the highest attainable standard of health conducive to living a life in dignity’. The Committee further states that the ‘right to health must be understood as a right to the enjoyment of a variety of facilities, goods, services and conditions necessary for the realisation of that standard’ instead of a general right to be healthy. Article 12.2(d) of the Covenant requires the provision of equal and timely access to basic preventive, curative, rehabilitative health services and health education; regular screening programmes; appropriate treatment of prevalent diseases, illnesses, injuries and disabilities, preferably at community level; the provision of essential drugs; and appropriate mental health treatment and care.
Removing the requirement for dental hygienists, dental therapists and oral health therapists to practice under the supervision of a dentist or dental specialist will improve the timeliness of access to dental services. The reduced administrative complexity will allow these dental practitioners to offer services in areas with limited workforce presence and respond to demand for services in locations including aged care facilities.
Additionally, the expansion of the monetary limit imposed under Schedule C arrangements will support eligible individuals to access a greater level of care sooner, where it is clinically necessary. It will support the provision of more conservative dental restorations which previously required a patient contribution, such as a dental bridge. This reduces the likelihood of people electing to delay treatment and may reduce demand for more complex dental services which can carry greater risk.
Conclusion
These instruments are compatible with human rights as they promote the right to health by expanding the categories of providers who can provide eligible clients with dental treatment and care, and reduce the administrative burden associated with high-cost dental restorations, consistent with Article 12.2(d) of the International Covenant on Economic Social and Cultural Rights.
Minister for Veterans’ Affairs
Rule-maker